HomeMy WebLinkAboutMin 01-06-88MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - JANUARY 6, 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: Schneiter,
Shoemaker, Hickey, and Mayor Henderson. ABSENT: Councilmember Kier
(Resigned). Staff present: City Manager Payne, City Attorney Rapport, Public
Works Director/Engineer Pedroncelli, Community Development Director Harris,
Electric Director Roper, Finance Director Vara, Personnel
Director/Administrative Assistant Horsley, Deputy Director of Public Works
Goforth, City Manager's Secretary Stamelos, and City Clerk Hayes.
INVOCATION/PLEDGE OF ALLEGIANCE
Councilmember Hickey delivered the Invocation and the Mayor led the Pledge of
Allegiance.
APPROVAL/CORRECTION OF MINUTES
Mayor Henderson made corrections to the City Council Minutes of the Regular
Meeting of December 2, 1987, as follows: Page 2, under Item 7a, eleventh
paragraph, third line, remove one ~nd. Page 4, under Item 9c., first
paragraph, fourth line after the word use add: at Carpenter Park. Third
paragraph, second line, change present to presently. Fourth paragraph, first
line, after the word include add:, as an option,. Under Item 9e., first
paragraph, second line, after the words City needs: omit a and add: an
economic development. Second paragraph, second line, correct ~he spelling ~
municiple to municipal. Third paragraph, second line, after the word working
add: economic development. Fourth paragraph, first line, add an apostrophe
to Chambers. Page 5, under Councilmember Shoemaker's comments, second line,
change decorating to performing at.
M/S Schneiter/Shoemaker approved the City Council Minutes of the Regular
Meeting of December 2, 1987, as amended. The motion was carried by the
following roll call vote: AYES: Councilmember Schneiter, Shoemaker, and
Mayor Henderson. NOES: None. ABSTAIN: Councilmember Hickey.
RIGHT TO APPEAL DECISION
Mayor Henderson reviewed Section 1094.6 of the Code of Civil Procedure
regarding the appeal process.
CONSENT CALENDAR
Councilmember Schneiter pulled Item 6d. Authorize City Manager to Execute
Agreement to Withdraw 36 Kilowatt from City Allocation - Western Area Power
Administration. It then became New Business Item 10e.
Councilmember Shoemaker pulled Item 6e. Adoption of Resolution Authorizing
City Manager to Execute EDA Grant - Carousel Industrial Park. It then became
New Business Item 10f.
M/S Schneiter/Shoemaker approved the Consent Calendar Items 6a, 6b, 6c, 6f,
6g, and 6h, as follows:
6a. i. Approved the Payroll Warrants of December 16, 1987, #16399 to
#16636, in the amount of $I29,782.15 and the General Warrants #36392
to #36526, in the amount of $698,730.65.
ii. Approved the Payroll Warrants of January 6, 1988, #16637 to #16932,
in the amount of $209,502.46, and the General Warrants, #36527 to
#36660, in the amount of $397,528.68.
6b. Denied the Claim for Damages, Stephen Vincent Cardone, and Referred the
Matter to the Insurance Carrier.
6c. Awarded the bid for Padmount and Duplex Transformers to McGraw Edison
Company for Item No. 1, in the amount of $7,451.80, and to AMFAC Electric
Company for Item No. 2, in the amount of $12,365.96.
Reg. Mtg.
January 6, 1988
Page 1
6f. Adopted Ordinance No. 871, Amending Article 21 and Adding Article 15.5 to
Chapter 2 of Division 9 of the Ukiah City Code, Regulating The Location
and Operation of Homeless Facilities.
6g. Accepted the Notice of Completion from Contel Business Systems, Inc., for
Furnishing and Installing the Telephone System at the Ukiah Civic Center
and directed the City Clerk to file the same.
6h. Approved the Report of Administrative Actions and Proposals (R.A.A.P.)
The motion was carried by the following roll call vote: AYES: Councilmembers
Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None.
Mayor Henderson requested Council consider New Business Item 10d. Council
approved.
NEW BUSINESS
10d. Matter of Council Vacancy
1. Acceptance of Letter of Resignation - Councilmember Larry Kier
Mayor Henderson read Councilmember Kier's letter. Council accepted the letter~
of resignation.
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Discussion of Election versus Appointment
i. Adoption of Resolution Callin~ for an Election
ii. Adoption of Resolution to Appoint Councilmember
Council discussed the options before them.
Counctlmember Shoemaker stated that he felt it would be appropriate for
Council to consider Tom Mason and Jim Mastin for the appointment.
M/S Henderson/Schneiter nominated Charles G. Myers and adopted
Resolution No. 88-25, Appointing Councilmember to the City Council. The
motion was carried by the following roll call vote: AYES: Councilmembers
Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None.
Mayor Henderson noted that Council appointments and the appointment of a
Vice-Mayor would be agendized for the January 20, 1988 City Council meeting.
PETITIONS AND COMMUNICATIONS
8a. Letter from Bruce Richards, Mendocino Transit Authority, re~ardin$
Assembly Bill 2690
The City Manager noted the communications received.
M/S Schneiter/Shoemaker authorized the Mayor to write letters to
Assemblyman Katz, Hauser, and Chandler expressing opposition to
Assembly Bill 2690. The motion was carried by the following roll call vote:
AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson.
8b. Letter from Myrna Oglesby regardin~ Porzio Lane Development
Mayor Henderson noted a letter received that day from Myrna Oglesby requesting
the matter be reagendized for the February 3, 1988 City Council meeting.
Council concurred to continue the matter to February 3, 1988.
RECESS: 6:59 P.M.
RECONVENED: 7:07 P.M.
PUBLIC HEARING
7a. Appeal of Planning Commission Decision - Use Permit No. 88-23,
1371 Beacon Way, Karen Hill and Lynne Adler
The Community Development Director explained Use Permit Application No. 88-23
and the Planning Commission's conditions of approval.
Reg. Mtg.
January 6, 1988
Page 2
7O
Council discussed the future proposed improvements to the street and the
length of the dedication conditioned to the Use Permit.
The City Attorney explained the justifications to require dedications.
Councilmember Shoemaker noted he is a neighbor to the applicant.
The City Attorney explained reasons Councilmember Shoemaker could consider a
possible conflict of interest.
None was noted.
PUBLIC HEARING OPENED - 7:27 P.M.
Lynn Adler, 1371 Beacon Way, explained the reasons for purchasing the home in
the area in question; liked the character and side dwelling could be improved
to be a rental. Before buying the property she asked for information on
requirements by the City if a venture was entered into; dedications were not
mentioned. She believes the dedication being required is inappropriate and so
~she is appealing the condition.
Karen Hill, 1371 Beacon Way, further explained her concerns for the dedication
being required. She noted the trees that will be lost. She offered a copy of
the draft ordinance requiring dedications and reviewed sections of it.
Neil Cordis, 190 Beacon Lane, noted that if the dedication is needed, then
around his property trees and shrubs would be lost and the street would be
five feet from his home.
PUBLIC HEARING CLOSED - 7:45 P.M.
Council discussed the need for rentals, the setback requirement, and the
design of the dedication.
The City Attorney stated that if the City approves the Use Permit without a
public dedication, then the City should address the status of the whole
street; maintenance of all should possibly be abandoned.
The City Manager discussed public agencies requiring standards. Further he
believes if a bond is not posted or the applicant does not' pay for curb,
gutter, and sidewalks, then the pattern that sets the future value to the
community is lost because the City does not have the money to provide such.
M/S Henderson/Hickey dedicate 17 feet for the width of the Street and require
curb, gutter, and sidewalk.
Discussion ensued regarding the street dedication should possibly end where
the burm is now and Beacon Way not aligning with Wabash's dedications thus
Beacon Way may not ever be a City street.
The motion was declared lost by the following roll call vote: AYES: Mayor
Henderson. NOES: Councilmembers Schneiter, Shoemaker, and Hickey.
Councilmember Hickey moved to modify the Planning Commission's decision for
Use Permit No. 88-23 by removing all three conditions.
After some discussion Councilmember Hickey withdrew his motion.
M/S Schneiter/Hickey grant Use Permit No. 88-23, striking
conditions 1, 2, and 3 imposed by the Planning Commission based on the
findings that it will not be detrimental to the health, safety, or welfare of
the neighborhood and because there was adequate representation and a petition
accompanying the staff report, thus it is in the spirit and desire of the
neighborhood that it be maintained as it exists.
Mayor Henderson stated she believes some dedication should be required for
curb, gutter, and/or sidewalks.
Reg. Mtg.
January 6, 1988
Page 3
71
Councilmember Shoemaker also believes some dedication should be made for the
future but only to the street edge now present.
The motion was declared lost by the following roll call vote: AYES:
Councilmembers Schneiter and Hickey. NOES: Councilmember Shoemaker and Mayor
Henderson.
M/S Shoemaker/Hickey require a dedication of the privately owned paved area
and the area adjacent to it that would be considered a walkway or sidewalk.
The City Attorney expressed concern with writing up a legal description to
accompany the dedication by not mentioning any specific number of feet.
The motion was carried by the following roll call vote: AYES: Councilmembers
Schneiter, Shoemaker, and Hickey. NOES: Mayor Henderson.
7b. Appeal of Planning Commission Denial
Steve Woodbury, 410 Luce Avenue
- Variance No. 88-27,
Mayor Henderson noted a letter received that day from Mrs. Woodbury requesting
the appeal be withdrawn.
7c. Appeal of Planning Commission Decision - Variance No. 88-33, Jim Nix,
1170 West Standley Street
Mayor Henderson noted a letter from Mr. Nix requesting the appeal be
withdrawn.
7d. Appeal of Planning Commission Denial - Variance No. 88-28, George and
Ruth Lavers, 580 Empire Drive
Councilmember Shoemaker noted a possible conflict of interest and left at
8:30 p.m.
The Community Development Director explained the Variance and the Planning
Commission's denial.
PUBLIC HEARING OPENED - 8:33 P.M.
Ruth Lavers, 580 Empire Drive, discussed the established fences in the area.
She believes that staff's statement that the backyard area present is adequate
is a judgment call.
George Lavers, 580 Empire Drive, discussed the fences in the area further.
PUBLIC HEARING CLOSED - 8:43 P.M.
Council discussed why other fences have been granted.
The Community Development Director noted variances are looked at and
considered on an individual basis.
M/S Hickey/Schneiter uphold the Planning Commission's decision of
Variance No. 88-28 and deny the appeal. The motion was carried by the
following roll call vote: AYES: Councilmembers Schneiter, Hickey, and Mayor
Henderson. NOES: None. ABSENT: Councilmember Shoemaker.
Councilmember Shoemaker returned at 8:46 p.m.
RECESS: 8:46 P.M. to Redevelopment
RECONVENED: 9:03 P.M.
7e. Introduction of Dedication Ordinance
The City Manager noted a meeting would be held on January 7, 1988, with staff
and businesses affected by the draft ordinance. He suggested the public
hearing be rescheduled until input could be received and concerns addressed
into the draft ordinance.
PUBLIC HEARING OPENED - 9:05 P.M.
Reg. Mtg.
January 6, 1988
Page 4
No one present wished to speak on the issue.
Council concurred to continue the Public Hearing to January 20, 1988.
UNFINISHED BUSINESS
9a. Update on PLUS-5 Program
The City Manager discussed the two memorandums before Council. He believes
that the small amount of monies collected are in part due to a lack of support
by the community groups for the program. He suggested modifying and improving
the program so more support and donations can be seen. It was noted the
minimal amount of cost to the City to run the program thus far.
Councilmember Shoemaker noted his concern as mentioned before; the community
groups to receive such funds have never been designated.
Council set February 3, 1988, as the Public Hearing date to allocate the
monies collected to that date.
9b. Introduction of Ordinance Regarding Hours of Usage and Restricting
Drinking in City Parks
The City Manager reviewed the hours of usage and noted such could be an
effective tool to support the proposed ordinance.
Discussion ensued regarding whether it is appropriate to restrict the use of
the parks to certain hours and to restrict the possession of alcoholic
beverages in a city park.
Councilmember Shoemaker stated he believes the proposed ordinance would be a
good tool to control the present problem at Carpenter Park.
Councilmember Hickey stated he believes the proposed ordinance will only
create other problems.
Mayor Henderson stated she believes the hours of usage should remain the same
as presently in the Code.
Council concurred to amend the proposed Ordinance so as to only regulate the
use of alcohol.
M/S Shoemaker/Schneiter Ordinance No. 872 be introduced as amended by title
only. The motion was carried by a unanimous voice vote. NOES: None.
The City Attorney introduced Ordinance No. 872 by title only.
M/S Hickey/Schneiter introduced Ordinance No. 872, Amending Section 1990 of
the Ukiah City Code, Regarding the Use of Alcoholic Beverages in City Parks.
The motion was carried by the following roll call vote: AYES: Councilmembers
Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None.
9c. Adoption of Resolution Authorizing Application for Loan/Grant - Water
Filtration Plant/Storage Facility
The Public Works Director/Engineer reported on the proposed application. He
noted future potential capital outlays because a filtration system will be
required by the State. He suggested reiterating Council's displeasure with
the State's assessment of Ukiah's believed water rights. He believes the
removal of gravel has been a direct cause in the turbidity in the water and
eventually the citizens of Ukiah will have to pay for a filtration plant.
The City Manager noted the grant has to be coupled with a loan. He further
explained that since the State perceives a water problem, then a filtration
plant would eliminate their perceived concerns.
Reg. Mtg.
January 6, 1988
Page 5
Mayor Henderson stated she believes the gravel problem should be resolved and
asked for clarification on whether the proposed storage tank is for future
growth or storage.
The Deputy Director of Public Works explained that the State has set
guidelines and standards and has determined the storage the City should have
and needs.
Councilmember Shoemaker asked if gravel were reintroduced to the area of
concern could it solve the State's perceived problem with our water.
The City Manager believes it could but believes the State wants a filtration
plant built and nothing else will satisfy them.
Council discussed the turbidity standard, the City's water rights, and
appropriated water available to the City.
M/S Shoemaker/Schneiter accepted the State Department of Health
Services (D.O.H.S.) Permit but note displeasure with a) the (D.O.H.S.)
assessment of Ukiah's water rights status; and b) the premature classification
of the Ranney Collector as an "at risk" source of supply. Directed staff to
continue to investigate the possible role of "outside" parties to meet the
objectives of long-term water supply as outlined above.
Adopted Resolution No. 88-26, Authorizing City Manager to sign Application for
Grant/Loan Under 1986 Safe Drinking Water Bond Law. The motion was carried by
the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker,
Hickey, and Mayor Henderson. NOES: None.
Mayor Henderson asked what would be the next step if a loan/grant could not be
obtained.
The City Manager explained it would then come through rate increases.
9d. Introduction of Ordinance - Commission Appointments
The City Manager reviewed Council's desire that all commission appointments be
made by the Council thus, the proposed Ordinance.
M/S Hickey/Shoemaker Ordinance No. 873 be introduced by title only. The
motion was carried by a unanimous voice vote. NOES: None.
The City Clerk introduced Ordinance No. 873 by title only.
M/S Hickey/Schneiter introduced Ordinance No. 873, Amending Sections 1050,
1101, and 1151 of the Ukiah City Code, Concerning the Appointment of Members
to the Various City Commissions and Boards. The motion carried by the
following roll call vote: AYES: Commissioners Schneiter, Shoemaker, and
Hickey. NOES: Mayor Henderson.
Mayor Henderson stated she believes the Mayor's role should be reviewed. The
Mayor has few powers and with the Ordinance just introduced one of those few
powers is taken away.
The matter will be agendized.
NEW BUSINESS
10a. Appeal of Plannin~ Commission Denial - Site Development Permit No. 88-19,
Bank of America
The Community Development Director explained the Site Development Permit which
asks for a 30-foot high free standing sign in a commercially zoned area.
Gordon Young, 298 Toyon Road, Manager of the Ukiah Branch of the Bank of
America, believes a sign the height of the building would not be seen by
customers. He discussed the problems with visibility at the bank's location.
Reg. Mtg.
January 6, 1988
Page 6
Councilmember Hickey stated he believes the Bank is trying to conform to the
City's sign ordinance.
M/S Hickey/Schneiter grant Site Development Permit No. 88-19. The motion was
declared tied and lost by the following roll call vote: AYES: Councilmembers
Schneiter and Hickey. NOES: Councilmember Shoemaker and Mayor Henderson.
10b. Verbal Report - Two-Year Budget
The City Manager explained~and endorsed the concept of a two-year budget.
Council discussed the need to review the budget yearly.
Discussion ensued.
Council approved the concept of a two-year budget after a lengthy discussion.
10c. Approve Request for Proposals (RFP) - Economic Development
The Community Development Director explained the RFP.
Mayor Henderson stated she believes the presentation time should be extended
to ten minutes.
Councilmember Shoemaker stated he would like the RFP to go to video companies
also.
Council approved the RFP, the amended distribution list, and authorized
transmittal.
10e. Authorize City Manager to Execute Agreement to Withdraw 36 Kilowatt from
City Allocation - Western Area Power Administration
Councilmember Schneiter wanted clarification on the matter.
Councilmember Hickey explained the withdrawal.
M/S Schneiter/Shoemaker authorized the City Manager to execute the agreement
reducing the withdrawable portion of the City's allocation from
3,892 kilowatts of WAPA's withdrawable power to 3,856 kilowatts. The City's
contract rate of delivery from WAPA is now 8,773 kilowatts. The motion was
carried by a unanimous voice vote. NOES: None.
10f. Adoption of Resolution Authorizing City Manager to Execute EDA Grant -
Carousel Industrial Park
Councilmember Shoemaker expressed concern with whether the grant will be
obtained.
Discussion ensued.
M/S Hickey/Shoemaker adopted Resolution No. 88-27, Authorizing and Designating
Authorized Representative. The motion was carried by a unanimous voice vote.
NOES: None.
COMMENTS FROM AUDIENCE
William Muzio, 1157 W. Standley Street, talked about the Gibson Creek area
situation; burning going on all summer, grading being done, and rocks being
hauled in. He asked if the City has checked into the situation and required
permits.
The City Manager responded and a lengthy discussion ensued.
Reg. Mtg.
January 6, 1988
Page 7
Sheridan Malone, 305 Hillcrest, questioned the Economic Development RFP being
sent to video companies. He suggested the City might consult the County's
water lawyer for her opinion on the City's water rights.
CITY COUNCIL REPORTS
Councilmember Schneiter
Noted he missed the MCOG meeting on Monday.
Councilmember Shoemaker
Noted he will miss the next Chamber's Board meeting.
Discussed the easement around Gibson Creek.
Will attend the CALED Conference on January 27 and 28.
Noted his attendance at a Fire District meeting.
Councilmember Hickey
Noted there would be no broken bones in the years to come. He wished all a
prosperous and happy New Year.
Mayor Henderson
Noted a meeting tomorrow concerning the restructuring of MDC.
Attended League meeting on transportation in Los Angeles.
CLOSED SESSION
The City Attorney recommended that Council go into Closed Session under the
exception to the Brown Act, Section 54956.9, Subsection A, to discuss Pending
Litigation, City of Ukiah vs. Transcontinental Insurance Company, et al.,
San Francisco Superior Court Case No. 861774; and Underground Construction
Company vs. the City of Ukiah, et al., Mendocino County Superior Court Case
No. 50850.
M/S Hickey/Schneiter to go into Closed Session to discuss the following:
Pending Litigation: City of Ukiah vs. Transcontinental Insurance Company,
et al., San Francisco Superior Court Case No. 861774.
Underground Construction Company vs. City of Ukiah,
et al., Mendocino County Superior Court Case No. 50850.
The motion was carried by the following roll call vote: AYES: Councilmembers
Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None.
Council went into Closed Session at 11:50 p.m.
Council reconvened at 12:35 a.m.
ADJOURNMENT
There being no further business, the meeting was adjourned at 12:35 a.m.
Yvette S. Hayes
City Clerk
Reg. Mtg.
January 6, 1988
Page 8