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HomeMy WebLinkAboutMin 03-15-89247 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - MARCH 15, 1989 The City Council convened in a regular session at 6:30 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, Electric Director Roper, Assistant to the City Manager Horsley, Administrative Secretary to the City Manager Stamelos, and City Clerk McKay. INVOCATION/PLEDGE OF ALLEGIANCE Councilmember Hickey delivered the Invocation and Mayor Henderson led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES Mayor Henderson made corrections to the City Council Minutes of the Regular Meeting of February 15, 1989, as follows: Page 1, 6th paragraph, 4th line, add an "s"_ on to the word NOE; Page 2, Add "7e. Awarded bid for three compact size pick-up trucks to Ukiah Nissan, in the amount of $24,518.00," between 7d and 7f; Page 6, 4th paragraph, 7th sentence, omit "To" and add "not". Councilmember Hickey made a correction to the City Council Minutes of the Regular Meeting of February 15, 1989, on Page 6, 5th paragraph, 7th sentence, change "non-forming" to "non-conforming". M/S Hickey/Wattenburger approved the City Council Minutes of the Regular Meeting of February 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. M/S Shoemaker/Hickey approved the City Council Minutes of the Regular Adjourned Meeting of February 25, 1989, as submitted. 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 DECISION Mayor Henderson reviewed Sections 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR M/S Wattenburger/Schneiter approved the Consent Calendar Items 6a, 6b, 6c, 6d, 6e, and 6f, as follows: 6a. i. Approved the Payroll Warrants of March 1, 1989, #25112 to #25255, in the amount of $95,065.01. Approved the General Warrants of March 1, 1989, #40377 to #40500, in the amount of $619,687.15. ii. Approved the Payroll Warrants of March 15, 1989, #25256 to #25400, in the amount of $98,825.62. Approved the General Warrants of March 15, 1989, #40501 to #40662, in the amount of $266,763.97. 6b. Denied the Claim for Damages from Shawn Michael Bashow, and Referred to the Insurance Carrier. 6c. Awarded bid for a portable diesel air compressor to Edward R. Bacon Company, in the amount of $9,447.22. 6d. Awarded the bid for a Utility Vehicle for the Golf Course to Motorsports of Ukiah, in the amount of $6,886.22. 6e. Adopted Ordinance No. 884, Establishing Interest Charges on Delinquent Payments. 6f. Approved the Report of Administrative Actions and Proposals (R.A.A.P.). 248 The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. COMMENTS FROM AUDIENCE Janet Hall, 4301 No. State Street, of B&J Recycling read a letter that she submitted to Council requesting a reconsideration of B&J Recycling for the recycling of City Hall paper products, stating her company has more experience and expertise in this area than Ukiah Solid Waste, who is a garbage service. PETITIONS AND COMMUNICATIONS 9a. Letter regarding restroom facilities at 628 So. State Street - Lisa Reveles. The City Manager noted the ordinance referred to in this letter is a County Ordinance and that the City has no ordinance pertaining to public bathrooms in restaurants. Lisa Reveles, 1149 No. Oak Street, stated it creates inconvenience and health jeopardy if a restaurant, regardless of size, has no bathrooms for its customers, and this issue needs resolving. The City Attorney explained the City contracts with the County Health Department and they should be enforcing this issue. Lisa Reveles stated that the County Health Department referred her to the City. Discussion ensued pertaining to State laws, Health and Safety Codes, and restaurant plan check requirements. Mayor Henderson and Councilmembers expressed concern regarding restaurants not providing bathroom facilities. M/S Shoemaker/Wattenburger referred to the Planning Commission to research an ordinance for restaurants to provide restroom facilities. The motion was carried with a unanimous voice vote of all AYE. Councilmember Schneiter requested staff to write a short communication to the County Health Department regarding this issue. 9b. Letter regardin$ scheduling athletic facilities at Ukiah High School - Ukiah Unified School District. The City Manager reported on a letter received from A1 Snarski and Diane Brunemeyer, Ukiah High School Athletic Directors, requesting that the City Recreation Department become the responsible agency for the supervision of reserving the athletic facilities at the Ukiah High School. Discussion ensued regarding what guidelines and other organizations are involved in this process. M/S Schneiter/Hickey requested staff to write a letter to Dr. DeMartini for clarification. The motion was carried by a unanimous voice vote of all AYE. 9c. Letter requesting ongoing formal discussion on various City/County items - Board of Supervisors. The City Manager reported on a letter received from Albert Beltrami, County Administrative Officer, requesting ongoing formal committee discussions between the County and the City regarding land exchanges and other issues of concern between the two entities. He noted informal discussions have been occurring for the last 1½ years and feels they are requesting formalization of the process. It was the general consensus of Council to continue the ongoing committees. UNFINISHED BUSINESS Reg. Mtg. March 15, 1989 Page 2 249 10a. Staff Report on Skateboard Facility. The Parks, Recreation and Cultural Parks Director reported on the positive and negative aspects of possible future skateboard facility locations at Low Gap Park, Ukiah High School, City property west of the Sheriff's parking lot, the Old Police Station, the Old Sewer Plant and City Parks. Mayor Henderson asked which site the Parks and Recreation Commission favored. The Parks and Recreation Director answered after lengthy discussion, the Commission felt the Low Gap Park site is best suited, although it is a County Park. Mayor Henderson stated there is no insurance available from the City's self insured group with 13 other cities. Mayor Henderson requested to see the Boy Scout Explorers insurance policy that has been referred to previously, and indicated she will not jeopardize the City if the skateboarder's insurance is not fully adequate. Councilmember Shoemaker noted the insurance requirements should be the same as for the Men's Softball Association and the BMX Association where insurance is secured through other organizations, and lease requirements should clearly state that. He commented after serious review, he feels the Low Gap Park possibility is the most reasonable. M/S Shoemaker/Schneiter requested the City Manager contact the County Administrator regarding location of a skateboard facility at Low Gap Park. The motion was carried by a unanimous voice vote of all AYE. PUBLIC HEARINGS - 7:00 p.m. 8a. Appeal of Planning Commission's Conditions of Approval of Use Permit 89-44, 187 East Gobbi Street - Redding. The Community Development Director reported on Conditions 11, 13 and 27 that the Planning Commission determined appropriate for Use Permit 89-44, at their meeting of January 25, 1988. PUBLIC HEARING OPENED - 7:12 p.m. Sherell Simmons, Pacific Heartland Realty, stated he is representing the appellant Steve Redding and provided and reviewed with Council copies of pictures of ingress and egress near railroad tracks within the City and commented that there is no proof that the easterly proposed driveway is a detriment to traffic and safety and requested this driveway be left in as they need it for large trucks. Mayor Henderson questioned the three conditions appealed. Sherell Simmons stated their major concern is the driveway but would like to just oil the gravel storage area instead of paving and agreed to install a right turn only sign. Discussion ensued pertaining to the gravel area. PUBLIC HEARING CLOSED - 7:21 p.m. Councilmember Wattenburger stated a single driveway with separate entrance and exits would allow easier access by large rental trucks with inexperienced drivers. Councilmember Schneiter stated two driveways would allow faster ingress and egress, thus not slowing traffic on Gobbi Street. M/S Schneiter/Wattenburger to grant the appeal of the Planning Commission's conditions with the existing condition 13 and 27, but a change in Condition 11 stating the existing driveway on the east side of the driveway, be allowed to exist, but adequate and definitive signage to occur on the eastern and western Reg. Mtg. March 15, 1989 Page 3 25O driveways, stating "entrance" on the western and "exit" on the eastern driveway. The City Attorney requested an amendment to the motion omitting the term "adequate signage" and adding instead "signage to the approval of the Planning Department." The makers of the motion and the second agreed to the amendment. The motion was carried by the following roll call vote: AYES: Councilmember Wattenburger, Schneiter, and Hickey. NOES: Councilmember Shoemaker and Mayor Henderson. 8b. Use Permit Application No. 89-46, to modify Sierra Sunset Planned Development - Les Ryan. i. Adoption of Resolution The Community Development Director explained the modification of the Sierra Sunset Planned Development Use Permit from 77 apartment units to 27 single family residential units for 3.75 acres located on the south side of Capps Lane. He noted the lower density will decrease the impact on schools and traffic in the area. Discussion ensued pertaining to cul-de-sac parking criteria. PUBLIC HEARING OPEN - 7:41 p.m. Howard Bashford, 308 So. School St., stated he engineered this subdivision and his design incorporated the maximum amount of parking that is feasible, and noted these are three bedroom homes. Ray Hansen, California Homes, stated there is a demand for single family homes in this area and they have a waiting list of buyers. PUBLIC HEARING CLOSED - 7:46 p.m. M/S Hickey/Wattenburger to adopt Resolution No. 89-29 approving Use Permit No. 89-46, Sierra Sunset Village and amending Sierra Sunset Planned Development. The City Attorney requested an amendment to the motion by adding a sentence to Resolution No. 89-29, Page 2, line 11, after "developments.", add "However, the City Council has not reconsidered and makes no new decision with respect to those portions of the previous use permits which are unchanged by these amendments." The makers of the motion and second agreed to amend the motion to include the stated sentence in Resolution No. 89-29. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. 8c. Subdivision Application 89-47, Sierra Sunset Village - Les Ryan i. Adoption of Resolution. The Community Development Director stated this Tentative Subdivision map creates the parcels just approved by the Use Permit. PUBLIC HEARING OPENED - 8:51 p.m. No one came forward. PUBLIC HEARING CLOSED - 8:25 p.m. M/S Hickey/Wattenburger to adopt Resolution No. 89-30, approving Tentative Subdivision Map No. 89-47, Sierra Sunset Village. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. 8d. Zoning Code Amendment 89-55, Off Street Parking and Loading Regulations Reg. Mtg. March 15, 1989 Page 4 251 i. Introduction of Ordinance. The Community Development Director reported upon Review by the Planning Commission regarding off street parking and loading regulations, the Commission has made recommendations of changes pertaining to length, covered parking, compact space requirements, day care parking requirements plus other wording clarifications. He noted the Ordinance will be prepared after Council reviews the changes and makes recommendations. It was the general consensus of Council to open the Public Hearing and continue until next meeting to allow Council time for review. PUBLIC HEARING OPENED - 8:01 p.m. No one came forward. M/S Shoemaker/Wattenburger to continue this Public Hearing to April 5, 1989. The motion was carried by a unanimous voice vote of all AYE. 8e. Use Permit Application No. 81-39(c), Redwood Business Park, to Amend Use Permit No. 81-39 - Airport Industrial Park. The Community Development Director recommended continuing this item until April 5, 1989, due to Planning Commission's continuation of their review of this matter. M/S Schneiter/Hickey to not open this Public Hearing at this time as the Planning Commission has not finished with this matter, and to continue this item until April 5, 1989. The motion was carried by a unanimous voice vote of all AYE. Councilmember Shoemaker asked the City Attorney if other Public Hearing items could be continued to a future meeting without renoticing. The City Attorney advised that yes, an item that is formally noticed as a Public Hearing, the Council can continue the matter, without opening the Public Hearing and renoticing. 8f. Amendment to Zoning Code No. 89-5, minimum lot size, Agricultural Exclusive Zone. i. Introductions of Ordinance. Councilmember Shoemaker requested continuation until April 5, 1989. Mayor Henderson asked the audience if anyone in attendance is interested in this item, and no one came forward. The Community Development Director noted the Planning Commission is holding up the Prezone issue to see how this matter is addressed by Council, but is not critical at this time. M/S Shoemaker/Hickey to continue this item to April 5, 1989. The motion carried by a unanimous voice vote of all AYE. 82. Electric Rate Adjustment. The Electric Director reported an increase in power cost of $200,000 by the end of the year due to decline of power generation at the steam fields which has increased the cost of power and provided less energy to purchase, also entering the third year of drought conditions has caused low flows at the Lake Mendocino Hydro power plant causing less power generation and reported the budgeted costs of operations are up. He noted the recommended increase is now 10% below PG&E's base rates with only passing on the fuel costs to the consumers, instead of the previous 5-6% below, and passing on the fuel costs. Discussion ensued pertaining to power generation, lifeline amount changes, and Public Utilities Commission's allowed increases. Councilmember Schneiter indicated he would like a chart of some easier way to show the public how rate changes would affect them. Reg. Mtg. March 15, 1989 Page 5 252 The Electric Director stated it would be impossible to show all the variables on a chart. PUBLIC HEARING OPENED - 8:32 p.m. David Goldberg, 140 Thompson, stated with so many variables when rates are raised, there should be a list for people to interpret and feels that the April 1, 1989 date is too soon for enactment of this increase. PUBLIC HEARING CLOSED - 8:34 p.m. Councilmember Schneiter stated if we purchase power at a fixed rate feels we can make our own rate adjustments, instead of following PG&E rate adjustments. M/S Hickey/Shoemaker to adopt Resolution No. 89-31, revising residential and commercial rate schedules. The motion was carried by the following roll call vote: AYES: Councilmember Shoemaker, Hickey and Mayor Henderson. NOES: Councilmember Wattenburger and Schneiter. M/S Hickey/Shoemaker to set a Council policy of a 10% discount below PG&E's base rate and pass on the fuel costs. The motion was carried by the following roll call vote: AYES: Councilmember Wattenburger, Shoemaker, Hickey and Mayor Henderson. NOES: Councilmember Schneiter. Councilmember Shoemaker requested that at the next rate change a better schedule be provided the public, to allow easier determination of effects on individual customers. 8h. Adoption of Resolution - Off-Site Facility Fees - South Orchard Drainage Area. M/S Shoemaker/Schneiter to postpone this matter until April 5, 1989. The motion was carried by a unanimous voice vote of all AYE. RECESS - 8:41 p.m. RECONVENE - 8:50 p.m. UNFINISHED BUSINESS (Cont.) 10b. Adoption of Resolution Establishing Interest Charges per Ordinance No. 884. M/S Schneiter/Henderson adopted Resolution No. 89-32, establishing interest rate on past due debts owed 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. 10c. Matter of Ukiah Valley Fire Protection District. The City Manager noted there has not been any communication received at this time, from the Ukiah Valley Fire Protection District. M/S Shoemaker/Schneiter to continue this matter until after Closed Session. The motion was carried by a unanimous voice vote of all AYE. Councilmember Shoemaker requested item llc be taken next, then item llk, then back to regular scheduled agenda. The general consensus of Council agreed to this request. llc. Appointment of Building Code Appeals Board. The City Manager stated staff has provided a list of people who have served on past Building. Code Appeals Boards and noted this Board is appointed by Council, therefore staff has not contacted these people. M/S Shoemaker/Schneiter to appoint the five people listed in the staff report. Discussion ensued pertaining to which five people. Reg. Mtg. March 15, 1989 Page 6 253 Councilmember Shoemaker withdrew his motion with agreement from the maker of the second. M/S Shoemaker/Schneiter to contact and appoint the previous board members (Jeff Rea, Chris Henderson, Jim Lohr, George Baffico and Tom Roberts) and if any cannot serve then make appointments from the alternate list. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. llk. Matter of BMX Lease/Renewal. The City Attorney reported on a controversy that has arisen regarding the recently approved lease for the BMX track and briefed the Council on occurrences and dates of two separate BMX organizations desiring to lease the same property. (Rusty Bowl BMX, Inc. and Ukiah BMX Club, Bill French). Discussion ensued regarding original lease and change in original group's name. Lee Adams, Attorney representing Bill French, made a proposal that both organizations use the track, alternating Sundays. Nick Knox, 525 So. Main Street, attorney for Rusty Bowl BMX, informed the Council of the differences between American Bicycle Association and National Bike League, noted only Rusty Bowl BMX, Inc., is a legal non-profit organization as required in the lease. Discussion ensued pertaining to profits returning to track, NBL and ABA participant numbers and track differences, and insurance coverage and liability. R. Jones, 1139 West Street, Redding Ca., stated he was an original signer on the first lease and reported to Council on the history of Rusty Bowl BMX, Inc., and how Bill French, as the track director, deceived the Board and took over the lease without permission from Rusty Bowl BMX, Inc., Board of Directors. He stated that apathy possibly allowed this to occur, but feels the original group is best suited to run the track. The City Attorney asked what assurance the City has that apathy won't occur again. Two-thirds of the total audience stood up to show their support and interest in continuing Rusty Bowl BMX, Inc. Kay Snook, 2297 So. Dora, reported the Rusty Bowl BMX, Inc., Board of Directors has met every month, and at the January 29, 1989 meeting, Bill French informed the Board ~he had negotiated a new lease and would run it himself from now on, upon which the Board fired him as Track Director. Councilmember Shoemaker stated the new lease with French was a mistake and feels the original group needs to be allowed to continue as before. M/S Wattenburger/Shoemaker to terminate the existing lease and open up negotiations for a new lease. The City Attorney recommended terminating the lease as per clause 7.1 giving a 60 day termination of lease, as the safest way. Discussion ensued regarding misrepresentation and non-profit status required in lease. Councilmember Wattenburger stated he feels the City could enact clause 7.2 regarding termination due to non-profit status not provided at time of signing of lease. Councilmember Wattenburger modified his prior motion to allow for termination of this lease as per clauses 7.1 and 7.2 of the lef~e agreement. Councilmember Shoemaker, maker of the second, agreed to the modification. The Reg. Mtg. March 15, 1989 Page 7 254 motion was carried by the following roll call vote: AYES: Councilmember Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. lla. Adoption of Resolution Approving and Authorizing Execution of Amendment No. 2 to Project Agreement No. 2 for the California-Oregon Transmission. Project. The Electric Director reported that this amendment allows the Cities of Biggs and Gridley to drop their percentage shares in the TANC project, while also increasing the ceiling allowed for indebtedness from $26.8 million to approximately $65 million, of which some of this increase will be used to retire the existing notes. Discussion ensued pertaining to TANC relationship to NCPA. M/S Henderson/Hickey to adopt Resolution No. 89-33 approving and authorizing execution of Amendment No. 2 to Project Agreement No. 2 for the California-Oregon Transmission Project. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. llb. Request for reimbursement from Mendocino College regarding Anton Stadium. The City Manager expressed concern that the President of Mendocino College may not be aware of this letter from the College's staff. Councilmember Shoemaker noted that people paying for Anton Stadium have expressed resentment of other groups using it for free. Discussion ensued regarding what groups use the facilities and payment, if any, involved. M/S Wattenburger/Shoemaker to put the verbal agreement with Mendocino College in writing and to issue a credit to Mendocino College for $804.30 for material reimbursement this one time only. The motion was carried by the following roll call vote: AYES: Councilmember Wattenburger, Shoemaker, Schneiter, and Hickey. NOES: Mayor Henderson. Mayor Henderson stated she does not like doing business this way. lld. Set April 26, 1989, for City Council/Planning Commission Meeting, establish time and agenda. Mayor Henderson requested Council to forward agenda subjects to her. It was the general consensus of Council to meet with the Planning Commission on April 26, 1989 at 6:00 p.m. in the Council Chambers. lle. Drug Free Workplace Act - Carousel Sewer Main Project. The City Manager reported that the Drug-Free Workplace Act of 1988 enacted November 18, 1988, requires grantees of Federal agencies and recipients of contracts from Federal agencies to certify that they will provide drug free workplaces. M/S Shoemaker/Wattenburger authorized the Mayor to sign the Certification regarding Drug-Free Workplace Requirements. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. llf. Matter of Ukiah Valley Sanitation District action initiating annexation, Cox/Mayfield property, North of Orr Creek. Mayor Henderson reported on the chain of events regarding this property's application for sewer in the Sanitation District. The Public Works Director reported on the water agreement the City has with some of these lots owned by Cox and Mayfield. Reg. Mtg. March 15, 1989 Page 8 255 The City Attorney mentioned when this application goes to LAFCO, there exists plenty of grounds for denial. Discussion ensued regarding how the City should handle this with the Sanitation District and LAFCO. M/S Schneiter/Hickey authorize the Mayor to state the majority opinion of the Council that the property in question which is applying for annexation into the Sanitation District, be denied and request that this property be annexed into the City. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Schneiter, Hickey, and Mayor Henderson. NOES: None. ABSTAIN: Councilmember Shoemaker. llg. Discussion of Utility Deposit and Billing Policy Changes. The Finance Director reviewed proposed utility deposit and billing policy changes for electric service deposits, reconnec~ fees, new service turn on, delivery/trip charges and interest charged per month on outstanding bills. He noted these proposed changes .will be instrumental in defraying our costs for processing delinquent utility customers. Discussion ensued pertaining to disconnect and reconnect procedures. The City Manager noted an error on Page 4 of the draft Resolution, stating the final 48-hour Notice for domestic service fee should be $6.00 not $16.00. M/S Shoemaker/Wattenburger to proceed with this matter and conduct the Public Hearing on April 19, 1989. The motion was carried by a unanimous voice vote of all AYE. M/S Shoemaker/Hickey to refer the property tax lien matter to the City Attorney for further review. The motion was carried by a unanimous voice vote of all AYE. llh. Approval of New Classification - Senior Clerk Dispatcher. The Assistant to the City Manager reported upon the City of Ukiah becoming the Public Safety Answering Point responsible for the 9-1-1 emergency line in September of 1985, the creation of five civilian Clerk Dispatcher positions were approved by Council. She noted with increasing skills and proficiency of the seasoned Clerk Dispatchers, it is appropriate to create a second range on higher salary to encourage the dispatchers to improve their skills and also serve as a incentive for remaining with the City. M/S Shoemaker/Henderson to approve a classification of a Senior Clerk Dispatcher and approve the allocation of this classification to salary schedule range 30. The motion was carried by the following roll call vote: AYES: Councilmember Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. lli. Matter of Sister City relationship - City of Nichinan-Cho, Japan - Henderson. Mayor Henderson noted receipt of a letter from a Mr. Ernest R. Carr, an English teacher in Nichinan-Cho, requesting a meeting with the City of Ukiah on March 29, 1989 for a facts gathering tour for consideration of establishing a Sister City relationship. She expressed interest and polled the Council as to their feelings. It was the general consensus of Council to proceed with this meeting. llj. Discussion of Civic Center Exterior Li~htin~ - Wattenburger. Councilmember Wattenburger reported he has received a lot of contact from the public regarding overlighting of the exterior of the Civic Center. He feels a timing device, set at midnight, would be proper conservation method of excessive use of electricity. He requested more information of costs of this project. Reg. Mtg. March 15, 1989 Page 9 256 The Director of Public Works reported with the costs incurred, of only 10 to 20 flood lamps, for the time clocks, labor, trenching into concrete and lowered security when the exterior shrubs grow higher in 10 to 20 years; it would possibly take 10 years to recoup the costs. Councilmember Wattenburger requested a report on the costs of putting t~e exterior flood lights on timers. The general consensus of Council agreed. CITY COUNCIL REPORTS Councilmember Wattenburger None. Councilmember Shoemaker Requested Council to save the agenda documents from tonight that were continued, so as to save copying costs; noted an article from the League of California Small Cities Newsletter requesting small city videos for the Annual Conference and indicated we should make arrangements to send our new video ASAP; reported the Sun House museum just completed a 10 minute video which he will show at the next meeting; noted he is interested in obtaining insurance that will cover our deductible for our recreation programs, desiring information on what is available and costs. Councilmember Schneiter None. Councilmember Hickey None. Mayor Henderson Reported on the R.E.M.I.F. meeting today noting a one million dollar surplus in the Workmen's Compensation fund which will be reimbursed to the City in the form of a $55,000 rate decrease next year; reported on the article "Ukiah's Claim" in the Golden State Report Magazine documenting the corrected fact that the first city to ever have a City Manager was the City of Ukiah in March of 1904. 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 Ukiah Valley Fire Protection District vs City of Ukiah, County of Mendocino, Case No. 56504; a potential litigation issue and a personnel matter. ' M/S Hickey/Schneiter to go into Closed Session to discuss the following: 1. Ukiah Valley Fire Protection District vs City of Ukiab, County of Mendocino, Case No. 56504. 2. Personnel matter. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. RECESS TO REDEVELOPMENT - 11:20 p.m. RECONVENE: 12:00 a.m. Council went into Closed Session at 12:01 a.m. Council reconvened at 12:37 a.m. M/S Hickey/Wattenburger to authorize the Mayor to send a letter to the Ukiah Valley Fire Protection District notifying the District that the last offer from the City of Ukiah will be effective only until March 30, 1989 at 12:00 Noon, after which the offer is withdrawn and revoked. The motion was carried by a unanimous voice vote of all AYE. Reg. Mtg. March 15, 1989 Page 10 257 M/S Schneiter/Wattenburger to adopt Resolution No. 89-34, authorizing the Mayor to sign agreement accepting City Manager, D. Kent Payne resignation. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, and Schneiter. NOES: Councilmember Hickey and Mayor Henderson. ADJOURNMENT There being no further business, the meeting ~as adjourned at 12:38 a.m. Reg. Mtg. March 15, 1989 Page 11