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HomeMy WebLinkAboutMin 07-15-87O8 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - JULY 15, 1987 The City Council convened in a regular session at 6:30 p.m., in the Public Meeting Room at the Grace Hudson Museum. Roll was taken and the following Councilmembers were present: Schne~ter, Shoemaker, Kier, and Mayor Henderson. ABSENT: Councilmember Hickey. Staff present: City Manager Payne, City Attorney Rapport, Public Works Director Pedroncelli, Community Development Director Harris, Finance Director Vara, Personnel Director Horsley, and City Clerk Hayes. INVOCATION/PLEDGE OF ALLEGIANCE Mayor Henderson delivered the Invocation and Councilmember Kier led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES Mayor Henderson noted a correction to City Council Minutes of July 1, 1987. Page 3, Item 9c, third paragraph, change the word multi to one. Councilmember Shoemaker noted a correction to the same Minutes. Page 5, sixth paragraph, change the words apologized to regretted. M/S Schneiter/Kier approved the City Council Minutes of July 1, 1987, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. SPECIAL ORDER OF BUSINESS - DISCUSSION WITH ARCHITECT, VICTOR LOPES - CIVIC CENTER Mr. Lopes noted the completion date is six weeks away. Councilmember Shoemaker asked when the lawns would be planted and noted concern with how they would look for the dedication ceremony. Mr. Lopes explained the lawns would be planted toward the end of the construction. RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. The Mayor noted that from their meeting of July 13, 1987, Council would be adding an Unfinished Business item, 10d, to the agenda, Discussion of Surplus Buildings - Civic Center Site. CONSENT CALENDAR The City Manager noted a written request that Item 7e - Adoption of Resolution Approving Final Map - Ford Street Subdivision be pulled from the Consent Calendar and no action be taken at this time. M/S Kier/Schneiter tabled Consent Calendar Item 7e. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmember Kier. M/S Kier/Schneiter approved the Consent Calendar Items 7a, 7b, 7c, 7d, 7f, 7g, and 7h, as follows: 7a. Approved the Payroll Warrants of July 15, 1987, #14637 to #14799, in the amount of $95,993.56. 7b. Approved the General Warrants of July 15, 1987, #35087 to #35142, in the amount of $462,810.91. 7c. Authorized the City Manager to execute a supplemental agreement with Robert I. MacDougall, Jr. to update appraisals for avigation easements in the amount of $8,000. Reg. Mtg. July 15, 1987 Page 1 O9 7d. Adopted Resolution No. 88-3, Fixing Limitations on City Expenditures for Fiscal Year 1987-88. 7f. Authorized the issuance of a demolition permit for the structure at 530 South Main Street. 7g. Awarded the bid of light fixtures, poles, and electrical boxes to G.E. Supply in the amount of $15,029.21. 7h. Approved the Report of Administrative Actions (R.A.A.P.). The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. PETITIONS AND COMMUNICATIONS 9a. Letter from Ukiah Downtown Merchants Association regardin~ Parking Ordinance The City Manager noted the letter received from the Downtown Merchants. He commented on the issues the Merchants addressed noting possible complications of enforcement and suggested possibly changing 90-minute parking to 60 minutes. Mike Rogers, 260 So. School Street, spoke on the parking issue noting since his move two blocks from the Courthouse, parking spaces are more readily available. Mayor Henderson suggested that possibly through public awareness and peer pressure in and around the Courthouse, the offenders will soon uSe the available parking lots. The City Manager noted parking permits are available for Downtown employees. M/S Kier/Shoemaker referred the Downtown Merchants' issue on the Parking Ordinance to staff. Councilmember Schneiter suggested investigating prohibition of parking during certain hours. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmember Hickey. 9b. Letter from Ed Karsh Requesting Appearance Before the City Council - State Street and School Street Vandalism The City Manager noted the letter from Mr. Karsh. Ed Karsh, 272 North State Street, expounded on his letter. He believes the City is largely responsible for the current situation. He asked the Council to take action so as to create an environment that does not encourage Downtown loitering. He noted the fine job the Police are doing, but believes there should be stricter curfew laws. Council noted the present problem but questioned their options. Jack Grandon, 611 West Standley, owner of Daddy's. He believes that those who come into his business are not those who loiter and further explained the type of place he is trying to establish. Council discussed the issue further. Mr. Karsh again addressed Council and suggested the Police ask other cities how they have dealt with problems of the like. The City Manager commented on the Police's pro-active handling of the issue. After much discussion, Council concurred to accept the letter with the possibility of later reagendizing the matter if the problem persists. Reg. Mtg. July 15, 1987 Page 2 10 PUBLIC HEARING 8a. Appeal of Use Permit No. 87-77 - Eugene A. Silva - Corner of Magnolia and North State Streets The Community Development Director explained the Planning Commission's approval of the Use Permit. He noted the appeal concerns the hourly operation for Building B. Council queried to the business in Building B and if the City has standards for regulating noise during business hours of operation. PUBLIC HEARING OPENED - 7:28 P.M. Morey McCloud, 301 Snuffin Street, believes noises of a lawnmower or a chainsaw from the neighborhood could create the same kinds of noise a business could. He believes the appeal should be granted. Eugene Silva, Architect for the project, explained the reason for the appeal. Doesn't know what type of business will be in Building B, but by restricting the time of use, further restricts the marketability of the space. PUBLIC HEARING CLOSED - 7:33 P.M. Councilmember Shoemaker suggested that the business that goes into Building B be made to apply for a use permit. Councilmember Schneiter asked if the City was precluding that a business would violate the noise ordinance. The City Attorney noted the Negative Declaration did not mitigate or identify any noise problems in its environmental review. Thus assuming, any business could create some noise. There was further discussion of the noise ordinance, how a use permit can impose hours of operation, when noise can be generated, and imposing too many regulations on new businesses. M/S Kier/Schneiter uphold the appeal by modifying Condition No. 4 of Use Permit Application No. 87-77: Operating hours for Building B be no earlier than 7:00 a.m. and no later than 7:00 p.m. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. UNFINISHED BUSINESS 10a. Adoption of Resolution Appointing Commission Members The City Manager suggested that Council consider New Business - Item llc - Introduction of Ordinance Establishing Five (5) Member Commissions at this time. He explained his memo noting some options for Council; appointing members to fill the current commission vacancies and adopting the Ordinance for future attrition. Councilmember Schneiter informed Council that he revisited the proposal of a five-member commission and has since decided to support the seven-member commissions. Councilmember Shoemaker suggested reviewing the Commission goals during Council's review of their own. M/S Shoemaker/Schneiter not introduce the Ordinance establishing five (5) member Commissions. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter,. Shoemaker, and Kier. NOES: Mayor Henderson. ABSENT: Councilmember Hickey. Mayor Henderson submitted James Robert Wattenburger as an appointee to the Airport Commission. Reg. Mtg. July 15, 1987 Page 3 11 M/S Schneiter/Kier approved James Robert Wattenburger to the Airport Commission. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmember Hickey. Mayor Henderson submitted Arthur W. Simmonds as an appointee to the Airport Commission. M/S Schneiter/Kier approved Arthur W. Simmonds as an appointee to the Airport Commission. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmember Hickey. Resolution No. 88-4 reflects the appointments to the Airport Commission. Councilmember Shoemaker suggested to the Mayor that she submit Philip Baldwin as an appointee to the Planning Commission. Mayor Henderson submitted David L. Dickey as an appointee to the Planning Commission. M/S Henderson/Schneiter approve David L. Dickey as an appointee to the Planning Commission. The motion was declared lost by the following roll call vote: AYES: Mayor Henderson. NOES: Councilmembers Schneiter, Shoemaker, and Kier. ABSENT: Councilmember Hickey. Mayor Henderson submitted Keith L. Trouette as an appointee to the Planning Commission. M/S Kier/Henderson approved Keith L. Trouette as an appointee to the Planning Commission. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. Resolution No. 88-5 reflects the appointment to the Planning Commission. M/S Henderson/Kier appointed Pamela Armanino to the Parks, Recreation, and Cultural Arts Commission. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. M/S Henderson/Schneiter appointed Alice J. Langton to the Parks, Recreation and Cultural Arts Commission. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Htckey. M/S Shoemaker/Henderson appointed Jerry Newton to the Parks, Recreation, and Cultural Arts Commission. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. M/S Kier/Schneiter appointed Edward N. Nichols to the Parks, Recreation and Cultural Arts Commission. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. Resolution No. 88-6 reflects the appointments to the Parks, Recreation, and Cultural Arts Commission. Councilmember Shoemaker expressed concern with the appointment/nominating process of the Commissioners. He requested the matter be agendized for the Goal Setting Sessions. 10b. Matter of Mendocino County Overall Economic Development Plan The City Manager explained the list provided by the planning Director and asked him to present the same. The Community Development Director reviewed the revised list. Council noted adding development of aviation services to the list. Reg. Mtg. July 15, 1987 Page 4 12 M/S Kier/Schneiter approved the submitted documentation with the noted addition for inclusion in the Mendocino County's Overall Economic Development Plan. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmember Hickey. Mayor Henderson requested a recess and noted when Council reconvened she would not be present for Item 10c. because of a possible conflict of interest. RECESS: 8:24 P.M. RECONVENED: 8:33 P.M. 10c. Authorize Execution of Agreement - Vichy Springs Investment Group The City Manager explained the agreement before Council noting it provides for the same level of fire protection City residents receive. He suggested that the per unit increases be addressed during the budget review. The City Attorney addressed the changes to be made to the agreement. Councilmember Shoemaker asked if new equipment and staff would be added to provide the service requested and how the level of service would be affected by adding this new area. The City Manager responded that no staff would be added but new equipment may be purchased. The level of service would not be affected because the City responds to all calls now in the Fire Protection areas. Gil Ashoff addressed Council noting why he is seeking fire protection from the City; because the City provides a higher level of fire protection services. Lee Howard, Ukiah Valley Fire Protection District, talked about the level of service the District provides vs. the City and discussed the current costs to the District per their contract with the City. He expressed concern with upcoming contract negotiations noting the District does not want to be charged for fire protection of the Vichy Springs District area. Council discussed the issue further. Mr. Ashoff noted wanting the sprinkler system requirement. Morey McCloud, 301Snuffin Street, commented on the current Sierra Sunset homes being provided with fire protection and believes the Vichy Springs area can be also. The City Manager explained the Fire District's contract with the City at length. M/S Kier/Shoemaker authorized the Mayor to execute an agreement on behalf of the City of Ukiah with the Vichy Springs Investors' Group to provide fire protection services for the Vichy Springs Development and Resort area on Vichy Springs Road. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, and Vice-Mayor Kier. NOES: None. ABSENT: Councilmember Hickey and Mayor Henderson. Mayor Henderson returned at 9:11 p.m. 10d. Discussion of Surplus Buildings - Civic Center Site The City Manager noted the tour the Council took on Monday of the surplus buildings and again noted Council's options. M/S Kier/Schneiter authorized the City Manager to enter into an agreement with the Ukiah Unified School District, allowing continued use of the two classroom buildings by the School District and requiring the School District to deposit an estimated $25,000 or provide a letter of credit for the same with the City to guarantee the removal of the two classroom buildings. If the School District chooses not to use the classroom buildings, the City Manager is authorized to dispose of the buildings in an appropriate manner. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmember Hickey. Reg. Mtg. July 15, 1987 Page 5 13 NEW BUSINESS lla. Authorize Execution of Agreement - Grace Hudson Museum and Sun House Contractor The City Manager explained his current meetings with the Contractor regarding the next year's contract. He noted the Governance Committee's report was addressed also. He further noted some minor changes to the contract. Council discussed the agreement. Suzanne Abel-Vidor, Contractor, addressed Council and reported she and the City Manager will explore better ways for the review process. M/S Shoemaker/Kier authorized the Mayor to execute the contract for the continued operation of the Grace Hudson Museum and Sun House. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. llb. Discussion of Safe Drinking Water Bond Law of 1986 and Possible Funding The Public Works Director explained the recent letter from the State Department of Health Services. It notes the State has assigned a priority level to Ukiah for a preliminary funding request for the design and construction of a filtration plant. Mayor Henderson noted the City has not even decided it needs a filtration plant. The City Manager spoke on the issue of the State requiring cities to have filtration systems and other levels of service. Council discussed the issue of the State mandating laws. The City Manager noted that when the well water definition changed to surface water, the criteria changed. Now the State will look at the potential risks of where the water is with relationship to its source and decide filtration is needed. They mandate filtration, they win the issue. Council discussed applying for loans vs. grants. M/S Schneiter/Kier authorized the application for two grant monies to design a filtration plant and to build it. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmember Hickey. lld. Matter of P.G.and E. Electric Rate Increase The City Manager explained P.G.and E.'s current rate increase. He anticipates P.G.and E. having a major increase by the end of the year. Staff will review taking action at that time. M/S Kier/Shoemaker take no action on the recent P.G.and E. rate increase. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmember Hickey. COMMENTS FROM AUDIENCE None. CITY COUNCIL REPORTS Councilmember Schneiter Noted last MTA Meeting cancelled. Councilmember Shoemaker Commented on an upcoming Sun House Guild fundraiser. Reg. Mtg. July 15, 1987 Page 6 14 Attended a recent Chamber Meeting; noted contract services will improve. City Manager Reported on Councilmember Hickey's recent fall. Councilmember Kier Noted Main Street Board met Monday. Mayor Henderson Commented on meeting with Millview Water representatives. Talked about upcoming meeting with Hauser and discussed and listed issues to be commented on. Commented on R.E.M.I.F.'s listing of the City's worth. Noted R.E.M.I.F.'s Open House on July 31, 1987. Upcoming meeting with a consultant for the Department of Health Services on July 31, 1987, at 10:00 a.m. on toxic pollutants. Announced may be absent for next City Council Meeting. Noted an invitation from the Department of Forestry for a meeting on July 25, 1987. Met with Rural Renaissance Committee the previous week. Upcoming League Meeting in Monterey next week. RECESS: 10:13 P.M. to Redevelopment RECONVENED: 10:17 P.M. CLOSED SESSION The City Attorney requested going into Closed Session regarding Section 54957.2, Subsection A, to the Brown Act, to discuss pending litigation, City of Ukiah vs. County of Mendocino, et al., Case No. A031917 and noted Meet and Confer would be discussed also. M/S Kier/Shoemaker to go into Closed Session to discuss the following: le Pending Litigation: ~ity of Ukiah vs. County of Mendocino, et al., Case No. AO31917. 2. Meet and Confer. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. Council went into Closed Session at 10:17 p.m. Council reconvened at 10:38 p.m. M/S Shoemaker/Schneiter authorized the City Attorney to file a petition for hearing in the California Supreme Court regarding the City of Ukiah vs. County of Mendocino, et al., Case No. AO31917. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmember Hickey. Reg. Mtg. July 15, 1987 Page 7 15 ADJOURNMENT There being no further business, the meeting was adjourned at 10:40 p.m. to July 29, 1987, at 10:00 a.m., 431 South Main Street, for the purpose of meeting with Assemblyman Hauser. Yvette S. Hayes City Clerk Reg. Mtg. July 15, 1987 Page 8