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HomeMy WebLinkAboutMin 02-06-91MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - February 6, 1991 The City Council convened in a regular meeting at 6:35 p.m., in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. The following Councilmembers were present at roll call: McMichael, Wattenburger, Schneiter and Mayor Henderson. Absent: Councilmember Shoemaker. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Public Works Director Goforth, Acting Community Services Director Heise, City Engineer Beard, Community Development Director Harris, Executive Assistant Stamelos, Grace Hudson/Sun House Museum Director Abel-Vidor, Assistant Electrical Distribution Engineer Wobig, Public Safety Director Keplinger, Electric Utilities Director Roper, Police Captain Budrow. INVOCATION/PLEDGE OF ALLEGIANCE City Clerk McKay delivered the Invocation and Councilmember Wattenburger led the Pledge of Allegiance. PROCLAMATIONS 4a. American Heart Association Month of February Mayor Henderson read and presented this proclamation to Toni Onori, Director of the American Heart Association and Debbie Dengler, President of the Board of the Local American Heart Association, who presented Council with posters and and noted upcoming events. Councilmember Shoemaker joined the meeting at this time. 4b. Scouts in Government Day Mayor Henderson read and presented the Boy Scout proclamation to Corey Stanley, District Chairman of Yokayo Boy Scout District. SPECIAL ORDER OF BUSINESS 5a. Presentation of Commendation to Morey McCloud Mayor Henderson read and presented this surprise Commendation to Morey McCloud in appreciation of his many contributions to the City of Ukiah as a Volunteer Firefighter and Photographer. Mayor Henderson presented Public Safety Director Keplinger with his new Director of Public Safety badges. 6. INTRODUCTION OF NEW EMPLOYEES The Public Works Director introduced and provided Council a brief biography of new employees Gary Smith, Equipment Mechanic and Michael Moore, Plant Operator. APPROVAL/CORRECTION OF MINUTES 7a. Regular Adjourned Meetinq of January 9, 1991 Mayor Henderson made one correction to Page 2, last paragraph, second line, change "15" to "16". M/S Schneiter/McMichael to approve the minutes of the regular adjourned meeting of January 9, 1991, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 7b. Reqular Adjourned Meetinq of January 16, 1991 M/S Shoemaker/McMichael to approve the minutes of the regular adjourned meeting of January 16, 1991, as submitted. The motion was carried by the following roll call vote: AYES: 77 Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 7c. Reqular Meetinq of January 16, 1991 Mayor Henderson made one correction to Page 1, Item 4b., 1st paragraph, change "Hans" to "Hons". M/S McMichael/Schneiter to approve the minutes of the regular meeting of January 16, 1991, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR Councilmember McMichael requested a report regarding City tree trimming policies be agendized for a future meeting. The City Manager noted the request. He also noted the need to pull Consent Calendar Item 9f. Approval of Aqreement to Administer the Environmental Impact Report for the Airport Industrial Park and Item 9q. Approval of Contract with Leonard Charles and Associates to Prepare the Environmental Impact Report for the Airport Industrial Park (Planned Development) from this agenda and stated it will be on a future agenda. It was the general consensus of Council to pull Item 9f. and Item 9g. from the Consent Calendar. M/S Schneiter/Wattenburger to approve the Consent Calendar as follows: 9a. Approved the Payroll Warrants dated from January 6, 1991 to January 19, 1991, #37557 to 37718, in the amount of $120,371.55 and the General Warrants, #49446 to 49682, in the amount of $341,561.67. 9b. Denied the claim for damages of Irene Senften and H & M Tree Service (Brenda and Elmer Hargis), and referred them to the City's insurance carrier, R.E.M.I.F. 9c. Adopted Resolution No. 91-41, Authorizing the Mayor to sign the employment agreement with City Manager Charles L. Rough, Jr. 9d. Approved Parcel Map No. 90-47, a minor subdivision of two parcels in Redwood Business Park, and accepted the easements for dedication as shown upon the map, and authorized the Mayor and City Clerk to execute the map on behalf of the City of Ukiah. 9e. Authorized the Mayor to appoint five persons to serve as the Building Code Appeals Board for the request of Patrick Coyne. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 10. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. UNFINISHED BUSINESS 12a. Approval of Contract Extension for Water Riqhts Attorney, Gary Weatherford The City Attorney noted that this agreement would authorize Mr. Weatherford to perform a preliminary assessment of the Reg. Mtg. February 6, 1991 Page 2 78 priority and quantity of the City's water rights, utilizing the services of a hydrologist for the purpose of analyzing existing data, but would not be conducting independent field investigation. He also noted that the primary focus of this investigation would be on the nature of the City's pre-1949 water rights and its rights under its appropriated rights permit in relation to project and non-project water in the Russian River. Discussion ensued regarding the current status of the Russian River Flood Control District agreement negotiations with Sonoma County. Mayor Henderson clarified that we are not directly involved in the negotiations between the Russian River Flood Control District and Sonoma County, and are only addressing the City's concerns in the proposed wording of possible agreements between the Russian River Flood Control District and Sonoma County. M/S Schneiter/Wattenburger approved and authorized the Mayor to sign the agreement with Gary Weatherford to retain his services and the Law Offices of Payne, Thompson, Walker and Taaffe, and authorized the transfer of $20,000 into the City Attorney Account No. 100-1401 to cover anticipated costs of the contract. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. PUBLIC HEARING lla. Consideration of Adoption of Resolution Adjusting Electric Utility Rates Effective February 1, 1997 The Electric Utilities Director reported on January 1, 1991, the California Public Utilities Commission granted PG&E an electric rate increase, which was anticipated and included in the current Ukiah electric budget for Fiscal Year 1990/91. He commented this represents an average increase of 12%. He stated this proposed increase does reflect the Council policy of remaining below PG&E rates after passing on fuel costs and noted an alternate low income rate program has been provided for consideration. Discussion ensued regarding the Electric Department's monthly revenue, this winter's cold weather effect on usage, cost of electricity, electric department revenue, the low income rate program and distribution of costs passed on to other electric customers, current electric department operating at a deficit, delinquency rates and bad debts. Public Hearing Open - 7:21 p.m. A1 Kirchner, 1000 Maple Avenue, stated the Electric Department has shown net profits in the years of 1984 and 1987, and noted that last year rates were raised along with the lowering of lifeline allowances. He asked what people on fixed incomes should do. He stated that according to the law, the electric rates are not supposed to be raised and the only way the public can stop these rate increases is to file a class action lawsuit. Judy Pruden, 304 South Hortense, questioned the new proposal for a lifeline amount for a domestic service at an E-2 rating for winter rate, and posted a chart of her individual electric bills in the years 1983, 1986, 1989, 1990, and the current newly proposed rate for 1991. She expressed her concerns regarding dropping the lifeline amounts and her objection to this rate increase. Mike Morgan, 304 South Hortense, stated he objects to the proposal of the low income program that would be subsidized by all other users, and opposes a reduction in baseline amounts of Reg. Mtg. February 6, 1991 Page 3 79 which he feels the existing baseline amount of 350 kilowatt hours is too minimal. Kathy Edmunds, 710 West Smith Street, questioned the different ratings paying different costs, the cost of electricity purchased by the City of Ukiah, and how the lifeline amounts are established. She stated the bills do not reflect accurate ratings as printed on the back of the bills and should be corrected. Mrs. Evans, 1041 Maple Street, stated her objection to any subsidizing of low income bills and expressed concern that her electric bills keep increasing and desires an increased baseline amount. She stated her objection to any more electric rate increases and questioned where the general fund transfers from the electric department go? Discussion ensued between staff and Mrs. Evans regarding costs of operations for the electric department by general fund departments, in-lieu and property tax similarity, and Ukiah providing lower rates than PG&E. Dorothy Gonshorowski, 304 N. Spring Street, questioned the amounts of general fund transfers and how other departments are able to be supported by these transfers, and whether these transfers affect the rates paid by citizens. She noted that her homes major appliances are natural gas and does not understand why her last month's utility bill was $100, which included an electricity amount of $80. Councilmember Schneiter addressed her questions. No others came forward. Public Hearing Closed - 7:41 p.m. The Finance Director and the Electric Director addressed the previous questions regarding amount of general fund transfers and percentage variation, electric department revenues, cost of purchased power and bond indebtedness, current net loss operations of $500,000, purchase power costs variations and origins, history of costs, Ukiah citizen's lower electric rates, lifeline amounts set by the Public Utilities Commission, billing rating differences, and that baseline amounts could be set by Council. Discussion ensued regarding number of days in a billing cycle, the December 1990 longer billing cycle, and the 100-250 adjustments that were made averaging a few dollars, PG&E rate increase of 11-12% overall, and that the City of Ukiah purchases no power from PG&E. The City Attorney stated the Ukiah Code contains procedures for raising electric rates and noted we are in legal compliance for this proposed electric rate increase. Each Councilmember expressed their viewpoints regarding this proposed electric rate increase and the concerns of citizens. M/S McMichael/Schneiter to adopt Resolution No. 91-42, adopting the new electric rate schedule as per the first proposal (not the low income proposal), effective February 1, 1991. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Schneiter and Mayor Henderson. NOES: Councilmembers Wattenburger and Shoemaker. Recess: 8:22 p.m. NEW BUSINESS Reconvene: 8:32 p.m. 13a. Introduction of Ordinance Regarding Children on Municipal Golf Course Reg. Mtg. February 6, 1991 Page 4 80 The Acting Community Services Director reported that golfers have expressed concern for the safety of infants and children on the municipal golf course and noted the proposed Ordinance was unanimously approved by the Golf Course Committee at their meeting of January 24, 1991. Discussion ensued regarding enforcement procedures, signs to inform the golfers, and legal implementation procedures. M/S Schneiter/Wattenburger to read the title only for the first reading of the proposed Ordinance. The motion was carried by a unanimous voice vote of all AYE. The City Clerk read the title only. M/S Schneiter/Wattenburger to introduce the Ordinance Prohibiting Infants and Small Children on the Municipal Golf Course. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 13b. Parks and Recreation Commission Recommendation Concernin~ 1986 Park Bond Funds Project Allocation The Acting Community Services Director reported the Parks and Recreation Commission voted unanimously to approve expenditure of $36,000 for various projects from 1986 Park Bond funds at their meeting of January 14, 1991. She noted the criteria used by the Commission in determining these projects included immediate need, current condition of facilities, timing for seasonal preparations and purposes, and regard for any recent or previous funding and/or other possibilities of additional capital for improvements. Discussion ensued regarding current users of Anton Stadium, use of City employees in these projects, competitive bidding process to be used, whether the total money amounts are adequate, and 1988 Park Bond funds expenditure recommendations coming in the near future. M/S Shoemaker/Schneiter to adopt the recommendations of the Park and Recreation Commission for expenditure of 1986 Park Bond funds for 1) New play ground equipment at Vinewood and Oak Manor Parks in the amount of $12,000 2) Installation of a new scoreboard, replacement of wooden bleachers with metal planks, rewiring and upgrading of electrical system at Anton Stadium for a total amount of $18,000 3) Replacement and remodeling of restroom facilities including plumbing, pipes and shower fixtures at the Municipal Pool for a total amount of $6,000. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 13c. Cultural Arts Advisory Board Recommendation Concerning California Arts Council Proposal The Sun House/Grace Hudson Museum Director reported that the California Arts Council provides an outright grant of $30,000 to a qualified "County partner" agency designated by the Board of Supervisors under its State-Local Partnership Program for 1991-92, with local matching requirements of $7,500 of in-kind donated services. She noted the purpose of this program is to provide financial support, services or other programs for a variety of arts organizations, individual arts, and the community as a whole, in partnership with the California Arts Council. She introduced Kate Magruder, Artistic Director of the Ukiah Players Theater and Dan Taylor, Mendocino County Museum Director. Discussion ensued regarding use of grant funds, County commitment, accountability, State funding availability, types of in-kind services, how the proposed Multicultural Development Program will be staffed and its function, possible future City Reg. Mtg. February 6, 1991 Page 5 81 applications for funds after initial establishment of a County program, money to be funded at budget hearing time, and possible school district representation on the new 14-member Arts Council. M/S Shoemaker/Schneiter to commit in principle to the California Arts Council Proposal State-Local Partnership program and provide $1,000 in Fiscal Year 1991-92 after budget hearings, contingent upon the the success of the application in the competitive process. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 13d. City of Ukiah Mid-year Fiscal 90-91 Financial Report The Finance Director provided a summary of the General Fund Revenue and Expenditure departmental reports for the fiscal period through December 31, 1990. Discussion ensued regarding future regular quarterly reports, citizens to be kept informed, revenues and expenditures. It was the general consensus of Council to receive and file this report. CITY COUNCIL REPORTS Councilmember McMichae] Reported on the Sun House Guild meeting he attended. Councilmember Wattenburger None. Councilmember Shoemaker Noted the pruned Sycamore trees in front of the Civic Center but feels the big Oak tree may have problems, reported on the concerns expressed to him regarding the lack of MTA buses to Mendocino College, reported on the AB 939 workshop he attended in Sacramento and the need to support the proposed Sher legislation that postpones the first AB 939 report filing deadline to January 1992. Councilmember Schneiter Reported on the NCPA meeting he attended in Roseville on January 24th and the February 4th LAFCO meeting he attended. Mayor Henderson Reported on the two and a half day training by Redwood Empire Municipal Insurance Fund she attended last week. .City Manager Noted the League of California Cities Redwood Empire Division meeting hosted by the City of Ukiah starting at 1:30 p.m., Saturday, reported he will be the 1991 United Way Chairman for Mendocino County, reported on the new middle school government education program for the middle school, and provided an update regarding the Ukiah Valley Wide Task Force. CLOSED SESSION The City Attorney recommended going into closed session, under the pending litigation exception to the Brown Act, Government Code Section 54056.9 (a), to discuss Superior Court Case No. 60987, Cohen v. City of Ukiah. The City Attorney also noted a personnel matter needs to be discussed. Reg. Mtg. February 6, 1991 Page 6 82 M/S Schneiter/Wattenburger to go into Closed Session as advised by the City Attorney, to discuss Superior Court Case No. 60987, Cohen v. City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Council entered closed session at 9:55 p.m. Council came out of closed session at 10:23 p.m. There was no action taken. ADJOURNMENT There being no further business, the meeting was adjourned to February 19, 1991, at 1:30 p.m., in the Civic Center Council Chambers, 300 Seminary Avenue, CCMIN.55 Ukiah/?fo~ an Electric Workshop. ~th~ j ~q~; C./ty Clerk Reg. Mtg. February 6, 1991 Page 7