HomeMy WebLinkAboutMin 06-17-87489
MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - JUNE 17, 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: Schneiter, Shoemaker, Hickey, and Vice-Mayor
Kier. Absent: Mayor Henderson. Staff present: City Manager Payne, City
Attorney Rapport, Public Works Director Pedroncelli, Electric Utilities
Director Roper, Planning Assistant Yarbrough, Personnel Director Horsley, and
City Clerk Hayes.
INVOCATION/PLEDGE OF ALLEGIANCE
The Public Works Director delivered the Invocation and Councilmember Schneiter
led the Pledge of Allegiance.
PROCLAMATION - Plowshares Awareness Day - June 25, 1987
Vice-Mayor Kier read the Proclamation declaring June 25, 1987 Plowshares
Awareness Day and delivered the same to Jim and Marie Souder.
APPROVAL/CORRECTION OF MINUTES
The City Manager noted a correction to the City Council Minutes of
June 3, 1987. Page 2, Item 9a, first paragraph, last line, omit: the loss of.
M/S Hickey/Schneiter approved the City Council Minutes of June 3, 1987, as
amended. The motion was carried by the following roll call vote: AYES:
Councilmembers Schneiter, Shoemaker, Hickey, and Vice-Mayor Kier. NOES:
None. ABSENT: Mayor Henderson.
M/S Hickey/Schneiter approved the Regular Adjourned Meeting Minutes of
June 10, 1987, as submitted. The motion was carried by the following roll
call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Vice-Mayor
Kier. NOES: None. ABSENT: Mayor Henderson.
RIGHT TO APPEAL DECISION
Vice-Mayor Kier reviewed Section 1094.6 of the Code of Civil Procedure
regarding the appeal process.
CONSENT CALENDAR
M/S Hickey/Schneiter approved the Consent Calendar, Items 7a, 7b, 7c, 7d, 7e,
and 7f, as follows:
7a. Approved the Payroll Warrants of June 17, 1987, #14329 to #14481, in the
amount of $94,929.22.
7b. Approved the General Warrants of June 17, 1987, #34835 to #34969, in the
amount of $563,325.21.
7c. Denied the following Claims for Damages and Referred the Matter to the
Insurance Carrier:
i. George Nicolas
ii. Thomas F. Parducci and Robert G. Sandelin
7d. Authorized the issuance of a demolition permit for a structure at
195 Brush Street.
7e. Authorized the Mayor to execute a contract for the exchange of sewer
easements at 840 West Smith Street.
7f. 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 Vice-Mayor Kier. NOES: None. ABSENT:
Mayor Henderson.
Reg. Mtg.
June 17, 1987
Page 1
491
Council discussed the conditions.
M/S Schneiter/Shoemaker approved Condition No. 2: Installation of curb,
gutter, and street paving along the entire Cresta Drive frontage and
Condition No. 6: Paving for parking to be 2" of asphaltic concrete over 6"
aggregate base be guaranteed with a one-year performance bond with an option
to renew for one more year. Add to Condition No. 8: to be completed with
Conditions 2, 3, and 6. The motion was carried by the following roll call
vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Vice-Mayor
Kier. NOES: None. ABSENT: Mayor Henderson.
8b. Continuation of Appeal by James Gordon of the Notice of Intent to Abate
Vehicle
The City Manager noted the reasons for continuing the Public Hearing.
At 7:20 p.m. it was noted that the Public Hearing was still open from the
June 3, 1987 Council Meeting.
James Gordon, 602 Walnut Avenue, explained how his mother has helped him
purchase another car. He noted he cannot afford to register the vehicle in
question and that he cannot ask his mother for too much help at one time.
PUBLIC HEARING CLOSED - 7:22 P.M.
Councilmember Hickey stated that he believes one of the conditions Council
should consider is that Mr. Gordon register his vehicle.
The City Attorney explained Council's options; Mr. Gordon show ownership and
he has by possessing the pink slip for the vehicle and that he prove
operability.
The City Manager again explained the conditions Council requested of
Mr. Gordon from the last meeting. That the vehicle's ownership be transferred
to Mr. Gordon and that he prove operability; neither has been done.
M/S Schneiter/Shoemaker Mr. Gordon is to show operability of the 1965 Ford
Pickup, California License S14901, to the Police Department by 5:00 p.m.,
June 19, 1987, and that he is to contact the City Manager's Office that day
noting the task has been completed. If the condition is not completed,
Council will proceed with the abatement process at their June 22, 1987 Council
Meeting. The motion was carried by the following roll call vote: AYES:
Councilmembers Schneiter, Shoemaker, Hickey, and Vice-Mayor Kier. NOES:
None. ABSENT: Mayor Henderson.
UNFINISHED BUSINESS
10c. Status Report on Buildin~ Permits
The Planning Assistant explained the status report on the City's building
permit processing and the County's rapid check.
Council noted the work being done by staff to improve the processing procedure
and indicated to staff they wanted a progress report on the matter in three
months.
M/S Hickey/Schneiter accepted and filed the report. The motion was carried by
the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker,
Hickey, and Vice-Mayor Kier. NOES: None. ABSENT: Mayor Henderson.
Councilmember Shoemaker requested that New Business, Item lla, be recognized
as Council's next business item on the agenda.
Council agreed to consider the item of business.
Reg. Mtg.
June 17, 1987
Page 3
492
NEW BUSINESS
lla. Letter of Request for Encroachment Permit - Shadow Project
The Public Works Director noted the request for an encroachment permit for a
Shadow Project. He explained his own research for public display options the
group could consider.
Councilmember Shoemaker asked what encroachment permits allow.
The City Manager explained permanent and temporary encroachment permits.
Council discussed the issue further.
Martin Bradley, 1 Lorraine Street, explained his reasons for believing the
Shadow Project is necessary noting it is not an advertisement.
Susan Crane, 1155 South Dora, produced an example of the shadow outline and
further explained the group's intent.
Dorothy Norvelle Anderson, 1155 South Dora, expressed her view of war and
weapons and the tragedies that occur.
Morey McCloud, 301 Snuffin Street, talked about the committee's intent and
expressed opposition to the project.
Erica Enzer, 215-A Main Street, commented on her opposition to all weapons and
believes the Shadow Project expresses the same.
Councilmember Shoemaker asked if the Shadow Project is an issue for the
Traffic Engineering Committee.
The City Attorney expressed concern with Council addressing the issue based on
the content behind the project, but rather they make it a policy decision of
whether to allow signs in the public right-of-way.
M/S Hickey/Schneiter continue the City of Ukiah's policy of not allowing any
signs placed in the public right-of-way.
After Council discussed the issue further and talked briefly on holiday
decorations allowed and finding other methods to express views:
The motion was carried by the following roll call vote: AYES: Councilmembers
Schneiter, Shoemaker, Hickey, and Vice-Mayor Kier. NOES: None. ABSENT:
Mayor Henderson.
RECESS: 8:10 P.M. to Redevelopment RECONVENED: 8:22 P.M.
UNFINISHED BUSINESS
10d. Mendocino County Overall Economic Development Plan
The City Manager noted the Planning Director's informal list.
Council discussed the specific items.
Councilmember Shoemaker suggested adding an item; Development of Health
Services.
Council discussed listing the items as goals, work elements, and
implementation and/or resources.
Staff noted the concerns mentioned by Council.
10e. Lake Mendocino Power Project - Final Payment Application
The City Manager requested the item be discussed in Closed Session.
Reg. Mtg.
June 17, 1987
Page 4
493
M/S Shoemaker/Schneiter refer the matter of Final Payment Application to
Closed Session. The motion was carried by a unanimous voice vote. NOES:
None. ABSENT: Mayor Henderson.
NEW BUSINESS
llb. Matter of Sale of Property to National Guard
The Public Works Director explained the proposal.
The City Manager noted that the proposal has the City paying for the public
improvements. These projects would be subject to public bidding. As a
result, the Engineer's estimate may or may not cover the projected costs.
M/S Hickey/Schneiter authorized the City Manager to offer a five-acre Airport
parcel to the California National Guard for $272,000 on the premise that
utility extensions and street improvements will be provided and installed by
the City in conjunction with the construction of the armory and on the
condition that the property and improvements shall revert back to the City
should the property no longer be used for National Guard purposes. The motion
was carried by the following roll call vote: AYES: Councilmembers Schneiter,
Shoemaker, Hickey, and Vice-Mayor Kier. NOES: None. ABSENT: Mayor
Henderson.
llc. Discussion of Budget Presentation Format
The City Manager noted several groups have expressed a desire to address
Council during the Budget review.
Council discussed if and when presentation could be made.
Council concurred that all public presentations would be scheduled for
June 22, 1987, at 8:30 a.m.
lld. Award of Bid - To Furnish and Install Furniture and Wall Partition System
M/S Schneiter/Hickey continue the Award of Bid to Budget Sessions. The motion
was carried by a unanimous voice vote. NOES: None. ABSENT: Mayor Henderson.
lle. Matter of Potential Conflict - City Attorney - Pinoleville Indian
Reservation
The City Attorney explained the issue of potential conflict of interests
possibly occurring between his representing the Pinoleville Indian Reservation
and the City of Ukiah. He contacted the Fair Political Practices Commission
and they believe no conflict exists.
M/S Hickey/Schneiter consented to the City Attorney continuing to represent
the Pinoleville Indian Reservation's interests. The motion was carried by the
following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey,
and Vice-Mayor Kier. NOES: None. ABSENT: Mayor Henderson.
COMMENTS FROM AUDIENCE
None.
CITY COUNCIL REPORTS
Councilmember Schneiter
None
Councilmember Shoemaker
Noted the Sun House installation luncheon for June 23, 1987, the Chamber
having a fireworks show on July 3, 1987, and a proposed date of July 8, 1987,
for a meeting with Millview Water District.
Reg. Mtg.
June 17, 1987
Page 5
494
Councilmember Hicke¥
None.
Vice-Mayor Kier
Noted MCOG met and passed the Overall Work Plan.
City Manager Payne
Informed Council that the City was happy to have the Fire Chief back on the
job after a lengthy illness.
City Attorney Rapport
Informed Council of his future absence for the July 1, 1987 City Council
Meeting. He noted if Council needs legal counsel, Les Marston is available.
CLOSED SESSION
The City Attorney recommended going into Closed Session regarding
Section 54957.2, Subsection A, to the Brown Act, to discuss pending
litigation, Underground Construction Company vs. City of Ukiah, et al.,
pending in Mendocino County Superior Court, Case No. 861774.
The City Manager noted Meet and Confer would be discussed also.
M/S Hickey/Schneiter to go into Closed Session to discuss the following:
1. Pending Litigation: Underground Construction Company vs. City of Ukiah,
et al., pending in Mendocino County Superior Court, Case No. 50850.
2. Pending Litigation: ~ity of Ukiah vs. Transcontinental, pending in
San Francisco Superior Court, Case No. 861774.
The motion was carried by the following roll call vote: AYES: Councilmembers
Schneiter, Shoemaker, Hickey, and Vice-Mayor Kier. NOES: None. ABSENT:
Mayor Henderson.
Council went into Closed Session at 9:17 p.m.
Council reconvened at 9:31 p.m.
UNFINISHED BUSINESS
10e. Lake Mendocino Power Project - Final Pa)anent
M/S Schneiter/Hickey authorized the Final Payment adjustment and authorized
Tudor to prepare a final change order incorporating the numbers to be
submitted to Underground for signature. The motion was carried by the
following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey,
and Vice-Mayor Kier. NOES: None. ABSENT: Mayor Henderson.
Council went into Closed Session at 9:32 p.m.
Council reconvened at 10:35 p.m.
ADJOURNMENT
There being no further business, the meeting was adjourned at 10:35 p.m. to
June 22, 1987, at 8:00 a.m., at 111 West Church Street, for the purpose of
Budget Sessions.
Yvette S. Hayes
City Clerk
Reg. Mtg.
June 17, 1987
Page 6
