Loading...
HomeMy WebLinkAboutMin 05-18-88124 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - MAY 18, 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, Myers, 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, Administrative Secretary to the City Manager Stamelos, and City Clerk Hayes. Invocation/Pledse of Allegiance Councilmember Myers delivered the Invocation and Vice-Mayor Schneiter led the Pledge of Allegiance. Approval/Correction of Minutes Councilmember Shoemaker requested a clarification to the City Council Minutes of the Regular Meeting of May 4, 1988. Page 3, Item 10c, second paragraph, the second line of the motion: as appointed by the Guild President, to be changed, to read: as appointed by the Chairman of the Board of Trustees of the Sun House Guild. There was some discussion as to the clarification, whether what was said was clearly the intent. M/S Hickey/Myers approved the City Council Minutes of the Regular Meeting of May 4, 1988, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, .Myers, Hickey, and Vice-Mayor Schneiter. NOES: None. ABSENT: Mayor Henderson. Right To Appeal Decision Vice-Mayor Schneiter reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. Consent Calendar Councilmember Myers pulled Consent Calendar Item 6f, Resignation of Robert Cannon from Traffic Engineering Committee. It then became New Business, Item 10b. Councilmember Shoemaker pulled Consent Calendar Item 6e, Adoption of Resolution declaring Weed Abatement and Item 6j, Report of Administrative Actions and Proposals (R.A.A.P.). They then became New Business, Items 10c and 10d, respectively. M/S Hickey/Myers approved the Consent Calendar Items 6a, 6b, 6c, 6d, 6g, 6h, and 6i, as follows: 6a. Approved the Payroll Warrants of May 18, 1988, #23430 to #23575, in the amount of $98,939.28. 6b. Approved the General Warrants of May 18, 1988, #37748 to #37870 in the amount of $589,689.65. 6c. Awarded the bid for a 1988 four wheel drive front end loader to Hogue Equipment Company, in the amount of $36,687.52. 6d. Awarded the bid for miscellaneous Underground Electrical Fittings to the following: Davis, Gregory & Doll, in the amount of $74,355.94, H. Dunn Co., in the amount of $4,582.86, Western States Electric, in the amount of $803.33, Trayer Engineering Co., in the amount of $4,410.66, and Maydwell and Hartzell, in the amount of $1,936.62. 6g. Directed the City Clerk to advertise upcoming Commission vacancies and for those whose terms are due, request they reapply if interested in continuing their terms. 6h. Adopted Resolution No. 88-42, Authorizing Extension of Agreement to Provide Fire Prevention and Protection Services. Reg. Mtg. May 18, 1988 Page 1 125 6i. Approved the Ukiah Men's Golf Club request to waive green fees of the practice round on Friday, May 27, 1988, of the 29th/Invitational Golf Tournament. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, and Vice-Mayor Schneiter. NOES: None. ABSENT: Mayor Henderson. Petitions and Communications 8a. Letter From M~rna O~lesby Re~ardin~ Use Permit Application 87-83, Nor-Cai/Ross Mrs. Oglesby, Attorney for the applicant, noted meetings have been held recently with Staff. She believes the issues are being addressed and wishes to postpone the agenda item to June 1, 1988 Council meeting. M/S Shoemaker/Myers to postpone the agenda item to June 1, 1988. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Mayor Henderson. 8b. Letter From Ukiah Downtown Merchants Association Requestin~ A City Ordinance Bannin~ Skateboards Downtown The City Manager noted the uncounted signatures before Council. The Downtown Merchants request that Council consider an ordinance banning skateboarding in business core (AB1693 parking district). The City Manager believes the "Main Street" area could be entertained; could be an incentive for businesses to join "Main Street". Sheridan Malone, 305 Hillcrest, representing the Downtown Merchants, discussed the belief by some that skateboarding is a mode of transportation. He believes that skateboarding is a recreational sport and is not appropriate in the retail area. He supported a skateboard park idea and believes the merchants would donate $100 to such. Councilmember Myers believes alternative skateboarding areas could be looked at and suggested referring the matter to the Recreation and Parks Director. The City Manager commented on the difficult, if not impossible fact, that the City may not be able to obtain liability insurance under our self-insured plan for a skateboard park. Councilmember Shoemaker pointed out the community effort to build the Sun House Museum and the Ukiah Playhouse; so such could be solicited for a skateboard park. Further he suggested considering the banning of skateboarding street by street or from corners of streets. The City Attorney discussed regulating the activity by conditioning it and/or banning from designated areas. Council expressed concern with layering an ordinance, believes the merchants request is not to allow under any condition. M/S Shoemaker/Hickey referred the matter of drafting an ordinance to the City Attorney regarding banning skateboarding in designated areas. The motion was carried by the following vote: AYES: Councilmembers Shoemaker, Myers, Hickey, and Vice-Mayor Schneiter. NOES: None. ABSENT: Mayor Henderson. 8c. Letter from Rural Communities Housin~ Development Corporation, requestin~ City to require elevators in senior citizens multi-story buildings Councilmember Shoemaker excused himself at 6:55 p.m. due to a possible conflict of interest. The City Manager discussed the request and believes that such a requirement could be included in the previous density bonus agreement. Reg. Mtg. May 18, 1988 Page 2 126 Duane Hill, Executive Director of RCHDC, explained HUD's requirement that an ordinance be in effect. M/S Myers/Schneiter referred the matter of drafting an ordinance to the City Attorney requiring elevators in multi-story buildings for senior occupancy. The motion was carried by the following roll call vote: AYES: Councilmembers Myers, and Vice-Mayor Schneiter. NOES: Councilmember Hickey. ABSENT: Councilmember Shoemaker and Mayor Henderson. Councilmember Shoemaker resumed his position on the Council at 7:05 p.m. Public Hearin~ 7a. ~ppeal of Plannin~ Commission denial of Use Permit Application No. 88-76, for automobile restoration, 144 Cherry Street - Thomas Halfacre The Community Development/Assistant Redevelopment Director reported on the use permit application and explained the reasons for the Planning Commission's denial. Public Hearing Opened - 7:10 p.m. No one present wished to speak on the issue. Public Hearing Closed - 7:10 p.m. Discussion was had concerning the noise, long hours and visual condition of the area not appropriate to the area. M/S Shoemaker/Hickey upheld the Planning Commission's denial of Use Permit Application No. 88-76. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, and Vice-Mayor Schneiter. NOES: None. ABSENT: Mayor Henderson. Councilmember Shoemaker queried as to whether Council wishes to abate junkyards. He will bring the issue before Council at a later date. Petitions and Communications 8d. Letter from Community Development Commission re~ardin~ Public Housin~ Units in the City of Ukiah The City Manager explained the request of the Community Development Commission to apply for 25 more units under the Housing Voucher Program. Councilmember Hickey expressed concern with Mendocino County and, in particular, the Ukiah area having more persons on welfare per capita than any other County in the State. Councilmember Shoemaker believes the letter proposed should be rewritten. M/S Shoemaker/Myers authorized Staff to write a letter approving an application to HUD regarding the Housing Voucher Program. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey and Vice-Mayor Schneiter. NOES: None. ABSENT: Mayor Henderson. Unfinished Business 9a. Matter of transfer of Community Development Block Grant (CDBG) Economic Development Allocation to Department of Commerce The Community Development/Assistant Redevelopment Director discussed the State considering the division of portions of CDBG grant funds between the Department of Housing and Community Development (HCD) and the Department of Commerce. Currently HCD administers all CDBG funding. There was some discussion among the Councilmembers. Reg. Mtg. May 18, 1988 Page 3 127 M/S Shoemaker/Myers authorized a letter from the Vice-Mayor to the State of California supporting and encouraging the transfer of administration of CDBG economic development set aside funds from the Department of HCD to the Department of Commerce. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, and Vice-Mayor Schneiter. NOES: Councilmember Hickey. ABSENT: Mayor Henderson. 9b. Matter of Minor Subdivision No. 88-57 - Harris/Gross The City Manager explained that he believes the proposed development of the property north of Marlene Street brings to light years of discussion regarding the extension of Orchard Avenue. The issue continues to be a policy matter. The Community Development/Assistant Redevelopment Director explained the information provided is just that and no decision is being requested. Vice-Mayor Schneiter expressed concern with discussing the matter at all. He does not want to prejudice the Planning Commission's decision nor predispose the public hearing process. The City Attorney recommended no discussions also. M/S Hickey/Shoemaker postponed any discussion on said subject until the public hearing has been set. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Mayor Henderson. 9c. Matter of Billiard and Pool Parlors The City Manager noted the businesses to be effected by the ordinance. The City Attorney noted the ordinance could be enforced' now, but believes some changes would have to occur to make the ordinance constitutional. Further, he believes the issue that brought the dormant ordinance to light will not be solved by the ordinance. Council discussed the problems with enforcing the old ordinance. Victor Berganciano, 8210 Orchard, Kelseyville, asked what effect the ordinance will have on a business he wants to buy and is in escrow at the time. Roy LaBlanc, 755 South State, believes the ordinance will not effect the business he manages; after 11:00 p.m. adults are the only ones allowed on the premises. The City Attorney noted the present ordinance could be expanded to regulate other recreation activities which could help the police enforce public nuisance complaints. Jack Gradon, 61lB W. Standley, explained that the continual remodeling he has done to control business needs and the perceived problems with the customers has worn on him and he'll be leaving the business. M/S Hickey/Myers referred the matter of drafting an ordinance which abolishes the old billiard and pool parlor ordinance to the City Attorney. Further noting, a new ordinance could be entertained that could work within the existing laws. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey and Vice-Mayor Schneiter. NOES: None. ABSENT: Mayor Henderson. Councilmember Shoemaker requested the 1956 minutes be provided on the subject ordinance. 9d. Report on Legislation re~ardin~ Gravel Management - Russian River The City Attorney reported on a proposed bill pending in Congress. The bill is in support of federal funding of a study of the watershed of the Russian River. Reg. Mtg. May 18, 1988 Page 4 125 M/S Hickey/Myers authorized the City Attorney to communicate with the general chairperson of the appropriate subcommittee regarding support of the general concept of a bill funding a study on the Russian River watershed. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey and Vice-Mayor Schneiter. NOES: None. ABSENT: Mayor Henderson. Recess: 8:00 p.m. Reconvened: 8:10 p.m. New Business 10a. Adoption of Resolution Authorizing Mayor and Clerk to si~n A~reement with Sun House Guild The City Manager reported on the few changes in the Sun House Guild agreement. Councilmember Shoemaker believes it should be the Chairman of the Board of Trustees to sign the agreement. M/S Shoemaker/Hickey continue the matter to the June 1, 1988 meeting so the matter can be clarified. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Mayor Henderson. 10b. Resignation of Robert Cannon from Traffic En~ineerin~ Committee Councilmember Myers acknowledged Mr. Cannon's service to the City over the years. He believes Council should consider Mr. Cannon's recommendation of Larry Beckstrom when making an appointment to the Traffic Engineering Committee. M/S Myers/Hickey accepted Mr. Cannon's resignation and directed the City Clerk to advertise the vacancy. The motion was carried by the following roll call vote: AYES: Councilmember Shoemaker, Myers, Hickey, and Vice-Mayor Schneiter. NOES: None. ABSENT: Mayor Henderson. 10c. Adoption of Resolution declarin~ Weed Abatement Councilmember Shoemaker believes that the City property should be abated better, and that the City should consider running the weed abatement program twice a year. The City Manager noted the Staff time of such a program. M/S Shoemaker/Hickey adopted Resolution No. 88-43, Declaring Weeds And Rubble Upon Private Property To Be A Public Nuisance and Ordering Abatement of same. The motion was carried by the following roll call vote: AYES: Councilmember Shoemaker, Myers, Hickey, and Vice-Mayor Schneiter. NOES: None. ABSENT: Mayor Henderson. 10d. Report of Administrative Actions and Proposals (R.A.A.P.) Councilmember Shoemaker noted the Park, Recreation and Cultural Arts Commissions agenda and minutes and thanked the Recreation and Parks Director for such. M/S Shoemaker/Myers approved the Report of Administrative Actions and Proposals (R.A.A.P.). The motion was carried by the following roll call vote: AYES: Councilmember Shoemaker, Myers, Hickey, and Vice-Mayor Schneiter. NOES: None. ABSENT: Mayor Henderson. Comments From Audience Sheridan Malone, 305 Hillcrest, believes the Downtown Merchants had not wanted to allow skateboarding at anytime of the day in a designated area. Ted Feibusch, 240 South Highland Avenue, thanked Council for looking into the Billiard and Pool Parlor Ordinance. He believes such has triggered the latest crack-down and drug bust at Daddy's. Reg. Mtg. May 18, 1988 Page 5 129 ~ity Council Reports Councilmember Shoemaker Noted Mr. B. J. Bell of Kageltni Cabinets request for a stop sign on Gobbi and Waugh Lane area. Noted the Ukiah Community Center's letter thanking Council for the recent Plus-5 funds. Noted the current application for grant funds of $19,900, hopefully will be awarded to the City. Read Suzanne Abel-Vidors letter thanking staff for their help on the application. Councilmember Myers Noted he will not be able to attend the June 1, 1988 meeting and asked when the new Council will be sworn in. Councilmember Hickey None. Vice-Mayor Schneiter Asked about water main breaks at the Clay and Stephenson Street. Recess: 8:32 to Redevelopment Reconvened: 8:47 p.m. Closed Session The City Attorney recommended going into Closed Session regarding Personnel and Property Negotiations. The Property Negotiations are with the County regarding the golf course. Council went into Closed Session at 8:50 p.m. Council reconvened at 9:54 p.m. Ad~ ournment There being no further business, the meeting was adjourned at 9:54 p.m. to May 31, 1988, 8:30 a.m., study session on development processes. Ref:CCMIN3 Yvette S. Hayes, City Clerk Reg. Mtg. May 18, 1988 Page 6