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HomeMy WebLinkAboutMin 08-03-88158 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - AUGUST 3, 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, CA. Roll call was taken and the following Councilmembers were present: Shoemaker, Wattenburger, Hickey, Schneiter and Mayor Henderson. Staff present: City Manager Payne, City Attorney Rapport, Public Works Director/City Engineer Pedroncelli, Community Development/Assistant Redevelopment Director Harris, 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 Shoemaker led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES Councilmember Hickey made a correction to the City Council Minutes of the Regular Meeting of July 6, 1988, as follows: Page 5, 1st paragraph after Budget Grand Total amounts, 3rd line, change the word pare to pass. M/S Hickey/Schneiter approved the City Council Minutes of the Regular Meeting of July 6, 1988, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Wattenburger, Hickey and Schneiter. NOES: None. ABSENT: None. ABSTAIN: Mayor Henderson. 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 Consent Calendar Item 6e, Report of Administrative Actions and Procedures (R.A.A.P.). Item then became New Business 10g. M/S Councilmembers Hickey/Wattenburger approved the Consent Calendar Items 6a, 6b, 6c, and 6d, as follows: 6a.i. Approved the Payroll Warrants of July 20, 1988, #22025 to #22183, in the amount of $113,605.77. Approved the General Warrants of July 20, 1988, #38269 to #38404, in the amount of $807,039.85. ii. Approved the Payroll Warrants of August 3, 1988, #22184 to #22344, in the amount of $122,249.88. Approved the General Warrants of August 3, 1988, #38405 to #38490, in the amount of $189,557.24. 6b. Deny the following Claims for Damages and Refer to the Insurance Carrier: i. Glen Donalson ii. Nathantel and JoAnne Johnston iii. Home Rental Center 6c.i. Awarded bid for Methane Boiler Repair at the Sewage Treatment Plant to Reliance Enterprises, in the amount of $8,950.00. ii. Awarded bid for Padmount Transformers 120/208 to WESCO, in the amount of $33,753.58. iii. Awarded bid for Padmount Transformers 120/240 for items 1 and 3 to Howard Dunn Co., in the amount of $16,175.60, and items 2 and 5 to Maydwell & Hartzell, in the amount of $18,889.20, and item 4 to WESCO, in the amount of $4,244.24 with the total award being $39,309.04. iv. Awarded the bid for Various Underground Cable for item 1, to WESCO, in the amount of $14,360.12 and item 2, to Pirelli Cable Corp., in the amount of $7,960.60 and item 3, to Western States Electric, in the amount of $5,368,90 with the total award being $27,689.62. 6d. Authorized the Execution of Change Order to John E. Low, Electrical Contractor. 159 The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Wattenburger, Hickey, Schneiter and Mayor Henderson. NOES: None. Councilmember Schneiter requested that COMMENTS FROM THE AUDIENCE portion of the agenda be moved up earlier in the format of the agenda to allow the Public to speak earlier in the meeting instead of waiting hours to speak. There was discussion as to possible new legislation regarding this issue. The City Attorney stated upon a quick check there is no known legislation at this time. Council requested COMMENTS FROM THE AUDIENCE be placed before PUBLIC HEARING by staff on any subsequent agendas. PETITIONS AND COMMUNICATIONS 8a. Letter from Board of Supervisors opposing Prezone Application No. 88-100, Gobbi-Talma~e area. The Community Development Director explained the letter from the Board of Supervisors opposing prezoning of agriculture lands because they feel it can only be effective upon annexation. He reported that the Planning Commission postponed the prezone hearing until November 9, to allow more input from the agriculture community. The Council received and filed the letter from the Board of Supervisors. 8b. Matter of Communication Re~ardin~ "Nuclear Weapons Free Zone". The City Manager noted receipt by the City Clerk of petitions signed by citizens requesting placement of a Nuclear Free Zone Issue on the ballot. Upon examination by the City Attorney, the petitions did not qualify as legal Initiative Petitions. Upon request by the City Clerk to Marsha Young, County Recorder, who verified the signatures; it was found less than 350 signatures qualified as per the Elections Code Sections 3707 and 3708. The City Manager explained how a special election in November would approximately cost the City $7,000, or a later special election possibly $11,000, with the regular election in June 1990, there would be no added cost to put this measure on the ballot at that time. Ted Bertsch, 1356 Helen Avenue, explained how their group of people started in Fall of 1987 the complicated initiative process to place the Nuclear Weapons Free Zone on the ballot. The Council denied their previous request to establish an Ordinance and instructed them to gather petitions, and he feels they have complied even though there are minor technicalities which prevent the initiative petitions from being legal. Rev. John Kraps, 390 W. Smith, noted 700 signatures were declared invalid because people did not write "Ukiah" after their street addresses. Requested the Council to put this issue on the November ballot. Louis Kline, 1391 W. Smith, noted the combined Nuclear power in this world equals 1,500,000 times the power of the Hiroshima Bomb. Steve Turner, 219 Magnolia, requested the Council to put this issue on the ballot. Kevin Murphy, 813 Maple, referred to the costs as stated by the City Manager and hopes that the City doesn't feel democracy is too expensive. Bob Wattenburger, 61I W. Clay Street, stated if it weren't for the Atomic Bomb, we all wouldn't be here and requested the Council not to put this on the ballot. Reg. Mtg. August 3, 1988 Page 2 160 Louie Cardwell, 209 Park Court, stated that out of 21 churches in the City only the Methodist Church is backing this initiative and one church is a very small percentage. He personally observed 5 people refusing to sign the petition before one person did sign it. Samual Kline - corner of Bush and Empire Drive, stated that in Nazi Germany there were only one or two churches that took a stand for what they believed in and that only one church involved in this issue is not relevant. Feels someone has to send the message to Washington D.C., to not allow the destruction of the planet by Nuclear Weapons. Council discussed the petition and the issue of the lower expense of putting the proposed measure on the ballot for this November's ballot versus maybe a special election sometime next year. M/S Shoemaker/Henderson to adopt a Resolution to put this measure on the November 1988 ballot and to sign an agreement with the County of Mendocino for consolidating election services. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Wattenburger, Hickey, Schneiter and Mayor Henderson. NOES: None. RECESS: 7:26 P.M. RECONVENED: 7:32 P.M. PUBLIC HEARING 7a. Adjustments of Fees and Charges at the Solid Waste Disposal Site. Public Works Director/City Engineer explained increasing costs at the Site due to regulatory requirements with expensive fill and cover operations. He reported present revenue does not keep pace with expected costs or allow building of reserves for future mandated closure and post closure programs, and recommends adjustment of fees and charges as submitted. Councilmember Shoemaker asked the Public Works Director with the County of Mendocino not paying their annual payment of $172,000 are they operating in the red? The Public Works Director/City Engineer stated that is correct. Also the last rate increase was in 1981. Discussion ensued pertaining to amounts stated in budget, revenues and costs. Public Hearing Opened - 7:45 p.m. Pete Carter, 428 Nokomis Drive, asked if the $3.00 charge for garbage cans means each can in which case his truck holds 12 cans and that would total $36.00. The City Manager explained the $3.00 charge is a single can rate but a truck full of cans would be charged the truck rate. Mr. Carter feels there is already a problem with City dumpsters being filled by non-authorized users and this proposed increase in dump fees would compound the problem even more. Robert Thornsberry, 622 Capps Lane, new Manager of Modern Solid Waste that collects garbage outside of the City limits, asked that this item be postponed to allow him to analyze this new rate structure which would be a 90% increase to his company. Charles Williams, #3 Betty Street, is personally concerned about the lack of recycling and feels a recycle program would help cut the amounts of waste and therefore the costs at the site and would like to see a recycling program started. Public Hearing Closed - 7:50 p.m. Reg. Mtg. August 3, 1988 Page 3 161 Councilmember Schneiter feels that the County not paying their share of costs and the lack of recycling, along with this proposed increase, there would be a major impact on the City and County residents. Discussion ensued. M/S Shoemaker/Schneiter to reagendize this proposed adjustment of fees and charges at the Solid Waste Disposal Site until October 5th Council Meeting. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Wattenburger, Hickey and Schneiter. NOES: Mayor Henderson. PETITIONS AND COMMUNICATIONS 8c. Letter from Ukiah Players requestin~ monthly installment payments for Water Main Construction. Mayor Henderson read communication from the Rotary Club of Ukiah offering to loan the Ukiah Players the amount of money needed to connect the 4 inch water main by the City of Ukiah, at cost, for their fire sprinklers. The Rotary Club will allow monthly installment reimbursement by the Ukiah Players. Susan Keegan, 120 Whitmore Lane, was delighted at this unexpected outcome and expressed her gratitude to the Council and thanked the Rotary Club of Ukiah for their offer. RECESS: 8:19 P.M. to Redevelopment RECONVENED: 8:24 P.M. UNFINISHED BUSINESS 9a. Set date for Study Lesson - Electric "Big Picture" - August 16, 1988, 8:30 a.m. Council agreed to meet on August 16, 1988 at 8:30 a.m. for review of the Electric Rate System. 9b. Report regarding Youths at Yokayo Shopping Center Area The City Manager reported on a meeting held with himself, Police Chief Keplinger, Captain John Williams, Assistant to the City Manager Candace Horsley, Taco Bell owner Roland DeMars and Taco Bell Manager Rudy Banda. Solutions were discussed and at the close of the meeting it was agreed upon that: 1. Mr. DeMars would post signs in the parking lot that stated parking places were for Taco Bell patrons only after 9:00 p.m. 2. Mr. DeMars would hire a security guard if the youths returned in large groups, between the hours of 10:00 p.m. and 1:00 a.m. 3. Mr. Banda, Taco Bell Manager, agreed to call the police when a crowd started to form and to help identify the dissenters and drinkers in the group. 4. If the following solutions don't work, sections of the parking lot may be closed to all vehicles. Doug Carter, 428 Nokomis Drive, stated the police have done a great job but after they leave the youths return half hour later and the problem starts again. Alcohol is a major problem. Mayor Henderson instructed staff to report back to Council in two weeks. Doug Carter informed the Council he would be out of town at that time and requested it be postponed until the September 7 meeting. Council agreed. 9c. Approval of A~reement between the City of Ukiah and the Chamber of Commerce for Economic Development Activities - Videotape. M/S Shoemaker/Wattenburger to sign the Economic Development Activities Agreement with the Chamber of Commerce. The motion was carried by a unanimous voice vote. NOES: None. Reg. Mtg. August 3, 1988 Page 4 162 9d. Adoption of Resolution appointing Airport Commissioner M/S Henderson/Shoemaker to adopt a resolution to appointing Robert C. Wattenburger to fill the unexpired term of Jim Wattenburger ending June 30, 1990. The motion was carried by the following roll call vote. AYES: Councilmembers Shoemaker, Hickey, Schneiter and Mayor Henderson. NOES: None. ABSTAIN: Wattenburger. 9e. Report regarding Assessment District - Orchard Avenue Extension The City Attorney reported on his memorandum discussing alternative methods for constructing the extension of Orchard Avenue from Marlene Street to Gobbi Street, as previously requested by Council. He indicated the City must obtain adequate rights-of-way and construct the street and underground utilities for that area, with a~quisition and construction costs financeable by two methods that impose the costs on the properties that are directly benefitted by these improvements. One method is by the conduct of special assessment and bond proceedings which has the advantages of bonds lower interest rate and every property contributes fairly. He stated the disadvantages are very complex proceedings with the necessity to hire consultants and Bond consultants which makes the issuance cost of the Bonds high, which may balance out the lower interest rate of the Bonds to equal market rate of interest. The other method is to adopt a Resolution designating an area of benefit by the road extension and establish a formula for assessing fees against each parcel to be paid prior to the time building permits were issued for new construction in that area; with one or two property owners paying in advance the costs of construction which would be reimbursed to them by the City at a later time when the City collected development fees from future development in the designated area. The City Attorney feels this method is less complex but agreement is needed by property owners to front the constructions costs. Discussion ensued. Consensus of the Council for Staff to meet with the property owners to ascertain their feelings and report back to Council September 7, 1988. 9f. Approval of Agreement with Resource Management International, Inc. - (RMI) Masonite The City Manager reported with the approval by Western Area Power Agency to fund half the Masonite Co-generation Study the other half of remaining funds are to be paid equally by the City and Masonite Resource Management International, Inc., (RMI) agreement's maximum amount is $54,000 plus $1,000 possible contingency. Discussion ensued. M/S Shoemaker/Wattenburger to sign agreement with RMI to conduct a co-generation study between Masonite and the City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Wattenburger, Hickey, Schneiter and Mayor Henderson. NOES: None. 9g. Report from the Skateboard Committee Counctlmember Shoemaker reported on a meeting held with Floyd Ross, John Kinney, Gayle Brown, Curt Allen, himself and Councilmember Schneiter. Noted the downtown skateboard problems have subsided to a degree but there are still some problems and feels there is still a need for an ordinance restricting skateboards in the downtown area. Reported on the skateboarders progress in the area of insurance, a skateboard park, fundraising and the Boy Scouts Skateboard Explorer Program. Indicated the need for more meetings and will report again at the September 7, 1988 Council meeting. Reg. Mtg. August 3, 1988 Page 5 163 9h. Adoption of Resolution - Memorandum of Understandin~ between the City of Ukiah and Operatin~ En$ineers Local Union No. 3 Upon request from the City Manager, Mayor Henderson moved this item for consideration until after Closed Session Item 13 on this agenda. NEW BUSINESS 10a. Authorize Execution of A~reement - Grace Hudson Museum and Sun House Contractor City Manager explained this contract is an extension of the current contract, with only the dollar amounts changed, that the City has with the present Curator Suzanne Abel-Vidor, stating this contract is effective August 1, 1988 to July 31, 1990. ~. M/S Shoemaker/Schneiter to execute the agreement with the Grace Hudson Museum and the Sun House Contractor. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Wattenburger, Hickey, Schneiter and Mayor Henderson. NOES: None. 10b. Set Date for Goal Setting Session It was the consensus of the Council that September 13, 1988, at 8:30 a.m. would be the date of their Goal Setting Session. 10c. Discussion of Funding for Community Groups - Shoemaker Councilmember Shoemaker reported that in the past with Revenue Sharing the City was able to fund Community Groups, but since Revenue Sharing has been discontinued, felt this was not addressed at Budget Hearing time and expressed desire to take a token amount out of Contingency Reserve Fund to put back into our Community. Councilmember Hickey stated all groups were told last year when Revenue Sharing was discontinued that there would be no more money from the City and feels the next two year budget slowly dissolves the reserves and feels the money is not there to give. Councilmember Schneiter would like to fund Seniors and our Youth to direct the young and support the old. Mayor Henderson indicated the City should not be in the business of philanthropy and the City's priorities should be met first, and requested to be shown where this money would come from out of the recently approved two year budget. Discussion ensued. M/S Shoemaker/Schneiter to remove $20,000 out of contingency reserve to fund the five previously funded groups. The motion was reread by the City Clerk and was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Wattenburger and Schneiter. NOES: Councilmember Hickey and Mayor Henderson. M/S Wattenburger/Shoemaker to reconsider the previous motion. M/S Shoemaker/Schnetter to amend the prior motion to remove $20,000 out of contingency reserve to fund community based groups. The motion was carried by the following roll call vote: AYES: Councilmember Shoemaker, Wattenburger, Schneiter. NOES: Councilmember Hickey and Mayor Henderson. Discussion ensued as to whom to dispense monies and Council indicated the desire to dispense the money at the Council Meeting of September 21, 1988. Reg. Mtg. August 3, 1988 Page 6 164 10d. Discussion of Resolution 87-41, Procedures of Conduct, Section 1913 Voting Procedures - Schneiter Councilmember Schneiter requested review of the Voting Procedures indicating he feels the roll call should start with the least senior Councilmember and moving through to the most senior member with the Mayor voting last. M/S Schneiter/Shoemaker to amend Resolution 87-41, Voting Procedures to read, "vote to be taken first from the least senior member then moving by seniority rank to the most senior member with the Mayor voting last." The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Wattenburger, Hickey, Schneiter and Mayor Henderson. NOES: None. 10e. Appointment of alternate to League of California Cities - Henderson M/S Schneiter/Shoemaker to appoint Mayor Henderson as alternate voting delegate and alternate to the League of California Cities. The motion was carried by a unanimous voice vote. NOES: None. 10f. Notice of Completion - Kvaerner Hydro Inc., (Axel Johnson) The City Manager requested this item be continued until after the Closed Session. Council agreed. 109. Report of Administrative Actions and Proposals (R.A.A.P.) Councilmember Shoemaker requested explanation of the Notice of PG&E filing Application No. 88-07-037 on July 20, 1988, with the California Public Utilities Commission. The City Manager explained that the PUC allows a rate of return on investments up to .1450%. Council indicated interest in more information from the California PUC regarding this application by PG&E. M/S Shoemaker/Schneiter to approve the Report of Administrative Actions and Proposals. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Wattenburger, Hickey, Schneiter and Mayor Henderson. NOES: None. COMMENTS FROM THE AUDIENCE Rev. John Kraps, 390 W. Smith, in response to a previous question by the City Clerk if he knew of any law regarding the taxation of Church businesses conducted off church premises, he indicated that in other cities where hospitals are not on the tax rolls those hospitals have voluntarily contributed to Cities Funds. Feels that with the recent acquisition of Ukiah General Hospital by Adventist Health Systems Group, they could donate an amount equal to the amount of tax being removed from the tax rolls if that is a fact. Myrna Oglesby, 169 Mason Street, requested the Council to address her letter submitted tonight addressing the issue of extension of the building permit previously issued in August 1987 on the Nor Cal/Ross development on Porzio Lane. The City Attorney advised under the Brown Act a matter can be addressed by Council at the Comments from the Audience agenda item only if four Councilmembers decide through a motion, that the need to take action arose subsequent to the posting of the agenda which could apply in this case. Mrs. Oglesby indicated that on Monday, August 1, 1988, the negotiations to purchase this property and start construction on her clients project fell through and caused this item to be late for agenda. M/S Hickey/Schneiter to hear this item under this item of the agenda. The motion was carried by the following roll call vote: AYES: Councilmember Shoemaker, Wattenburger, Hickey, Schneiter and Mayor Henderson. NOES: None. RECESS: 10:22 P.M. RECONVENED: 10:33 P.M. Reg. Mtg. August 3, 1988 Page 7 165 Myrna Oglesby, Attorney, on behalf of her clients, requested the Council to extend the previously issued extended conditional building permit of one year ago. The City Attorney advised Council they have no such authority to extend this permit. Discussion ensued. M/S Shoemaker/Wattenburger to accept and file Myrna Oglesby's letter. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Wattenburger, Schneiter and Mayor Henderson. NOES: Councilmember Hickey. CITY COUNCIL REPORTS Councilmember Shoemaker Reported the Monterey League Conference was the best he's ever attended. Also reported on the University Campus Task Force meeting, noted the upcoming Parks and Recreation Meeting Monday night, August 15, 1988, regarding Youth Sports, mentioned Museum guest curator Holly Brackman, October 5, 1988, and the Scott Patterson exhibit closes October 1, 1988. Councilmember Wattenbur~er Indicated the MTA meeting was cancelled, reported on a number of phone calls he has received on the Ukiah General Hospital takeover by Adventist Health Group. He feels the City should take a'stand on this issue. Mayor Henderson Reported on the luncheon with Adventist Hospital Group and Board of Supervisors, requested Public Works Director to write a report on the August 4, 1988, Water Quality Board Review, noted the letter from the California State Automobile Association awarding Ukiah a Pedestrian Safety Citation and plaque and she will not be here next week due to a family vacation. Requested Vice Mayor to fill in as needed. Councilmember Schneiter Discussed the Monterey Conference exceptional luncheon speakers, requested Staff to present a report to him on other City's involvement in housing and reported on the LAFCO meeting. Councilmember Shoemaker requested the Council to reconsider Item 7a. previous motion. M/S Shoemaker/Hickey to reconsider the previous motion under item 7a. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Schneiter, and Mayor Henderson. NOES: Councilmember Wattenburger. M/S Shoemaker/Schneiter to reagendize the Public Hearing on the Adjustment of Fees and Charges at the Solid Waste Disposal Site for the September 7, 1988 Council meeting. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Wattenburger, Hickey and Schneiter. NOES: Mayor Henderson. CLOSED SESSION City Attorney recommended that Council go into Closed Session under the Pending Litigation exception to the Brown Act, Section 54956.9, Subsection B, to discuss pending litigation Ukiah Valley Fire Protection District vs. City of Ukiah, County of Mendocino Court Case No. 56504; and threatened litigation involving Kvaerner Hydro, Inc. M/S Schneiter/Wattenburger to go into Closed Session to discuss the following: Reg. Mtg. August 3, 1988 Page 8 166 1. Ukiah Valley Fire Protection District vs. City of Ukiah, et al. Mendocino County Superior Court Case No. 56504 2. Threatened Litigation involving Kvaerner Hydro, Inc. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Wattenburger, Hickey, Schneiter and Mayor Henderson. NOES: None. Council went into Closed Session at 11:19 p.m. Council reconvened at 12:15 a.m. 10f. Notice of Completion - Kvaerner Hydro, Inc. (Axel Johnson) M/S Hickey/Wattenburger to authorize the City Attorney to prepare the appropriate settlement agreement. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Wattenburger, Hickey, Schneiter and Mayor Henderson. NOES: None. M/S Shoemaker/Hickey to authorize the Notice of Completion to be filed. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Wattenburger, Hickey, Schneiter and Mayor Henderson. 9h. Adoption of Resolution - Memorandum of Understanding between the City of Ukiah and Operating Engineers Local Union No. 3 M/S Wattenburger/Schneiter to adopt the Resolution regarding the Memorandum of Understanding between the City of Ukiah and the Operating Engineers Local Union No. 3. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Wattenburger, Hickey, Schneiter and Mayor Henderson. NOES: None. M/S Shoemaker/Wattenburger to authorize the City Attorney to prepare and file the appropriate response to the pending litigation of Ukiah Valley Fire Protection District vs. City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Wattenburger, Hickey, Schneiter and Mayor Henderson. NOES: None. ADJOURNMENT There being no further business the meeting was adjourned to the Electric "Big Picture" Study Session beginning August 16, 1988 at 8:30 a.m. in the Civic Center Council Chambers. %hy Mc~a~ y Clerk/ R:CCMIN3 Reg. Mtg. August 3, 1988 Page 9