HomeMy WebLinkAboutMin 07-06-88151
MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - JULY 6, 1988
The City Council convened in a regular session at 6:35 p.m. in the Council
Chambers at the Civic Center, 300 Seminary Avenue, Ukiah, California. Roll
call was taken and the following Councilmembers were present: Shoemaker,
Wattenburger, Hickey, and Vice-Mayor Schneiter. Absent: Mayor Henderson.
Staff present: City Manager Payne, City Attorney Rapport, Community
Development/Assistant Redevelopment Director Harris, Public Works
Director/City Engineer Pedroncelli, Electric Utilities Director Roper, Finance
Director Vara, Assistant to the City Manager Horsley, Administrative Secretary
to the City Manager Stamelos, and City Clerk McKay.
INVOCATION/PLEDGE OF ALLEGIANCE
Community Development/Assistant Redevelopment Director Harris delivered the
Invocation and Vice-Mayor Schneiter led the Pledge of Allegiance.
APPROVAL/CORRECTION OF MINUTES
M/S Shoemaker/Hickey approved the City Council Minutes of the Regular
Adjourned Meeting of June 14, 1988, as submitted. The motion was carried by
the following roll call vote: AYES: Councilmembers Shoemaker, Wattenburger,
Hickey, and Vice-Mayor Schneiter. NOES: None. ABSENT: Mayor Henderson.
M/S Shoemaker/Wattenburger approved the City Council Minutes of the Regular
Meeting of June 15, 1988, as submitted. The motion was carried by the
following roll call vote: AYES: Councilmembers Shoemaker, Wattenburger,
Hickey, and Vice-Mayor Schneiter. NOES: None. ABSENT: Mayor Henderson.
Councilmember Shoemaker requested a correction to the City Council Minutes of
the Regular Adjourned Meetings of June 20, 21, 22, 1988. Page 2, June 22,
1988, fifth paragraph change to, "Mayor Henderson recommended budgeting City
promotion at $23,000 and the amount to Chamber to be determined later".
There was some discussion as to the correction, whether the Minutes might
affect the Budget amounts or not.
M/S Shoemaker/Hickey approved the City Council Minutes of the Regular
Adjourned Meeting of June 20, 21, 22, 1988, as amended. The motion was
carried by the following roll call vote: AYES: Councilmembers Shoemaker,
Hickey, and Vice-Mayor Schneiter. NOES: None. ABSENT: Mayor Henderson.
ABSTAIN: Councilmember Wattenburger.
RIGHT TO APPEAL DECISION
Vice-Mayor Schneiter reviewed Section 1094.6 of the Code of Civil Procedure
regarding the appeal process.
CONSENT CALENDAR
Councilmember Hickey pulled Consent Calendar Item 6c, Approval of Bad Debt
Write-Off. It then became New Business 10g.
M/S Schneiter/Hickey approved the Consent Calendar Items 6a, 6b, 6d, and 6e,
as follows:
6a. i. Approved the Payroll Warrants of June 29, 1988, #21700 to #21863,
and July 6, 1988, #21864 to #22024, in the amount of $210,173.61.
ii. Approved the General Warrants of June 29, 1988 and July 6, 1988,
#38123 to #38268 in the amount of $645,347.02.
6b. Adopted Resolution No. 89-1, Fixing Limitation on City Expenditures for
Fiscal Year 1988-89.
6d. Accepted Subdivision Improvements for Ford Street Subdivision.
6e. Approved the Report of Administrative Actions and Proposals (R.A.A.P).
152
The motion was carried by the following roll call vote: AYES: Councilmembers
Shoemaker, Wattenburger, Hickey, and Vice-Mayor Schneiter. NOES: None.
ABSENT: Mayor Henderson.
PETITIONS AND COMMUNICATIONS
8a. Letter from Douglas P. Carter re~ardin~ Yokayo Shopping Center
The City Manager explained the letter from Mr. Carter describing extensive
damage to his car wash behind Taco Bell, late at night, by young crowds
congregating around the Yokayo Shopping Center parking lot, with Mr. Carter
requesting a condition added to business permits; stating that if a business
is to stay open after curfew then the business must provide and pay for
private security patrol for surrounding businesses.
Douglas P. Carter, 428 Nokomis, described the vandalism, costs of damage,
incidents with youths, Police response and backup, and with Taco Bell's
bathrooms being locked, this creates a health hazard. Feels with 200-500
youths congregating, mixed with auto exhibition, that someone in the future
could be hurt.
Discussion ensued.
The Council directed the City Manager to contact owner of Taco Bell to discuss
the problem, have the Ukiah Police Department enforce the loitering law, and
to contact the County Health Department regarding Taco Bell's locked
bathrooms. The Council requested a report at the next Council meeting of
August 3, 1988.
PUBLIC HEARING
7a. Electric Rate Adjustment
Electric Utilities Director reported on the May 17 Pacific Gas & Electric 3%
rate increase granted by the Public Utilities Commission, and how this
proposed electric rate increase for the City of Ukiah would still keep the
City rates 3½% to 4% lower than Pacific Gas & Electric rates.
Discussion ensued.
Public Hearing Opened - 7:09 p.m.
Gary Akerstrom, 425 Talmage Road, feels the City needs to evaluate development
fees as they are not in line with Pacific Gas & Electric development fees; the
City's development fees are higher.
Ed Etherington, 776 South State Street, representing Pacific Gas & Electric
commented that the May 3% increase was attributed to operation and maintenance
costs of Diablo Nuclear Power Plant with a possible 6% increase coming in
August attributed to higher fuel costs due to low water levels in reservoirs.
This has not yet been approved by the Public Utilities Commission.
Public Hearing Closed - 7:12 p.m.
Discussion ensued.
M/S Hickey/Shoemaker to defer this item until after the August 16, 1988 Study
Session to review a Report on the City's Electric System. The motion was
carried by the following roll call vote: AYES: Councilmember Shoemaker,
Wattenburger, Hickey, and Vice-Mayor Schneiter. NOES: None. ABSENT: Mayor
Henderson.
7b. Appeal of Planning Commission Interpretation of Zonin~ Code Land Use,
Non-Conformin~ Use - 400 Old County Road
The Community Development/Assistant Redevelopment Director reported on the
non-conforming use permit and explained the reasons for the Planning
Commission's interpretation in allowing existing use.
Reg. Mtg.
July 6, 1988
Page 2
153
A letter from Attorney Jared Carter representing Mr. Kennedy requested Council
to hold this item until next Council meeting so both Mr. Carter and
Mr. Kennedy could be present. It was determined Mr. Kennedy was present in
the audience with Attorney Frank Shaw-Bacik for representation, and to proceed
with this matter.
Public Hearing Opened - 7:32 p.m.
Gary Akerstrom, 425 Talmage Road, believes there is an increase of use at the
Kennedy operation, creating loud noise during business hours and large amounts
of dust and wishes containment of both.
Frank Shaw-Bacik, 169 Mason Street, Attorney representing Bobby Kennedy, feels
that the Planning Commission already addressed this issue, as a consistent
non-conforming use. He further indicated the Office/Commercial designation is
wrong, as they feel it should be Industrial.
Bob Kennedy, 400 Old County Road, explained the previous 40 years of use at
this site has always been lumber manufacturing with the current use of one
bandsaw, one shaper, and one moulder being much less use than previous
operation.
Daryl Smith, 48 Whitmore Lane, former Manager of Cagle Lumber, stated the
current use is less than ever before.
Chuck Sanders, 2340 Mill Creek Road, of Sanders Electric Co., feels the whole
airport area is noisy.
Morey McCloud, 301Snuffin Street, stated he does not know either Mr. Kennedy
or Akerstrom, and commented that Ukiah has a noise requirement of 75 dB and
challenged anyone to find 75 dB above ambient level.
Gary Akerstrom noted irregularities presented to the Planning Commission on
May 25. His main concern is that the saws continuous high pitch whine will be
a detriment to his neighboring Office/Commercial designated property.
City Attorney asked Mr. Kennedy if the saws previously on City property have
been moved to his property.
Mr. Kennedy stated the saws are back on City property.
City Attorney asked Mr. Kennedy if saws were in use prior, and what saws are
used currently, and if used continuously for six months.
Mr. Kennedy said the saws have been used since 1965 and current saws are one
band saw, one shaper, one moulder, with a couple moveable radial arm saws.
Public Hearing Closed - 8:08 p.m.
Discussion ensued.
City Attorney instructed Council on the expansion of use interpretation.
M/S Hickey/Shoemaker that interprets this as not an expansion of use.
Vice-Mayor Schneiter feels this is not an expansion of use and that Ukiah has
a noise ordinance and a manner in which noise can be mitigated.
The motion was carried by the following roll call vote: AYES: Councilmembers
Shoemaker, Wattenburger, Hickey, and Vice-Mayor Schneiter. NOES: None.
ABSENT: Mayor Henderson.
Recess - 8:11 p.m.
Reconvened - 8:23 p.m.
New Business
9a. Adoption of Resolution Approvin~ 1988-89/1989-90 Fiscal Years Budget
Reg. Mtg.
July 6, 1988
Page 3
154
M/S Hickey/Schneiter to adopt Resolution 89-2, approving the 1988-89 and
1989-90 Budgets for the City of Ukiah, as follows:
Budget Appropriations
July 1, 1988 - June 30, 1989
and
July 1, 1989 - June 30, 1990
Fund No.
100
120
220
300-302
320
55O
575
600
612
660
695
696
8OO
82O
960
Name
General Fund
Capital Improvement Fund
Parking District
Gas Tax Funds
Airport Clearzone
Lake Mendocino Bonds
Municipal Garage
Airport
City/District Sewer Serv.
Disposal Site
Golf Course
Purchasing Warehouse
Electric Funds
Water Fund
Co~unity Redev. Agency
Ail Other Funds
TOTAL BUDGET
Fiscal Year Fiscal Year
1988-89 1989-90
Amount Amount
$ 4,996,482 $ 5,154,930
63,270 68,714
97,486 101,927
510,500 1,013,565
94,325 -0-
1,863,410 1,861,570
541,789 514,828
412,233 447,909
763,873 739,765
482,665 374,288
227,259 252,429
82,107 84,649
6,728,600 7,239,900
987,740 981,360
104,984 33,932
306,795 147,766
$18,263,518 $19,017,532
Fund 100 - General Fund Appropriations
Dept. No. Name
Fiscal Year
1988-89
Amount
General Government Summary
1001 City Council
1101 City Clerk
1105 Elections
1201 City Manager
1301 Finance Department
1401 City Attorney
1501 Planning
1601 Personnel
1905 Secretarial Pool
1910 City Treasurer
1915 General Govt. Buildings
1945 Civic Adv. & Promotion
1920-90 General Govt. Expense
Total
Public Safety Summary
$ 51,030
31,320
6,000
40,238
189,993
29,935
120,636
54,046
50,492
8,310
95,811
30,416
232,820
$ 941,047
2001
2040
2080
2090
2101
2190
2201
Police
Central Dispatch
Narcotic Task Force
Police Reserves
Fire
Fire Dept. Volunteers
Building Dept.
Total
$ 1,453,057
85,730
40,000
7,250
1,187,705
12,750
68,377
$ 2,854,869
Fiscal Year
1989-90
Amount
$ 51,030
28,990
7,000
45,065
163,936
29,935
119,805
61,617
53,732
8,310
94,350
30,415
233,120
$ 927,305
$ 1,495,115
90,167
40,000
8,150
1,233,479
13,200
69,474
$ 2,949,585
Reg. Mtg.
July 6, 1988
Page 4
155
Public Works Summary
3001 Engineering $ 206,498 $ 219,382
3105 Bridge/Culvert/Drain Maint. 68,659 83,580
3110 Street Maintenance 143,221 149,272
3120 Street Resurfacing 74,761 99,320
3130 Street Painting 49,975 44,748
3140 Street Signing 20,515 21,378
3150 Traffic Signals 34,389 36,875
3160 Street Cleaning 78,807 81,908
3170 Leaf & Tree Control 69,212 71,572
3180 Weed Abatement 10,533 10,950
3301 Corporation Yard 22,908 20,715
Total
Parks & Recreation Summary
$ 779,4.78
GRAND TOTAL
$ 839,700
6001 Parks $ 175,193 $ 189,082
6110 Recreation 79,907 86,269
6130 Swimming Pool 55,482 48,327
6150 Sun House 110,506 114,662
Total $ 421,088 $ 438,340
$ 4,996,482 $ 5,154,930
Councilmember Shoemaker commented the Council did not address the community
groups requests for money at the budget hearings and would like to take a
token amount out of budget to pass out to worthy community groups, and
suggested a figure of $10,000.00.
Councilmember Schneiter agrees.
The City Manager discussed the history of revenue sharing that now has been
discontinued by the government. He indicated this matter should have been
discussed at the budget hearings, and is not appropriate at this time.
Councilmember Schneiter suggested agendizing this matter for a later Council
meeting.
The motion was carried by the following roll call vote: AYES: Councilmembers
Shoemaker, Wattenburger, Hickey, and Vice-Mayor Schneiter. NOES: None.
ABSENT: Mayor Henderson.
Recess - 8:36 p.m. to Redevelopment
Reconvened - 8:43 p.m.
NEW BUSINESS
10A. Adoption of Resolution Approvin~ Application for Dru~ Abuse Resistance
Education Grant
The City Manager explained the Grant and the Finance Director read the Staff
Report on how the money is received and distributed for this program.
Councilmember Wattenburger commended Officer Warner for his work and efforts
in this program.
M/S Hickey/Wattenburger adopted Resolution 89-3 Approving Application for Drug
Abuse Resistance Education Grant and Authorizing City Manager to Execute Grant
Award Agreement. The motion was carried by the following roll call vote:
AYES: Councilmembers Shoemaker, Wattenburger, Hickey, and Vice-Mayor
Schneiter. NOES: None. ABSENT: Mayor Henderson.
10b. Authorize the City Manager to execute A~reement for Gobbi Street Sewer
Main
The City Manager reported in order to expedite the work before winter rains
there is a need for an outside engineering firm to prepare the plans because
Reg. Mtg.
July 6, 1988
Page 5
156
our engineering staff would not be able to prepare the plans in time to
complete the work before winter rains.
M/S Shoemaker/Hickey authorized the City Manager to execute Agreement with
Bashford Engineering for design of the East Gobbi Sewer Main Project. The
motion was carried by the following roll call vote: AYES: Councilmember
Shoemaker, Wattenburger, Hickey, and Vice-Mayor Schneiter. NOES: None.
ABSENT: Mayor Henderson.
10c. Matter of Memorandum of Understanding between the City of Ukiah and
Operating Engineers Local No. 3
The City Manager requested this item be dropped from the agenda. Council
agreed.
10d. Matter of Appointment of New City Auditor
Finance Director reviewed the applicants for a new City Auditor for the
upcoming year and indicated a low interest with low turnout for bid. Feels
the Davis-Hammond firm is best qualified although the highest bidder.
Discussion ensued over qualifications and amounts of bids. Councilmember
Hickey would have liked to seen lower bids.
M/S Hickey/Shoemaker to hire the Auditing firm of Davis-Hammond for the City
of Ukiah for a term of one year. The motion was carried by the following roll
call vote: AYES: Councilmembers Shoemaker, Hickey, and Vice-Mayor Schneiter.
NOES: Councilmember Wattenburger. ABSENT: Mayor Henderson.
10e. Matter of Disabled Parking and Loading Zone on Main Street in Front of
the Librar~
Councilmember Hickey described how difficult it is for a disabled citizen to
exit from a car in front of the Library due to a tree and trash receptacle
blocking the handicapped loading zone.
The City Manager recommended the easiest solution first would be to move the
trash receptacle and referred the matter to Staff.
10g. Approval of Bad Debt Write Off
Councilmember Hickey expressed concern over the large amount of bad debt and
questioned collection and deposit procedures.
The Finance Director explained the deposit for electric hook-up has been
$35.00 for the last 8 years and disconnection occurs the end of 2nd
non-payment month or the first part of third non-payment month.
Discussion ensued.
M/S Hickey/Shoemaker approved the Bad Debt Write-Off, requesting a later
review of the deposit/collection process. The motion was carried by the
following roll call vote: AYES: Councilmembers Shoemaker, Hickey, and
Vice-Mayor Schneiter. NOES: Councilmember Wattenburger. ABSENT: Mayor
Henderson.
Comments From Audience
Bob Wattenburger, 611 W. Clay, informed the Council of a plugged drain on
South Dora in front of Yokayo Elementary School, creating a smelly grey water
overflow. He also feels stop signs on Gobbi would be a more practical
solution than expensive stop lights. He requested the Airport entrance be
improved with better lighting, access, and striping.
City Council Reports
Councilmember Shoemaker
Councilmember Shoemaker discussed the EDAW Streetscape Workshop July 7, 1988
Reg. Mtg.
July 6, 1988
Page 6
157
and felt short notice to the community will reflect in low turnout. He
requested prompt notification by phone to local nurserymen.
Commented on the increase in disabled vehicles at the new auto repair next to
Safeway and feels the situation needs to be remedied.
Mentioned complaints about skateboarders downtown and will try to get the
Downtown Merchants and skateboarders together for a meeting.
Thanked the Staff and Council for informative Budget Hearing meetings.
Councilmember Wattenbur~er
None.
Councilmember Hicke¥
Reported on a NCPA meeting June 23 in Portola. Discussed this month's NCPA
meeting at Murphy's on July 28, 1988, with a tour of the dam on the Stanislaus
River, so reservations should be made soon. August 25, 1988 meeting of the
NCPA will be in Ukiah.
Vice-Ma~or Schneiter
Reported he was sworn in on July 4, 1988 to his newly appointed position on
LAFCO. Next LAFCO Meeting will be in August.
Closed Session
Council went into Closed Session at 9:35 p.m. with no action anticipated.
Council reconvened at 10:10 p.m.
Adjournment
There being no further business, the meeting was adjourned at 10:10 p.m. to
August 3, 1988, 6:30 p.m.
,.
Reg. Mtg.
July 6, 1988
Page 7