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HomeMy WebLinkAboutMin 11-16-88MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - NOVEMBER 16, 1988 The City Council convened in a regular session at 6:33 p.m., in the Council Chambers at the Civic Center, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson. 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, Administrative Secretary to the City Manager Stamelos, and City Clerk McKay. INVOCATION/PLEDGE OF ALLEGIANCE Mayor Henderson delivered the Invocation and Councilmember Wattenburger led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES Mayor Henderson made corrections to the City Council Minutes of the Regular Meeting of November 2, 1988, as follows: Page 4, 4th paragraph, last line, change "public to "publish". Page 6, 10th paragraph, 2nd sentence, change "their" to "its." Page 6, last paragraph, last line, remove the semicolon and replace with a comma. Page 7, second paragraph, 4th line, add "possible" in front of "reorganization;" same paragraph, 6th line, omit "fill" and add "advertise; same paragraph, 8th line add "possible" in front of "reorganization." Page 7, last paragraph, noted Councilmember Hickey's vote was NOE, not as listed as an AYES. Page 8, 4th paragraph, noted no roll call provided to the motion of Councilmember Shoemaker. Page 8, 5th paragraph, 1st line, omit "approved" add "To approve." Councilmember Shoemaker made corrections to the City Council Minutes of the Regular Meeting of November 2, 1988, as follows: Page 6, 6th paragraph, 3rd line, omit "egress" add "ingress and one egress" and should state, "Neither development should go forth without proper circulation planning." Page 8, under Shoemaker reports, 4th line, omit "event" and add "strategy." Councilmember Wattenburger made corrections to the City Council Minutes of the regular meeting of November 2, 1988 as follows: Page 6, 12th paragraph, 3rd and 4th line, omit "Captain" and replace with "Chief." Page 7, 9th paragraph, noted he requested all reports, not just the diesel fuel tank report. The City Manager noted on page 6, 2nd paragraph, he stated the requested amount was $19,994 not $16 - 17,000. M/S Schneiter/Shoemaker approved the City Council Minutes of the Regular Meeting of November 2, 1988, 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 Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. Consent Calendar M/S Schneiter/Shoemaker approved the Consent Calendar Items 6a, 6b, 6c, 6d, and 6e, as follows: 6a. Approved the Payroll Warrants of November 16, 1988, #23871 to 24106, in the amount of $102,245.19. 6b. Approved the General Warrants of November 16, 1988, #39337 to 39480, in the amount of $255,603.20. 6c. Denied the following Claims for Damages and referred to the Insurance Carrier: i. Kevin and Roberta Kelley ii. Anke Ewerbeck iii. Bobby and Teresa Nix Reg. Mtg. November 16, 1988 Page 1 203 6d. Awarded bid for a 600 amp Sub-Surface Vacuum Switch to Amfac Electric Supply in the amount of $2,941.50. 6e. 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. COMMENTS FROM AUDIENCE Antonio Andrade, representing CFAR, reported on the group CFAR and requested the City initiate a Task Force to review recycling by the City and possibly for the rural areas. Betty Vau, 504 N. Oak St., from the Mendocino Environmental Center, submitted a letter supporting recycling by Ukiah, requesting recycling bins at the landfill site, and curbside pickup to be provided by the City's garbage haulers. Michael Sweaney, P.O. Box 309, Redwood Valley, suggested the recent dump fee increase could be applied to finance the startup costs and initial deficit of a City recycling program. He stated the City's message to the County should be "Let's Recycle," not "Get out of our dump." Mayor Henderson enforced the 10 minute limit per subject and requested interested people in the recycling subject should stay for Item 10e. Discussion of City Direction for Recycling. Petitions and Communications 9a. Letter regarding Firefighter List - Morris The City Manager noted receipt of letter from Dan Morris, a volunteer firefighter, and requested Council, after review, to refer this to staff, where it will be handled within the due processes of the City. Discussion ensued pertaining to invalidating the list and hiring from within. The City Manager stated he has invalidated the list for a firefighter position. Councilmember Shoemaker stated he agrees with Councilmember Schneiter that every effort should be made to hire from within. Kevin Jennings, 29 Betty Street, attended in substitution for Dan Morris who could not attend due to a night job, and read a letter addressed to the Council from Dan Morris, asking if the Council had met prior to this meeting and given instructions to Mr. Payne to invalidate this list, noting that the Council gives instructions to the City Manager and that the City Manager should not have invalidated the firefighter list without direction from Council, and referred to Ordinance 508, with possible violations of that Ordinance. Councilmember Schneiter stated he has never violated the Brown Act and Mr. Morris's accusation of a previous meeting with Mr. Payne is totally without foundation and he took it as a personal affront. Discussion ensued regarding hiring practices. The City Manager stated that promotions occur from within whenever possible with some exceptions, and in the last 8 or 9 open/promotional examinations, all but 2 were promotional. He noted past history shows staff does promote from within and offered assurances that the City does comply and operates fairly. Councilmember Wattenburger stated that he knows Mr. Morris personally and feels he would not intentionally upset any of the Council, that his letter was written out of frustration with the system. He expressed his desire to see hiring from within for the firefighter position. Reg. Mtg. November 16, 1988 Page 2 204 Motion by Wattenburger to close the examination for Fire Captain, make it Closed/Promotional only, with letters of regret sent to people who have applied from outside the City, providing future examinations at a later date, to provide an opening at the bottom for firefighter. Councilmember Shoemaker seconded the motion for discussion. Councilmember Shoemaker questioned the City Attorney regarding whether the City could set up a Bonus point system for present City employees. The City Attorney stated the City already has a personnel policy that specifically states there is a preference for promoting from within. He also noted that adopted City personnel policies gives the appointing officer discretion of deciding if the examination is closed promotional or open promotional and he has some questions as to whether Council can or should dictate to the appointing officer how to conduct the examination. Mayor Henderson stated that it is not Council's job to tell staff how to do their jobs. Councilmember Wattenburger clarified his prior motion was to hire a Fire Captain from within which' would create vacancies down through the rank, to be filled by promotions from within. The City Attorney read Section 1307 of the Civil Service Ordinance and advised Council to operate within the law that has already been adopted and not to intervene, as this motion dictates. Discussion ensued pertaining to past personnel matters. The City Attorney interrupted, and advised Council that the discussion is approaching subject matter that pertains to Personnel matters which should be discussed in Closed Session. Councilmember Wattenburger withdrew his motion, with agreement from the maker of the second to the motion, Councilmember Shoemaker. The Mayor stated the previous consensus of Council was to refer this matter to the City Manager and the Personnel Department to invalidate this list, which has been done, and to readvertise the position of firefighter. The City Manager suggested Council not take action regarding personnel matters and to receive this letter and file it. M/S Shoemaker/Schneiter to receive this letter and refer to staff. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: Councilmember Wattenburger. Councilmember Shoemaker stated that the City Manager runs the City according to policy dictated by the Council. 8a. Zoning Code Amendment No. 89-26 - Providing for Off-site Capita] Improvements Fees (AB 1600) The Director of Community Development reported that a recent State law, AB 1600, requires that if a City is to impose off-site capital improvement fees after January 1, 1989, such fees must be established by City Ordinance. He noted the Ordinance provided tonight is an enabling ordinance, with individual fees to be established by resolution. The City Manager noted that these improvements include streets, traffic signals, bridges, and special drainage that are required off-site improvements. Discussion ensued regarding how this process will work. Public Hearing Opened - 7:44 p.m. Gary Akerstrom, North Counties Engineering, reported that other Cities' Planning Departments that he has visited have one-stop service with prompt Reg. Mtg. November 16, 1988 Page 3 205 disclosure of the costs to the developer and feels Ukiah needs to provide this fast service at the time of inquiry from developers. Public Hearing Closed - 7:47 p.m. M/S Shoemaker/Schneiter to introduce Ordinance No. 882 by title only. Councilmember Schneiter questioned how our proposed dedication fits in this Ordinance. The City Attorney answered that this ordinance creates a new Chapter 5 with two articles, Article 1 will be for On-site Dedications and Capital Improvements and Article 2 - Off-site Capital Improvement Fees. The prior motion was carried by a unanimous voice vote. NOES: None. The City Clerk introduced Ordinance No. 882 by Title only. M/S Hickey/Shoemaker introduced Ordinance No. 882, 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. The motion was carried by th~ following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 8b. Adjustment of Street Light Charges i. Adoption of Resolution The Electric Utilities Director reported that the expenses are exceeding the revenues regarding street lighting and at the budget hearings last June, this increase was recommended and the effect of the 6 months postponement of this increase amounts to $10,000. Discussion ensued regarding types and amounts of lighting. M/S Schneiter/Wattenburger referred back to staff to prepare a study, using manufacturing statistics, to determine if candle power and display of lamps is appropriate in a modernization effort using a conservative approach that may show a compromise between a fee increase and a modernized system that reduces consumption of electricity. The motion was carried by the following roll call vote: AYES: Councilmember Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. Councilmember Shoemaker suggested all Council travel through other lighting districts to observe lights per house, stating that residential lighting uses less wattage. Recess: 8:12 p.m. to Redevelopment Agency Reconvened: 9:11 p.m. Petitions and Communications (con't) 9b. Letter requesting refund of Plumbing Fee, Porzio Lane Project - Ross/Nor-Cai Investment Co. The City Manager reported upon review of the City codes, he could not find any provision to refund plumbing fees so Council must make a determination on this request. M/S Shoemaker/Schneiter to refund 80% of the plumbing fees to NorCal/Ross. The motion was carried by a unanimous voice vote. NOES: None. Unfinished Business 10a. Matter of Historical Preservation Committee i. Adoption of Resolution including Committee Appointments M/S Shoemaker/Schneiter to approve the Resolution establishing the Ad-Hoc Committee for Review of Historic Preservation Ordinances and postpone making the nominations to the Committee until the next meeting. Reg. Mtg. November 16, 1988 Page 4 206 Discussion ensued regarding any nominations from Council. Council determined more nominations were needed to adopt the Resolution at this meeting. Councilmember Shoemaker withdrew his prior motion. Councilmember Schneiter, the maker of the second, agreed. M/S Shoemaker/Schneiter to continue this item until next meeting. The motion was carried by a unanimous voice vote. 10b. Report on Diesel Fuel Tank, North Fire Station The Fire Chief reported that several months ago his staff informed him of an algae problem in the diesel fuel tank at Fire Station No. 2. Upon investigation, it was found that this is a common occurrence with all underground diesel fuel tanks and can be eliminated with placing an additive in the tank, which has been done, and there exists no algae problem now. Council accepted and filed this report. 10c. Report on Fire Safe Guidelines The Fire Chief reported on Fire Safe Standards for developments within wildland and urban interface area. He noted that he is in the process of developing these guidelines in Ordinance form and hopes to present them to Council soon. The Council accepted and filed the report. 10d. Matter of Use Permit 81-39, Airport Industrial Park The City Attorney requested continuation of this matter until the next meeting to allow him more time to review this subject. Council agreed to postpone this item until the December 7, 1988 meeting. lOe. Discussion of City Direction for Recyclin~ - Shoemaker Councilmember Shoemaker feels its time to start implementing a recycling program and requested Council to form an Ad-Hoc committee or Task Force comprised of five people, two from staff, two from Council and one Solid Waste Consultant. Discussion ensued. M/S Shoemaker/Hickey to setup a Task Force comprised of the City Manager, Solid Waste hauler, and two Councilmembers to discuss implementing recycling in Ukiah and report back to Council by March 31, 1989. The motion was carried by a unanimous voice vote. It was the general consensus of Council to appoint Councilmembers Shoemaker and Wattenburger to this Task Force. New Business lla. Redwood Business Park, authorize Notice of Non-Compliance The City Attorney reported that in order to be able to record the final map for the Redwood Industrial Park, the City previously agreed to accept in lieu of a corporate surety bond, an assignment of payments due to the developer (Gary Akerstrom) from Rogina Water Company. After the final map was recorded, Rogina Water Company informed the City it could not make payment to the City directly, only to E1 Dorado Estates Incorporated. After much correspondence, the City has still not received the monies and the City Attorney requested Council to notice Gary Akerstrom of intention to record the Notice of Non-Compliance of Redwood Business Park. Discussion ensued. Reg. Mtg. November 16, 1988 Page 5 207 Gary Akerstrom, North Counties Engineering, stated he has received no personal contact regarding this issue and stated that he has the money in his bank account. Discussion ensued. M/S Shoemaker/Henderson to give Gary Akerstrom 24 hours to pay the City the money owed, then file notice of intent to file Notice of Non-Compliance, if not paid. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: Councilmember Wattenburger. llb. Matter of Historic Preservation Grant - Facade Improvements - Old City Hall The Community Development Director reported on the State History and Archeology Grant Programs for preservation of real property listed as a California Historical Landmark or on the National Register, with a December 1, 1988 application deadline, noting that the Palace Hotel or the old City Hall may qualify. Discussion ensued over the feasibility of staff preparation time and costs, if grant monies would cover total costs, and the probability of being chosen. It was the general consensus of Council to not apply for this grant. Recess: 10:18 p.m. Reconvene: 10:24 p.m. llc. Matter of Holiday Meeting Schedule It was the general consensus of Council to cancel the December 21, 1988 Council meeting due to the holidays. lld. Presentation by Sun House Guild i. Update on current activities No representatives from the Sun House Guild were in attendance. ii. Discussion of Security Measures Councilmember Shoemaker reported the Sun House Guild has expressed concern to him over vandalism occurring to the air conditioner units and the need for security in the evenings and at special events. Discussion ensued. M/S Schneiter/Wattenburger to install a cage around the air conditioner exterior units and if this doesn't stop the vandalism, then install a fence. The motion was carried by a unanimous voice vote. lle. Discussion of Group Maintenance of City Facilities - Shoemaker Councilmember Shoemaker reported his evaluation of the City facilities grounds appearance is inadequate and feels it has gotten out of control with only two staff members and they are in need of some help. Discussion ensued pertaining to staff, trustees and contracting labor. It was the general consensus of Council to direct staff to evaluate the situation and report back on options at the next meeting on December 7, 1988. llf. Discussion of Regional Planning Commission - Shoemaker Councilmember Shoemaker reported on a conversation with Jim Eddy on the idea of a regional Planning Commission and they both agreed it is a good idea. It was the general consensus of Council for staff to provide a report on options regarding a Regional Planning Commission formation at the December 7, 1988 meeting. Reg. Mtg. November 16, 1988 Page 6 208 City Council Reports Congratulations were given to Councilmember Shoemaker on the birth of his firstborn on November 3, 1988, Nicholas Gardner Shoemaker. Councilmember Wattenburger Questioned why a City representative was not in attendance at the Russian River degradation meeting, reported he will attend a tour of the Golden Gate Bridge as a representative on the MTA Board. Councilmember Shoemaker Questioned who does the inspections for the sewer extension to Carousel Park, asked what is the status of the Enforcement Ordinance, indicated no more development should be allowed without landscape irrigation, requested the City take a stand regarding garbage incineration. Councilmember Schneiter Requested a Gobbi Street sewer line status report, also requested a status report on the Golf Course Sewer line, reported he attended an MCOG meeting November 7, 1988 and also a LAFCO meeting the same day, and expressed appreciation to Vince Cole in the City Engineering Department, who is retiring December 18, 1988, for his help and service to Pacific Bell. Councilmember Hickey Commented he is glad the election is over, and reported on the upcoming agenda of the NCPA meeting this Friday, December 18, 1988 regarding the draft Geothermal Operating Agreement. Mayor Henderson Reported on Governor Deukemejian's Young American Medals program requesting recommendations under 18 years old that are distinguished in acts of bravery or citizenship, reported on the meeting with the agriculture community yesterday regarding Prezoning, noted a date of December 15, 1988 to meet with Supervisors Butcher and Redding to discuss the golf course back nine, questioned what is the status on the skateboarders. ADJOURNMENT There being no further business, the meet_ing was adjourned at 11:28 p.m. Ca~-~yV~Ka~, City CJerk R: CCMIN4 Reg. Mtg. November 16, 1988 Page 7