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HomeMy WebLinkAboutMin 09-06-89334 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - SEPTEMBER 6, 1989 The City Council convened in a regular session at 6:32 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, Hickey and Mayor Henderson. Absent: Councilmember Schneiter. Staff Present: City Clerk McKay, Acting City Manager Horsley, City Attorney Rapport, Community Development Director Harris, Public Works Director/City Engineer Pedroncelli, Finance Director Vara and Administrative Secretary to the City Manager Stamelos. INVOCATION/PLEDGE OF ALLEGIANCE Councilmember Hickey delivered the Invocation Councilmember Shoemaker led the Pledge of Allegiance. APPROVAL OF AGENDA and M/S Shoemaker/Wattenburger approved the Agenda for this meeting. The motion was carried by an unanimous voice vote of all AYE. APPROVAL/CORRECTION OF MINUTES Councilmember Shoemaker requested a change to the Minutes of August 16, 1989, on Page 7, under Councilmember Shoemaker Report~, 1st line, strike "was given" and replace with "will give". Councilmember Hickey requested a change to the Minutes of August 16,1989, on Page 6, 12th paragraph, 3rd line, strike "Information" and add "Informal". Mayor Henderson made the following changes to the Minutes of August 16, 1989; Page 4, 7th paragraph, 1st and 2nd lines, strike the words "joint City Council/"; Page 4 8th paragraph, 3rd line, strike the words "/City Council Joint"; Page 4, 9th paragraph, 2nd line, change "II" to "I"; and Page 7, 6th paragraph, 2nd line, add "Committee" after the word "District". M/S Hickey/Wattenburger to approve the Minutes of the City Council meeting of August 16, 1989, as amended. The motion was carried by the following roll call vote; AYES: Councilmembers Wattenburger, Shoemaker, Hickey and Mayor Henderson. NOES. None. ABSENT: Councilmember Schneiter. M/S Shoemaker/Henderson to approve the Minutes of the City Council Special Meeting of August 28, 1989 as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey and Mayor Henderson. NOES: None. ABSTAIN: Councilmember Wattenburger. ABSENT: Councilmember Schneiter. RIGHT TO APPEAL Mayor Henderson reviewed the Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR Mayor Henderson pulled Item 7e. It then became New Business Item lli. Councilmember Hickey pulled Item 7g. It then became New Business Item llj. 335 Councilmember Wattenburger pulled Item 7k. It then became New Business Item ilk. M/S Hickey/Wattenburger approved the Consent Calendar Items 7a, 7b, 7c, 7d, 7h, and 7i as follows: 7a. Approved the Payroll Warrants from August 6, 1989 to August 19, 1989, #27127 to #27284, in the amount of $111,911.03, and the General Warrants of September 6, 1989, #42274 to #42441, in the amount of $333,138.31. 7b. Denied the Claims for Damage of McDonald's Restaurant and Eugene E. Ely and referred them to the Insurance carrier. 7c. Approved the Lease Agreement with Sky Ranch Christmas Tree Lot, Mr. and Mrs. Marshal McCoy. 7d. Accepted Jack Albert's letter of resignation and authorized the City Clerk to advertise the vacancy on the Airport Commission, and submit applications to Council at the October 4, 1989 meeting. 7h. Adopted Resolution No. 90-14, Approving Application for 1988 Park Bond Act Monies. 7i. Approved the Report of Administrative Actions and Proposals (R.A.A.P.) COMMENTS FROM THE AUDIENCE None. PETITIONS AND COMMUNICATIONS 9a. Letter from Parks, Recreation and Cultural Arts Commission to Change Contract with Mendocino College The Parks, Recreation and Cultural Arts Director noted that the City has an agreement that has been in effect for over fifteen years with no changes being implemented during this time with the college usage doubling. He noted that the Parks, Recreation and Cultural Arts Commission and Staff recommend this contract be reviewed. M/S Hickey/Shoemaker to receive this letter and refer to Staff to meet with the College and prepare revisions to the Agreement for use of Anton Stadium. The motion was carried by a unanimous voice vote of all AYE. UNFINISHED BUSINESS 10a. Alterations to Ordinance No. 892 Establishing Procedures for Bidding and Constructing Public Projects The City Attorney reported that Ordinance No.892 which was introduced at the Council meeting of August 16, 1989, is now in need of revision due to State Law changes on July 31, 1989 which increase the amounts for force account work and informal bidding from $15,000.00 and $50,000.00 to $25,000.00 and $75,000.00 respectively. He advised that if alterations are made to an Ordinance after it has been introduced, it cannot be adopted until five days after its alteration and then only at a regularly scheduled Council meeting. Discussion ensued regarding wording pertaining to delegation of responsibility in the awarding of bids. M/S Shoemaker/Wattenburger to approve the alterations as recommended by the City Attorney and make the following Reg. Mtg. September 6, 1989 Page 2 336 change on Page 2, Section 1544, 4th line, strike "Public Works Director" and add "City Manager or his or her designee". The motion was defeated by the following roll call vote: AYES: Councilmember Shoemaker. NOES: Councilmembers Wattenburger, Hickey and Mayor Henderson. ABSENT: Councilmember Schneiter. Councilmember Wattenburger stated that this is a large amount of money that could be spent without the City Council's knowledge and would like to see the bids before awarding. M/S Henderson/Hickey to approve the alterations as recommended by the City Attorney and change the wording on Page 2, Section 1544, line 3, from " The Council may delegate the authority to award informal contracts to the public works director" to "The Council delegates the authority to award informal contracts to the City Manager or his or her designee". The motion was lost by the following roll call vote: AYES: Councilmember Hickey and Mayor Henderson. NOES: Councilmember Wattenburger and Shoemaker. ABSENT: Councilmember Schneiter. M/S Shoemaker/Wattenburger to reconsider Councilmember Shoemaker's first original motion. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker and Mayor Henderson. NOES: Councilmember Hickey. ABSENT: Councilmember Schneiter. M/S Shoemaker/Wattenburger reintroduced the original motion of " to approve the alterations as recommended by the City Attorney and make the following change on Page 2, Section 1544, line 4, strike "Public Works Director" and add "City Manager or his or her designee". The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, and Mayor Henderson. NOES: Councilmember Hickey. ABSENT: Councilmember Schneiter. The Acting City Manager noted that the Builders Exchange has a video about the effect of this law that she can provide for Council information. 10b. Matter of Recycling - Introduction of Recyclin9 Ordinance The City Attorney reviewed the Proposed Recycling and Anti-Scavenging Ordinance for the Council. Discussion ensued regarding use of receptacles, return of bins, distribution of bins, and wording regarding recyclable material disposal requirements. M/S Wattenburger/Shoemaker to introduce this Ordinance by title only with amended wording in Section 4481 to only read "It is the intention of the City to establish a voluntary recycling program. No person shall be required to segregate recyclable materials from other garbage, refuse or rubbish and may dispose of such recyclables in any manner authorized or permitted for the disposal of garbage, refuse or rubbish."; and to add the wording "as provided by Section 4484" to Section 4482.A. The motion was carried by a unanimous voice vote of all AYE. The City Clerk read the title only of Ordinance No. 893. M/S Wattenburger/Shoemaker introduced Ordinance 893 with amended wording in Section 4481 to only read "It is the intention of the City to establish a voluntary recycling program. No person shall be required to segregate recyclable materials from other garbage, refuse or rubbish Reg. Mtg. September 6, 1989 Page 3 337 and may dispose of such recyclables in any manner authorized or permitted for the disposal of garbage, refuse or rubbish.", and to add the wording "as provided by Section 4484" to Section 4482.A. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker,Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Schneiter. 10b.i. Discussion of Extension of Contract with Solid Waste Systems Phil Ward, Ukiah Solid Waste, stated that his company needs an extension of the current contract of 4 more years to help amortize the costs associated with curbside recycling startup. He indicated that if the contract is not extended 4 more years he will not be interested in attempting the curbside recycling project. Discussion ensued regarding profit levels, recycling accounting procedures, revenues and City auditing. M/S Wattenburger/Shoemaker granted the 4 year extension on the Ukiah Solid Waste contract and directed staff to draw up the contact to indicate that if the Curbside Recycling Program fails then the 4 year extension will be null and void. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Hickey and Mayor Henderson. NOES: None. ABSENT: Councilmember Schneiter. RECESS: 7:51 p.m. RECONVENE: 8:01 p.m. NEW BUSINESS lla. Request from the League of Women Voters, Inc., for waiver of Fees for use of the Council Chambers M/S Henderson/Shoemaker to grant the League of Women Voters a permanent waiver for the use of the Council Chambers. The motion was carried by the following roll call vote:AYES: Councilmembers Wattenburger, Shoemaker, Hickey and Mayor Henderson. NOES: None. ABSENT: Councilmember Schneiter. Nancy Verville, League of Women Voters, thanked the Council for the courtesy of a permanent waiver and also for their recycling efforts. llb. Matter of New State Hotel, Proposed Resolution Setting date for Public Hearing for Abatement of Public Nuisance. The Community Development Director reported that since the major fire in May of this year, no visible work has been done and Smith Street remains closed due to the safety hazard posed by the south wall of the building. He referred to a letter dated August 31, 1989 from Charles Mannon stating that the property owner is working with an engineer to prepare plans for reconstruction as soon as possible. Discussion ensued regarding abatement procedures, street opening, sidewalk obstruction, and a possible covered walkway to allow pedestrian use. Charles Mannon, representative for owner Paul Chan, stated that the delay has occurred due to insurance problems and that the engineers plans would probably be done by October 1, 1989, and requested that abatement procedures not be started. Councilmember Shoemaker urged the building of a covered walkway due to the safety hazard to pedestrians and autos. Reg. Mtg. September 6, 1989 Page 4 338 It was the General consensus of Council for a report back at the next Council meeting of September 20, 1989 regarding progress of opening Smith Street and providing covered sidewalks and to delay abatement procedures until that time. llc. Consideration of Recommendation of City/County Planninq Commission Committee to Board of Supervisors The Community Development Director noted that after the formation of the Joint City/County Planning Commission Committee in January, the Committee proceeded to discuss individual standards, specific projects and areas of major concerns, of which one was the Beckstoeffer property between Lovers Lane and Orr Springs Road. He reported that it is the recommendation of this Committee for the County to prepare a specific Plan and Environmental Impact Report for the whole Beckstoeffer property. It was the general consensus of Council to write a letter to the Mendocino County Board of Supervisors reiterating the City's stance and support the Joint City/County Planning Committee recommendation for development of a specific plan and an EIR for the entire Beckstoeffer property. lld. Matter of location of Vietnam Veterans Memorial The Acting City Manager reported two possible sites for the relocation of the Vietnam Memorial are at the Civic Center, which provides the better security, or at Todd Grove Park. She noted that the Mendocino County Veterans Association will pay for all moving costs with the electrical usage for the lighting to be paid for by the City. Discussion ensued pertaining to maintenance and vandalizing. Jack Brose, representative for the Vietnam Memorial, stated that Todd Grove Park, where the apex of the moving Vietnam Memorial was located, is the Veterans preferred site location and would like to get the memorial moved and lighted in time for Veterans Day in November. M/S Henderson/Wattenburger authorized placement of the Vietnam Veterans Memorial in Todd Grove Park with all moving expenses and Memorial maintenance costs to be paid for by the Veterans Association and electrical usage for flag lighting to be provided by the City. The motion was carried by a general consensus of Council. lle. Adoption of Resolutions adopting Memorandum of Understanding The Acting City Manager noted that the City has met with the two Fire Units and negotiated a new Memorandum of Understanding covering a two-year period, 1989-91, and the units have accepted the Agreement and it is now before the Council for approval. ii. Firefighter/Fire Enqineer Unit M/S Hickey/Shoemaker approved Resolution 90-16, Adopting Memorandum of Understanding for the Firefighter/Fire Engineer Unit for 1989-91. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Hickey and Mayor Henderson. NOES: None. ABSENT: Councilmember Schneiter. i. Fire Supervisory Unit M/S Hickey/Wattenburger approved Resolution No. 90-15, adopting Memorandum of Understanding for the Fire Reg. Mtg. September 6, 1989 Page 5 339 Supervisory Unit for 1989-91. The Motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Hickey and Mayor Henderson. NOES: None. ABSENT: Councilmember Schneiter. llf. Adoption of Resolution Supporting Specific Amendments to the Job Training Partnership Act The Community Development Director reported that Mendocino Development Corporation (MDC) is a nonprofit local development corporation established to provide economic development assistance and some members of Council and staff sit on the MDC Board. He noted that a major portion of the funding for MDC is through the Private Industry Council from the Job Training Partnership Act (JTPA) and that MDC's prime activity is job creation which is currently an eligible use of JTPA funds . He reported that Congress is proposing modifications to JTPA which may eliminate funding for job creation, which would have an effect on local efforts to continue to improve the economic development climate in Ukiah. MDC is seeking support of positive and appropriate changes to JTPA, instead of elimination of job creation funding. M/S Hickey/Shoemaker adopted Resolution No. 90-17, Supporting Job Training Partnership Act Amendments of 1989 and to send a letter of support. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Hickey and Mayor Henderson. NOES: None. ABSENT: Councilmember Schneiter. llg. Designation of Voting Delegate for League of California Cities Annual Conference-Henderson It was the general consensus of Council that Mayor Henderson is the voting member with Councilmember Shoemaker as the alternate voting member. llh. Discussion of Split Roll Property Tax Initiative-Henderson,Shoemaker Councilmember Shoemaker reported that he heard a speech at a Chamber of Commerce function regarding a future initiative that would double the property tax on business properties in comparison to residential properties and noted the Chamber and the League is starting an information campaign and desires Councils support of our Division and League of California Cities stance of opposition to this initiative. M/S Shoemaker/Henderson for Council to take the position of opposition to the split roll tax initiative. The motion was carried by a unanimous voice vote of all AYE. It was the general consensus for Staff to write the letter for the Mayor's signature. lli. Report from Planning Commission regarding Hillside Standards Project. Mayor Henderson questioned the establishment of an Ad-hoc Committee and its purpose regarding Hillside development noting that it is a goal of the Council to promote Hillside development to preserve the Agricultural land of the valley. The Community Development Director explained that the Planning commission is concerned with geology and other effects of hillside development and this Ad-hoc committee of community members with expertise or interest in hillside development will report to the Planning Commission who will then report to Council. Reg. Mtg. September 6, 1989 Page 6 34O M/S Henderson/Wattenburger approved the Planning Commission's Hillside Standards Project including creation of an Ad-hoc committee. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Hickey and Mayor Henderson. NOES: None. ABSENT: Councilmember Schneiter. !lj. Adoption of Resolution Designating Certain Street Intersections with Stops Councilmember Hickey stated that there are stop signs at every block on some of our most heavily traveled streets and indicated stop signs can cause traffic backup and congestion. Discussion ensued regarding the 3 new proposed stop signs and their degree of importance. M/S Shoemaker/Henderson to eliminate proposed stop signs on Mill Street at Oak Street and on School Street at Seminary Avenue and adopted amended Resolution No. 90-18 Designating Certain Streets with Designated Stops. The motion was carried by the following roll call vote:AYES: Councilmembers Shoemaker, Hickey and Mayor Henderson. NOES: Councilmember Wattenburger. ABSENT: Councilmember Schneiter. llk. Authorize the City Manaqer to execute Lease Aqreement with the FAA for Automatic Weather Observant System. Councilmember Wattenburger questioned why this item was not presented to the Airport Commission. M/S Wattenburger/Hickey authorized the City Manager to execute the lease agreement with the FAA for Automatic Weather Observant System. The motion was carried by the following roll call vote:AYES: Councilmembers Wattenburger, Shoemaker, Hickey and Mayor Henderson. NOES: none. ABSENT: Councilmember Schneiter. CITY COUNCIL REPORTS Councilmember Wattenburger None. Councilmember Shoemaker Reported that Assemblyman Hauser sent him many pending bills in the Assembly regarding recycling and commented on the Mendocino County Board of Supervisors meeting yesterday. Councilmember Hicke¥ None. Mayor Henderson Reported on the Mayors/Managers meeting in Ft. Bragg and commented that the City of Ft. Bragg is providing their County Supervisor, who represents their district, a City Council Agenda packet and feels this is a good idea. CLOSED SESSION None. ADJOURNMENT There being no further busines~ the meetinq was CCMIN.9 ~~Fya[y~ C-i~ Clerk Reg. Mtg. September 6, 1989 Page 7 adjourned