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HomeMy WebLinkAboutMin 08-16-89326 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - AUGUST 16, 1989 The City Council convened in a regular session at 6:39 p.m., in the Council Chambers at the Civic Center, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Shoemaker, Hickey, Wattenburger, and Mayor Henderson. Absent: Councilmember Schneiter. Staff present: Interim City Manager Watson, City Attorney Rapport, Assistant to the City Manager Horsley, Director of Electric Utility Roper, Community Development Director Harris, Fire Chief Mitchell, Assistant Public Works Director Beard, and Recording Secretary Karen Smith. INVOCATION/PLEDGE OF ALLEGIANCE Councilmember Hickey delivered the Invocation and Mayor Henderson led the Pledge of Allegiance. APPROVAL OF AGENDA Councilmember Hickey requested that Item 10d be postponed as he has been contacted by persons who would like additional time to collect information concerning this item. City Manager Watson distributed a memorandum regarding Automatic Aid, Item lla, which recommends not entering into an automatic aid agreement with the District at this time in light of new information received from the insurance company. Mayor Henderson asked that this item be left on the Agenda for discussion. City Manager Watson added that the City was the successful bidder for the two used fire engines from the City of Redwood City. M/S Shoemaker/Wattenburger approved the City Council Agenda of August 16, 1989, with Item lOd being continued to October 4, 1989, by a unanimous voice vote. AWARD PRESENTATION - JIM WATTENBURGER Mayor Henderson noted that Ukiah had a tragic fire on May 17, 1989, at the New State Hotel. The Fire Department responded to the fire and one member stood out as deserving a medal, Jim Wattenburger. She asked that he come to the front of the Clerk's desk where she presented him with a replica of the medal of valor that is being prepared for him. The following individuals made speeches and presentations to Councilmember Wattenburger as follows: Representatives from Barry Keene's and Dan Hauser's offices, resolutions; the Chairman of the Board of Supervisors Marilyn Butcher, a resolution; Fire Chief Lee Mitchell on behalf of the Fire Department, a clock; Representative from Office of Emergency Services; Dean Hutton, Acting Captain, on behalf of Ukiah Firefighters' Association, a picture of Councilmember Wattenburger in uniform at scene of the incident. Councilmember Wattenburger indicated his surprise and outlined the events of the fire and thanked those present as well as the groups they were representing. The Firefighters invited all in attendance for a short break where cake and beverages were served. Break 7:06 p.m. Reconvened 7:30 p.m. APPROVAL/CORRECTION OF MINUTES Mayor Henderson made a correction to the City Council Minutes of the Regular Meeting of August 1, 1989, as follows: Page 3, first paragraph below the 10:20 p.m. recess, should read as follows: "Council requested 327 the Mayor to develop a policy statement for adoption by the Council regarding donations to be used for community projects. City Manager Watson made corrections to page 1, fourth line under Budget Hearings, the "unused expenditures" should be changed to "increased expenditures." On Page 3, paragraph 3, rather than saying "the notification" it should read "the proper notification." M/S Hickey/Wattenburger approved the City Council Minutes of the Regular Meeting of July 31, 1989 - August 1, 1989, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Wattenburger, and Mayor Henderson. NOES: None. ABSENT: Councilmember Schneiter. Mayor Henderson made a correction to the City Council Minutes of the Regular Meeting of August 2, 1989, as follows: Page 2, under Comments from the Audience, "James Connection" should be "James Connerton." Richard Watson made corrections to Page 3, Item llb, first sentence, it should be changed from "The City Manager noted corrected errors and totals" to "The City Manager noted revised totals." M/S Shoemaker/Hickey to approve the City Council Minutes of the Regular Meeting of August 2, 1989, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Wattenburger, and Mayor Henderson. NOES: None. ABSENT: Councilmember Schneiter. RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR Councilmember Shoemaker pulled Item 7f, Award of Contract - Removal of Under~round Tanks from the Consent Calendar. It then became New Business Item lle. M/S Shoemaker/Hickey approved the Consent Calendar Items 7a, 7b, 7c, and 7d, 7e, 7g, and 7h as follows, and moved Item 7f to lle. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Wattenburger, and Mayor Henderson. NOES: None. ABSENT: Councilmember Schneiter. 7a. Approved the Payroll Warrants of August 16, 1989, #26933 to #27126, in the amount of $131,473.80; 7b. Approved the General Warrants of August 16, 1989, #42114 to #42273, in the amount of $862,168.48; 7c. Approved the revision of job description and position title change from Battalion Chief to Fire Deputy Chief; 7d. Approved the job description - Electrical Field Technician; 7e. Approved the revision of the Parking Lease Agreement - Dr. J. R. Mason; 7g. Adopted Resolution Summarily Vacating Public Utility easement on City-owned Property - corner of Main and Marshall Streets; 7h. Report of Administrative Actions and Proposals (R.A.A.P.). COMMENTS FROM AUDIENCE None. PUBLIC HEARING 9a. Adoption of Resolution Adjusting Electrical Rates City Manager Watson advised that the proposed increase is to bring electric rates to 5% below PG&E's rates. Reg. Mtg. August 16, 1989 Page 2 328 Director of Electric Utility Maurice Roper advised that a rate increase is being proposed by PG&E on January 1, 1990. Councilmember Shoemaker questioned whether the increase could be delayed until January 1, 1990. City Manager Watson advised that the Budget presented to Council presumed that PG&E would raise their rates approximately 10% in January. Public Hearing Opened - 7:39 p.m. Judy Pruden, 304 Hortense, advised that she has been keeping track of her electric bills for the past ten years. She gave the following examples: In 1983 she bought 710 kw and paid $40.00, in 1986 she bought 710 kw and paid $44.00, and in 1989 she bought 710 kw and paid $54.00. That is a $14.00 increase, or 35%, in six years. She is concerned about that much of an increase. Public Hearing Closed - 7:41 p.m. Discussion followed concerning the chart submitted by the Electric Department entitled "Rate Comparison Typical Chart," which shows an increase of 14%. Councilmember Shoemaker stated he is sympathetic about the increase in rates but added there is some comfort knowing the City is still 5% below PG&E's rates. M/S Hickey/Wattenburger to approve the electric rate adjustment. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Wattenburger, and Mayor Henderson. NOES: None. ABSENT: Councilmember Schneiter. Councilmember Shoemaker indicated that he would like to receive a chart which would show an average electric bill and typical usage, depending on the types of appliances owned. Director of Electric Utility Roper stated that this would be difficult as you must calculate for summer or winter rates, and then there are four different types of services, for a total of eight options. If desired, the Electric Department will run comparisons for individual customers on an as-asked for basis for their particular rate. City Manager Watson indicated that staff would try to come up with some comparison. 10a. Review of Ordinance Proposed by the Ad-Hoc Historical Preservation Committee. City Manager Richard Watson indicated that Dave Rapport and Michael Harris would answer any questions the Council might have regarding the proposed Ordinance. City Attorney Rapport advised that in his Memorandum he tried to summarize key provisions of the Ordinance as well as answer some of the questions he thought Council might have. The Ordinance creates a register of historic resources in the community (structures, signs, sites, places, significant objects). The other major component is the Ordinance authorizes the creation of Historic Districts in the City. Certain restrictions apply on the buildings within that District. There is some discrepancy in the Ordinance in that it indicates no changes can be made to the buildings in the register without the Board's approval, however, the Board is not advised that any changes are going to be made until it goes through the Building Permit process. The Ordinance sets up a Historic Review Board and it gives that Board certain authority with the final decision made by Council. Judy Pruden, Chairman of the Historic Committee, 304 S. Hortense, advised Council that Historic Ordinances are very complicated and consist of nine Reg. Mtg. August 16, 1989 Page 3 329 or ten elements. Ukiah is one of the few cities that do not have this type of an Ordinance. The Committee used the State of California's Ordinance as a model. The Committee has worked approximately three months discussing each of the elements. The Committee will need to educate the Planning Commission and City Council as they will have to receive citizen review and comment. She added that without a Historical Ordinance grant money cannot be applied for or contracts cannot be entered into. Discussion followed regarding possible Districts and not wanting to have a super-bureaucracy over owners of the properties in the Districts. Also, the City has no design guidelines at this time and this Ordinance would create a body that could advise persons on their projects to eliminate eyesores. Judy Pruden indicated that Historical Districts should be hard to achieve, the cost is enormous and the property owners must consent. Planning Director Harris indicated that the Ordinance will require Public Hearings and staff needs to learn Council's concerns before the Public Hearing takes place. Mayor Henderson questioned why this could not be part of the Planning Commission's role. Further, she felt that the Board should be advisory only. Discussion was had concerning the Community Development Commission, wanting to hear first-hand experiences and obtain anything available from other communities who have this type of an Ordinance, and not wanting people to have to go through a lengthy process just to do a small project. Planning Director Harris indicated that September 27, 1989, will be Planning Commission meeting. He felt it would be best to discuss this matter at that meeting before a draft Ordinance is drawn up by the City Attorney. It was the unanimous consensus of the Council that this matter be forwarded to the Planning Commission for discussion at the September 27, 1989 Planning Commission meeting. 10b. Matter of RMI Co~eneration Proposal Mayor Henderson. advised that this item has been before the Council many times and the Council now needs to decide whether to proceed with Phase I of the project. City Manager Watson indicated that a representative from RMI, Henry Koner, was available to answer questions. Also, the City received a letter from NCPA indicating that it might be prudent to further assess this project. Director of Electric Utility Roper indicated that the letter from NCPA suggests that it would be wise to have some concerns answered regarding this project. RMI's report assumes a 12 month year and NCPA indicated there will only be a 9 month year. The initial 20 years total savings would have been $6,991,260, and when taking into account the change for a 9 month year, that number is changed to $5,863,000 for a difference of $1,128,000. That doesn't change the benefit or Staff's recommendation concerning the project as this is still very preliminary information and it may fluctuate further. Councilmember Shoemaker requested a brief summary regarding the NCPA letter. Henry Koner, RMI, Sacramento, addressed the August 10, 1989 letter from NCPA. Question a and b concerns how the City of Ukiah fits into the overall development, what part of the project is Ukiah's and what part is Masonite's? RMI addresses this issue in the Phase I work effort. To answer questions c and d more assessment is needed. Phase II is to sit down with Masonite and work out an agreement that defines the approach each Reg. Mtg. August 16, 1989 Page 4 330 party will take, at an approximate cost of $50,000. In Phase III, air quality monitoring will have to be done. Director of Electric Utility Roper added that a pre-application has been submitted to California Energy Commission (CEC) for $30,000 for funding for the air quality portion of the project. The pre-application form will be screened and if the City meets the criteria CEC will ask the City to submit a formal application and it will come back to Council. M/S Hickey/Henderson to proceed with Phase I of the Cogeneration project. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Wattenburger, and Mayor Henderson. NOES: None. ABSENT: Councilmember Schneiter. Recess: 8:46 p.m. Reconvene: 8:51 p.m. Unfinished Business 10c. Report on Curbside Recycling Assistant to the City Manager Horsley advised that Council received a revision from Phil Ward to the original proposal of Ukiah Solid Waste. She summarized the changes in his proposal, which included increased details and costs. Mayor Henderson questioned whether it would be the City's responsibility to provide advertising. Assistant to the City Manager Horsley indicated that promotion would be a major factor in selling the curbside recycling program and does not know who would pay for the advertising, it would be part of the negotiations with Phil Ward. Discussion followed concerning advertising, mandatory recycling, possible garbage rate structures which would allow for and encourage the program, the fact that Ukiah Solid Waste will be paying less for dumping fees at the dump, and the City will be monitoring all revenues and expenses of the program to determine dollar amounts involved to Ukiah Solid Waste as well as at the dump site. Further discussion was had regarding commercial businesses being encouraged to recycle, a one-year versus a four-year contract with Ukiah Solid Waste, and there being nothing in the City Code at this time that would prohibit someone else from coming in and setting up a recycling program. Mike Sweeney, P.O. Box 309, Redwood Valley, indicated that many cities were obtaining as much as 98% participation in recycling because of a landfill crisis. He felt that the best way to get cooperation in Ukiah would be to work with the rate structure by charging more for the second and third can. It was the consensus of the Council that staff go forward with the recycling program as outlined in the Staff Report and to renew Ukiah Solid Waste's contract for a period of one year. Recess: 9:40 p.m. Reconvene: 9:46 p.m. NEW BUSINESS lla. Approval of Agreement for Automatic Aid Zones with Fire District Fire Chief Mitchell outlined the boundaries considered for the Automatic Aid Zones. He added that there are benefits and drawbacks to Automatic Aid. He advised that he asked the Fire District to include the entire City in their zone, as the entire City will be paying for the service. They were not favorable to that idea. They discussed using the Fire District on an on-call basis in this area which would cost approximately $50 per call for approxi- mately $1,500 to $2,000 per year. Further, he felt that the response crew should have at least a two man crew, the District wants it left at one man. Chief Mitchell added that there would be an increase in the Fire Department Budget if- this program was adopted. Further, there might be a liability Reg. Mtg. August 16, 1989 Page 5 331 problem as any Agreement would contain a hold-harmless agreement clause and the Fire District only carries $1,000,000 liability insurance in their zone. Information received from Mr. Gene Parady, who performed the I.S.O. survey in 1984, indicated that the City's units could be called outside the City and leave the City unprotected, it could receive deficiency points which would raise the fire rates. Chief Mitchell recommended waiting to see how quickly the Fire District can get their people trained and give the City the opportunity to do some cross-training with those individuals before considering an Automatic Aid Agreement. Discussion was had concerning the difference between mutual aid and automatic aid, how the various areas were determined in the automatic aid zones, and insurance matters. M/S Hickey/Henderson moved that the City not enter into an Automatic Aid Agreement with the Fire District at this time. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, and Mayor Henderson. NOES: Councilmember Wattenburger. ABSENT: Councilmember Schneiter. llb. Establish Alternative Procedures for Bidding and Constructing Public Projects i. Introduction of Ordinance Implementing Informal Bidding Procedures ii. Adoption of Resolution Adopting Uniform Cost Accounting Procedures M/S Shoemaker/Wattenburger that this item be continued to the next meeting. The motion died by the following roll call vote: AYES: Councilmember Shoemaker. NOES: Councilmembers Hickey, Wattenburger, and Mayor Henderson. ABSENT: Councilmember Schneiter. Mayor Henderson questioned if contractors were notified of this item. City Manager Watson indicated that some contractors were notified but he was not sure to what extent. City Attorney Rapport indicated that moving the dollar amount from $5,000 to $15,000 to keep in line with inflation, is a very standard item so that projects can be awarded in-house. Most cities have already adopted this. He added that the Resolution is the action of Council to get the higher dollar limit in place and the Ordinance establishes the Contractor's list. October 6, 1989 is the earliest date the Resolution can go into effect. City Manager Watson added that adoption of the increase in limits would save dollars in the amount the City pays for advertising. M/S Wattenburger/Hickey moved to introduce Ordinance Implementing Informal Bidding Procedures by title only. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Wattenburger, and Mayor Henderson. NOES: None. ABSENT: Councilmember Schneiter. City Manager Watson read the Ordinance Implementing Informal Bidding Procedures, by title only. Mayor Henderson requested that the contractors be notified of this matter before the next reading of the Ordinance. M/S Hickey/Wattenburger moved to adopt Resolution No. 90-12 Adopting Uniform Cost Accounting Procedures, with the effective date contingent upon adoption of the Ordinance Implementing Informal Bidding Procedures. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Wattenburger, and Mayor Henderson. NOES: None. ABSENT: Councilmember Schneiter. llc. Adoption of Resolution Approving Final Map - Kamp Construction (Parkwest Subdivision) Planning Director Harris advised that the final map for Parkwest Subdivision was considered by the Planning Commission on August 9, 1989. There was a question raised at the Planning Commission meeting relative to compliance with Reg. Mtg. August 16, 1989 Page 6 332 the conditions and whether a final map can be approved if there is concern over compliance. The developer, City Manager, and staff met concerning Item No. 16 of the Resolution regarding site grading inspection being done by a registered Engineering Geologist. The developer indicated that the grading would be inspected by a registered Engineering Geologist and a report sub- mitted to the Building Department in compliance with this condition. He drew attention to the letter from the developer that was passed out at this meeting in which he indicates that he agrees to comply with this condition. The wording relative to Items 2 and 3 were also discussed. These two items would become required during the building permit stage. They would be included in the CC&R's and made a part of the individual development, and responsibility would be transferred to the parcel purchaser. City Attorney Rapport indicated that since the developer stated he would comply with the condition and have the grading inspected and approved by an Engineering Geologist and submit the report, Council can make the finding that that condition is a condition of the tentative map has been satisfied. M/S Henderson/Wattenburger moved to approve Resolution No. 90-13 approving the final map with the conditions set out regarding CC&R's, and Council is satisfied that by letter submitted by the developer that conditions regarding grading will be satisfied, by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Wattenburger, and Mayor Henderson. NOES: None. ABSENT: Councilmember Schneiter. lld. Designation of Council Representative to serve on proposed Consolidated Fire District Study Task Force Mayor Henderson indicated that no decisions have been made concerning this item. The task force was created to have discussions about the possibility of a Consolidated Fire District. She indicated that Councilmember Schneiter has been involved with this matter and he indicated he would be willing to serve. Councilmember Wattenburger indicated that he would be willing to serve if Councilmember Schneiter was unable to attend. M/S Henderson/Shoemaker that Councilmember Schneiter shall serve as the Representative on the Consolidated Fire District Committee with Councilmember Wattenburger as an alternate. The motion was approved by a unanimous voice vote of all Aye. lle. Award of Contract - Removal of Underground Tanks Councilmember Shoemaker indicated that Bill Beard of the Public Works Department came in during one of Council's breaks and discussed this matter with him. His questions were satisfied. M/S Shoemaker/Henderson awarded the contract for removal of underground tanks to Alpha-NCI, Inc., for the amount of $48,290.00, including Alternate No. 2. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Wattenburger, and Mayor Henderson. NOES: None. ABSENT: Councilmember Schneiter. CITY COUNCIL REPORTS Councilmember Wattenburger Reported that he and Councilmember Hickey met with the Main Street Committee. Discussions were had concerning keeping the County administration downtown. The meeting was very productive. Councilmember Shoemaker Reported he will give copies of the Sun House Guild Five-Year Plan and distributed copies to Council. He also stated there has been no discussion regarding staffing of the Sun House. Reg. Mtg. August 16, 1989 Page 7 333 City Manager Watson indicated that he met with the Director of the Sun House and discussed reorganization. He stated that he would be giving his recommendation concerning this matter in October. Councilmember Shoemaker commented that there is an excellent new show at the museum regarding Grace Hudson as a student. He added that he attended the Chamber of Commerce general membership luncheon. The guest speaker addressed an initiative that is going to be circulated to increase business property taxes to a level of 2.2% instead of the 1%. Discussion was also had concerning a beautification program. Councilmember Hickey Reported that he attended his first MCOG meeting on August 9, 1989 where there was a lengthy discussion regarding MTA. He added that the Council has received a letter from the City of Redding requesting support for the timber industry. He asked that Council agendize the letter from the Mayor of Redding for the next meeting. Lastly, he reported that the new name of the Adventist Hospital is the Ukiah Valley Medical Center. Mayor Henderson Reported that REMIF will be having their dinner August 18, 1989, at the Sunset Grille, at 6:00 p.m. The employee's picnic is August 27, 1989. She requested that the letter from the City/County Planning Commissioner's Committee be agendized for the next meeting. Closed Session None. Ad~ ournment There being no further business, the meeting was adjourned at 10:54 p.m. Karen Smith, Recording Secretary R:Ccmin3 Reg. Mtg. August 16, 1989 Page 8