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HomeMy WebLinkAboutMin 02-06-85113 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - February 6, 1985 The City Council convened in regular session at 6:30 p.m., in the City Council Chambers. Roll was taken and the following Councilmembers were present: Henderson, Kier, Hickey, Kelley and Mayor Myers. Absent: None. Staff present: Payne, Rapport, Frame, Goforth, Harris, Pedroncelli, Vara, Stamelos and McAfee. INVOCATION AND PLEDGE OF ALLEGIANCE The Director of Public Works, Robert Pedroncelli delivered the Invocation and Councilmember Hickey led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES i. Special Meeting January 10, 1985 M/S: Kelley/Hickey to approve the minutes of the January 10, 1985, special meeting as amended, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. ii. Regular Meeting January 16, 1985 Councilmember Kelley stated as the matter of the City Clerk's training was not agendized for this meeting as requested, he is requesting it be put on the February 20, 1985 City Council agenda. M/S: Kelley/Hickey to approve the minutes of the January 16, 1985, regular meeting as amended, carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: None. ABSTAIN: Councilmember Kier. ABSENT: None. iii. Special Meeting January 21, 1985 M/S: Kelley/Hickey to approve the minutes of the January 21, 1985, special meeting as submitted, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Kelley. NOES: None. ABSTAIN: Mayor Myers. ABSENT: None. RIGHT TO APPEAL DECISION Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. CONSENT CALENDAR Councilmember Hickey requested Item 6c be removed from the Consent Calendar and placed as Item 10h under New Business. M/S: Kelley/Henderson to approve Consent Calendar items 6a, 6b, 6d, 6e, 6f, 6g, 6h and 6i as follows: 6a. Approved Payroll Warrants #5056 to #5336, $164,683.98 6b. Approved General Warrants #27525 to #27835, $270,957.24 6d. Awarded Bid for the Purchase of a New 1985 Model, Heavy Duty, Two Axle Truck with 6-7 Yard Dump Body to W. C. Sanderson Ford, in the amount of $24,595.12 6e. Approved Resolution No. 85-51 Adopting an Investment Policy for 1985 6f. Approved Amended Proposal for FAA Automated Flight Service Station 6g. Awarded Bid for Construction of Drainage Facilities at the Ukiah Solid Waste Disposal Site to Lee Howard Construction Company in the amount of $26,539.96 6h. Approved Resolution No. 85-52 Appointing George Vara, Finance Director as the Alternate Director to the Redwood Empire Financing Authority 6i. Approved Report of Administrative Actions and Proposals (R.A.A.P.) Reg. Mtg. Yebruar¥ 6, I985 Page 1 114 Motion carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. PETITIONS AND COMMUNICATIONS 8a. Letter from Group W Cable Requesting Extension of Franchise The City Manager reported the City has received a letter from Group W Cable requesting a 120 day extention of the Cable Television Franchise for the City of Ukiah. The agencies are still negotiating the new franchise document. Staff recommended approval of the request. M/S: Hickey/Kelley to approve a 120 day extention of the Group W Cable Television Franchise, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 8b. Letter from Marjorie D. Thatcher Requesting Discussion of Outdoor Sales and Street Vending It was determined this matter could be discussed under Public Hearing 7b only because this item had been covered previously in the order of business. 8c. Letter from Ukiah Energy, Inc., Regarding Draft Agreement Councilmember Henderson asked to be excused from the Council Chambers due to a possible conflict of interest. The City Manager reported that the City Council authorized him to enter into discussions with Ukiah Energy, Inc., (UEI) for the purpose of preparing a draft agreement for Council's approval. He has met with Mr. Titlow several times and following each meeting an improved draft was returned to the City; however, he feels as of yet the draft does not adequately protect the City. He advised UEI that he believes the only way to proceed with a proposed agreement would be for UEI to obtain the services of an attorney to provide the City with a draft which addresses those areas that remain a concern of the City of Ukiah. He reviewed some of these areas. Staff recommended the Council consider the matter and decide whether they wish to have the City Attorney prepare the necessary documents providing the City with the legal assurances that he feels are appropriate, or whether they wish to refer the matter back to UEI to provide the City with those necessary assurances. Ed Titlow, President Ukiah Energy, Inc., 160 Calvert Drive, Ukiah stated that he concurs with the City Manager in that the draft agreement is not fully accountable to legal constraints that will be necessary to protect the City. He noted that for financial reasons he has not engaged UEI's attorney and requested the City Council have the City Attorney draw up the final agreement. Discussion ensued and many concerns were expressed i.e., does the City's letter of intent mean that UEI will be awarded an agreement, whether ash from the burner is considered hazardous or non-hazardous, whether the City will accept the use permit as proof of environmental concerns, the word toxic and non-toxic be changed to hazardous and non-hazardous, opening the City dump to hazardous waste, that only garbage in the immediate Ukiah area be dump at the dump site, can the City legally give someone all the garbage collected in the Ukiah area, and how the City should be involved in a County use permit. Councilmember Kelley requested that all the questions asked regarding this matter be responded to in writing, in the agreement by Ukiah Energy, Inc. M/S: Hickey/Kelley to have Ukiah Energy, Inc's., attorney draw up a proposed contract for review by the City Attorney for the City Council's approval, carried by the following roll call vote: AYES: Councilmembers Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Councilmember Henderson. Councilmember Henderson returned to the Chambers at 7:05 p.m. 8d. Letter of Resignation - Planning Commissioner Dennis Ivey Reg. Mtg. February 6, I985 Page 2 115 The City Manager reported the City has received a letter of resignation from Planning Commissioner, Dennis Ivey. M/S: Hickey/Kelley moved to direct staff to advertise this vacancy for the regular City Council meeting of February 20, 1985, carried by a unanimous voice vote. PUBLIC HEARING - 7:00 P.M. 7a. Appeal of Use Permit No. 85-26 - Seventh Day Adventist Church The Director of Planning reported at their meeting of January 9, 1985, the Planning Commission approved Use Permit No. 85-26 for Ukiah Adventist Church to establish a community service facility at 151 Cherry Street. The subject property is zoned C-2. The structure will be approximately 4,000 square feet and is intended to be utilized for sorting, washing, shipping and dispensing of clothing and household items to those in need. Staff recommended that the Council uphold the Planning Commission's approval of Use Permit No. 85-26. PUBLIC HEARING OPENED: 7:15 p.m. Linda Oliver, 12 Cherry Court expressed confusion as to what the facility was going to be used for. PUBLIC HEARING CLOSED: 7:16 p.m. The Director of Planning responded that the Ukiah Adventist Church plans to sort, wash and distribute clothing and household items locally to those in need. The hours of operation are 9 a.m. to 3 p.m., Tuesday through Thursday. The Church has the same operation in a house on Clay Street. M/S: Hickey/Henderson to uphold the Planning Commission's approval of Use Permit No. 85-26 and deny the appeal, carried by the following roll call vote: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 7b. Appeal of Use Permit No. 85-30 - Bonnie Rice to Establish an Outside Sales Establishment The Planning Director reported at the Planning Commission meeting of January 9, 1985, a use permit for Bonnie Rice to establish an outdoor flower sales operation at the southwest corner of Scott and State Streets was denied. The proposal generated considerable input from other florists and also raised the general question of requiring outdoors sales to have use permits. He reviewed ten (10) conditions that staff felt appropriate to be placed on the permit to mitigate the land use issues, signing and on-site parking and; therefore, recommended the Council uphold the appeal and to conditionally grant the use permit. The City Manager noted he had received a call from Frank Jennings of the Midas Realty Corporation indicating that the use permit application was not executed by someone from the Corporation who had authority to do so. They are in discussion with the applicant, but at this time have not approved the usage on their property. PUBLIC HEARING OPENED: 7:45 p.m. The following people spoke in favor of granting the use permit: A1 Pierce, Talmage, CA Sheridan Malone, Bulldog Brothers Foreign Auto Repairs, Ukiah Phil Woodard, 170 Oak Manor Court, Ukiah Brent Ruehlman, 444~ McPeak, Ukiah Morey McCloud, 309 Snuffin Place, Ukiah Leif Farr, 305 Scott Street, Ukiah Bonnie Rice, Applicant, 418 Mill Street, Ukiah stated in the past five (5) years outdoor flower sales have been conducted with a City business license originally issued to Virginia Ritchie and subsequently AM-PM Wholesale. On Reg. Mtg. February 6, 1985 Page 3 116 September 4, 1984, the business was transferred to her. In December 1984 it was brought to her attention that in order to continue her business she needed to apply for a use permit. On January 9, 1985 her application came before the Planning Commission and was subsequently denied creating the reason for her appeal. The following people spoke against granting the use permit: -Marge Thatcher, 416 Nokomis Drive, Ukiah -Paul Trouette 115 Brush Street, Ukiah -Pat Hotchkiss, 429 W. Gobbi Street, Ukiah -Ernie Fine, 1107 S. State Street, Ukiah presented Council with information regarding street vending and outdoor sales in other cities and requested it be made a matter of record. Petitions were presented to Council requesting the abolishment of street vending in Ukiah. PUBLIC HEARING CLOSED: 8:20 p.m. During discussion the following revisions were made to the conditions: #1. add, "and holidays"; #4. delete, "no free-standing signs be allowed"; and, #9. delete in its entirety, "operation be limited to one employee at any time". M/S: Kelley/Henderson to reverse the Planning Commission decision and approve Use Permit No. 85-30 contingent upon the revised nine (9) conditions recommended by staff, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. RECESS: 8:35 p.m. RECONVENED: 8:47 p.m. 8b. Letter from Marjorie D. Thatcher Requesting Discussion of Outdoor Sales and Street Vending It was determined during Public Hearing 7b that the City Council needs to address rules and regulations for outdoor sales and street vending. M/S: Kier/Kelley to refer outdoor sales and street vending to the Planning Cot, mission for review and recommendations to the City Council. The City Manager clarified the difference between outdoor sales and street vending by explaining that street vendors use public right-of-ways and outdoor sales use private property. The City Attorney suggested the Planning Commission be given direction as to what guidelines to establish. Amended Motion The maker of the motion with the approval of the second amended the motion to form a seven member committee with each of the Councilmembers submitting one name, a member of the Planning Commission and a member of the City Council all working together to establish guidelines for outdoor sales and street vending. Motion Withdrawn For the purpose of clarification, the maker of the motion with the approval of the second withdrew the motion. M/S: Kier/Kelley moved that the Mayor appoint an Ad-hoc Committee comprised of the Council, Planning Commission and citizens to study the establishment of guidelines for outdoor sales and street vendors, and to make recommendations to the City Council, carried by a unanimous voice vote. UNFINISHED BUSINESS 9a. .~doption of Ordinance No. 847 - Designating City Clerk's Salary M/S: Kelley/Henderson to adopt Ordinance No. 847 by Title only, carried by a unanimous voice vote. Reg. Mtg. .February 6, 1985' Page 4 117 M/S: Henderson/Hickey to adopt Ordinance No. 847 of the City Council of the City of Ukiah amending Chapter 3, Article 5 of the Ukiah Municipal Code establishing compensation for City Clerk, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. NEW BUSINESS 10a. Approval of Fourth Supplemental Agreement City/Ukiah Valley Sanitation District The Director of Public Works reported the two agencies have provided for the construction, operation and maintenance ~ of sewage disposal facilities consisting of a treatment plant and trunk sewer lines as a joint project. The intent of the Fourth Supplemental Agreement is to update cost sharing between the City of Ukiah and the Ukiah Valley Sanitation District by modifying certain charges and methods of apportioning payments to provide a more equitable apportionment of costs and to provide for future adjustments when necessary. Staff recommended Council's approval of the Agreement. The City Manager stated that even though this is in accord with what the Ukiah Valley Sanitation District wants, it will cost the City of Ukiah more money. Ail future costs, maintenance and operation of the plant, based on this Agreement, will be split based on customers. ~f/S: Kelley/Henderson to approve the Fourth Supplemental Agreement between the City of Ukiah and the Ukiah Valley Sanitation District, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 10b. Matter of Millview Water Distri. ct - City/District Agreement The City Manager stated staff is presenting this matter to the City Council and the Millview County Water District Board of Directors for review. No action is necessary. He suggested a Study Session whereby the Council and District Board could review the matter. He reported approximately a year an a half ago the City Council directed staff to undertake negotiations with the Millview Water Agency whereby the City of Ukiah would become the water provider for the existing Millview Water Agency service area. He reviewed the benefits to the customers of the current Millview area i.e., the lowering of the rates for Millview customers, and reviewed the benefits to the City of Ukiah i.e., the area is within the City's sphere of influence and is a future service area of the City. He noted it is recognized this is a large step for both the Millview County Water Agency and the City of Ukiah. Staff feels this will benefit the customers of both agencies. John Mayfield, Jr., member of the Millview County Water District Board expressed his dissatisfaction with the draft agreement. He stated the Board has not agreed to this document and stated policy questions should be addressed before a date for the study session is set. He indicated that he will not meet with City staff without having City Councilmembers present to answer policy questions. It was determined the City Council will be present at a Study Session with the Millview County Water District Board Tuesday, March 12, 1985, at 3:00 p.m., in the City Council Chambers. No further action was taken. 10c. Resolution No. 85-48 Approving California Housing Authority to Participate in Multifamily Rehabilitation and Infill New Construction Program within the Boundaries of Ukiah Roy Tindle, 405 W. Perkins stated the California Housing Finance Agency (CHFA) recently developed a Multifamily Rehabilitation and Infill New Construction Program for use by fifteen (15) communities in California. Under the Program, CHFA issued revenue bonds to provide long-term financing for rental Reg. Mtg. '~ebruary 6, 1985 Page 5 118 rehabilitat%on projects. The Agency is planning to issue bonds in late fall 1984 for additional communities and development. In order to participate in the program the City is asked to adopt a resolution authorizing the administration of the program within the jurisdictional boundaries of the City. During discussion it was indicated that the use of tax subsidized money is not always the most satisfactory method of construction. M/S: Kelley/Henderson to adopt Resolution 85-48 approving California Housing Authority to participate in Multifamily Rehabilitation and Infill New Construction Program within the boundaries of the City of Ukiah, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley and Mayor Myers. NOES: Councilmember Hickey. ABSENT: None. 10d. Approval of Revised Procedures and Policies for the Sun House Museum The Director of Parks and Recreation reported the Policies and Procedures Manual developed for the Sun House Museum in 1982 is in need of additions and revision. He reviewed the new areas to the Manual regarding Code of Ethics, Non-Discrimination Policy, Statement of Purpose and Collection Policy, Acquisition Policy and the De-Accession Policy. He also reviewed the revisions regarding the Acquisition Advisory Committee, final approval for De-Accession resting within the powers of the City Council and a new rule regarding photography in the the Sun House. Staff recommended approval of the revised Policies and Procedures Manual for the Sun House Museum. Rosalie Prosser, Curator, Sun House Museum requested that under the Sun House Statement of Purpose and Collection Policy that "The finest contemporary arts from Mendocino County Artists" be allowed to be shown at the Sun House Museum, and "mental handicap" be added to the Non-Discrimination Policy. M/S: Henderson/Kelley to approve the revised Policies and Procedures Manual for the Sun House Museum. Motion carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 10e. Resolution No. 85-49 Approving the Application for Land and Water Conservation Fund Grant - Ukiah Softball/Soccer Complex The Director of Parks and Recreation reported the Men's Softball Association is currently pursuing private fund raising efforts to raise money for a perimeter six foot chain link fence, bleachers and back-stops. Another fund raising method would be to have the City of Ukiah apply for a grant which is federally funded through the Land and Water Conservation Fund Program. The grant is administered by the California State Department of Parks and Recreation. It requires that the recipient agency spend 100% of the money up front and then is reimbursed for 50% of the grant. If Council approves the grant application, all of the matching money would come from the Ukiah Men's Softball Association. Upon grant approval from the State the Softball Association would deposit $5,500 with the City, then the City could spend up to $11,000 to implement bleachers, back-stops and fences. The City would receive a reimbursement from the LWCF for the remaining $5,500. During discussion it was established the Ukiah Men's Softball Association is a responsible organization. It was indicated the Project is compatible with Land Use Plans of the jurisdictions immediately surrounding the project and will not have a negative impact on the area. M/S: Kier/Kelley to adopt Resolution No. 85-49 of the City Council of the City of Ukiah approving the application for Land and Water Conservation Fund Grant in the amount of $11,000 for the Ukiah Softball/Soccer Complex Project, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 10f. Approval of Agreement with Victor Lopes, Architect - Site and Space Utilization Study of the Yokayo Site Reg. Mtg. February 6, 1985 Page 6 119 The City Manager reported Staff has prepared a Professional ServiCes Agreement with Victor Lopes to provide the Site and Space Utilization Study for the Yokayo Site. Staff recommended Council authorize the Mayor and City Clerk to execute the Professional Services Agreement with Victor Lopes. M/S: Kelley/Kier to approve the Professional Services Agreement with Victor Lopes to provide a Site and Space Utilization Study, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 10g. Resolution No. 85-50 Authorizing Mayor and City Clerk to Execute Agreement for the Purchase of The Old Yoka¥o Site, and Enter into Lease Agreement for the North/West Corner of Said Property The City Manager reported that consistent with the discussions between the Ukiah Unified School District and the City of Ukiah, upon approval, Resolution No. 85-50 would authorize execution of the Agreement to purchase the Yokayo School Site by the City of Ukiah. The Resolution also authorizes the Lease Agreement between the Ukiah Unified School District and the City whereby the most northwesterly 180 x 210 feet is leased back to the District for a period of 55 years for School District purposes. He noted a sixty (60) day escrow has been established. He stated the purchase of the Yokayo Site is a historical time for the City of Ukiah. Discussion ensued regarding different methods of financing and the possibility of hiring a financial consultant. M/S: Kelley/Kier to adopt Resolution No. 85-50 of the City Council of the City of Ukiah authorizing the Mayor and City Clerk to execute on behalf of the City the Agreement of Sale and Lease Agreement with the Ukiah Unified School District, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 10h. Award of Bid - Sale of 1953 GMC La France Fire Engine Councilmember Hickey reported a request has been made by the California State Department of Forestry that the City of Ukiah give assistance to the Westport Volunteer Fire Department. He explained Westport does not have a fire truck, and was not the highest bidder. He feels by awarding the bid of sale to them both Westport and the City of Ukiah will benefit as there is a Mutual Aid Agreement between the two agencies. M/S: Hickey/Kelley moved to award the Bid of Sale for the 1953 GMC La France Fire Engine to the Westport Volunteer Fire Department. The City Manager reported three (3) bids were received regarding the sale of the vehicle with Brian R. White Company, Inc., being the highest bidder. The legality of awarding the bid to someone other than the highest bidder has been brought to his attention. He stated Westport and the City of~Ukiah do have a Mutual Aid Agreement to assist one another in times of need. The City Attorney clarified the matter by explaining that the City must accept the highest bid, unless it can identify a tangible benefit to the City of its inhabitants in providing the equipment to another fire district or department at less than the highest bid. The motion was defeated by the following roll call vote: AYES: Councilmembers Hickey and Kelley. NOES: Councilmembers Henderson, Kier and Mayor Myers. ABSENT: None. M/S: Henderson/Kelley moved to award the Bid of Sale for the 1953 GMC La France Fire Engine to the highest bidder, Brian R. White Company, Inc., carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley and Mayor Myers. NOES: Councilmember Hickey. ABSENT: None. COMMENTS FROM AUDIENCE No one wished to address the City Council at this time. Reg. Mtg. February 6, I985 Page 7 120 CITY COUNCIL REPORTS Councilmember Henderson Reported she attended the January MTA meeting. with MTA will be renewed this summer. The Joint Powers Agreement Councilmember Kier Reported the Capital Improvement Fees Ad-hoc Committee expects to have a report for the City Council by March 6, 1985. Their review is encompassing three (3) different areas: 1) money, 2) requirements, and 3) procedures. Procedures seems to be a problem area. Councilmember Hickey Reported he attended a NCPA meeting January 30, 1985, at which time the Commission voiced they have lost confidence in the management abilities of NCPA General Manager, Mr. Grimshaw. He noted that upon hearing this Mr. Grimshaw resigned. Paul Cavote has been appointed as Acting General Manager. The selection process has been started to find a permanent general manager. Councilmember Kelley Reported the Ukiah Players have revised their by-laws. There is $6,000 in the fund towards Phase II, and everything is going well. There was no MCOG meeting. Mayor Myers Complimented Councilmember Hickey for his efforts regarding NCPA. He and City Staff members met with the Ukiah Valley Fire Protection District and hopefully resolved how to approach the differences between the budgets. He attended a R.E.M.I.F. meeting in San Francisco and reported R.E.M.I.F. is looking into the possibility of forming an insurance pool with other joint agencies. He expressed his pleasure that the City is a member of R.E.M.I.F. He reported on the canine demonstration the City Council attended on January 28, 1985. Discussion ensued regarding the pros and cons of having a Canine Unit, training, life expectancy of the dog, controlled environment and should more information be pursued prior to budget time. It was determined this matter should be pursued and decisions made prior to May 1, 1985. He requested information regarding the Circulation Study. He questioned whether the stop sign where Grove becomes Snuffin and Pine should remain, or whether a yield sign could be placed there. It was noted that after a study by the Traffic Engineering Committee it was determined the stop sign should remain in place. He inquired as to whether the stop sign at Gobbi Street and Main Street was addressed during the Circulation Study. It was noted that the Circulation Study was to address a circulation plan around the Courthouse i.e., three phase signals at Perkins and State, and Standley and State Streets. CLOSED SESSION Adjourned into Closed Session at 10:47 p.m. to discuss pending litigation in Contra Costa County regarding Underground Construction Company. ADJOURNMENT There being no further business the meeting was adjourned at 12:51 a.m. Reg. Mtg. February 6, 1985 Page 8 Faye McAfee Recording Secretary