HomeMy WebLinkAboutMin 11-02-88MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - NOVEMBER 2, 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, Assistant to the City Manager
Horsley, Public Works Director/City Engineer Pedroncelli, Finance Director
Vara, Fire Chief Mitchell, Parks and Recreation Director McCarty,
Administrative Secretary to the City Manager Stamelos, and City Clerk McKay.
INVOCATION/PLEDGE OF ALLEGIANCE
Councilmember Hickey delivered the Invocation and Councilmember Schneiter led
the Pledge of Allegiance.
APPROVAL/CORRECTION OF MINUTES
Mayor Henderson made corrections to the City Council Minutes of the Regular
Meeting of October 5, 1988, as follows: Page 2, second to the last sentence,
change reoccurring to recurring. Page 3, second to the last paragraph, change
H__e to Mayor Henderson and change Swean to Swain. Page 5, second paragraph,
second line, omit not to change to clarifying.
M/S Wattenburger/Hickey approved the City Council Minutes of the Regular
Meeting of October 5, 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
Councilmember Shoemaker pulled Item 6f, Water Treatment Application
Status/Safe Drinking Water Bond; it then became New Business Item llj; and
Item 6g, Award of Bid - Greens Aerator; it then became New Business Item Ilk.
Councilmember Hickey pulled Item 6k, Matter of AB 1600 - Developer Fees; it
then became New Business Item 111. Councilmember Wattenburger pulled Item 6d,
Report on Hydro Electric Plant Repairs; it then became New Business Item llm.
M/S Shoemaker/Schneiter approved the Consent Calendar Items 6a, 6b, 6c, 6e,
6h, 6i, 6j, 61, 6m, and 6n, as follows:
6a. Approved the Payroll Warrants of:
i. October 19, 1988, #23576 to 23722, in the amount of $101,524.61.
ii. November 2, 1988, #23723 to 23870, in the amount of $98,954.62.
Approved the General Warrants of:
i. October 19, 1988, #39038 to 39201, in the amount of $744,057.70.
ii. November 2, 1988, #39202 to 39336, in the amount of $1,638,556.93.
6b. Deny the following Claims for Damages and Refer to the Insurance Carrier:
i. Mr. and Mrs. Stewart Acker
ii. Larry R. Roberts
iii. Margaret Taylor
6c. Approved the Notice of Completion - Asphalt Concrete Surfacing on City
Streets.
6e. Approved Budget and Authorized Release of Funds - Main Street AB 1693.
6h. Awarded bid for a 5 KVA Uninterruptible Power Supply to Task Force
Solutions in the amount of $8,363.40.
6i. Awarded contract for construction of two Hangars and Site Improvements of
the Ukiah Municipal Airport to BDM Construction Company, Inc., in the
amount of $231,957 for the Base Bid plus Alternatives No. 2 and No. 3 in
the specifications.
6j. Referred the Matter of Adjustment of Golf fees to the Parks, Recreation,
and Cultural Arts Commission for review.
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November 2, 1988
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61. Approved the Notice of Final Completion for the Ukiah Civic Center.
6m. Accepted the resignation of Parks, Recreation, and Cultural Arts
Commission member, Jerry Newton.
6n. 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
Sheridan Malone, 305 Hillcrest Avenue, stated the City should make recycling a
City-wide endeavor, suggested Parks and Recreation Commissioners be Ukiah
residents and to be listed in the phone book, and noted that since a large
amount of money flows through the Softball Board, a separate commission should
be established to provide accountability to the City of Ukiah and its
residents.
Ariel Cody from Mariposa School introduced a group of children in costume who
gave a presentation to the Council by singing a song from their play, "Garbage
Cans Go On Strike," which will be featured November 11, 1988, at the Ukiah
Playhouse.
The Mayor thanked the students for their delightful presentation and reported
that the Council has adopted recycling as one of its goals to be implemented
within two years.
Audience applause.
Gail Critor, 1040 Helen Avenue, requested Council to incorporate curbside
pick-up for recycled materials.
James Connerton, 906 No. Oak, also requested a recycling program and feels it
can be done as in Seattle.
Mayor commented that Ukiah has applied to Californians Against Waste for a
grant to become a model city for implementing a recycling program.
Larry Shehe, Education Director of the Co-Op in Redwood Valley, noted they
have supported recycling for eight years as a business.
PETITIONS AND COMMUNICATIONS
9a. Petition from Downtown Ukiah Area Requesting Expansion of AB 1693 - Main
Street
The City Manager reported on a petition and map received from downtown signed
by 28 merchants requesting an expansion of the current map of the AB 1693
Downtown Improvement District.
Sheridan Malone, 305 Hillcrest Avenue, stated all of Main Street should be
included in the Main Street Program, not just half, and noted all businesses
that signed the petition are willing to double their yearly license fees for
financing the Main Street Program.
Discussion ensued.
It was the general consensus, with a verbal all AYE, to refer the map to the
City Attorney to see if the AB 1693 - Main Street area can be expanded.
PUBLIC HEARING
8a. Appeal of Planning Commission Denial of Variance Application No. 89-15,
579 Donner Lane - Washington
Community Development Director reported on the Planning Commission's denial of
a variance by Gordon Washington on September 28, 1988, for a six-foot fence
within the frontyard setback.
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November 2, 1988
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Discussion ensued.
PUBLIC HEARING OPENED - 7:07 P.M.
Sheridan Malone, 305 Hillcrest Avenue, noted he is a Planning Commissioner,
but stated his personal opinion that if the City granted all six-foot fence
variance requests, then Ukiah would become walled encampments and wants to
maintain the neighborhood appearance.
Pam Washington, 579 Donner Lane, referred to the petition signed by all
neighbors agreeing to a six-foot fence.
PUBLIC HEARING CLOSED - 7:13 P.M.
Councilmember Schneiter stated he cannot find anything to allow a six-foot
fence and feels it exceeds parity.
Mayor Henderson noted a similar request two years ago on the corner of
Carrigan and Empire was denied.
Councilmember Shoemaker reported he measured and observed the lot in question
and found a lot one block away with a 12-foot setback and feels a compromise
of a 12-foot setback has grounds.
M/S Schneiter/Shoemaker to uphold the Planning Commission's decision and deny
the appeal. The motion was denied by the following roll call vote: AYES:
Councilmember Schneiter and Mayor Henderson. NOES: Councilmembers
Wattenburger, shoemaker, and Hickey.
M/S Shoemaker/Hickey to grant the appeal allowing a six-foot fence with a
12-foot setback with the following findings:
1. Unusual circumstances exist due to the unusual configuration of the lot.
2. Similar variances have been granted to other properties in the vicinity.
3. It would not be detrimental to the health, safety, or welfare of persons
residing in the area.
The motion was denied by the following roll call vote: AYES: Councilmembers
Shoemaker and Hickey. NOES: Councilmembers Wattenburger, Schneiter, and
Mayor Henderson.
M/S Wattenburger/Shoemaker to uphold the appeal allowing a setback for a
six-foot fence starting at 20 feet curving to 12 feet and back to 20 feet with
the findings as previously mentioned in the prior motion.
Discussion ensued.
Councilmember Wattenburger amended the motion to allow the variance of a
six-foot fence constructed 12 feet from the back of the sidewalk in the same
manner as proposed in the staff recommendation illustration with the findings
as previously stated. Councilmember Shoemaker, the maker of the second to the
motion, agreed to the amendment. The motion was carried by the following roll
call vote: AYES: Councilmember Wattenburger, Shoemaker, and Hickey. NOES:
Councilmembers Schneiter and Mayor Henderson.
PETITIONS AND COMMUNICATIONS
9b. Letter requesting discussion of formation of Historical Preservation
Committee - Pruden
The City Manager noted the letter from Judy Pruden, requesting the formation
of an ad hoc committee to look at a possible historic ordinance for the City
of Ukiah.
Mayor Henderson requested a staff report by the next meeting with five
committee members to be appointed by Council. It was agreed upon by the
general consensus of Council.
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November 2, 1988
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9c. Letter from City of Lakeport regarding Thanksgiving Day Parade
Mayor Henderson requested Councilmember Shoemaker to ask the Ukiah Chamber of
Commerce to provide an entry in the parade on November 19, 1988, on behalf of
the City of Ukiah.
UNFINISHED BUSINESS
10a. Appointment of Parks, Recreation, and Cultural Arts Commissioners
The City Manager reported on four applications received by the City Clerk and
noted Ronita French lives out of the City limits.
Councilmember Schneiter requested to not fill any of these vacancies at this
meeting, noting the resignation letter just received tonight from
Thomas Cropp, and indicated the desire to extend and readvertise the openings
to hopefully receive more applications.
It was the general consensus of Council to make no appointments to the Parks,
Recreation, and Cultural Arts Commission, to keep the advertisement for the
positions open, with another vacancy opening November 7 for a total of four
vacancies, with the appointments to be made at the first Council meeting after
allowing time to notice and public the four vacancies.
10b. Appointment to the Library Advisory Commission
It was the general consensus of Council to keep this position open and make
the appointment at the same time as the filling of the Parks, Recreation, and
Cultural Arts Commission vacancies.
10c. Update on South Orchard Avenue Extension
The City Manager reported that at the meeting with property owners in this
area the question was brought up as to whether the vacant properties are
creating the need for the new road or is the whole area creating the need, and
now a decision is needed to form an assessment district or not to form one.
Discussion ensued.
M/S Shoemaker/Schneiter requested a proposal from staff to see how an
assessment district might work best. The motion was carried by a unanimous
all AYE.
RECESS to Redevelopment: 7:53 P.M.
RECONVENE: 8:25 P.M.
10d. Report on Budget Issues No. 7 and No. 8
The City Manager reported upon review of other trenchers on the market, a
better quality trencher was found to cost considerably more.
Discussion ensued.
It was the general consensus of Council to address New Business item llk. at
this time.
llk. Award of Bid - Greens Aerator
M/S Shoemaker/Schneiter awarded bid for a Greens Aerator to West Star
Distributing in the amount of $9,671.44 with the overbudgeted amount to come
from the removal of the trencher from purchase, and not to eliminate the red
rock for Anton Stadium from the budget. The motion was carried by the
following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker,
Schneiter, Hickey, and Mayor Henderson. NOES: None.
10d. Report on Budget Issues No. 7 and No. 8 (continued)
The Parks and Recreation Director reported that upon investigation of the Golf
Course sewer line occasionally backing up, the Public Works Department
recommended the best way to solve the problem is to install a new 6" lateral
sewer line with a two-way clean out system adjacent to outside the building
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November 2, 1988
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with a total estimated cost of $1,200.00 if work is to be done by the Public
Works crew.
It was the general consensus of Council to fix the Golf Course sewer line
before the rainy season.
10e. Report of Youths at Yokayo Shopping Center
The City Manager reported the problem seems to be resolved since the hiring of
private security by the Taco Bell owner.
Mayor Henderson recognized Mr. Douglas Carter's, owner of Pete's Power Wash,
thank you letter and noted appreciation for his patience.
lOf. Report on Youth Basketball
The Parks and Recreation Director reported upon receipt of information and
expenses incurred by the Youth Basketball Program 1987-88 from Marvin Howard,
he estimated a cost per player of $14.00 if the City of Ukiah operated this
program.
Discussion ensued.
M/S Schneiter/Wattenburger approved the City of Ukiah to operate the Youth
Basketball Program. The motion was carried by the following roll call vote:
AYES: Councilmember Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor
Henderson. NOES: None.
NEW BUSINESS
lla. Renewal of Lease Agreement - South Ukiah Little League
The City Manager noted it was the same basic lease with some requirement for
additional fencing.
M/S Shoemaker/Schneiter approved renewal of the Lease Agreement with the South
Ukiah Little League. The motion was carried by the following roll call vote:
AYES: Councilmember Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor
Henderson. NOES: None.
lib. Renewal of Lease Agreement - BMX Club
The City Manager noted the changes of fence requirements and banning overnight
parking after 10:00 p.m.
M/S Hickey/Schneiter approved the renewal of the Lease Agreement with the BMX
Club. The motion was carried by the following roll call vote: AYES:
Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor
Henderson. NOES: None.
llc. Supervisory Reorganization in Street, Water, and Sewer Divisions
i. Abolish position and create new position
ii. Revise position description
iii. Approve Salary levels
The Assistant to the City Manager reported on the reorganization within the
Street, Water, and Sewer Divisions as a vacancy incurred due to retirement of
a Street Supervisor. It was noted that this reorganization was not done for
money savings, but for reporting and supervising advantages.
M/S Hickey/Shoemaker approved the elimination of the Street Supervisor
position, adding a Street Attendant position and revised the position
descriptions of Water/Sewer Supervisor to Public Works Supervisor; Street
Leadworker to Street Maintenance Supervisor; and Water/Sewer Leadworker to
Water/Sewer Maintenance Supervisor; with the Public Works Supervisor salary to
be adjusted 10% above the current Water/Sewer Supervisor level and the Street
Maintenance Supervisor and Water/Sewer Maintenance Supervisor salaries be
Reg. Mtg.
November 2, 1988
Page 5
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adjusted to 5% above the current Street Leadworker and WaterSewer Leadworker
levels. The motion was carried by the following roll call vote: AYES:
Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor
Henderson. NOES: None.
lld. Matter of Institute of Museum Services Grant - Sun House
The City Manager reported that the Sun House Museum Contractor is submitting a
grant application for General Operating Support from the Federal Institute for
Museum Services for the Grace Hudson Museum and the Sun House. He noted the
request will be $16 to $17,000 and if awarded, will be used for personnel
~ervices to provide assistance to the curator for continued cataloguing of the
complete collection.
M/S Shoemaker/Schneiter approved Resolution No. 89-14 authorizing the City
Manager to sign certification for the Institute of Museum Services Grant. The
motion was carried by the following roll call vote: AYES: Councilmembers
Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson.
lle. Presentation of Maps of the Incorporated Ukiah Valley - City Manager
The City Manager presented maps depicting the Ukiah Valley with the City of
Ukiah sphere of influence that is overlapped by different water, sanitation,
and fire districts. He noted since the City Council has established a goal of
incorporating the Ukiah Valley, this map visibly shows the magnitude of the
issues to be solved.
The Council accepted the Presentation and Maps from the City Manager.
llf. Discussion of County Referrals, Vichy Springs and Beckstoffer - Shoemaker
Councilmember Shoemaker requested Council to send a message to the County that
it disagrees with the County allowing development on the east side of the
valley with only one egress and the Beckstoffer development plan.
Mayor Henderson noted for the record she has no conflict of interest in this
issue and will remain seated.
Discussion ensued.
M/S Shoemaker/Schneiter for staff to prepare a letter, mayor to sign, and send
to County Supervisors and to County Planning Department. It was the general
consensus of Council to send the letter as soon as possible.
llg. City Participation in Recycling - Wattenburger
Councilmembers Wattenburger indicated his desire that City Hall should do
their share in the recycling effort and should start by at least recycling
waste paper, using biodegradeable plastic bags and ban the use of styrofoam
products.
It was the general consensus of the Council for staff to research recycling
City Hall waste paper and to implement a recycling program within City Hall.
llh. City of Ukiah Fire Department - Wattenburger
Councilmember Wattenburger stated in the Municipal Code that Council can make
inquiries from Department Heads, but he was denied access by the City Manager
to the Fire Captain for information about Fire Safe Program guidelines. He
requested access to the Fire Captain for information regarding this program,
requested reports from the City Manager regarding the overpayment of firemen,
the vacancy of a firefighter position within the Fire Department, and the
status of diesel fuel tanks having possible contamination of water and algae.
The motion of Councilmember Wattenburger to proceed in hiring a firefighter
with letters of regret sent to Fire Captain applicants, with instructions to
not hire a Fire Captain; died for lack of a second to the motion.
Discussion ensued.
Reg. Mtg.
November 2, 1988
Page 6
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The City Manager reported that the overpayment to the firefighters payback
plan is not resolved at this time, but after meeting individually with the
firefighters involved, he wrote down their comments and will get back to them
with options that have to be approved by the City Attorney, and noted the
process may take four to six weeks.
The City Manager reported that back when negotiations with the Fire District
were occurring there was a Fire Captain position opening at that time, which
was not filled due to Fire District developments. Then the Fire Department
Chief decided to initiate a reorganization within the department and
recommended the hiring of a firefighter and abolish the Captain vacancy, since
the money was already budgeted for a position. The City proceded to fill the
firefighter vacancy. He stated that three weeks ago the Fire Chief decided
reorganization was not feasible, so the reorganization plan was dropped along
with the filling of the firefighter position. He reported that it is the Fire
Department that wants the command position of Fire Captain filled.
Discussion ensued.
Councilmember Shoemaker noted he has talked to personnel and staff and feels
this matter will be resolved as staff is sensitive to employees, and cool
heads will persevere.
Discussion ensued.
The City Manager stated the message is clear and although the Fire Department
may need a different approach regarding the chain of command, the answers went
out today to the employees via the chain of command.
Discussion ensued.
Councilmember Wattenburger requested a report at the next Council meeting
regarding diesel fuel tank contamination.
lli. Discussion of City Council Support for Measure A - Shoemaker
Councilmember Shoemaker requested Council to consider supporting the ballot
Measure A.
Helen Barrington, Point Arena, noted 17 other cities have passed similar
measures and requested Council to endorse Measure A.
Charles Peters, Point Arena, described the procedures within Measure A
prohibiting onshore development.
Councilmember Hickey noted that he has lived on the coast with onshore
facilities and feels they can be constructed in a neat and clean manner.
Councilmember Shoemaker commented this gives the citizens the right to decide
for or against onshore development.
Nelson Redding, Luce Avenue, noted if there is natural gas out in the ocean
that we need it for growth, but is opposed to oil drilling off the Coast. He
commented that the future needs to be addressed and the County Supervisors are
here to protect the County and the environment.
M/S Shoemaker/Wattenburger for the City Council to support a yes vote on
Measure A on November 8, 1988. The motion was carried by the following roll
call vote: AYES: Councilmember Wattenburger, Shoemaker, Schneiter, Hickey,
and Mayor Henderson.
NOES: None.
RECESS: 10:43 P.M.
RECONVENE: 10:51 P.M.
llj. Water Treatment Application Status
Councilmember Shoemaker questioned the change in priority on our application
for a grant/loan for the water filtration plant at our Ranney Collector.
Reg. Mtg.
November 2, 1988
Page 7
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The City Manager stated that the need for a water filtration plant is now
viewed as less critical by the Department of Health Services (DOHS),
therefore, funding is not a priority although the Santa Rosa Office of the
DOHS will continue to press for the building of a plant under the terms of our
permit.
Discussion ensued.
M/S Shoemaker/Schneiter received October 7, 1988 letter from the Department of
Health Services and directed staff to proceed with RFP's for Engineering Study
of our Water System as required by the DOHS Permit.
111. Matter of AB 1600 - Developer Fees
M/S Hickey/Henderson approved this previous consent item. The motion was
carried by the following roll call vote: AYES: Councilmember Wattenburger,
Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None.
llm. Report on Hydro Electric Plant Repairs
Councilmember Schneiter asked when the plant repairs will be done.
Electric Utility Director Roper answered, hopefully by November 15, 1988.
M/S Wattenburger/Schneiter approved this consent item. The motion was carried
by the following roll call vote: AYES: Councilmember Wattenburger,
Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None.
Nelson Redding, Luce Avenue, reported that there will be no raising of the
level of Coyote Dam due to earthquake faults in the area, noted he heard the
comments tonight and feels we should all sit down and resolve these issues,
commented he agrees that there are problems with Vichy Springs and Beckstoffer
developments, but doesn't know how to go about handling it, and noted the
County Supervisors have the same problem as we do and they have to protect
their revenues.
CITY COUNCIL REPORTS
Counctlmember Wattenburger
Was not able to attend the MTA meeting due to sickness.
Councilmember Shoemaker
Reported he missed all meetings last month, noted an invitation from
Nelson Redding for a meeting with a panel regarding the Russian River
degradation, the Sun House Board of Trustees has hired a grant writer that is
preparing a fundraising event, noted the orientation video paid by Pacific
Bell is moving along, reported the Chamber video screening is in two weeks,
noted the EDAW comment on the Cedar Trees on Seminary Avenue, commented about
the interest expressed at the Hauser Redevelopment regarding a commuter train
from Ukiah to Santa Rosa.
Councilmember Schneiter
None.
Councilmember Hickey
None.
Mayor Henderson
Attended the Sanitation District meeting, reported on the meeting with the
Agriculture Community regarding Prezoning, noted she was a judge at the
Costume Contest at Community Hospital, commented that the Christmas tree
lighting ceremony should utilize the Civic Center steps, reported on the NCPA
meeting in Santa Rosa with Congressman Bosco and commented that the League of
California Cities Annual Conference in San Diego was successful.
Reg. Mtg.
November 2, 1988
Page 8
2OO
Closed Session
The City Attorney recommended that Council go into Closed Session under the
Pending/Threatened exception to the Brown Act, Section 54956.9, Subsection B,
to discuss Potential Litigation - County of Mendocino Annexation Dispute and
Ukiah Valley Fire Protection District v. City of Ukiah, County of Mendocino,
Case No. 56504 and to instruct our negotiation regarding the lease, sale or
exchange of real property on the back 9 holes of the golf course with the
County.
M/S Hickey/Schneiter to go into Closed Sessions to discuss the following:
i ·
Potential Litigation - County of Mendocino Annexation Dispute
Ukiah Valley Fire Protection District v. City of Ukiah, County of
Mendocino, Case No. 56504
The motion was carried by a unanimous voice vote of all AYE.
Council went into Closed Session 11:23 p.m.
Council reconvened at 12:50 p.m.
M/S Shoemaker/Schneiter authorized the City Attorney to litigate issue of
whether County can refuse to file resolution with LAFCO agreeing to allocation
of property taxes after annexation because City refuses to negotiate other
issues, the motion passed with a unanimous voice vote of all AYE.
ADJOURNMENT
There being no further business, the meeting was adjourned at 12:55 a.m.
R:CCMIN4 Cathy M~ay, City Ilerk
Reg. Mtg.
November 2, 1988
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