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HomeMy WebLinkAboutMin 02-17-8888 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - FEBRUARY 17, 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, Schneiter, and Mayor Henderson. Staff present: City Manager Payne, City Attorney Rapport, Public Works Director/Engineer Pedroncelli, Community Development Director Harris, Fire Chief Mitchell, Parks and Recreation Director McCarty, Personnel Director/Administrative Assistant Horsley, and City Clerk Hayes. INVOCATION/PLEDGE OF ALLEGIANCE Councilmember Myers delivered the Invocation and Councilmember Schneiter led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES Councilmember Schneiter made a correction to the City Council Minutes of the Regular Meeting of February 3, 1988, as follows: Page 2, Item 9a, 8th paragraph, should read: Councilmember Schneiter withdrew his motion with the consent of Councilmember Hickey. Councilmember Hickey made a correction to the same minutes: Page 3, last line, correct the spelling of stipen to stipend. Page 4, Item 9e.i., second paragraph, correct the spelling of marking to marketing. M/S Myers/Schneiter approved the City Council Minutes of the Regular Meeting of February 3, 1988, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, 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 Myers pulled Item 6a and 6b - .Payroll Warrants and General Warrants from the Consent Calendar. It then became New Business Item 9d. Councilmember Schneiter pulled Item 6f - Report of Administrative Actions and Proposals (R.A.A.P.) from the Consent Caiendar. It then became New Business Item 9e. M/S Myers/Hickey approved the Consent Calendar Items 6c, 6d, 6e, as follows: 6c. Denied the Claim for Damages, Stephen T. Wilder, and Referred the Matter to the Insurance Carrier. 6d. Awarded the bid for Padmount Transformers to Howard A. Dunn Company in the amount of $14,511.40. 6e. Awarded the bid for Playground Equipment at Todd Grove Park to Miracle Recreation Equipment in the amount of $13,849.96. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. PETITIONS AND COMMUNICATIONS 7a. Letter from Steve Jack re~ardin~ conditions at 1198 N. State, Valley Equipment Mr. Steve Jack addressed Council and read letters from neighbors supporting the allegation that Valley Equipment is a junkyard and the noise level is beyond what is allowed. He further discussed the sporadic clean-up efforts only began when the neighbors complain about the condition. He believes the Reg. Mtg. February 17, 1988 Page 1 89 City should act on the situation and not allow Valley Equipment to conduct its business at the present location. The Community Development Director reported on a field inspection done prior to the meeting and his contact with Mr. Willeford regarding Mr. Jack's allegations. He explained how Staff perceives the area at and around Valley Equipment; that being that it is not a junkyard. The City Attorney discussed allowed uses in a C-1 zone and items at Valley Equipment might be of ancillary use to Mr. Willeford's business. Further he noted that the City has a preliminary injunction order on Mr. Willeford, such can be brought to his attention. Council discussed the possibility that some of the equipment is not needed for the business in question, the noise issue was questioned and referred to the Police Department, and if the matter is referred to the courts, who ultimately decides whether the area is a junkyard. M/S Schneiter/Hickey recognized the area at Valley Equipment as a junkyard and directed the City Attorney to pursue the City's previous preliminary injunction order. Councilmember Shoemaker believes the area behind the fence, blocked from view, should not be anyone's concern but that the area around the business should be kept clean. He further believes that if there is a noise problem it could be mitigated between Mr. Willeford and the neighbors. Councilmember Myers believes Mr. Willeford's attention to cleaning up the area of his business could be achieved. Councilmember Schneiter believes Valley Equipment could house the equipment in a better fashion. Councilmember Hickey believes some of the equipment is not needed for the present business. The motion was carried by the following roll call vote: AYES: Councilmembers Hickey, Schneiter, and Mayor Henderson. NOES: Councilmembers Shoemaker and Myers. Councilmember Shoemaker noted he would have hoped this situation could have been mitigated between the neighborhood, Staff, and Mr. Willeford and stayed out of any court action. 7b. Letter from Ukiah Valley Fire Protection District Regarding New Contract and Disputed Issues Councilmember Schneiter noted recent negotiations and upcoming ones. It was the general consensus of the Council to table the matter. UNFINISHED BUSINESS 8a. Letter from Myrna Oglesby regarding Porzio Lane Development Mrs. Oglesby asked that the item be discussed after the New Business - Item 9c. Discussion of Gobbi Street sewer line capacity. Mayor Henderson noted Council's approval. Item 9f. It then became New Business - 8b. Ballot Measure providing for additional Mayoral compensation The City Attorney presented the ballot measure. M/S Shoemaker/Hickey approved the form of a ballot measure regarding the salary of an elected Mayor and the ordinance establishing the same for the June 1988 municipal election. The motion was carried by the following roll Reg. Mtg. February I7, 1988 Page 2 9O call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, and Mayor Henderson. NOES: Councilmember Schneiter. M/S Hickey/Henderson authorized Councilmember Myers to write an argument in favor of the measure to be included with the ballot. The motion was carried by a unanimous voice vote. NOES: None. NEW BUSINESS 9a. Proposed Si~n Replacement - Ukiah Municipal Airport The City Manager noted the request from Don King, who is on the Airport Commission, and further noted it has had the Commission's review. He suggested a sub-committee be established to review the design of the sign; i.e., Staff member, Councilmember, and Mr. King. Don King addressed Council and explained the need for the sign, the size of the sign will clear the bushes and trees in the area, and will conform with the Planning Commission. M/S Hickey/Schneiter approved the Airport sign project in concept and authorized staff to establish a trust fund. The committee of Don King, the Community Development Director, Michael Harris, and Councilmember Shoemaker will work together on the design of the sign. The motion was carried by a unanimous voice vote. NOES: None. 9b. Authorization to approve Agreement with DLH for Fire Dispatch/Record Management Software The City Manager explained reasons for wanting to bring the proposal to Council's attention. The Fire Chief explained the need for the record management program and noted it is compatible with the Fire Department's present system. M/S Shoemaker/Schneiter authorized the City to enter into an agreement with DLH for a Fire Dispatch/Record Management Software Program. The motion was carried by a unanimous voice vote. NOES: None. 9c. Discussion of Gobbi Street Sewer Line Capacity The Public Works Director/Engineer reported on the capacity problem in the sewer line on Gobbi Street. An approximately $135,000 is needed for construction to solve the problem. He proposed several ways to finance the project. The City Manager noted the transmission line services three-fifths of the City. He believes it affects the community on a broad basis and due to this the City should design, engineer, and construct the sewer line through general funds. The community as a whole should be assessed for such a project. M/S Schneiter/Hickey directed Staff to begin design and engineering of the Gobbi Street sewer line. The project to be constructed through the reserve funds. Councilmember Schneiter believes all sewer fees should be reviewed. Councilmember Shoemaker questioned the sources of in-flow. The Public Works Director/Engineer explained in-flows are due to heavy storms and is a problem in the specific area; infiltration is not the problem. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. The timeframe for the project was noted by the City Manager as probably before the next winter. Council asked Staff to notify upcoming or pending projects in the area of Gobbi Street of Council's direction toward the upgrading of the sewer line. Reg. Mtg. February 17, 1988 Page 3 91 9d. Payroll Warrants and General Warrants Councilmember Myers asked about the Chateau Lake Louise warrant. It was noted that it is for the Parks and Recreation Director's lodging at the National Conference of his department. M/S Myers/Hickey approved the Payroll Warrants of February 17, 1988, #17225 and #22532 through #22700, in the amount of $100,867.92, and the General Warrants of February 17, 1988, #36911 to #37069, in the amount of $400,412.46. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. 9e. Report of Administrative Actions and Proposals (R.A.A.P.) Councilmember Schneiter wanted to discuss a R.A.A.P. item, subject - Minor Subdivision No. 88-57 - Harris/Gross. He believes the development in question faces Marlene Street and should be allowed to develop. When areas interior and to the north of the said parcel are going to be developed is when the extension of Orchard Avenue should be addressed. The Community Development Director explained reasons for bringing the item to Council's attention; the owners propose a single-lot minor subdivision. To Staff, the minor subdivision represents development in the Orchard Avenue extension area. Discussion ensued. Again, Councilmember Schneiter noted reasons for wanting to discuss the matter. M/S Myers/Schneiter 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, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. 9f. Letter from Myrna Oslesby Resardin~ Porzio Lane Development Mrs. Oglesby explained the street dedications acquired by Nor-Cai/Ross on Porzio Lane. Further, she talked about the corner radius at the Gobbi Street intersection and additional improvements to the corner parcel being requested by the property owner and Nor-Cai/Ross of the City. Council noted the information presented to them that evening and believes more time should be given to review of the materials by Staff, the City Attorney and themselves. M/S Shoemaker/Schneiter agendize the new proposals for consideration for March 2, 1988. The motion was carried by a unanimous voice vote. NOES: None. COMMENTS FROM AUDIENCE None. CITY COUNCIL REPORTS Councilmember Shoemaker Discussed the Sun House floors are being refinished, last year's attendance at the Museum and Sun House, Bay Area Backroads program on spots in Ukiah, Sandelins receiving award from the Guild, upcoming program at the Sun House on photo restoration, Chamber repainted sign south of the City, Bay Area Backroads may return for the Hometown Festival, bed tax revenues received last year, upcoming Chamber mixer, budget, MTA bus signs, and article in Western Cities Magazine. Reg. Mtg. February 17, 1988 Page 4 Councilmember Myers None. Councilmember Hickey None. Councilmember Schneiter None. Mayor Henderson Noted upcoming Hauser event, letter from Willits supporting the other cities in the County with regards to off-shore oil drilling, letter from Governor regarding a candidate for the Young American Bravery and Service Award, and she'll be doing a weekly column in the Valley Times. CLOSED SESSION The City Attorney recommended that Council go into Closed Session under the Pending/Threatened Litigation exception to the Brown Act, Section 54956.9, Subsection B, to discuss Under~round Construction Company vs. City of Ukiah, et al., Mendocino County Superior Court Case No. 50850, and under Section 54957, to discuss Personnel. M/S Hickey/Shoemaker to go into Closed Session to discuss the following: 1. Underground Construction Company vs. City of Ukiah, et al., Mendocino County Superior Court Case No. 50850. 2. Personnel. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. RECESS: 8:40 P.M. to Redevelopment RECONVENED: 8:55 P.M. Council went into Closed Session at 8:55 p.m. Council reconvened at 11:07 p.m. ADJOURNMENT There being no further business, the meeting was adjourned at 11:07 p.m. Yvette S. Hayes City Clerk Reg. Mtg. February 17, 1988 Page 5