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HomeMy WebLinkAboutMin 07-19-89311 .MINUTES OF THE CITY COUNCIL OF THE ..CITY OF UKIAH - JULY 19, 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, Schneiter, Hickey, and Mayor Henderson. Absent: Councilmember Shoemaker. Staff present: Interim City Manager Watson, Acting City Attorney Les Marston, Community Development Director Harris, Assistant to the City Manager,Public Works Director/City Engineer Pedroncelli,Finance Director Vara, Fire Chief Mitchell, Administrative Secretary to the City Manager and City Clerk McKay INVOCATION/PLEDGE OF ALLEGIANCE Councilmember Hickey delivered the Invocation Councilmember Wattenburger led the Pledge of Allegiance. APPROVAL OF AGENDA and The City Manager requested the continuance of Item llc. Matter of RMI Coqeneration Proposal to August 2 or August 16, 1989. Councilmember Shoemaker joined the meeting at this time of 6:38 p.m. Mayor Henderson requested Item 12a. Matter of Term of Mayor be postponed until August 2, 1989. M/S Hickey/Schneiter approved the modified Agenda of July 19, 1989. The motion was carried by a unanimous voice vote of all Aye. APPROVAL/CORRECTION OF MINUTES M/S Schneiter/Hickey approved the City Council Minutes of the Regular Meeting of July 5, 1989. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Hickey. NOES: None. ABSTAIN: Mayor Henderson. RIGHT TO APPEAl. Mayor Henderson reviewed Sections 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR Councilmember Shoemaker pulled Item 7f. Adoption of Resolution Establishing Speed Zones for Various Streets. It then became Item 12c. under New Business. Councilmember Wattenburger pulled Item 7d. Notice of Completion - Construction of Airport Hangars and Site Improvements. It then became Item 12d. under New Business. M/S Schneiter/Wattenburger approved the Consent Calendar Items 7a, 7b, 7c, 7e, and 7g as follows: 7a. Approved the Payroll Warrants from June 25, 1989 to July 8, 1989, #26615 to #26773, in the amount of $110,047.80, and the General Warrants of July 19, 1989, #41834 to #42006, in the amount of $888,860.46. 7b. Denied the Claim for Damage of Henry Van Esch, and referred it to the insurance carrier. 7c. Approved Legal Advertising to be placed with the Ukiah Daily Journal. Reg. Mtg. July 19, 1989 Page 1 312 7e. Adopted Ordinance No. 891, Approving Police Dispatcher P.O.S.T. Training. 7g. Approved the Report of Administrative Actions and Proposals (R.A.A.P.). COMMENTS FROM THE AUDIENCE None. PETITIONS AND COMMUNICATIONS 10a. Letter from Michael Shapiro reqardinq second dwellinqs in the R-1 Zone. Michael Shapiro, Boonville, stated his letter addresses Ordinance 813, which allows second units to be built in the R-1 zones with a condition that one unit be occupied by owner, noting there is a need for more rentable housing therefore the condition of one owner occupied unit should be eliminated. Discussion ensued regarding R-1 and R-2 zones, other Cities requirements, and County conditions regarding State Law SB 1534. It was the general concensus of Council to receive and file this letter. PUBLIC HEARINGS - 7:00 p.m. 9a. Adoption of Resolution Approvinq Use Permit 89-81, Kassis Investment Co., 66 unit elderly housinq, Planned Development, Washinqton Ave. and South Dora Street. Mayor Henderson noted this proposed development of 66-unit elderly housing is on property zoned Planned Development, which requires use permit approval by the City Council. She noted the use permit was approved with conditions by the Planning Commission and the project meets General Plan and zoning requirements. It was noted that creek maintenance and adequate parking were major issues considered by the Commission and addressed in the approval conditions and by variance. The Community Development Director reported the Acting City Attorney recommended rewording of Condition 19. to state; "Street lights may be required as determined by the Director of Electric Utility." Public Hearing Opened - 7:06 p.m. Jim Kassis, President of Kassis Investment Company, stated he is in attendance to answer any questions that arise. No one else came forward. Public Hearing Closed - 7:07 p.m. Councilmember Wattenburger questioned sprinkler systems use. The Community Development Director stated that sprinkler systems are required in the City Code. Jim Kassis stated that sprinkler systems will be installed as required. M/S Hickey/Wattenburger adopted Resolution No. 90-4, Approving Use Permit No. 89-81, Kassis Investment, to include the recommended rewording of Condition No. 19. to "Streets lights may be required by the Director of Electric Utility." The motion was carried by the following roll call vote: AYES: Reg. Mtg. July 19, 1989 Page 2 313 Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. 9b. Adoption of Resolution Confirminq Weed Abatement Costs. Mayor' Henderson noted that weed abatement has been performed by the City on two remaining parcels of which total abatement costs totaled $472.00, and direction is needed for the Finance Director to collect these costs, and if no recovery occurs then liens against the properties should be implemented. PUBLIC HEARING OPENED 7:11 p.m. No one came forward. PUBLIC HEARING CLOSED 7:12 p.m. Councilmember Shoemaker circulated pictures of weeds on City property located on the corner of Low Gap and Oak Street. The pictures were given to the City Manager for his review. M/S Schneiter/Wattenburger to adopt Resolution No. 90-5, Confirming "Report of Weed Abatement Costs", Authorizing Acceptance of Payment of Costs and Directing Unpaid Abatement Costs to be Placed as Liens Against Properties. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. UNFINISHED BUSINESS lla. ~equest to Demolish Buildinq - 460 North Oak Street Councilmember Shoemaker excused himself from the meeting at 7:14 p.m. due to a possible conflict of interest. It was noted that this item was postponed to this meeting date upon request of the applicant. The applicant was not present. It was the general consensus of Council to table this item. It then became New Business Item 12e. Councilmember Shoemaker returned to the meeting at 7:19 p.m. llb. Adoption of Ordinance No. 890, Amendinq Parks, Recreation, Cultural Arts Commission Appointments. Mayor Henderson noted that this Ordinance was introduced at the July 5, 1989 meeting and was approved by a 3-1 vote. M/S Hickey/Wattenburger to introduce by Title only for the second reading. The motion was carried by a unanimous voice vote of all Aye. The City Clerk read the Title of Ordinance No. 890. M/S Hickey/Wattenburger adopted Ordinance No. 890, Amending Section 1001 of the Ukiah City Code Pertaining to the Appointment of Members of the Parks, Recreation and Cultural Arts Commission. The motion was carried by the following roll call vote: AYES: Councilmember Wattenburger, Schneiter, Hickey and Mayor Henderson. NOES: Councilmember Shoemaker. Reg. Mtg. July 19, 1989 Page 3 314 NEW BUSINESS 12b. Revised Fire Department Budqet The City Manager reported the adopted 1989/90 Fire Department budget assumed the continuation of the contract with the Ukiah Valley Protection District. He noted the loss of that contract and the revenue generated by it and coupled with a reduction in area of responsibility from 44 square miles to 4 square miles, results in the need to reduce staffing in order to offset some of that loss. He noted that reduction of 3 firefighter positions (18 to 15) results in a savings of $119,000. He noted that a clerical change of sharing the Fire Department Secretary with the Secretarial Pool is in effect on a trial basis until Budget Hearings, upon which a recommendation will be brought before Council at that time. Discussion ensued regarding shifting fund accounts and temporarily filling the Engineering Tech position with the lowest seniority firefighter until a vacancy occurs in a firefighter position. Councilmember Wa~tenburger stated he wants to see the one firefighter remain until attrition occurs as we need to keep staffing levels up due to growth, and not decrease levels. He commented that there is a tremendous amount of paperwork associated with fire operations and would be an injustice for fire personnel to do paperwork and feels the Fire Department Secretary should remain. He stated he is opposed to this report as the moral responsibility to provide adequate fire support outweighs the fiscal responsibility. He commented he would like to see the City Manager pursue the subject of a consolidated fire district and research eliminating the problem of medical and rescue aid area. He expressed concern regarding a possible rate increase of insurance premiums due to a possible reduction of ratings due to lower staffing levels. The Fire Chief reported that the protection levels have changed due to less area to cover, therefore 35% less emergency responses and less equipment to maintain, and noted a future automatic aid agreement will provide an adequate level of fire protection, maybe not as before, but in rare situations mutual aid can be used. Discussion ensued regarding ISO ratings, seasonal personnel, salaries, volunteers, funding, and 911 call screening. Mark Hilliker, 618 Grove, Firefighter Association representative stated they have been on the edge of effectiveness with 2 vacancies of firefighter positions, noting that untrained temporary personnel creates a loss of effectiveness. He stated that a 1 or 2 man front is not enough for an internal attack and the 10 minute response of assistance could not be enough. He commented that this reduction in force outcome will rest on the Council shoulders. He noted the daytime population of Ukiah could be as high as 10,000 more than the population figure. Mayor Henderson commented that change is difficult and the Council tries to look at the good for the whole City. She noted that the Fire Chief and the City Manager recommendations state this can work. M/Wattenburger through some type of financing to be investigated by City Staff, he would like to see new funding be provided that would provide for the continued fire department staffing of 18 personnel and the continues position of the Fire Department Secretary in the fire department. Reg. Mtg. July 19, 1989 Page 4 315 S/Schneiter for discussion only. Discussion ensued regarding possible potential funding. Councilmember Wattenburger offered to amend his previous motion to split into two motions of 1.Maintain the level of personnel in the fire department, and 2. Have staff initiate a ongoing source of funds to be directed to the fire department for personnel. Councilmember Schneiter requested Councilmember Wattenburger to withdraw his motion to allow the Council to direct staff to look at other fiscal funding alternatives. The motion was denied by the following roll call vote: AYES: Councilmember Wattenburger. NOES: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson. M/S Hickey/Shoemaker to approve the Staff recommendation of a reduction in force of three Firefighter/Engineer positions in the Fire Department, of which two are now vacant and one would require a transfer of a Fire Department employee to another City position or possible layoff and directed the City Manager to investigate the possibility of a valley wide fire protection organization. The motion was carried by the following roll call vote: AYES: Councilmember Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: Councilmember Wattenburger. RECESS 8:35 p.m. RECONVENE 8:46 p.m. 12c. Adoption of Resolution establishing Speed Zones for Various Streets. Councilmember Shoemaker questioned the enforcement of speeding with radar and posting of speed limit signs. He noted the need for signs near busy intersections. M/S Shoemaker/Schneiter adopted Resolution No. 90-6 Establishing Speed Zones. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. 12d. Notice of Completion-Construction of Airport Hanqars ant Site Improvements. Councilmember Wattenburger questioned hangar rental subsidizing and requested that fuel sales makeup be explained to the Airport Commission. The Public Works Director reviewed the history of hangar rentals and explained the funding of them. M/S Wattenburger/Hickey accepted the work as completed for the Construction of Hangars and Site Improvements for Specification No. 88-04A and directed the City Clerk to file the Notice of Completion. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. 12e. Re_~uest to Demolish buildinq at 460 N. Oak St. Councilmember Shoemaker excused himself from the meeting due to a possible conflict of interest at 8:55 p.m. Myrna Oglesby, Attorney for the applicant Maggie Apfel, discussed the history of historical building review in Ukiah, and provided letters from a local contractor and an architect regarding the condition of this structure before and after the recent fire, and also provided pictures. She stated that the Reg. Mtg. July 19, 1989 Page 5 317 The City Manager reported that the upcoming budget will include televising of the Council meetings and broadcast of "Ukiah Viewpoint". He also noted the City Manager search firms brochure regarding Ukiah will arrive next week. CLOSED SESSION The acting City Attorney recommended that Council go into Closed Session under the Pending/Threatened Litigation exception to the Brown Act, Section 54956.9, for discussion of potential litigation, meet and confer, and a personnel matter. It was the general consensus of Council to recess to Redevelopment, then after the adjournment of Redevelopment, adjourn to Closed Session. RECESS to Redevelopment-9:36 RECONVENED-9-40 p.m. Council went into Closed Session at 9:40 p.m. Council reconvened at 11:29 p.m. ADJOURNMENT There being no further business, the meeting was adjourned to July 31, 1989 at 8:30 a.m. in the Council Chambers at the Civic Center for Budget Hearings. CCMIN.5 Cath~ 7Kay, C~ Clerk Reg. Mtg. July 19, 1989 Page 7