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HomeMy WebLinkAboutMin 12-07-88209 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - DECEMBER 7, 1988 The City Council convened in a regular session at 6:32 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, Fire Chief Mitchell, Electric Utilities Director Roper, Parks and Recreation Director McCarty, Electric Distribution Engineer Dunn, 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 Councilmember Shoemaker made a correction to the City Council Minutes of the Regular Meeting of November 16, 1988, as follows: Page 7, first~ paragraph, second line, change "Nicolas Gardiner" to "Nicholas Gardner. M/S Hickey/Schneiter approved the City Council Minutes of the Regular Meeting of November 16, 1988, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. SPECIAL ORDER OF BUSINESS The City of Lakeport's Mayor Arlin Pischke and Councilmember Debbie Cole presented the first place Marching Band award to Drum Majorette Natasha Graham of the Pomolita Marching Band of Ukiah, for their outstanding performance in Lakeport's Thanksgiving Parade on November 19, 1988. RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR Councilmember Schneiter pulled Item 7d from the Consent Calendar. It then became New Business Item lie. M/S Hickey/Schneiter approved the Consent Calendar Items 7a, 7b, 7c, 7e, and 7f, as follows: 7a. Approved the Payroll Warrants of December 7, 1988, #24017 to 24378, in the amount of $220,853.91. 7b. Approved the General Warrants of December 7, 1988, #39481 to 39627, in the amount of $720,117.71. 7c. Denied the following Claims for Damages and referred to the Insurance Carrier: i. Leticia Hernandez ii. Kenneth Moroni iii. Angela Marie Marvel 7e. Adopted Ordinance No. 882, Zoning Code Amendment No. 89-26, adding a new Chapter 5 to Division 9 of the Ukiah City Code, entitled: Dedications and Capital Improvements, and Renumbering Existing Chapter 5 to Chapter 6. 7f. Approved the Report of Administrative Actions and Proposals (R.A.A.P.). The motion was approved by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. Reg. Mtg. December 7, 1988 Page 1 210 COMMENTS FROM AUDIENCE No one from the audience came forward to offer comments. UNFINISHED BUSINESS 10a. Adoption of Resolution Appointing Parks, Recreation and Cultural Arts Commissioners Councilmember Shoemaker nominated Glenn McGourty to fill the term of Jerry Newton which expires June 30, 1990. The nomination was seconded by Councilmember Schneiter. The nomination was approved by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. Councilmember Schneiter nominated Dave Strong to fill the term of Edward Nichols which expires June 30, 1990. The nomination was seconded by Mayor Henderson. The nomination was approved by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. Councilmember Wattenburger nominated Ken Schleintz to fill the term of H.W. Pullins which expires June 30, 1989. The nomination was seconded by Councilmember Schneiter. The nomination was approved by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. Mayor Henderson nominated Robert Farnbach to fill the term of Thomas Cropp which expires June 30, 1989. The nomination was seconded by Councilmember Schneiter. The nomination was approved by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. M/S Schneiter/Wattenburger adopted Resolution 89-15 appointing Glenn McGourty, Dave Strong, Ken Schleintz, and Robert Farnbach to the Parks, Recreation and Cultural Arts Commission. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. lOb. Adoption of Resolution Appointing Library Advisory Board Commissioner It was the general consensus of Council to add a length of term for this position with an expiration date of June 30, 1992. Mayor Henderson nominated Sharon Cantrall to the Library Advisory Commission. The nomination was seconded by Councilmember Schneiter. The nomination was approved by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. M/S Wattenburger/Hickey adopted Resolution 89-16 appointing Sharon Cantrall to the Library Advisory Commission. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. 10c. Matter of Historical Preservation Committee i. Adoption of Resolution including Committee Appointments Councilmember Wattenburger noted that his nominee will be residing within the City limits the end of this month and questioned the City Attorney regarding the time factor. The City Attorney indicated it would be appropriate since this committee won't begin until next month. Councilmember Wattenburger nominated Betty Fairburn. Councilmember Shoemaker nominated Suzanne Abel-Vidor. Councilmember Schneiter had no nominations at this time, although hopes to have one at the next Council meeting. Councilmember Hickey nominated Ben Foster. Mayor Henderson nominated Judy Pruden. Reg. Mtg. December 7, 1988 Page 2 211 M/S Shoemaker/Wattenburger adopted Resolution 89-17 establishing Ad-Hoc Committee for review of Historic Preservation Ordinances appointing Betty Fairburn, Suzanne Abel-Vidor, Ben Foster and Judy Pruden. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. 10d. Matter of Use Permit 81-39, Airport Industrial Par~ The City Attorney reported on a letter received from the attorney representing Bobby Kennedy, claiming improper noticing of his client and contained threat of litigation, therefore, requested this matter be considered in Closed Session tonight referring to the Pending/threatened Litigation exception to the Brown Act, Section 54956.9 Subsection B. M/S Schneiter/Shoemaker to consider this item in Closed Session. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. lOe. Report on Grounds Maintenance of City Facilities The Parks, Recreation and Cultural Arts Director reported that grounds improvement over the last 30 days at the Civic Center and the Sun House is due to assignment of upkeep of weeds and shrubbery to the custodian and some trustees. He also noted two young men have been hired to work five hours per week and the Park Leadworker will return to work December 16, 1988. Discussion ensued. M/S Shoemaker/Hickey to hire a part-time person to work strictly on the Civic Center and Sun House grounds for $6.00 per hour, total of $480.00 per month. Discussion ensued regarding costs and alternatives. Councilmember Schneiter called for the question of the previous motion. The motion was denied with the following roll call vote: AYES: Councilmembers Wattenburger and Shoemaker. NOES: Councilmembers Schneiter, Hickey and Mayor Henderson. M/S Hickey/Schneiter to put out a Request For Proposal for maintenance of the Sun House and Civic Center after staff has determined what ~s necessary. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. 9a. Adjustment of Street Light Charses i. Adoption of Resolution The Electric Utilities Director reported on quantities, wattages, and light levels of existing street lights within the City. He noted a change out from 250 watts to 150 watts and from 150 watts to 100 watts would cost approximately $250,000. He also commented with the implementation of a conservation program in 1980 which replaced all mercury vapor and incandescent lights with high pressure sodium, 472,410 kilowatt hours were saved per year. He noted Healdsburg contains 1,038 street lights with 45 street miles and Ukiah contains 980 street lights with 50 street miles. Public Hearing Opened - 7:28 p.m. No one came forward. Public Hearing Closed - 7:29 p.m. Discussion ensued. Councilmember Schneiter commented a $12,000 shortfall in the electric budget is insignificant with the amount of money generated by revenues with excess going into contingency funds, and stated he will not support a fee increase if we can't reduce wattage. Discussion continued. Reg. Mtg. December 7, 1988 Page 3 212 M/S Wattenburger/Schneiter to reduce wattages of street lights from 250 watts to 150 watts on a replacement basis only and not increase the street light charge to $1.50 per month per customer. Mayor Henderson stated it is not just replacing a bulb with a change out, the whole fixture must be changed which will cost approximately $100,000 to $130,000 upon burn out of 400 bulbs. She commented that this future expenditure does not make sense, just to save $12,000 now. The question was called for by Councilmember Schneiter. The previous motion was denied by the following roll call vote: AYES: Councilmember Wattenburger. NOES: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson. M/S Henderson/Hickey to increase the street lighting charge to $1.50 per month per customer. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: Councilmember Wattenburger. 9b. Appeal of Planning Commission approval of Variance 89-24, 522 West Mill Street - Fenton The Community Development Director reported the Planning Commission approved a variance for a 6 foot fence with a setback of 10 feet at the Planning Commission meeting of November 9, 1988. The original plan submitted to the Planning Commission showed 20 feet between house and property edge when actual distance ~s 13 feet, which would only allow 3 feet between house and fence with the 10 foot setback that was granted by the Planning Commission, and noted this is Mrs. Fenton's reason for appeal. Public Hearing Opened - 7:52 p.m. Renee Renton, 522 W. Mill Street, stated this fence is necessary for backyard privacy and there exists many similar fences in Ukiah, therefore, she should be allowed to keep the existing fence which has been there a very long time. Warren Sawyers, 482 Observatory Ave, stated there are too many illegal fences in Ukiah and hopes Council will approve Mrs. Fenton's appeal. Public Hearing Closed - 7:57 p.m. Councilmember Hickey noted he thinks the existing fence has been there since prior to 1964 and therefore should be able to be grandfathered in. M/S Hickey/Wattenburger to grant the appeal of Planning Commission approval of Variance 89-24, 522 West Mill Street by Renee Fenton with the following findings: 1. The subject parcel is smaller than a standard 7,000 square foot corner lot and, therefore, has a small backyard for private open space. 2. Similar variances have been granted for corner lots in established areas of the City. 3. Approval of the variance will not be detrimental to the health, safety or welfare to persons residing in the area. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. Recess: 8:04 p.m. Reconvene: 8:26 p.m. lOf. Report Regarding Regional Planning Commissions The Community Development Director reported that there are no joint Planning Commissions in California at this time although the law provides for establishment of such, it has never been attempted. He noted Regional Council of Governments (COGS) are joint power agencies comprised of cities and counties within a specified area which can become involved in general type planning for regional issues. He noted that legal issues of a joint Planning Commission are significant regarding enforcement authority. Reg. Mtg. December 7, 1988 Page 4 213 Discussion ensued. It was the general consensus of Council to send a letter to the County Board of Supervisors requesting establishment of communication between County Planning Commission and City Planning Commission. lOg. Adoption of Resolution, Proposed Expansion AB 1693 - Main Street The City Manager reported upon receipt of petitions at the last Council meeting from downtown merchants requesting expansion of the boundaries of the Downtown Parking and Business Improvement District (AB 1693), the City Attorney prepared a Resolution of Intention for expansion of the AB 1693 district with a public hearing date set for January 4, 1988. M/S Schneiter/Hickey to adopt Resolution 89-18, a Resolution of Intention of the City Council of the City of Ukiah to change boundaries of the Parking and Business Improvement area. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. lOh. Discussion of Formation of Assessment District - Orchard Avenue Extension The Community Development Director reported that to begin the extensive process of formation of an assessment district, preliminary determination of the district boundaries is necessary. He noted preliminary estimates by the City's Public Works Department for construction of the Orchard Avenue extension will be approximately $500,000. The City Manager noted that Bond, Engineering and Financial Consultant costs incurred will be added to actual costs of construction. Discussion ensued regarding protest procedures, and benefit areas. M/S Schneiter/Shoemaker to proceed with the formation of Orchard Avenue Extension Assessment District including area boundaries of A, B, C and D, requesting that the degree of benefit be considered when preparing the next report for Council. Councilmember Shoemaker requested an amendment to the motion adding extension of Area D from Cooper Lane to Waugh Lane. Councilmember Schneiter agreed to the amendment. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter and Mayor Henderson. NOES: Councilmembers Wattenburger and Hickey. 10i. Discussion of Policy Resolution Regarding Prezoning of Agricultural Areas The Community Development Director reported on the meetings with the agriculture community and the Farm Bureau and noted their concerns were stated in the versions of draft Policy Resolutions provided Council for review. He indicated this matter should be resolved by January 11, 1989 when the Planning Commission is scheduled to prezone these areas. Discussion ensued over contents of these drafts. Mayor Henderson stated she is very proud of this compromise although it has not been finalized and still has to be reviewed by the Farm Bureau. Councilmembers Shoemaker, Schneiter and Hickey expressed support. It was the general consensus of Council to accept the report. lOj. Report on Toy Distribution - Henderson Mayor Henderson reported on the distribution of toys that were received by the City on November 29, 1988. She noted approximately 20,000 toys were in this shipment and thanked Jim Nabors in Purchasing/Warehouse for his tremendous help in the distribution and also thanked the City Clerk for her help in Reg. Mtg. December 7, 1988 Page 5 214 compiling the lists of requests. She stated the toys should all be distributed by mid-December. 10k. Discussion of Letter Regarding Fireman Overpayment Payback Options - Wattenburger Councilmember Wattenburger questioned how many of the options of payback offered the Firemen actually came from the firemen's suggestions. The City Manager stated that two of the three payback options offered ghe firemen originated from their requests. Councilmember Wattenburger accepted the answer. NEW BUSINESS lla. Resolution Certifying November 1988 Election Results M/S Hickey/Schneiter adopted Resolution No. 89-19 Declaring the Results of the Special Municipal Election held on November 8, 1988. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. llb. Matter of Renewal of City Attorney Contract The City Manager reported the City Attorney's Contract expires on December 31, 1988 and noted the request of the City Attorney for renewal with no new terms or conditions, other than elimination of the expiration date, with retention of the 30 day prior notice of termination clause. He advised the Council if they desire legal advise regarding this matter, the Council would need to retain outside independent legal counsel. M/S Henderson/Schneiter adopted Resolution 89-22 approving renewal of the City Attorney's Contract with the elimination of the expiration date. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. llc. Discussion of Proposal for Carpeting Golf Pro Shop The Parks, Recreation and Cultural Arts Director reported the Ukiah Men's Club has requested recarpeting of the Golf Course Pro Shop and noted the approximate cost would be $3,500 which could be taken out of the budget for repaving the cart paths. M/S Hickey/Schneiter to authorize golf course pro shop carpet replacement. The motion was carried by a unanimous voice vote. lld. Discussion of City Manager - Wattenburger M/S Wattenburger/Shoemaker referred this item to Closed Session to discuss personnel matters. The motion was carried by a unanimous voice vote of all aye. lle. Award of Bid - 4 Wheel Drive Cab and Chassis Councilmember Schneiter questioned procedure when bids are let out, noting only 5 days between bid sent and received dates. The Fire Chief stated there was a typo in the memorandum, noting bid opening was on November 22, 1988 not on November 12, 1988. M/S Schneiter/Wattenburger awarded the bid for a 4 wheel drive cab and chassis truck in the amount of $16,421.03 to Ken Fowler Motors of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. Reg. Mtg. December 7, 1988 Page 6 CITY COUNCIL REPORTS Councilmember Wattenburser Reported on bus tour of the Golden Gate Transit District, reported on the first meeting of the Recycling Task Force, noted receipt of a request for a 4 way stop sign at West Mill and South Oak Streets, and noted receiving a phone call complaining of noise and nuisance of a skateboard ramp at 618 S. Oak Street, also reported on a letter from Redwood Coast Regional Center complaining of an arrest with handcuffs of one of their developmentally disabled. Councilmember Shoemaker Reported on a meeting with himself, Councilmember Wattenburger and the Men's Softball Association, asked for a report regarding a consultant to apply for grants for Parks and Recreation Department to secure more money, referred Anton Stadium's upgrade of condition and use to the Parks and Recreation Commission, and reported on the status of the Chamber Video. Councilmember Schneiter Noted he missed LAFCO and MCOG meetings on Monday due to the fact he was out of town. Councilmember Hickey Noted there are plastic restraints available to avoid abrasion, and hopes the Police Department will obtain a few if they have not done so. ~ayor Henderson Reported on the delivery of gifts from the Ukiah Garden Club, thanked the Parks and Recreation crew for successfully falling a donated Christmas tree for the Civic Center, noted she was elected by the City Select Committee to the Rural Access Network Committee and reported on their project of obtaining a FAX fingerprinting network within the County and noted she and the City Manager met with Marilyn Butcher and A1 Beltrami regarding the KUKI annexation. 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. M/S Hickey/Schneiter referred the matter of KUKI annexation to Closed Session to discuss potential litigation. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. Recess: 9:42 p.m. Reconvene: 9:47 p.m. Closed Session Council went into Closed Session at 9:47 p.m. Council reconvened at 12:32 a.m. The City Attorney reported the following actions taken in Closed Session by Council. 10d. Matter of Use Permit 81-39, Airport Industrial Park It was the consensus of Council to request staff to initiate a Use Permit Amendment to Use Permit 81-39 with respect to the Bobby Kennedy property only. lle. Discussion of City Manager - Wattenbur~er M/S Wattenburger/Shoemaker to give the City Manager notice of intent to discharge him. The motion was denied by the following roll call vote: AYES: Reg. Mtg. December 7, 1988 Page 7 216 Councilmember Wattenburger. Hickey and Mayor Henderson. NOES: Councilmembers Shoemaker, Schneiter, It was the general consensus of the Council to request the City Manager to request the Fire Chief to allow volunteer Dan Morris to rescind his resignation and to extend the time for him to avail himself of the hearing that was offered before the Fire Chief, to see if the administrative remedies that are available will resolve this problem. ADJOURNMENT There being no further business, the me :ing was adjourned at 12:32 a.m. R:CCMIN4 Reg. Mtg. December 7, 1988 Page 8