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HomeMy WebLinkAboutMin 04-05-89258 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - APRIL 5, 1989 The City Council convened in a regular session at 6:34 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 Manager Payne, City Attorney Rapport, Community Development/Assistant Executive Redevelopment Director Harris, City Engineer/Public Works Director Pedroncelli, Finance Director Vara, Assistant to the City Manager Horsley, 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 Mayor Henderson made corrections to the City Council Minutes of the Regular Meeting of March 15, 1989, as follows: Page 2, second line, add "Hickey" after "Schneiter"; Page 5, Item 8e, second paragraph, add the roll call vote. Councilmember Hickey made a correction to the City Council Minutes of the Regular Meeting of March 15, 1989 on Page 8, Item llb, last line, add "not" after the word "does." M/S Hickey/Henderson approved the City Council Minutes of the Regular Meeting of March 15, 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 APPEAL DECISION Mayor Henderson reviewed Sections 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR Councilmember Hickey pulled Item 6d. It then became New Business, Item lOg. M/S Schneiter/Shoemaker approved the Consent Calendar Items 6a, 6b, 6c, 6e, 6f, 6g, 6h, and 6i, as follows: 6a. Approved the Payroll Warrants of April 5, 1989, f~25401 to ~25548, in the amount of $97,932.58. 6b. Approved the General Warrants of April 5, 1989, f~40663 to f~40864, in the amount of $669,469.06. 6c. Awarded the bid for a Walk Behind Vibratory Roller to Edward R. Bacon Company, in the amount of $6,712.98, including sales tax. 6e. Authorized the City Manager to execute the Lease Agreement with Norman and Arlene Hughey at 1131 Maple Avenue, Ukiah. 6f. Authorized the City Manager to execute Lease Agreement with Rusty Bowl BMX. 6g. Approved the update of the City of Ukiah's Affirmative Action Plan. 6h. Authorized the Mayor and City Clerk to execute the Award of Grant Agreement for the Carousel Industrial Park sewer project. 6i. Approved the Report of Administration Actions and Proposals (R.A.A.P.). COMMENTS FROM AUDIENCE Ted Feibusch, 240 South Highland, complimented Council on the discharge of the current City Manager and requested Council review and revise Code Section 106, stating that the appointment of Department Heads should be approved by Council before hiring by the City Manager. Alice Langton, Chairman of the Parks and Recreation Commission, requested help regarding conduct of public meetings, requested copies of the Brown Act and copies of the Robert's Rules of Order. Ken Cox, 794 Maple Avenue, referred to the Agenda item regarding Zoning Code Amendment 89-55. 259 Mayor Henderson informed Mr. Cox that this item is scheduled for a public hearing starting at 7:00 p.m. and he may comment at that time. UNFINISHED BUSINESS 9a. Additional report on exterior lighting - Civic Center The City Manager reported that upon review of the exterior lighting around the Civic Center, the exterior lights are strictly security and safety lighting and should be maintained for that purpose excepting four high-pressure sodium lights that light the towers on the front of the building that could be controlled on a time clock with a switch. Installation of the time clock is estimated to cost approximately $500.00, including labor. This would result in a 70 kw hour, or $7.00 per month savings, and would require six years to pay for the installation of the time clock from the energy savings. The Electric Director was not available to answer questions. Councilmember Shoemaker thanked staff for a good report, and feels the installation of this clock would be appropriate. Councilmember Wattenburger feels the 150 watt lights that are floods on the east and west sides of the building are the biggest users of electricity and wanted these lights addressed. Mayor Henderson stated the Electric Department is a well-run department and that the staff time involved for these reports has resulted in considerable time and expense and she feels the report is adequate. It was the general consensus of Council to accept this report. NEW BUSINESS lOa. Discussion of 1989/90 Budget Schedule Council reviewed their calendars and decided to set 1989/90 Budget Hearings for June 20 and 21, 1989, starting at 8:30 a.m. 10b. Authorize City Attorney to take legal action to abate sign violation at 976 North State Street The City Attorney reported on the events and actions regarding non-conforming signage located at GI Joe's Army and Navy Surplus Store located at 976 North State Street. He noted it is a routine matter to bring this item before Council for approval before filing legal action as prescribed in his contract. M/S Schneiter/Shoemaker authorized the City Attorney to take legal action regarding the sign violation at 976 North State Street. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. PUBLIC HEARINGS - 7:00 P.M. (CONTINUED FROM MARCH 15, 1989) 8a. Zoning Code Amendment 89-55, Off-Street Parking and Loading Regulations - Introduction of Ordinance The Planning Director reported that the Planning Commission has reviewed the City's parking and loading requirements and reviewed the wording in portions of the Code and noted the recommendations by the Planning Commission affects garage conversions and the stall length of parking spaces with clarification of wording throughout the Code. Ken Cox, 794 Maple Avenue, expressed concern with covered parking requiring two spaces per residence, noting that small homes and small lots should be able to have one covered parking space as he feels this is adequate. He stated two parking spaces for smaller homes and lots would be excessive. Public Hearing Closed - 7:10 p.m. - 2 - 260 Discussion ensued regarding front setbacks, square footage parking for nurseries and landscaping businesses, garage conversions, and Planning Commission philosophy. Councilmember Shoemaker stated he will not support the length of parking stalls being shortened and feels the two car garage idea is a good item for discussion. He expressed concern with the number of parking spaces for plant nurseries. Discussion ensued pertaining to covered parking space requirements. It was the general consensus of Council to discuss this item at the joint Planning Commission/City Council discussion on April 26. It was the general consensus of Council to continue this public hearing to the regularly scheduled Council meeting on May 3, 1989. 8b. Adoption of Resolution - Use Permit Application No. 81-39(c), Redwood Business Park, to Amend Use Permit No. 81-39 in Airport Industrial Park The Planning Director reported on changes in Use Permit 81-39 as approved by the Planning Commission. Discussion ensued pertaining to Planning Commission's recommendations and staff recommendations going to the City Council. The Planning Director noted resolutions are always prepared by staff and have always contained staff recommendations along with Planning Commission recommendations. Councilmember Wattenburger stated he wishes separate Resolutions. Mayor Henderson expressed concern. She does not wish to make an issue of this item tonight and requested resolutions presented to Council be prepared separately with staff recommendations and Planning Commission recommendations. Public Hearing Opened - 7:54 p.m. Frank McMichael, 1023 W. Perkins Street, Chairman of the Planning Commission, expressed concern that the Planning Commission takes considerable time to develop recommendations for Council and feels staff recommendations overrule them. Gary Akerstrom, Redwood Business Park, 425 Talmage Road, expressed concern in having to make two separate presentations, one to the Planning Commission and one before Council, as it costs him a considerable amount of time and money. He proceeded to provide Council a presentation of maps with overlays and a copy of the Resolution prepared by staff with added recommendations of his O~rn. Council reviewed Gary Akerstrom's request and asked questions during his presentation. Public Hearing Closed - 8:20 p.m. M/S Shoemaker/Schneiter to allow, as in the original plan, driveways with a minimum of 100 foot. The motion was carried with a unanimous voice vote of all Aye. M/S Wattenburger/Schneiter to amend the Use Permit as per recommendations of the Planning Commission regarding the landscaping under Item 5 with the inclusion of the wording at the end of sentence 5 in Item 5 "and the setback along the freeway." A verbal roll call vote of two Noes and two Ayes was disqualified as Councilmember Hickey did not an~er the call. The motion was carried with the following roll call vote: AYES: Councilmembers Wattenburger, Schneiter, Hickey NOES: Councilmember Shoemaker and Mayor Henderson. M/S Wattenburger/Schneiter to strike the word "landscape" on Page 7 of the Resolution, line 16, as the last word. The motion was carried by a unanimous voice vote of all Aye. - 3 - 261 M/S Wattenburger/Schneiter to adopt Resolution No. 89-35, as amended, approving Use Permit No. 81-39(c) and Amending Use Permit No. 81-39, Airport Industrial Park. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. Break - 8:32 p.m. Reconvene - 8:40 p.m. 8c. Amendment to Zoning Code No. 89-5, minimum lot size Agricultural Exclusive Zone i. Introduction of Ordinance The Planning Director reported that the Farm Bureau and the City have adopted Resolutions agreeing to not prezone agricultural property south of Gobbi Street and supporting no development on agricultural land unless it is annexed to the City. The City still has Agricultural Exclusive Zoning District in its code which is applicable to the previously prezoned areas north and east of the City, therefore, this change should be made in the Code and the new Ordinance is needed to implement this change. Public Hearing Opened - 8:46 p.m. No one came forward. Public Hearing Closed - 8:47 p.m. M/S Hickey/Schneiter to read Ordinance No. 885 by title only. The motion was carried with a unanimous voice vote of all AYE. The City Clerk introduced Ordinance No. 885 and read the title only. M/S Hickey/Schneiter introduced Ordinance No. 885. an Ordinance of the City Council of the City of Ukiah Amending Section 9160(e) of Division 9, Chapter 2 of the City of Ukiah Zoning Code - Minimum Lot Area of the Agricultural Exclusive District. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. 8d. Adoption of Resolution Off-Site Facilities Fees, South Orchard Avenue Drainage Area The Director of Public Works reported pursuant to State law and also to Ukiah's Ordinance No. 882, staff has prepared a study, and published the appropriate notice regarding this public hearing, noting that the City Council adopted Ordinance No. 882 in December of 1988, which allows the City Council, after appropriate public hearings on matters, to establish off-site improvement fees. He reported these proposed ~rainage improvements will be located within the South Orchard Avenue right-of-way commencing generally in the vicinity of East Gobbi Street and proceeding north to approximately the DMV/CHP office building location. The improvements will also include catch basins, inlets, and connections to other smaller existing storm drains to facilitate and improve drainage environment, consistent with City standards. Councilmember Hickey expressed concern regarding the fees increasing the square footage cost to developers and feels assessment after the building's construction is more appropriate than assessment before construction. Public Hearing Opened - 8:58 p.m. No one came forward. Public Hearing Closed - 8:59 p.m. M/S Schneiter/Henderson adopted Resolution No. 89-36, a Resolution of the City Council of the City of Ukiah Establishing South Orchard Avenue Storm Drain Improvement Fee Within 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. -4- 262 NEW BUSINESS (Con't.) 10c. Authorize City Attorney to take legal action to recover overpayment of overtime - Firefighters and Engineers - The City Attorney recommended Council discuss this issue in Closed Session in addition to discussion in the public forum, before Council takes any action. Discussion ensued pertaining to contact, formal and informal, with the firefighters and staff regarding overpayment options and payback requests. The Assistant to the City Manager reported that no answer from the firefighters has been received as of the last letter sent to them from the City. Mark Hilliker, 300 Seminary Avenue, Firefighter and spokesperson, expressed concern regarding the amount of overpayments and their questions not being answered by staff and noted that payroll records for two years are currently being reviewed by a Department of Labor Investigator who indicated it could take three months to a year for the Department of Labor's determination of whether the overpayments are correct or in error. The group, he noted, does not wish to enter into litigation as it reflects badly upon the City. Discussion ensued as to why the firefighter group has not responded to the letter from the City one month ago. Mark Hilliker noted he cannot speak for individuals or the group without a meeting but is willing to go back to the group for discussions of possible settlement. Councilmember Shoemaker expressed concern indicating he wants a fair and reasonable solution. ~ Mark Hilliker noted that all the firefighters want is the correct figures as none of them can calculate it. Councilmember Schneiter questioned him if these figures reflect an overpayment, do the firefighters feel it is appropriate to pay them back. Mark Hilliker answered yes. M/S Shoemaker/Schneiter to go into Closed Session to discuss possible litigation regarding firefighters overpayment of overtime. The motion was carried by the following roll call vote: AYES: Councilmember Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. Council went into Closed Session at 9:18 p.m. Council reconvened at 9:44 p.m. The City Attorney reviewed the procedures and actions with time and money involved in filing legal action against the firefighters. Mayor Henderson stated she feels the City has bent over backwards and has tried to help resolve this issue and feels there are fair options available for repayment by the firefighters. She indicated she wants to proceed with legal action. Councilmember Schneiter stated the three option plans to the firefighters are reasonable and result with no penalties and that he has reviewed the documents and feels they are straight forward. M/S Hickey/Schneiter to proceed and authorized the City Attorney to take legal action to recover overpayment of overtime from firefighters and engineers. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. ABSTAIN: Councilmember Wattenburger. - 5 - 263 10d. Matter of City Manager Vacancy - Henderson i. Interim City Manager Mayor Henderson noted the need after April 30, 1989 for an interim City Manager for approximately four to six months. She noted the options of assigning department heads with supplementation by consultants or hiring a professional City Manager from outside, noting that the League of California Cities has a special service of interim City Managers for cities in need of temporary services. The City Manager reported he feels the Public Service Skills, Inc., which is a non-profit section of the League of California Cities will offer the smoothest transition for the City of Ukiah. He noted in four years this organization has placed 400 people as interim City Managers. He reviewed the process that this agency goes through for hiring and placing interim City Managers. M/S Schneiter/Wattenburger to proceed with Public Service Skills, Inc. for hiring the interim City Manager for the City of Ukiah. The motion was carried with a unanimous voice vote of all Aye. ii. Procedure for Recruitment for Permanent Position - Henderson The City Manager reported that an organization the size of Ukiah with an $18 million dollar operation and the limited time available of Council, he recommended hiring a search firm with the full participation of Council, noting the need of a separate firm to promote Ukiah and recruit the appropriate people. He reviewed the process of these professional firms' search abilities and costs with Council. Discussion ensued pertaining to costs, time involved, and interviewing the firms. M/S Schneiter/Hickey directed the City Manager to identify a number of search firms that Council can interview to make a decision. The motion was carried by a unanimous voice vote of all Aye. It was the general consensus of Council to meet on April 17, 1989 and schedule three interviews starting at 10:00 a.m., 11:00 a.m. and 1:00 p.m. 10e. Report on visitors from the City of Nichinan-cho, Japan - Henderson Mayor Henderson reported on March 28, two representatives from the City of Nichinan-cho arrived in Ukiah at the Civic Center at 1:00 p.m. She and Councilmember Schneiter gave them a tour of the Civic Center, the Sun House Museum, and drove them around Ukiah observing the Ukiah High School, Ukiah Cemetary, and the westside neighborhoods. They proceeded to Mendocino Vineyards for a winery tour with cheese and wine tasting and noted the tour lasted until 6:00 p.m. They stayed overnight at the Sanford House Bed and Breakfast Inn on Pine Street and noted that they expressed interest in attending the Senior Citizen's Bingo that evening. Councilmember Schneiter stated the video of the Japanese city was very interesting and reported that the Japanese asked very good questions and they expressed interest in a youth and possible adult exchange program between the Cities. Mayor Henderson noted that they will go back to their City in Japan and report to their Mayor and Council of 17 for a choice to be made regarding the four subject Cities in June. 10f. Sun House Video - Shoemaker Councilmember Shoemaker explained he will show the Sun House Video at the next meeting due to the length of tonight's meeting. 10g. Authorize City Manager to Execute Contract - Design of FAU Project - S. State Street Widening and Signals Councilmember Hickey requested explanation regarding review of the proposals chart. - 6- 264 The Public Works Director explained to Council, his review of proposals as to their qualifications, FAU experience, project analysis, exceptions to the request for proposal, unit labor cost, and estimated total manpower and available personnel. He noted that this review is subjective judgement analysis by himself and the Assistant Director of Public Works. Discussion ensued pertaining to time, starting dates, testing requirements and some ambiguity in items in the proposal. M/S Schneiter/Wattenburger desired two separate Requests for Proposals, one for the engineering aspect and one for the testing. Discussion ensued as to why separate the proposals. Councilmember Schneiter withdrew his motion. Councilmember Wattenburger, maker of the second, agreed. M/S Schneiter/Wattenburger accepted the bid of* Carlenzoli & Associates for South State Street improvements and signalization between the Airport entrance and Talmage Road in the amount of $79,785.00. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Schneiter, and Mayor Henderson. NOES: Councilmembers Shoemaker and Hickey. CITY COUNCIL REPORTS Councilmember Wattenburger Noted that he will not be in attendance at the April 19th Council meeting. Councilmember Shoemaker Reported on the recycling conference in Yosemite and noted that Ukiah is fortunate to have a private entity to take on recycling here within the City of Ukiah. Councilmember Schneiter Reported on LAFCO's meeting Monday, April 3, 1989. Councilmember Hickey None. Mayor Henderson Reported at the Regional Water Quality Control Board has renewed Ukiah's permit for five years, she noted the desire to set the date for the City Employee's/Council picnic on August 27, 1989, Council agreed, reported on the Sanitation District Board meeting and requested Council to forward Agenda item ideas for the joint Planning Commission/Council meeting scheduled for April 26 to her by April 19. CLOSED SESSION: The City Attorney recommended that Council go into closed session under the pending/threatened litigation exception to the Brown Act, Section 54956.9, Subsection B, to discuss negotiations for property exchange regarding the Golf Course. The City Attorney noted that a motion is not needed for this action as announcing it publicly is sufficient and appropriate. Break to Redevelopment - 11:07 p.m. Reconvene - 11:43 p.m. Council went into closed session at 11:44 p.m. Council reconvened at midnight. - 7 - 265 ADJOURNMENT: There being no further business, the meeting was adjourned at 12:01 a.m. to April 17, 1989, 10:00 a.m., for interviews with search firms for the City Manager position. Ca~f~y-J~K~, ' C i tY ~e rk -8 -