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HomeMy WebLinkAboutMin 05-03-89278 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - MAY 3, 1989 The City Council convened in a regular session at 6:33 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. Absent: None. Staff present: Acting City Manager Horsley, City Attorney Rapport, Community Development Director Harris, Public Works Director/City Engineer Pedroncelli, Finance Director Vara and City Clerk McKay. INVOCATION/PLEDGE OF ALLEGIANCE Mayor Henderson delivered the Invocation and Councilmember Schneiter led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES - April 17, 1989 M/S Schneiter/Wattenburger approved the City Council Minutes of the Regular Adjourned Meeting of April 17, 1989, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. ABSENT: None. APPROVAL/CORRECTION OF MINUTES - April 19, 1989 M/S Schneiter/Hickey approved the City Council Minutes of the Regular Meeting of April 19, 1989, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. ABSENT: None. RIGHT TO APPEAL Mayor Henderson reviewed Sections 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR Councilmember Schneiter pulled Item 6h, Withdrawal of Prezone Application 88-100, prezoning Gobbi to Talmage. It then became Item llc under New Business. M/S Hickey/Schneiter to approve the Consent Calendar Items 6a to 6g, and 6i as follows: 6a. Approved the Payroll Warrants of May 3, 1989, #25697 to #25843, in the amount of $100,829.01. 6b. Approved the General Warrants of May 3, 1989, #41031 to #41162, in the amount of $622,172.08. 6c. Denied the following claims for damages and referred to the Insurance Carrier: i. Gordon Bushby ii. Robert Rackett iii. Christine Tabor 6d. Adopted Ordinance No. 886, adding Section 2051, governing interest on City Utility Bills, Chapter 13, Division 1, of the Ukiah City Code. 6e. Adopted Ordinance No. 887, amending Chapter 5, Entitled Utility Deposits of Division 4, Entitled Utilities of the Ukiah City Code. 6f. Adopted Resolution No. 89-39, setting June 7, 1989 for public hearing regarding 1989 Weed Abatement. 6g. Granted request from Ukiah Men's Golf Club for waiver of fees allowing practice rounds for the Ukiah Invitational Tournament. 6i. Approved the report of the Administration Actions and Proposals (RAAP). The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None The City Attorney reported the need to add an agenda item to this meeting regarding the proposed Interim City Manager's Contract of Appointment of Richard E. Watson to the position. He reported that Brown Act allows addition 279 of an item to the agenda by four-fifths vote of the Council if the need arose after the preparation of the agenda, and that the item can't wait until the next regular Council Meeting, and noted this subject applies. M/S Schneiter/Hickey to add "Resolution authorizing Mayor to sign agreement with Richard E. Watson, and Agreement to provide Interim City Manager services to the City of Ukiah" to this agenda under New Business Item lld. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. COMMENTS FROM AUDIENCE Lynn Kirch, 400 Empire Drive, reported to Council that the BMX Club of Ukiah cannot find available insurance meeting City requirements, and that if there is such a company that would take them they may not be able to afford the coverage. Discussion ensued regarding Legislation AB555. The City Attorney stated that this legislation is an amendment to the Tort Claims Act providing limited liability for known hazardous recreation acts. Bill French, 117 Poulos Court, Track Director for the National Bicycle League, commented he has insurance, and can provide it tomorrow to the City. Mayor Henderson stated the City still has a viable lease with another group for this property. PETITIONS AND COMMUNICATIONS 9a. Letter from Ukiah Main Street requesting m Farmers Market in the downtown area. The Acting City Manager noted receipt of a letter from Bruce Poma, President of the Ukiah Main Street Program, requesting establishment of a Farmers Market on Thursday evenings in downtown Ukiah on School Street between Perkins and Standley Street. Toby Hamby, P.O. Box 1094, Ukiah Main Street Program Director, reported she has discussed this program with Bill Beard, the Assistant director of Public Works, and estimates the beginning date of the Farmers Market to be the first week in July and ending approximately in the fall season before the 'first frost. Sheridan Malone, 305 Hillcrest, Ukiah Main Street Program, recommended the Council adopt this program, as it would promote downtown participation in the community. Discussion ensued regarding closure of streets, permits required and times. Richard Wood, East Road, Potter Valley, Manager of the Redwood Empire Farmers Market, reported the regular Farmers Market on Tuesday and Saturday mornings will continue at the Fairgrounds site and that this is an additional Farmers Market for %hursday nights. M/S Wattenburger/Schneiter to refer the matter of Thursday evening Farmers Market on School Street to the Traffic Engineering Committee for their approval. The motion was carried by an unanimous all AYE vote. PUBLIC HEARING - 7:00 P.M. aa. Zoning Code Amendment 89-55, Off-street Parking and Loading Regulations - Introduction of Ordinance. The Director of Community Development reported that this matter was continued from Council's April 5 meeting to allow discussion with the Planning Commission regarding covered parking for single family and duplex residential properties, which was considered at the joint meeting of April 26, 1989. He noted the attached ordinance reflected the Planning Commission's actions. He also noted there are three issues which should be addressed by Council: Reg. Mtg. May 3, 1989 Page 2 28O 1. Covered spaces for single family and duplex uses 2. Parking stall length 3. Percentage of compact spaces He stated that these three items were the major issues of concern noted during the initial public hearing and at the joint meeting. Discussion ensued regarding residential use of duplexes and parking requirements per unit. PUBLIC HEARING OPENED: 7:08 P.M. No one came forward. PUBLIC HEARING CLOSED: 7:09 P.M. Discussion ensued regarding covered space necessity in multiple dwelling units. Councilmember Schneiter stated he feels the covered parking requirement for residential duplexes is excessive as it could amount to almost as much square footage as the living area. M/S Schneiter/Wattenburger requesting amendment to proposed ordinance by striking the word "covered" where necessary. The motion passed with a unanimous voice vote of all AYE. Councilmember Shoemaker stated that reducing the parking stall length in our community would be inappropriate as there exists significant amount of pick-ups and older full size cars still being used. M/S Shoemaker/Wattenburger to amend the proposed ordinance to read "19 feet," not "18 feet," for parking stall length. The motion was carried by a unanimous voice vote of all AYE. M/S Shoemaker/Schneiter to amend the proposed ordinance to read 30% required parking area required for compact spaces, not 33%. The motion was carried by a unanimous voice vote of all AYE. M/S Wattenburger/Schneiter to introduce Ordinance No. 888 by title only. Motion was carried by unanimous voice vote all AYE. The City Clerk introduced Ordinance No. 888 by title only. M/S Hickey/Wattenburger introduced Ordinance No. 888, as amended, amending Chapter 2, Division 9, Article 17, and related definition Sections of the Ukiah Municipal Code Off-Street Parking and Loading Regulations. The motion was carried by the following roll call vote. AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None 8b. Adoption of Resolution Use Permit No. 89-52, Ukiah Terrace, 32-unit apartment complex, Planned Development, George Rau. The Director of Community Development reported that the application for the subject Use Permit has been withdrawn by the applicant and requested that the Council cancel the scheduled public hearing for tonight. M/S Wattenburger/Schneiter to withdraw this item from the scheduled public hearing of tonight's agenda. Motion was carried by unanimous voice vote of all AYE. PETITIONS AND HEARINGS - Continued 9b. Letter from the American Red Cross requesting rent-free use of the old Police building or City Hall. The Acting City Manager noted receipt of letter from the American Red Cross requesting use of the old Police building or old City Hall, including Reg. Mtg. May 3, 1989 Page 3 281 utilities such as electric and water. She noted that we are currently in negotiations of selling the old City Hall. Vance Montgomery, 465 Tesconi Circle, Santa Rosa, Executive Director of the Red Cross stated that the Red Cross is a totally volunteer organization and has provided 4½ years of staff and office support to Ukiah, and noted that they are running $104,000 in the red. They are requesting help to provide office space until the City can lease, rent or sell the facilities at any time. He noted the American Red Cross can provide $1 million liability insurance per accident, and can name the City on the policy. He offered a ten to fifteen day move-out clause and noted they are also negotiating with the County of Mendocino. Discussion ensued regarding the location, cost, rent, charges and how compatible the old Police Station building may be. M/S Shoemaker/Schneiter directed staff to work out details with the Red Cross and look at all the criteria and to report back with the proposal. The motion was carried by a unanimous voice vote of AYE. UNFINISHED BUSINESS 10a. Authorize execution of contract for Consultants for City Manager hiring Hughes, Heiss and Associates. The City Attorney reported that he has negotiated a signed contract with Hughes, Heiss and Associates for a total of $15,500 noting that $12,000 of this amount is a flat fee for service, with reimbursement for actual and necessary expenses up to a maximum of $3,500. He noted the agreement will remain in effect until the new City Manager is hired, or until such other date as the City Council determines that the project has been completed. M/S Wattenburger/Schneiter to adopt Resolution No. 89-40 authorizing the Mayor to sign an agreement with Hughes, Heiss and Associates. The motion was carried by the following roll call vote. AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. 10b. Award of Bid for Landscaping Services - Civic Center. The Acting City Manager noted the Park and Recreation Director was not present and reported that three bids were received with only one of the bidders providing a State Contractors License, whose bid totalled $932 per month. She noted that the Park & Recreation crew is fully staffed now and when this item was brought to the attention of staff there was 33% temporary reduction of the crew. Discussion ensued regarding the conditions of the Civic Center and maintenance cost, such as part-time and full-time employees versus the bid received. M/S Shoemaker/Mayor Henderson to reject all bids received for the Civic Center landscaping. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. 10c. Award of bid for Landscaping Services - Sun House Grounds. The Acting City Manager noted three bids received of which only one has a State Contractor's License, whose bid totaled $698.00 per month for the Sun House/Grace Hudson Museum. Discussion ensued pertaining to maintenance versus landscaping duties at the Sun House. Councilmember Shoemaker stated that the maintenance was of prime concern and it appears to be better, but is not as good as he would like to see it since the Sun House is a showcase for the City. Reg. Mtg. May 3, 1989 Page 4 282 Discussion ensued pertaining to part-time temporary help and the amount of time and money needed for the Sun House/Grace Hudson Museum landscaping and maintenance. M/S Shoemaker/Schneiter directed staff to work'with the Sun House volunteer groups to find the needs and time required to coordinate a program with the Park crew doing the maintenance and landscaping, and report back to Council in two to four weeks. The motion was carried by a verbal roll call with the only NOE vote from Councilmember Schneiter. M/S Shoemaker/Schneiter to reject all Sun House/Grace Hudson Museum landscaping bids. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Hickey. NOES: Mayor Henderson. lOd. Authorize City Attorney to take legal action against Ukiah Unified School District to recover costs for asbestos removal. The City Attorney recommended Council to continue this item to the closed session portion stating the Brown Act provides for Council to meet in closed session to discuss possible initiation of litigation. M/S Schneiter/Wattenburger to continue this item to closed session later in the agenda. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. BREAK to Redevelopment: 7:58 P.M. RECONVENED: 8:19 P.M. NEW BUSINESS lla. Interim report from Historical Preservation Committee - Shoemaker Councilmember Shoemaker reported that he is interested in the progress of the Historical Preservation Committee, and requested that Judy Pruden, the chairman of this committee, to provide a report. Judy Pruden, Chairman of the Historical Preservation Committee, 304 So. Hortense, reported that the committee has reviewed lots of material and decided that with so many historical buildings in the area there is a need to write an ordinance, and are in the process of reviewing ordinances and are compiling a draft ordinance at this time. She noted they are half way through a model ordinance from the State of California and noted that the downtown is on hold until an historical ordinance can be developed. She noted this will help obtain funding from Grants and Bonds for historical building development. Discussion ensued regarding earthquake standard and compliance with the State Reinforcement Masonry Law and possible conflict with Redevelopment of the downtown area. The Council accepted this verbal report. llb. Discussion of emergency responses for the Sun House/Grace Hudson Museum - Shoemaker. Councilmember Shoemaker commented he requested this discussion regarding who is responsible for responding to calls at the Sun House after hours after activation of the alarm, and noted that our female Director has had to answer several calls after hours. He indicated that this is not appropriate to have her on call at all hours of the evening. The Acting City Manager reported that the Department of Parks and Recreation is first on the list of responses, with the Director being second on the list. She noted that the Parks and Recreation Director is not always available by phone, therefore, the Sun House/Grace Hudson Museum Director is called. Discussion ensued pertaining to proper response by personnel and police and removing Suzanne Abel-Vidor and Betty Fairbairn from the response list. Reg. Mtg. May 3, 1989 Page 5 283 The Acting City Manager noted that the Police can respond but will not reactivate the alarm. She reported that the recreation classes are creating most of the problems, and staff is researching the possibility of fines to these classes to refund the overtime of an employee to respond to these alarms. It was the general consensus of Council to refer this matter to staff. llc. Withdrawal of Prezone Application No. 88-100, Prezonin~ Gobbi to Talma~e. Councilmember Schneiter reported he pulled this item because he did not want it to go unnoticed as it is a major issue. M/S Schneiter/Hickey to withdraw Prezone Application No. 88-100, Prezoning Gobbi to Talmage. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Schneiter, Hickey and Mayor Henderson. NOES: Councilmember Shoemaker. ltd. Adoption of Resolution appointing Richard E. Watson as City Manager, and authorizing Mayor to execute agreement with Richard E. Watson for Interim City Manager service. The City Attorney reported he has negotiated a contract with Richard E. Watson at $30.00 per hour, not to exceed the current base salary of the City Manager, with $800 per month living allowance and allowing a City car to be used for City business. He noted the contract has a clause that states the contract can terminate at any time at will of the Council, or until a permanent City Manager has been hired. He reported the Interim City Manager's duties officially begin on May 10, 1989. M/S Schneiter/Hickey to adopt Resolution No. 89-41 appointing Richard E. Watson as Interim City Manager to 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. CITY COUNCIL REPORTS Councilmember Wattenbur~er None. Councilmember Shoemaker Councilmember Shoemaker requested more information from staff regarding an update report on Solid Waste Programs, noting it in the County Board of Supervisors April 11 minutes, Item 10d, that the County was reviewing a possible assessment for City and County residents for solid waste disposal and requested to be kept informed regarding this issue. He reported reading, in a League of California Newsletter, about a Grant program for Carnegie Libraries noting that the Mendocino Development Commission's building may qualify, he will pass this information to Bill Lindsteadt. He reported he has dug up the Redbud trees at Norm McCloud's house and will be installing them soon at the Civic Center. He commented that he feels the City should look at an all-encompassing insurance program to cover all of the City's recreation programs and requested staff to review this possibility. It was the general consensus of Council for staff to report back on possible insurance for the recreation programs. Councilmember Schneiter Councilmember Schneiter reported there has been no replacement yet for Mr. Seale of Fort Bragg, the at-large public member as the City representaive on LAFCO. He reported that the LAFCO's future schedule is very heavy with future annexations of the Carousel Sewer District and the Cox/Mayfield Property. He also reported that LAFCO is considering restructuring their administration staff, and that the ride-along program with the Police Officers has shown a lot of response to parking lot congestion with teenagers, and feels the Ukiah Police Department is doing a great job. Reg. Mtg. May 3, 1989 Page 6 284 Councilmember Hickey None. Mayor Henderson None. CLOSED SESSION The City Attorney noted Council has already previously voted to go into Closed Session to discuss initiating litigation, and noted a personnel item for discussion. The Council went into Closed Session at 9:30 p.m. Council reconvened at 10:10 p.m. City Attorney reported there was a motion by Hickey, seconded by Schneiter, to authorize the City Attorney to pursue recovery of loss of the disposing of the asbestos from Civic Center site by all means he deems appropriate including litigation if necessary. The motion was carried by a unanimous voice vote of all AYE. ADJOURNMENT There being no further business, the meeting was adjourned at 10:10 p.m. Reg. Mtg. May 3, 1989 Page 7