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HomeMy WebLinkAboutmin 11-07-8477 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - November 7, 1984 The City Council convened in regular session at 6:30 p.m. in the C~ty Council Chamber. Roll was taken and the following Councilmembers were present: Henderson, Kier, Hickey and Mayor Myers. Absent: Councilmember Kelley. Staff present: Payne, Rapport, Frame, Harris, Pedroncelli, Roper, Stamelos and McAfee. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Hickey delivered the Invocation and Councilmember Kier led in the Pledge of Allegiance. PROCLAMATION Mayor Myers proclaimed November 15, 1984, as Great American Smokeout Day. APPROVAL/CORRECTION OF MINUTES 4a. Regular Meeting, October 17, I984 M/S: Henderson/Kier to approve the minutes of the October 17, 1984, regular meeting as submitted, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier and Mayor Myers. NOES: None. ABSTAINED: Councilmember Hickey. ABSENT: Councilmember Kelley. 4b. Special Meeting, October 25, 1984 M/S: Hickey/Henderson to approve the minutes of the October 25, 1984, special meeting as submitted, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. RIGHT TO APPEAL DECISION Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. CONSENT CALENDAR M/S: Kier/Henderson to approve Consent Calendar items 6a, 6b, 6c, 6d, 6e, 6f, 6g and 6h as follows: 6a. Approved Payroll Warrants #4207 to 4348, $81,660.95 6b. Approved General Warrants #27027 to 27152, $955,820.58 6c. Approved Revised Agreement with Historical/Architectural Consultant 6d. Awarded Bid for Load Break Tool to Electrorep, Inc., in the amount of $673.63; Awarded Bid for 48, 100 amp, 15KV Cutouts to G. E. Supply, in the amount of $2,498.21; Awarded Bid for 25, 200 amp, 15KV Cutouts to Bayside, in the amount of $1,621.80 6e. Awarded Bid for eight (8) Transformers to Maydwell & Hartzell in the amount of $6,485.00 6f. Rejected Claim for Damages as a Late Claim, Edward Campos, and Referred to Insurance Carrier 6g. Denied Claim for Damages, Susan Stewart, and Referred to Insurance Carrier 6h. Approved Report of Administrative Actions and Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. PETITIONS AND COMMUNICATIONS 8a. Letter from West Standley Street Residents Regarding Standley Street Paving Reg. Mtg. November 7, 1984 Page 1 78 The Director of Public Works reported the City has received a letter from the Standley Street residents asking why West Standley Street was not overlayed with two layers of paving. He reviewed several visual aides and explained the first layer of paving on Standley Street met specifications, but resulted in a very oily appearance so the contractor applied a sand seal. The following Standley Street residents expressed their dissatisfaction with the quality of paving done on Standley Street: -Stephanie Melanson, 1059 W. Standley -Marvin Fuller, 1038 W. Standley -Vera Vargus, 1026 W. Standley -Ron Kusina, 1052 W. Standley -Lee Cisco, 1042 W. Standley There was discussion regarding paving being done for cosmetic/esthetic versus structural reasons, and the possibility of Standley Street being reviewed as a priority for another overlaying during the City's budget hearings. Stephanie Melanson, 1059 W. Standley felt a closer check should be kept on Parnum Paving Company regarding work they may do in the future. Mayor Myers thanked the residents of Standley Street for attending the Council meeting to express their concerns regarding this matter. No further action was taken. PUBLIC HEARING - 7:00 P.M. 7a. Prezone 85-1I, Old Sewer Treatment Plant - North Fire Station The Director of Planning reported in light of the Council's annexation goals, reconsideration of possible annexation of the the Old Sewer Treatment Plant on Gobbi Street (approximately thirty-seven acres) and the North Fire Station on State Street (approximately one acre) have been initiated. The properties are City owned, and both areas are General Planned Public; therefore, the prezone is consistent. Staff recommended adoption of the Negative Declaration and introduction of the Ordinance. PUBLIC HEARING OPENED: 7:06 P.M. No one wished to address the Council regarding this matter. PUBLIC HEARING CLOSED: 7:07 P.M. i) Negative Declaration M/S: Hickey/Kier to find the Negative Declaration adequate and complete, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. ii) Introduction of Ordinance No. 843 M/S: Hickey/Kier to introduce Ordinance No. 843 by Title only, carried by a unanimous voice vote. M/S: Hickey/Kier to introduce Ordinance No. 843 of the City Council of the City of Ukiah Prezoning Certain Property: Old Sewer Treatment Plant and North Fire Station, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. 7b. Prezone 85-16, Talmage Road North The Director of Planning reported as part of General Plan 1984-AA, and at the request of the property owner on North Talmage Road, the Council changed the land use designation for the subject property from Agriculture to Commercial. The proposed prezoning is from Mendocino County AG:40, Agricultural, 40 acre minimum to City of Ukiah C-I, Light Commercial and is consistent with the Reg. Mtg. November 7, 1984 Page 2 79 General Plan. Staff recommended approval of the proposed prezoning of the approximate three and one-half acres. The Negative Declaration was considered during the General Plan Amendment for land use change. PUBLIC HEARING OPENED: 7:15 P.M. The following citizens spoke against the proposed prezoning: A1 Pierce, 1970 Talmage Road John Ratto, 1280 Sanford Ranch Road Martha Barra, 204 N. Spring The Talmage Action Committee (TAC) expressed concern regarding the conversion of this agricultural land to commercial. They voiced their fears of having to incorporate Talmage in order to avoid further proposed encroachments. PUBLIC HEARING CLOSED: 7:24 P.M. Concern was expressed regarding consistency in the noticing procedures and why citizens did not speak out before regarding this matter. The Director of Planning explained legal requirements for zone changes are to notify all property owners within three hundred (300) feet of the subject properties. This was the procedure extended to the General Plan Amendment hearings and the proposed zone change. i) Introduction of Ordinance No. 844 M/S: Hickey/Henderson to introduce Ordinance No. 844 by Title only, carried by a unanimous voice vote. M/S: Hickey/Kier to introduce Ordinance No. 844 of the City Council of the City of Ukiah Prezoning Certain Property: Talmage Road North, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. PETITIONS AND COMMUNICATIONS (Continued) 8b. Letter From Christina Hultberg Dwiggins Regarding Pound Seizure The City Manager reported the City of Ukiah has received several documents from the Citizens Against Pound Seizure (CAPS). In addition, the City has received a sample resolution opposing the use of impounded animals for research purposes which CAPS has requested the Council adopt. John Oliver, retired D.V.M., stated pound seizure is the-selling of animals from public shelters/pounds to research laboratories. Citizens Against Pound Seizure are not anti-research, nor anti-science but are opposed to the use of impounded animals (pets) for research purposes. Animals specifically bred for the purpose of research are available from commercial breeding facilities nationwide. He requested that Council adopt the sample resolution. Christina Hultberg Dwiggins, 421 Jones Street, Ukiah stated only ten (10) counties out of a total of fifty-eight (58) in California still sell impounded shelter animals to research laboratories. The Mendocino County Animal Shelter is one of the ten. Because of this policy, the citizens of Ukiah are denied the assurance that a pet they can no longer care for will either be placed in a new home or painlessly put to sleep at a tax supported shelter. She requested that Council adopt the resolution. M/S: Henderson/Hickey moved adoption of Resolution No. 85-33 opposing the use of impounded animals (pets) for research purposes. Discussion ensued regarding the considerable amount of interest generated by the citizens of Ukiah regarding this issue, and the importance of the educational process in educating the public regarding licensing and taking care of their animals. It was determined to delete the second paragraph from the sample resolution. Reg. Mtg. November 7, 1984 Page 3 8O The motion carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. RECESS: 7:50 P.M. RECONVENED: 8:02 P.M. 8c. Letter From Mendocino County Youth Project The City Manager reported the City has received a letter from the Mendocino County Youth Project (MCYP) requesting the City Council allocate $2,145 to the MCYP. The MCYP has proposed that they will return $360 a month back to the City of Ukiah to offset the expenditure for a recreation youth worker. Jim Levine, Director Mendocino County Youth Project stated since January 1981 the City of Ukiah and the MCYP have cooperatively operated a Recreation Program for Ukiah. Funding for the Youth Project came from the State Department of Parks and Recreation Roberti Z'Berg grant funds. For the first time since 1980 these grant funds will not be available. He proposed that the income from the Ukiah Recreation Program could offset a significant percentage of the costs of the part-time recreation workers position. He explained that up to $360 per month of income could be returned to the City of Ukiah. Jim Kolesar, Probation Officer for Mendocino County urged the City Council to support this program. The City of Ukiah's Recreation and Parks Director reported the MCYP has proposed the City of Ukiah fund this position through their agency by contract. Staff is of the opinion that it would be more cost effective and efficient for the MCYP to use their revenues from the Recreation Program to fund this part-time position. He indicated the City of Ukiah Park and Recreation Department will continue to work together with the MCYP in a cooperative effort to develop a quality Recreation Program for the citizens of the Ukiah Valley. Discussion continued regarding allocating revenue sharing funds to the MCYP for criminal diversion; a part-time position for the City of Ukiah being a maximum of nineteen hours per week; escalation of costs to the City if the position becomes full-time;.and the availability of grant funds. M/S: Kier/Hickey to support the Mendocino County Youth Project as a part-time position for the City of Ukiah through fiscal year (June) 1985, in the amount of $1,245 to be taken from the General Contingency Fund, and review the programs proposed continuation at the next budget hearings, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. 8d. Letter Requesting Appointment of Building Code Appeals Board The City Manager reported Attorney Norman Rossen has requested this matter be continued to the December 5, 1984, City Council meeting. M/S: Kier/Hickey to continue the matter of "Letter Requesting Appointment of Building Code Appeals Board" to the December 5, 1984, City Council meeting, carried by a unanimous voice vote. UNFINISHED BUSINESS 9a. Adoption of Ordinance No. 842. - Regarding Effective Date of Increase Hotel/Motel Tax M/S: Hickey/Henderson to adopt Ordinance No. 842 by Title only, carried by a unanimous voice vote. M/S: Hickey/Henderson to adopt Ordinance No. 842 of the City Council of the City of Ukiah amending Ordinance No. 831, reflecting City Hotel/Motel Tax to delay effective date based on the contingency of Ukiah being awarded the Automated Flight Service Station, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. Reg. Mtg. November 7, 1984 Page 4 82 10d. Acceptance of Fiscal Audit 1984 and Revenue Sharing Compliance Joe Tucker, auditor for Davis Hammon and Company stated his company has examined the financial statement of the various funds and account groups of the City of Ukiah for the year ending June 30, 1984 and have issued their report. Based on this examination, they noted no instances of noncompliance with the regulations and no material differences between the data on Bureau of Census Form F21A and the audited records of the City. He made recommendations for improvement of the City's internal and management controls. The City Manager indicated that he is pleased with the Audit Report. M/S: Hickey/Kier to accept the Fiscal Audit Report 1984 and Revenue Sharing Compliance, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. 10e. Authorize the City Manager to Execute Letter of Understanding by Ukiah, Willits and Fort Bragg - Narcotics Task Force The City Manager reported the cities of Ukiah, Willits and Fort Bragg are proposed participants in the Mendocino County Drug Task Force with the County of Mendocino, California Bureau of Narcotic Enforcement and the California Highway Patrol. As the Agreement calls for a cash payment of $5,000 during the first year for office expenses, and calls for each city to equip and pay for their officer and vehicles that will be utilized within the program, it was necessary for the cities to reach an agreement on how the cities participation would be cooperatively shared. The three cities will be providing up to $100,000 of annual participation in this County wide operation in the following manner: Ukiah, $40,000; Willits, $30,000; Fort Bragg, $30,000. Staff recommended the City Council adopt the Letter of Understanding between the three cities. Concern was expressed regarding the City of Willit's financial situation. M/S: Kier/Henderson to authorize the City Manager to execute the Letter of Understanding between the City of Ukiah, Willits and Fort Bragg, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. 10f. Authorize the City Manager to Execute Inter-Agency Agreement for Mendocino County Drug Task Force The City Manager reported at the end of the last fiscal year the Sheriff of Mendocino County proposed that there be created in Mendocino County a Task Force which would be a special drug enforcement unit in order to begin to combat the growing narcotic problems within the Mendocino area. The City Council provided funds in its 1984-85 fiscal year budget in order that the City of Ukiah could participate as a member of such a Task Force. The proposed Inter-Agency Agreement creates such a Task Force. He reported he is pleased to present this Agreement to the Council and believes that it meets the needs of the resources of all the agencies and will be an effective tool in decreasing the narcotics flow in Mendocino County. Staff recommended the City Council adopt the Inter-Agency Agreement. M/S: Hickey/Kier to authorize the City Manager to execute the Inter-Agency Agreement for the City of Ukiah's participation in the creation and funding of the Mendocino County Drug Task Force, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. 10g. Authorize Appropriation - Additional Hydrologist Fees - Russian River Gravel Extraction The City Manager reported in connection with the City's efforts to get Mendocino County to regulate in-stream gravel mining on the Russian River the City Council authorized the hiring of a hydrologist, Robert Curry. Mr. Curry worked beyond the original proposal in preparing and presenting his report. Reg. Mtg. November 7, 1984 Page 6 82 10d. Acceptance of Fiscal Audit 1984 and Revenue Sharing Compliance Joe Tucker, auditor for Davis Hammon and Company stated his company has examined the financial statement of the various funds and account groups of the City of Ukiah for the year ending June 30, 1984 and have issued their report. Based on this examination, they noted no instances of noncompliance with the regulations and no material differences between the data on Bureau of Census Form F21A and the audited records of the City. He made recommendations for improvement of the City's internal and management controls. The City Manager indicated that he is pleased with the Audit Report. M/S: Hickey/Kier to accept the Fiscal Audit Report 1984 and Revenue Sharing Compliance, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. 10e. Authorize the City Manager to Execute Letter of Understanding by Ukiah, Willits and Fort Bragg - Narcotics Task Force The City Manager reported the cities of Ukiah, Willits and Fort Bragg are proposed participants in the Mendocino County Drug Task Force with the County of Mendocino, California Bureau of Narcotic Enforcement and the California Highway Patrol. As the Agreement calls for a cash payment of $5,000 during the first year for office expenses, and calls for each city to equip and pay for their officer and vehicles that will be utilized within the program, it was necessary for the cities to reach an agreement on how the cities participation would be cooperatively shared. The three cities will be providing up to $100,000 of annual participation in this County wide operation in the following manner: Ukiah, $40,000; Willits, $30,000; Fort Bragg, $30,000. Staff recommended the City Council adopt the Letter of Understanding between the three cities. Concern was expressed regarding the City of Willit's financial situation. M/S: Kier/Henderson to authorize the City Manager to execute the Letter of Understanding between the City of Ukiah, Willits and Fort Bragg, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. 10f. Authorize the City Manager to Execute Inter-Agency Agreement for Mendocino County Drug Task Force The City Manager reported at the end of the last fiscal year the Sheriff of Mendocino County proposed that there be created in Mendocino County a Task Force which would be a special drug enforcement unit in order to begin to combat the growing narcotic problems within the Mendocino area. The City Council provided funds in its 1984-85 fiscal year budget in order that the City of Ukiah could participate as a member of such a Task Force. The proposed Inter-Agency Agreement creates such a Task Force. He reported he is pleased to present this Agreement to the Council and believes that it meets the needs of the resources of all the agencies and will be an effective tool in decreasing the narcotics flow in Mendocino County. Staff recommended the City Council adopt the Inter-Agency Agreement. M/S: Hickey/Kier to authorize the City Manager to execute the Inter-Agency Agreement for the City of Ukiah's participation in the creation and funding of the Mendocino County Drug Task Force, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. 10g. Authorize Appropriation - Additional Hydrologist Fees - Russian River Gravel Extraction The City Manager reported in connection with the City's efforts to get Mendocino County to regulate in-stream gravel mining on the Russian River the City Council authorized the hiring of a hydrologist, Robert Curry. Mr. Curry worked beyond the original proposal in preparing and presenting his report. Reg. Mtg. November 7, 1984 Page 6 83 It was essential work and his charges are felt to be extremely reasonable. Staff recommended Council approval of a $476 appropriation to reimburse Mr. Curry. The Finance Director and the City Attorney recommended in favor of the $476 reimbursement. M/S: Hickey/Henderson moved approval of a $476 appropriation to Robert Curry, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. 10h. Authorize Mayor and City Clerk to Sign Consent and to Modify Lease - Ukiah Playhouse The City Attorney reported the City has been contacted by a representative of the Ukiah Players Theatre, one of two lessees for the property upon which the Ukiah Playhouse is located. Since the Ukiah Dance Center, Inc., the second lessee, no longer constitutes a functioning organization, Mr. Bell requested the lease agreement be assigned solely to the Ukiah Players Theatre. M/S: Henderson/Hickey moved approval of the Ukiah Players Theatre as the sole lessee of the Ukiah Playhouse, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. 10i. Policy Resolution No. 13, Delegating Authority for Change Orders The City Manager reported staff feels it is important that appropriate guidelines be established in the matter of delegating authority for the processing of change orders. He reviewed the typographical changes in the Policy Resolution. The City Attorney reviewed the Policy Resolution which authorizes the appropriate City official to issue change orders where the change will not increase the cost of a public construction contract by more than ten percent (10%) of the bid, and recommended adoption of same. M/S: Hickey/Henderson moved adoption of Policy Resolution No. I3 delegating authority to the appropriate City officials to issue change orders on public construction contracts, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. COMMENTS FROM AUDIENCE No one wished to address the City Council at this time. CITY COUNCIL REPORTS Councilmember Henderson Reported a copy of the Financial Plan by A. R. Mahoney and Associates for the Sun House project has been received by the Councilmembers. The Sun House Guild would like to have an agreement that would go into effect after the new building is built. She will be attending the Enterprise Zone Policy Workshop November 26, 1984. Councilmember Kier Reported the Fees Ad-hoc Committee is continuing its work. The Committee has called a special meeting for November 15, 1984, to receive public input. They are expecting to present a preliminary report to the City Council sometime in December. Councilmember Hickey None Councilmember Kelley Absent Reg. Mtg. November 7, 1984 Page 7 Mayor Myers Reported he and other members of the community plan to attend the Enterprise Zone Policy Workshop November 26, 1984. He called the Governor's office and learned the City of Ukiah qualifies as to the intent of legislation regarding this matter. He attended the RISK Management Seminar held in the City of Ukiah. He noted that he had learned a great deal and complimented the Redwood Empire Municipal Insurance Fund (REMIF) on a job well done in presenting the Seminar. He introduced Carrie Switzer, an editorial reporter with the Ukiah Daily Journal. CLOSED SESSION Adjourned into Closed Session at 10:30 p.m. to discuss litigation and personnel matters. ADJOURNMENT There being no further business the meeting was adjourned at I1:45 p.m. Faye McAfee Recording Secretary Reg. Mtg. November 7, 1984 Page 8