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HomeMy WebLinkAboutMin 09-07-88176 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - SEPTEMBER 7, 1988 The City Council convened in a regular session at 6:30 p.m., in the Council Chambers at the Civic Center, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Shoemaker, Schneiter, Hickey and Mayor Henderson. Absent: Councilmember Wattenburger. Staff present: City Manager Payne, City Attorney Rapport, Public Works Director/City Engineer Pedroncelli, Community Director Harris, Assistant to the City Manager Horsley and City Clerk McKay. INVOCATION/PLEDGE OF ALLEGIANCE Public Works Director Pedroncelli delivered the Invocation and Mayor Henderson led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES Mayor Henderson made corrections to the City Council Minutes of the Adjourned Regular Meeting, Electric Department "Big Picture Report," August 16, 1988 as follows; Page 2, 1st paragraph, line 5, change 46% to .046. Page 3, 7th paragraph, line 4, add ~nd report after the word information. Page 3, 8th paragraph, omit to August 17, 1988 at 6:30 p.m. Councilmember Hickey made corrections to the City Council Minutes of the Regular Meeting of August 17, 1988, page 4, item 10b, Title, Change Insurance to Transmission and Page 4, item 10bi Title, add ~roject. to the end. Councilmember Shoemaker made corrections to the City Council Minutes of the Regular meeting of August 17, 1988, page 5, under 10c, 3rd sentence, after $5.00 each; add manufactured at Microphor, Inc. and are. Page 5, last paragraph, 2nd sentence change County to City. Mayor Henderson made corrections to the City Council Minutes of the Regular Meeting of August 17, 1988 as follows; Page 4, 2nd paragraph, 1st sentence change postpone to continue, 2nd sentence change till to to. Page 4, 3rd paragraph omit CLOSED- and add continued until September 7. P-~ge 4, Item 10a, first sentence change reset to set. Page 4, Item 10b, first sentence, remove () from the word TANC. Page 5, Item 10e, add new first paragraph reading, "Mayor Henderson reported on a proposal by Redwood Empire League of California Cities to have a structured dues schedule based on population." Page 5, Item 10e, first sentence add after reported, by this new schedule Ukiah's dues would increase. Page 5, Item 10e, second sentence after this, add new rate structure. Page 5, Item 10e, second paragraph, first sentence omit increase and add to the second sentence Redwood Empire Division before the word "League. Page 5, Item 10e, omit third paragraph and enter this subject with the roll call vote on page 1 after the subject of Approval/Corrections of Minutes. Page 5, Item 10f, omit the word monies and replace with services from lines 7, 9 & 10. M/S Shoemaker/Hickey approved the City Council Minutes of the Adjourned Regular Meeting Electric Department "Big Picture Report" of August 16, 1988, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. ABSENT: Councilmember Wattenburger. M/S Shoemaker/Schneiter approved the City Council Minutes of the Regular Meeting of August 17, 1988 as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. ABSENT: Councilmember Wattenburger. RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. 177 CONSENT CALENDAR M/S Hickey/Shoemaker approved the Consent Calendar Items 6a, 6b, 6c, 6d, and 6e as follows: 6a. Approved the Payroll Warrants of September 7, 1988, #22541 to #22696, in the amount of $I01,760.43. 6b. Approved the General Warrants of September 7, 1988, #38661 to #38788, in the amount of $723,623.81. 6c. Denied the following Claims for Damages and referred to the Insurance Carrier; i. Julie Smith ii. Timothy Nelligan 6d. Awarded bid for Asphalt Concrete Resurfacing Project Spec. No. 88-30 to Parnum Paving in the amount of $66,377.50. 6e. Approved the Report of Administrative Actions and Proposals (R.A.A.P.). The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. ABSENT: Councilmember Wattenburger. COMMENTS FROM AUDIENCE None. 9a. Letter from League of Women Voters of Ukiah, Inc., Requesting Waiver of Fees for Use of the City Council Chambers The City Manager reported on a letter received from the League of Women Voters requesting use of the Council Chambers for no charge. He noted that there are service clubs that may be willing to pay the $100 fee so that the League may hold their Candidates Night Debate in the City Council Chambers, and that the current policy of Chamber rental does not make exceptions. He indicated to the Council that there are some costs incurred during use and if they desire to promote this facility use, a fund could be set up to handle the costs and provide excellent public relations. Discussion ensued. Councilmember Hickey stated the League of Women Voters provides a valuable service to our community and feels an exemption from our fees is appropriate for either the Council Chambers or the Sun House meeting room. Joy Oswell, 1326 So. Helen Avenue, thanked Councilmember Hickey for his support, noted they have a Candidates Night for every City, County and State election, and hopes to consolidate with other groups that have their own Candidate Forums. She explained with the printing expenses so high, there is no money left over to rent buildings and with no younger members to help set up tables and chairs she feels the Council Chambers is the perfect place since it is all set up with chairs, podium and microphones and noted there have been no refreshments served. Discussion ensued. M/S Shoemaker/Schneiter granted the League of Women Voters request for free use of the Council Chambers for Candidates Night. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. ABSENT: Councilmember Wattenburger. PUBLIC HEARINGS - 7:00 P.M. Sa. ~djustment of Fees and Charges - Solid Waste Disposal Site - Continued from August 3, 1988. The City Manager noted a letter received from A1 Beltramt, August 24, 1988, explaining the County's hesitation on paying the Solid Waste Disposal Site fee of $172,000 billed by the City of Ukiah, stating the County's belief is that the proper and equitable way to fund Solid Waste is a charge to users. Reg. Mtg. September 7, 1988 Page 2 178 Councilmember Schneiter questioned how is the City of Ukiah going to collect this fee. Discussion ensued. Continued Public Hearing Opened - 7:14 p.m. No one came forward. Continued Public Hearing Closed - 7:15 p.m. Councilmember Shoemaker reported on a phone call received from Councilmember Wattenburger who was detained in Southern California on a fire, requesting this Agenda's Public Hearings held over. Council concurred these Public Hearings had already been held over resulting in lost revenue to the City and agreed to proceed. Discussion ensued. M/S Shoemaker/Schneiter to approve the Resolution adjusting fees and charges at the Ukiah Municipal Solid Waste Site, effective October 1, 1988. The motion was defeated by the following roll call vote: AYES: Councilmembers Shoemaker and Mayor Henderson. NOES: Councilmembers Schneiter and Hickey. ABSENT: Councilmember Wattenburger. M/S Schnetter/Hickey approved the Resolution adjusting fees and charges at the Uktah Municipal Solid Waste Site with the amendment of Section C, fees pertaining to vans and pickups without sideboards, to $4.50 per load up to top of cab, effective October 1, 1988. The motion was carried by the following roll call vote: AYES: Councilmember Schneiter, Hickey and Mayor Henderson. NOES: Shoemaker. ABSENT: Councilmember Wattenburger. e Continued Public Hearing from August 17, 1988 b. Matter of Fee Increases for City Services i. Adoption of Ordinance No. 1880 authorizing establishment of fees - Engineering Services and Community Development. M/S Hickey/Schneiter to read Ordinance No. 880 by Title only. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmember Wattenburger. The City Clerk read Ordinance No. 880 by Title Only. M/S Hickey/Shoemaker adopted Ordinance No. 880, amending Sections 8211, 9208, 9229(a) and 9260 of the Uktah City Code, providing for Fees and General Plan Amendments. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. ABSENT: Councilmember Wattenburger. ii. Adoption of Resolution Establishing Engineering Services Fees The City Manager requested that a letter received today from the North Coast Builders Exchange be entered into the agenda packets and records. Council agreed. The City Engineer explained comparisons of fees for engineering services in the Cities of Sonoma, Lakeport, Healdsburg, Santa Rosa, with new proposed fees in Ukiah. He noted current fees in Ukiah for the Council. Discussion ensued. iii. Adoption of Resolution Establishing Community Development Fees The Community Development Director reported on comparison of planning fees of other jurisdictions of Santa Rosa, Sebastopol, Healdsburg, Cloverdale, Lakeport, Mendocino County, Ft. Bragg and Willits, noted similarity of variance and use permit requirements by Mendocino County and the City of Ukiah and reviewed an analysis of costs and revenues to process applications. Reg. Mtg. September 7, 1988 Page 3 179 Discussion ensued. Continued Public Hearing on Engineering Service Fees Opened - 7:46 P.M. James Lohr, 216 W. Perkins St., thanked the Council for postponing this hearing which allowed the North Coast Builders Exchange to write a reply, which was submitted today. George Baffico, 910 Waugh Lane, questioned amounts in Budget for Engineering and Planning fees, noted projected revenues for new personnel positions with Department of Planning still operating in debt, requested Council to analyze. Continued Public Hearing Closed on Engineering Service fees - 7:50 p.m. Continued Public Hearing Opened on Community Development fees - 7:50 p.m. No one came forward. Continued Public Hearing Closed on Community Development fees - 7:51 p.m. Councilmember Schneiter indicated he prefers a gradual change in fees instead of raising fees as high, so fast. The City Manager stated the concept of slowed increase is possible but this increase in fees is to provide a new position to give better service now and not to just cover costs. Discussion ensued. M/S Henderson/Shoemaker adopted Resolution establishing fees for Engineering Services effective January 1, 1989. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schnetter, Hickey and Mayor Henderson. NOES: None. ABSENT: Councilmember Wattenburger. Councilmember Schneiter requested staff to report back to Council regarding future level of service to the community by the Engineering Department. Discussion ensued regarding proposed community development fees. M/S Shoemaker/Hickey approved Resolution revising fees for planning and zoning activities, with amendment to the appeals of Planning Commission and City Council fees to -0- each, with effective date of January 1, 1989. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey and Mayor Henderson. NOES: Councilmember Schneiter. ABSENT: Councilmember Wattenburger. RECESS 8:49 P.M. RECONVENE 9:00 P.M. PETITIONS AND COMMUNICATIONS 9b. Set date for Public Hearing - Appeal of Planning Commission approval of Use Permit App. No. 88-101 - Carter. The City Manager reported on a letter received from Douglas Carter requesting this appeal be heard at the Council meeting after September 21, 1988, due to his inability to be present at the September 21, 1988 Council meeting. The Community Development Director noted the other party was notified the appeal was scheduled for the September 21, 1988 meeting. Council agreed to set the date to October 5, 1988 and requested any objections to come forward. Bob Rinehart, 975 Ridge Road, indicated his desire to appeal this appeal as he has a contractor waiting and indicated displeasure at the intended restriction of free enterprise. Mayor Henderson asked Mr. Rinehart if the October 5, 1988 public hearing date is satisfactory with him. Reg. Mtg. September 7, 1988 Page 4 180 Mr. Rinehart replied yes, it is fine with him. 9c. Request for delay in Prezoning of Agricultural Land - Mendocino County Farm Bureau - March. Mayor Henderson stated she has no problem with delay until November which will allow her to discuss the prezontng and AE 10/40 issue with the farmers and their committee. It was the general consensus of Council to put both the prezone and AE 10/40 issues on hold and requested Staff not to advertise the Public Hearing on September 21, 1988 and to write a letter to the Mendocino County Farm Bureau regarding a meeting. UNFINISHED BUSINESS 10a. Update and Report on Youths at Yokayo Shopping Center Area. The City Manager reported on the Police Chief's memorandum stating that although Taco Bell's owner, Mr. DeMars, agreed to hire private security between the hours of 11:00 p.m. to 1:00 a.m. on Friday and Saturday nights, he has not done so, noted although one sign has been posted and cooperation from Taco Bell employees in calling the police, there are still crowds gathering. Discussion ensued. Pete Carter, 428 Nokomis Drive, stated he still has to be there every Friday and Saturday night and it is his private security service that is calling the police, noted urination outside is still a problem and feels the Police Department should not have to provide security as it is the business that is causing the problems, responsibility to provide security. Council agreed and requested Staff to issue one more warning to Taco Bell's owner to provide private security. 10b. Request of waiver of curbs, gutters and possibly sidewalks on Hastings Road - Jack Cox Realty, Inc. The City Manager noted the letter received yesterday from Jack Cox requesting withdrawal of this item from the agenda. I0c. Adoption of Ordinance No. 881, Amending Ordinance No. 853 Authorizin~ TANC to Issue Revenue Bonds, Notes and Other Evidences of Indebtedness. M/S Hickey/Schneiter to read Ordinance No. 881 by Title only. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmember Wattenburger. The City Clerk read Ordinance No. 881 by Title only. M/S Hickey/Shoemaker adopted Ordinance No. 881, amending Ordinance No. 853 authorizing TANC to issue Revenue Bonds. Notes and other evidences of indebtedness. The motion was carried by the following roll call votes: AYES: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. ABSENT: Councilmember Wattenburger. NEW BUSINESS 1la. Authorize City Manager to Execute A~reement with Resource Management International, Inc., for Consultant Services/WAPA Allocation. The Electric Utility Director reported that with the City of Ukiah's contract with Western Area Power Agency expiring in 1994, there is a need to protect the current allocation of power and to extend existing contracts, and feels it is in the City of Ukiah's best interest to employ RMI, Inc., who are qualified and employ Staff that was previously employed by WAPA, and therefore, well versed in the process. He noted the final form is to be approved by the City Attorney. Reg. Mtg. September 7, 1988 Page 5 181 Discussion ensued. M/S Hickey/Henderson authorized City Manager to execute agreement with RMI, Inc., for consultant services/WAPA Allocation. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. ABSENT: Councilmember Wattenburger. lib. Authorize City Manager to Execute A~reement with Harding-Lawson Association for Solid Waste Site Calderon Air Quality Study. The Public Works Director reported on four proposals received from firms to provide an Air Quality Study at the Ukiah Municipal Solid Waste Site complying with AB 3525 (Calderon Bill) and indicated that Harding-Lawson Associates provided the best price with the best qualifications, although they are not the low bid. Discussion ensued. M/S Schneiter/Shoemaker authorized the City Manager to execute Agreement with Harding-Lawson Association for Solid Waste Site Air Quality Study complying with AB 3525. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. ABSENT: Councilmembers Wattenburger. llc. Discussion of Californians A~ainst Waste Recyclin~ Pro~ect. Mayor Henderson noted receipt of notification of a new project sponsored by the Department of Conservation, Division of Recycling and to be performed by Californians Against Waste (CAW), a statewide, non-profit private agency, that will work with one California community that presently has little or no recycling activities to research, coordinate and implement a recycling planning program in that community, which upon completion CAW will present the City with a recycling plan. It was the general consensus of the Council to have Staff in conjunction with Jamie Williams of Ukiah Solid Waste, to prepare the application for the (CAW) project. Coucilmember Shoemaker will be the liason. RECESS: 9:48 P.M. to Redevelopment Agency. RECONVENE: 10:13 P.M. lid. Request for support of the County Acquirin~ and Developin~ the Palace Hotel as a County Administrative Buildin~ - Henderson. It was the general consensus of the Council to issue support to the County regarding location of County Administration in the Palace Hotel or any downtown site. CITY COUNCIL REPORTS Councilmember Shoemaker None. Councilmember Schneiter Noted there was no MCOG meeting in September with a LAFCO meeting last three days in September. Councilmember Hickey Requested Councilmember Shoemaker to comment on the NCPA luncheon meeting. Councilmember Shoemaker Commented he was very impressed with the August 25, 1988 NCPA lunch meeting at the Sun House and enjoyed doing a little public relation work for the Sun House. Reg. Mtg. September 7, 1988 Page 6 182 Mayor Henderson Thanked Cathy McKay and Candace Horsley for putting on the Employee/Council Bar-B-Que picnic at the City Park, August 21, 1988; she attended the Redwood Empire League of California Cities in Fortuna, reported on the luncheon meeting September 6, 1988 with Marilyn Butcher and Nelson Redding, Mendocino County Supervisors; reported on the City Select Committee meeting today with the Mayors from four cities followed by a luncheon. ADJOURNMENT There being no further business, the meeting was adjourned at 10:18 p.m. to September 13, 1988 at 8:30 a.m. C~thy hc~y, City~erk Reg. Mtg. September 7, 1988 Page 7