HomeMy WebLinkAboutMin 01-04-89218
MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - JANUARY 4, 1989
The City Council convened in a regular session at 6:31 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, Public Works Director/City Engineer
Pedroncelli, Finance Director Vara, Assistant Public Works Director Goforth,
Parks and Recreation Director McCarty, Electric Distribution Engineer Dunn,
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
M/S Hickey/Schneiter to approve the City Council Minutes of the Regular
Meeting of December 7, 1988, as submitted.
Mayor Henderson requested an amendment to the motion to make a correction to
the City Council Minutes of the Regular Meeting of December 7, 1988, as
follows: Page 3, Item 9a, first paragraph, last line, change 98 to 980.
Councilmember Hickey, the maker of the motion, and Councilmember Schneiter,
the maker of the second, agreed to the amendment.
The amended motion was carried by the following roll call vote: AYES:
Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor
Henderson. NOES: None.
Mayor Henderson made a correction to the City Council Minutes of the Special
Meeting of December 16, 1988, as follows: Page 1, Item 2a, second paragraph,
first line, omit "clean up wording."
M/S Schneiter/Wattenburger approved the City Council Minutes of the Special
Meeting of December 16, 1988, as amended. The motion was carried by the
following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker,
Schneiter and Mayor Henderson. NOES: None. ABSTAIN: Councilmember Hickey.
RIGHT TO APPEAL DECISION
Mayor Henderson reviewed Section 1094.6 of the California Code of Civil
Procedures regarding the appeal process.
CONSENT CALENDAR
Councilmember Shoemaker pulled Item 6e from the Consent Calendar. It then
became New Business Item llh.
M/S Schneiter/Hickey approved the Consent Calendar Items 6a, 6b, 6c, 6d, and
6f, as follows:
6a. i. Approved the Payroll Warrants of December 21, 1988, #24379 to 24523,
in the amount of $94,739.02.
Approved the General Warrants of December 21, 1988, #39628 to 39816
(accepting voided #39642 through 39645), in the amount of
$394,886.02.
ii. Approved the Payroll Warrants of January 4, 1989, #24524 to 24668,
in the amount of $109,584.53.
Approved the General Warrants of January 4, 1989, #39817 to 39871,
in the amount of $603,227.80.
6b. Denied the following Claims for Damages and referred to the Insurance
Carrier:
i. Betty Sindle
ii. Safeway Stores, Inc.
219
iii. Leticia Hernandez
iv. Gary W. Hudson
6c. Adopted Resolution No. 89-23, Authorizing a Removal of the General
Agreement of Indemnity in Accordance with the Requirements of the
Interconnection Agreement as approved on July 6, 1983, by the City
Council.
6d. Approved the Notice of Completion for Construction of Hangar Doors at the
Ukiah Municipal Airport, by Jet-Con Enterprises.
6f. Approved the Report of Administrative Actions and Proposals (R.A.A.P.)
The motion was carried by the following roll call vote: AYES: Councilmembers
Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None.
COMMENTS FROM AUDIENCE
Ted Feibush, 240 S. Highland Avenue, commented he owns three buildings in the
downtown area and noted the Ukiah Daily Journal's article regarding the
Masonry Building Law, stemming from a speech given to the Board of Realtors by
the Community Development Director. He requested the Council to ask staff to
provide information regarding structural reinforcement requirements of this
law so he and other masonry building owners can start the process of
compliance.
PETITIONS AND COMMUNICATIONS
9a. Accept and File Ukiah Redevelopment Agency Preliminary Report
The City Manager reported that the City of Ukiah is a taxing agency within the
Redevelopment area, and this is a procedural requirement of the Redevelopment
Agency to notify all taxing agencies of the adoption of the Redevelopment
Agency Preliminary Report.
M/S Shoemaker/Schneiter to accept and file this communication from the Ukiah
Redevelopment Agency. The motion was carried by a unanimous voice vote of all
Aye,
9b. Receipt of Letter from County regarding Fiscal Review Committee and
Appointment of Representative
The City Manager reported on the communication received from
Michael K. Scannell, Assistant County Administrative Officer, calling for the
formation of a Fiscal Review Committee by County Resolution No. 88-250. He
noted as the City of Ukiah is a taxing agency within the proposed
Redevelopment Area, the communication requested the City appoint a
representative to the Fiscal Review Committee.
M/S Shoemaker/Schneiter appointing D. Kent Payne as representative for the
City of Ukiah to the Fiscal Review Committee. The motion was carried by a
unanimous voice vote of all Aye.
UNFINISHED BUSINESS
10a. Adoption of Resolution Appointing Airport Commissioner
The City Manager reported no qualified applications had been received to date,
although proper publishing was performed.
It was the general consensus of Council to readvertise this vacancy for the
next 30 days.
10b. Resolution Appointing Members to the Historical Preservation Committee
Councilmember Schneiter appointed Granville Pool to the Historical
Preservation Committee.
Councilmember Wattenburger reported his previously appointed Historical
Preservation Committee member, Betty Fairbairn, has resigned and indicated he
has no replacement recommendation at this time.
Reg. Mtg.
January 4, 1989
Page 2
22O
It was the general consensus of Council to postpone this matter until the next
meeting.
lOc. Presentation of the Final Streetscape Guidelines by EDAW
The Community Development Director introduced Cheryl Barton and Craig Heckman
from EDAW, who proceeded to present the final Streetscape Guidelines.
Discussion ensued.
Mayor Henderson requested EDAW to use another picture representing large,
mature trees on page 8.
Discussion ensued pertaining to parking loss in the downtown area.
Councilmember Shoemaker requested EDAW to provide any information on funding
sources of grants they may be aware of, to help the City of Ukiah in financing
this project.
EDAW then presented three options of promotional literature regarding the
landscaping guidelines; a large poster, the full document itself and a special
printed folder in which inserts of the individual street guidelines could be
contained.
Discussion ensued over the costs of each of these options.
Councilmember Shoemaker indicated he feels the recommended shrubbery in
parking bumper strips are too brittle and may break too easily.
Councilmember Wattenburger noted when he was in Antioch he observed the
planting islands which were attractive but they have more available parking
downtown than we do.
Mayor Henderson commented this plan is initiated by the City of Ukiah and can
implement the downtown guidelines when adequate replacement parking is
available and indicated the need to soften the appearance of the downtown
area.
Councilmember Shoemaker questioned if the City makes changes would EDAW be
willing to change the print before the camera ready copy is made.
Cheryl Barton answered that significant changes could change the format, but
indicated willingness to comply if possible.
M/S Schneiter/Hickey to receive the final Streetscape and Design Guidelines by
EDAW. The motion was carried by the following roll call vote: AYES:
Councilmembers Wattenburger, Schneiter, Hickey and Mayor Henderson. NOES:
Councilmember Shoemaker.
PUBLIC HEARING
aa. Expansion of AB 1693 - Downtown Parking and Improvement District
The Community Development Director reported all businesses with current
business licenses in the proposed area of expansion were notified, in addition
to 70 letters sent addressed to "occupant", with proper publication in the
newspaper notifying the public of this Public Hearing. He explained the
Council is authorized to establish the expanded boundaries if there is no
majority protest, which would be the number of businesses protesting, who
would generate more than 50% of the revenue within the new area. He noted the
proposed fee increase would not become effective until July 1, 1989.
Public Hearing Opened - 7:29 p.m.
Mayor Henderson read a letter received January 4, 1989 from D. J. Howard,
President of E1 Sombrero, Inc., stating opposition of the expansion of the
Downtown Business and Parking Improvement District.
Reg. Mtg.
January 4, 1989
Page 3
221
No one came forward to indicate opposition or support for the expansion of
AB 1693 - Downtown Parking and Improvement District.
Public Hearing Closed - 7:31 p.m.
Councilmember Shoemaker noted this proposal for expansion of the Downtown
Parking and Improvement District was brought to the Council by the business
owners and citizens themselves.
M/S Schneiter/Wattenburger to approve the final boundaries for the expansion
area and directed staff to prepare the Ordinance as there was no majority
protest. The motion was carried by the following roll call vote: AYES:
Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson.
NOES: None.
Break - 7:33 p.m.
Reconvene - 7:43 p.m.
NEW BUSINESS
lla. Adoption of Resolution Establishing Hours of Enforcement in Downtown Area
- 90 Minutes Parking
The Finance Director/Traffic Engineering Committee Chairman reported that upon
review of a request from the Downtown Merchants Association to change the
starting time of parking enforcement from 9:00 a.m. to 8:00 a.m. of the 1½
hour parking limit in the downtown area, the Traffic Engineering Committee
unanimously voted to send this recommendation to CouncJ~l.
The City Manager noted if approved by Council the time change would become
effective upon change of signs.
M/S Shoemaker/Schneiter to .approve Resolution No. 89-24 adopting Revised
Parking Time Limits on Certain Streets. The motion was carried by the
following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker,
Schneiter, Hickey and Mayor Henderson. NOES: None.
llb. Approval of Request for Proposal, Landscape Maintenance for the Civic
Center and Sun House Museum Property
The Parks, Recreation and Cultural Arts D~rector reported as per the Council's
request at the meeting of December 7, 1988, he provided separate Request for
Proposals (RFP) which include general information and a list of the proposed
duties that will be required.
Councilmember Hickey noted the high amount of insurance required of the
contractor will make the bids high and questioned why litter in the parking
lots couldn't be picked up by someone else other than a contractor.
Councilmember Shoemaker expressed concern that with the extent of proposed
duties and the insurance and contract requirements the bids will be high. He
indicated it would be less expensive to hire a skilled worker.
Discussion ensued pertaining to contract requirements.
It was the general consensus of the Council to send this (RFP) back to staff
to simplify the contract.
llc. Report on Usage and Future of the City Disposal Site
The Director of Public Works/City Engineer reported the figures in this long
range operating plan and costs for the City's Solid Waste Disposal S~te are
preliminary estimates.
The Deputy Director of Public Works reported on the history of the Solid Waste
Site, noting that in 1986 the site was reclassified from a "Class 2" site to a
"Class 3" site, which cannot receive hazardous waste and must operate as a
daily fill and cover operation. He reviewed a sample of the daily summary
volumes with the Council, noting final tabulations for 1988 volumes indicated
Reg. Mtg.
January 4, 1989
Page 4
222
32% of the total volume received at the Solid Waste Site received from the
City of Ukiah and 68% received from the County.
Councilmember questioned what percentage of refuse received are considered
recyclables. The Deputy Director of Public Works indicated approximately 56%
is paper waste and recyclable materials.
Discussion ensued.
The Deputy Director of Public Works reported on the future of the disposal
site, including the different stages of landfill areas with new costs of
monitoring groundwater and air, closure and post-closure costs anticipated for
2028 (the end of the 40± year life expectancy of this landfill for City only)
and Site Cleanup and Maintenance Fee Law costs starting July 1, 1990.
Councilmember Schneiter questioned what the life expectancy of the landfill
site would be if we continue dumping as currently being done.
The Deputy Director of Public Works answered 1998 with 5 to 6 years needed to
start a new dump site.
Discussion ensued regarding future growth and volumes of waste with a
recycling effort.
The Deputy Public Works Director summarized the initial cost estimates of
Closure, Monitoring and Post-closure Maintenance with a total figure (in
today's dollars) of $793,855 which amounts to approximately $20,000 needed per
year (for 40 years estimated remaining life) to create a reserve fund.
Councilmember Schneiter questioned how much volume reduction there would be
with a recycling program.
The Deputy Director of Public Works answered that a good recycling program
could reduce the total volume of waste by as much as 20% and could add another
10 years of life to the existing Solid Waste Site.
The Council accepted the report.
Break to Redevelopment - 8:45 p.m.
Reconvened - 8:59 p.m.
lld. Discussion of Drive-In Theater Property - Mulberry Street
The Community Development Director noted a letter received from Engineer
George Rau, who represents the developer Rooftree, Inc. The letter offered a
proposal that Rooftree, Inc. will design the remainder of Mulberry Street and
construct one-half of the equivalent value of the full cost of the street and
box culvert improvements during their Phase I Ukiah Terrace Project, with the
developer of Phase II constructing the remaining street at the time the final
project is permitted.
George Rau, 100 N. Pine, reported that with Farmers Home Administration
funding low cost housing, but not off-site improvements, the developer cannot
afford to build the complete street in the next Phase and requested an
agreement with the owners and the City to design and build the proposed road
in two phases with development of the two parcels.
The City Manager questioned Mr. Rau, if there was a total of $120,00 in
off-site improvements, then is the developer willing to spend $60,000
(one-half) on the extension of Mulberry Street in the next phase of
~evmlopment? Mr. Rau answered yes.
Discussion ensued pertaining access for public safety in emergency situations
for the existing housing projects on Mulberry Street.
M/S Schneiter/Shoemaker stated the Council agrees in concept with the project,
and desires to accommodate Mr. Rau with his project, therefore, wishes to
continue to move the process of this project and requested staff to consult
with the City Attorney to research how to complete the process. The motion
Reg. Mtg.
January 4, 1989
Page 5
223
was carried by the following roll call vote: AYES: Councilmembers Shoemaker,
Schneiter and Mayor Henderson. NOES: Commissioners Wattenburger and Hickey.
Break - 9:24 p.m. Reconvene - 9:32 p.m.
lle. Discussion of Regional Water Control Board Discharge Permit - Basin Plan
The City Manager reported on the history of Wastewater Treatment and the
City's compliance with the State and Federal criterias for discharges into the
river, he noted with the upcoming permit renewal in March 1989 and future
compliance with the Basin Plan which requires all discharges into the Russian
River after 1990 to receive advanced waste treatment, there is an immediate
need for a course of actions and solutions.
The Public Works Director/City Engineer presented a map and description of the
existing facilities at the Wastewater Treatment Plant and reported on the
current permit requirements and new criteria required on other permits along
the Russian River being renewed by the Water Quality Control Board.
Discussion ensued pertaining to alternatives and costs.
The Deputy Director of Public Works noted that our wastewater treatment is not
obsolete and is up to date with criteria imposed 5 years ago, but with new
criteria possibly being imposed, it will be more costly to comply now than 5
years ago when grant funding was available.
'Council accepted the report.
It was the general consensus of the Council to meet at 8:30 a.m., Friday,
January 13 in the Conference Room for a Study Session regarding the Wastewater
Treatment Plant. Staff was requested to invite representatives from the
Sanitation District.
llf. Authorize Execution of Agreement with Nor-Coast Utility Design, Inc.
The Electric Utilities Director reported they are approaching the goal of
undergrounding all utilities on Perkins Street with funding provided in the
1988/89 Budget with construction to follow in 1989/90, and noted the need to
proceed with designing of composite drawings for joint utilities, but the
City's engineering department is short of manpower due to a recent retirement
of the Electric Distribution Engineer and an Electric Engineering Technician
vacancy. He reported Nor-Coast Utility Design provides designing services for
Pacific Bell and Century Cable and has estimated this job not to exceed
$6,600. He noted the salary savings from the above vacant positions will
provide funding for this work.
Discussion ensued.
Councilmember Schneiter stated he has used this company in his position with
Pacific Bell, with great success.
M/S Wattenburger/Schneiter authorized the City Manager to enter into an
agreement with Nor-Coast Utility Design, Inc. for this project. The motion
was carried by the following roll call vote: AYES: Councilmembers
Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None.
llg. Report from Solid Waste Committee on Recycling - Shoemaker
Councilmember Shoemaker reported on the meeting with the Solid Waste Committee
and noted upon review of Ukiah's landfill waste site with Public Works and the
Solid Waste hauler, a site for a recycling area where bins could be located
was agreed upon. He noted the next step is an agreement for the site, then
the committee will discuss curbside pickup for recyclable materials.
The City Manager noted that for people to operate on City property, they must
meet insurance requirements, and permits are needed unless leasing a portion
of our property.
Reg. Mtg.
January 4, 1989
Page 6
224
M/S Henderson/Schneiter authorizing staff to proceed with drafting a contract
with Ukiah Solid Waste to establish a recycling facility.at the City Solid
Waste site. The motion was carried by a unanimous voice vote of all Aye.
llh. Acceptance of 1987-1988 Fiscal Year Audit
Councilmember Shoemaker questioned the report's notation of lack of
maintaining a detailed fixed asset ledger, and commented he thought this
inventory of assets was going to be done when we move into the new Civic
Center in 1987.
The Finance Director answered the assets the auditors were referring to is not
just personal equipment but much larger assets that were acquired many years
ago, such as the Sewer Treatment Plant machinery. He noted to conduct such an
inventory and then to assign historical costs is a very expensive process.
Discussion ensued regarding the report.
M/S Shoemaker/Hickey to accept the Auditor's Report for Fiscal Year 1987/88.
The motion was carried by the following roll call vote: AYES: Councilmember
Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None.
CITY COUNCIL REPORTS
Councilmember Wattenburger
None.
Councilmember Shoemaker
Reported he attended the swearing in ceremony of the County Supervisors with
lunch, then he appeared before the Supervisors requesting a joint planning
committee with approval for 3 County Planning members to meet with 3 City
Planning Commissioners with a report due back in 80 to 120 days.
It was the general consensus of Council for staff to write a memo from Council
to the Planning Commission.
Councilmember Schneiter
Reported he will attend a LAFCO meeting tomorrow, whose agenda contains the
Attorney General's opinion on the KUKI Annexation, noted the MCOG meeting was
not held due to lack of a quorum, and noted receipt of citizen complaints
about traffic/pedestrian signal problems at the new traffic signals.
Councilmember Hickey
None.
Mayor Henderson
Reported she and Councilmember Shoemaker met with County Supervisors
Marilyn Butcher and Nelson Redding on December 15, 1988 and discussed a golf
course swap, reported on the meeting with the Farm Bureau in which she, the
Community Development Director and the City Manager attended, and noted
receipt of a phone call from Rick Rowe of the Ayuda Toy Drive requesting her
presence at an awards ceremony in April in New Jersey to present her with an
award for outstanding performance in distribution of the donated toys to needy
children.
CLOSED SESSION
The City Attorney recommended that Council discuss this matter in Closed
Session under the Pending/Threatened Litigation exception to the Brown Act,
Section 54956.9, Subsection B to discuss Ukiah Valley Fire Protection District
v. City of Ukiah, County of Mendocino, Case No. 56504 and subjects regarding
the golf course and personnel item.
M/S Shoemaker/Schneiter to go into Closed Session to discuss the following:
Reg. Mtg.
January 4, 1989
Page 7
225
i ·
·
Ukiah Valley Fire Protection District v. City of Ukiah, County of
Mendocino, Case No. 56504
Golf Course
Personnel item.
The motion was carried by the following roll call vote: AYES: Councilmembers
Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None.
Council went into Closed Session at 10:59 p.m.
Council reconvened at 1:00 a.m.
M/S Schneiter/Wattenburger authorized the Mayor to write a letter to the Ukiah
Valley Fire Protection District offering an additional year of fire protection
services at the existing level for $350,000, requesting this offer be placed
on the District's agenda for its meeting of January 10, 1989. The intent of
the offer is to provide the City and the District enough time to negotiate a
long-term agreement after resolution of the pending lawsuit.
The motion was carried by a unanimous voice vote of all Aye.
ADJOURNMENT
There being no further business, the me~ng was adjourned at 1:01 a.m.
My~K~ ~,' City' L~iCk
R: CCMIN4
Reg. Mtg.
January 4, 1989
Page 8