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HomeMy WebLinkAboutMin 10-05-88MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - OCTOBER 5, 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, Public Works Director/City Engineer Pedroncelli, Community Development Director Harris, Finance Director Vara, Parks, Recreation and Cultural Arts Director McCarty 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 M/S Hickey/Henderson approved the City Council Minutes of the Regular Meeting of September 21, 1988, as submitted. 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 Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR Councilmember Shoemaker pulled Item 6f, Award of Bid - Utility Vehicle from the Consent Calendar. It then become New Business Item llc. Councilmember Schneiter pulled Item 6e, Award of Bid - Fire Engine Equipment from the Consent Calendar. It then became New Business Item lld. M/S Schneiter/Wattenburger approved the Consent Calendar Items 6a, 6b, 6c, 6d, 6g, 6h, and 6i as follows: 6a. Approved the Payroll Warrants of October 5, 1988, #22853 to #23000, in the amount of $106,623.68. 6b. Approved the General Warrants of October 5, 1988, #38940 to #39037 in the amount of $599,951.42. 6c. Denied the following Claim for Damages, Howard Cleaners, and referred to the Insurance Carrier. 6d. Awarded the bid for Construction of Water Main Improvements, Spec. No. 88-07A to Midgely Construction Company, in the amount of $80,183.00. (Base Bid plus Alternates No. 1 and No. 2). 6g. Awarded the bid for the Chlorine Gas and Sulfur Dioxide annual contract to Ail Pure Chemical Company in the amounts of $52.00 per 150 lb. cycls. chlorine, $360.00 per ton chlorine and $465.00 per ton of Sulfur Dioxide, effective October 6, 1988 through October 5, 1989. 6h. Adopted Resolution No. 89-13, Accepting the Negotiated Exchange of Property of Property Tax Revenues for the KUKI Road Reorganization (No. 87-6). 6i. Approved the Report of Administrative Actions and Proposals (R.A.A.P.). COMMENTS FROM THE AUDIENCE Susan Field, 658 No. Dora Avenue, presented each Councilmember a packet containing articles regarding recycling that she feels will be useful for research. Michael Sweeney, a member of the recycling group, stated he feels recycling is necessary and collection at curbside seems to be the key factor of successful programs. Requested this topic be agendized for later discussion. UNFINISHED BUSINESS lOa. Report on Parks, Recreation and Cultural Arts Commission The Parks, Recreation and Cultural Arts Director reported on the previous request that his Department sponsor the Youth Basketball program, indicating that staff would need to be added, and with the City assuming liability there would be increased costs which would have to be passed on to the participants which could reflect negatively upon the City. He recommended the program continue as it has in the past, with the director's duties performed by an independent contractor. Councilmember Shoemaker left the meeting at 7:47 p.m. and returned at 7:50 p.m. Discussion ensued. Marvin Howard, 2730 Oak Ct. Rd., resigning Youth Basketball Director, answered questions regarding the program, from Council. Discussion ensued. Councilmember Shoemaker stated he had hoped for a more positive approach from staff as he sees other Cities running athletic programs successfully and really wanted to see dollar figures projected and feels we can find the money to run this small program. M/S Shoemaker/Schneiter directed staff to take on the Youth Basketball program. Discussion ensued. Councilmember Shoemaker withdrew his motion. Councilmember Schneiter. It was agreed upon by M/S Shoemaker/Schneiter directed the Parks, Recreation and Cultural Arts Director to prepare a report for the next meeting looking at the money income, feasibility and direct costs, with comparisons, of taking over the Youth Basketball program. Discussion ensued. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. Marvin Howard, stated that recreation is big business and with volunteers doing the work, there is a need for a centralized organization to direct it, and feels the City's Parks and Recreation Department is ideal. The Director reported on two commissioner absences since April 11, 1988 and noted Code Section 1201 - Vacancy for Absence: "If a member of a Commission or Board described in Section 1200 of this code absents himself without permission from all regular meetings of such Commission or Board for 60 days consecutively from the last regular meeting he attended, his office becomes vacant and it shall be filled as any other vacancy." He noted the two absent Commissioners, Mr. Nichols and Mr. Pullins, have been notified with Mr. Pullins indicating his desire to remain on the Commission. It was the general consensus of Council that two vacancies exist, if Mr. Pullins is still interested, he is encouraged to reapply, and instructed the City Clerk to advertise the vacancies. The Parks, Recreation and Cultural Arts Director also reported that his department has always and will continue to take total responsibility for the scheduling of all City owned, non leased, athletic facilities. With general consensus, the Council accepted this report. The Parks, Recreation and Cultural Arts Director reported on the Vinewood Park Bathroom Closure seven years ago due to recurring vandalism. Discussion ensued. Motion by Councilmember Schneiter to remove the structure. The motion died for lack of a second. Reg. Mtg. October 5, 1988 Page 2 M/S Hickey/Schneiter to leave the structure as is. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Hickey. NOES: Mayor Henderson. PUBLIC HEARING 8a. Appeal of Planning Commission approval of Use Permit App. No. 88-101, 704 E. Perkins - D. Carter The Community Development Director reported on the Planning Commission's approval of Use Permit No. 88-101 allowing construction of a carwash on the north side of the Texaco Service Station at 704 E. Perkins. He indicated Mr. Carter's letter stated reasons of economic/competition within the City, and recommended that government not become involved with regulation of private business. Councilmember Shoemaker asked the City Attorney if there are any statutes regarding restrain of trade. The City Attorney said yes there are restraints of trade laws but not pertaining to land use. Public Hearing Opened: 7:41 p.m. Dick Sherman, 8615 Palo De Rd., Sacramento, stated when Mr. Carter started his business there were two rollover and one power wash in Ukiah, and with the construction of this new car wash, the total number of carwashes will remain the same. Bob Rinehart, 1975 Ridge Rd, stated he has gathered 300 signatures in favor of this project. Pete Carter, 428 Nokomis Dr., stated he is not anti-growth and is not against another car wash in Ukiah but is trying to say that too many of any one type of business is not good for the community. He indicated since the Planning department provides for the health and welfare of the community, it should also provide for the health and welfare of the business community. He also noted there are five exterior washes in the area and stated with only 5,000 rollover carwashes in the nation, our community would have 1/10 of 1% of the total rollover carwashes nationwide. Herb Flow, 2950 Mill Creek Rd., stated that 75% of the business at this location would come from the freeway. Bob Wattenburger, 611W. Clay St., requested this new carwash be allowed to help relieve the congestion on South State Street caused by Mr. Carter's power wash customer waiting lines. Public Hearing Closed: 7:47 p.m. M/S Schneiter/Hickey to uphold the Planning Commission's approval of Use Permit Application No. 88-101 and deny Mr. Carter's appeal. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. Recess - 7:49 p.m. Reconvened - 7:58 p.m. 9a. Presentation by EDAW, Preliminary Streetscape Design Guidelines - Workshop to Include Planning Commission and Members of the Community The Community Development Director reported on the July 7, 1988 Streetscape Design Workshop and introduced Cheryl Barton, project manager for EDAW. Mayor Henderson noted a phone call from Ollie Swain requesting to be kept on the mailing list although unable to attend this workshop. Planning Commissioners Knutson, Farr and Malone were present. Reg. Mtg. October 5, 1988 Page 3 The Project Manager for EDAW, along with assistants Craig Heckman and Mary Swanson presented the Preliminary Design Guidelines they have so far drafted. The City Manager indicated that this preliminary report provides for more than he expected regarding the public sector, and less than what the City needs for guidelines within the private sector, stating that the private development sector needs detailed guidelines so developers can include planting proposals with the plans when submitted to the Planning Department. Discussion ensued. John McGowen, 617 W. Clay, expressed concern for removal of downtown street parking for street trees and feels it could damage the downtown economy, if parking becomes even less than what exists now. The EDAW Project Manager replied that studies show trees are good for business. Mayor Henderson stated that Redevelopment funds could be used to create more parking. The EDAW Project Manager stated they will develop more detailed plans for the private sector, landscape plans and a working document for the Planning Staff to refer to. New Business lla. Discussion of Toy Distribution The City Manager reported on requests received for the toys that the City received from the Covelo Indian Tribal Community, and indicated there are enough toys to grant everyone's request with some left over. Discussion ensued. M/S Shoemaker/Wattenburger authorized the distribution of toys as per the requests, and adding the Community Center's request with the balance of toys to be distributed by the Mayor. The motion was carried by a unanimous voice vote of all AYE. llb. Authorize Application for California Against Waste Pro~ect The Assistant to the City Manager reported that the application deadline for this recycling project is October 14, 1988 with the selection to be announced October 28, 1988. She indicated support letters from the community, industry and businesses could be crucial to the success of the application, but there are only a few days to receive them by October 11, 1988. M/S Schneiter/Wattenburger authorized submittal of the California Against Waste application with recommendations. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. llc. Award of Bid - Utility Vehicle Councilmember Shoemaker questioned why some vehicles were excluded due to specifications. The Parks, Recreation and Cultural Arts Director quoted the bid letter received from Rainbow Irrigation acknowledging their product did not meet all specifications, but felt it could do the work. The Finance Director reviewed the bids and specifications submitted. Discussion ensued. Tim Preston, 11921 Elk Road, Upper Lake, representing Rainbow Irrigation, indicated their product meets all specifications and can get the job done at the Golf Course, and stated there are advantages in using a John Deere. Reg. Mtg. October 5, 1988 Page 4 M/S Schneiter/Henderson to award the bid to Motorsports of Ukiah. The motion was rejected by the following roll call vote: AYES: Councilmember Schneiter and Mayor Henderson. NOES: Councilmembers Wattenburger, Shoemaker and Hickey. It was the general consensus of Council when this item is put out for bid again, clarifying the specifications. lld. Award of Bid - Fire Engine Equipment Councilmember Schneiter questioned the procedure for tabulation of many items with selection of the lowest bid being random, and questioned if this was a normal procedure. The City Manager replied yes and explained the process of tabulating the bids. M/S Schneiter/Hickey awarded the bid for Fire Engine Equipment to the following: Cascade Fire Equipment, items No. 1, 18, 20, 26, 28, 30 and 33 in the amount of $4,903.72; Alan Curtis & Sons, items No. 2, 3, 4, 7, 8, 9, 10, 17, 19, 21, 22, 23 and 34 in the amount of $6,497.80; Halprin Supply Co., items No. 5, 6, 11, 12, 13, 14, 16, 24, 25, 29, 31 and 32 in the amount of $1,975.89; Wajax-Specific Fire Equipment for item No. 27 in the amount of $59.89. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey an Mayor Henderson. NOES: None. CITY COUNCIL REPORTS Councilmember Wattenburger Reported on the Mendocino Transit Authority meeting today. Councilmember Shoemaker Reported that the pile of weeds in the foyer is from him picking weeds, some big enough to hide behind, for five minutes at the Sun House and expressed anger in the non-maintenance of the City's Museums grounds, by City crews; indicated the City should express concern over more development on the east side of the valley with only one road access and requested this issue be agendized for the next meeting; noted Textile exhibit opening at the Museum Friday night; briefly discussed Measure A; commented upon his review of the Chamber of Commerce's Ukiah Video transcript, felt it lacking and will pursue this problem but may cause delay of Video; noted Mr. & Mrs. McCloud's donation to the City of Redbud trees, which he volunteered to plant himself. Councilmember Schneiter Reported on his ride along with Police last Saturday night; reported on the LAFCO conference in Monterey; noted no MCOG meeting; questioned why City crews were repairing a hole on a sidewalk on Seminary Avenue. Councilmember Hickey Unable to attend the NCPA meeting in Lake Tahoe, requested the City Manager to give a verbal report to Council, who noted it was a good meeting and will distribute the agenda to Council. Mayor Henderson Thanked Mr. & Mrs. McCloud for their donation of Redbud trees to the City; reported she attended the Mendocino Development Corporation meeting in Ft. Bragg; attended a REMIF meeting in Rohnert Park; dedicated the Totem Pole at the Sun House; presented a speech yesterday to the Rotary Club. ADJOURNMENT There being no further business, the meeting was adjourned at 10:09 p.m. R:CCMIN4 Cathy McKay, City Clerk Reg. Mtg. October 5, 1988 Page 5