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HomeMy WebLinkAboutmin 10-01-86389 Mayor Henderson Commented on upcoming Sun House events. Questioned the number of Councilmembers that would like to attend Redwood Empire League Breakfast at the L.A. Convention. Com~nented on Highway 20 Association and the Constitution's upcoming Bicentennial. It was the consensus of the Council not to participate in either. Noted that LAFCO is requesting a meeting on November 3, 1986 at 7:00 p.m. to discuss tax transfers when annexation occurs. Commented on LAFCO agenda for October 6, 1986 at 9:30 a.m. is the Valley-wide Water Study. Noted that the Chamber of Commerce has requested that the October 2, 1986 meeting be changed. Council set October 14, 1986 at 4:00 p.m. to be the new time. ADJOURNMENT There being no further business, the meeting was adjourned at 10:55 p.m. and to be continued to a regular meeting to discuss annexation with the Ukiah Chamber of Commerce and Planning Commission, October 14, 1986, at 4:00 p.m., in the Public Meeting Room of the Grace Hudson Museum. Yvette S. Hayes City Clerk Reg. Mtg. October 1, 1986 Page 8 387 The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Schneiter. Councilmember Schneiter returned at 9:32 p.m. 10b. Matter of Loan of $5,000 to Men's Softball Association The City Manager explained the loan request, purpose, and the loan agreement. He explained why he is recommending that the agreement not be entered into. Charles Williams, 3 Betty Street, requested information on what the loan was for, for if it was for maintenance of the area he believes the request is appropriate because the area is being trashed. John Turri, 320 Bourbon Lane, explained that the money used to complete some of the complex came from the Men's Softball Association's General Fund. The $5,000 would help finish all the projects and repay money taken out of their General Fund. There was considerable discussion on how the Association could collect team fees and player fees, why a bank loan was not sought, and suggested approaching service clubs for a loan. M/S Shoemaker/Schne~ter suggested the Men's Softball Association assess players a one-time additional $10.00 player fee, develop fundraisers, and/or work with service clubs to come up with the needed funds. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. RECESS: 10:00 P.M. RECONVENED: 10:01 P.M. NEW BUSINESS lla. Introduction of Ordinance Providing. fpr the Removal of Encroachments from Public Right-of,Way The City Manager explained that because the Code is lacking a section to deal with encroachments within the public right-of-way, the said ordinance is proposed. The City Attorney explained the ordinance. Councilmember Hickey questioned why vehicles are exempt from the proposed ordinance. The City Attorney explained that the State Code takes care of that area and would pre-empt a City Code. Mayor Henderson questioned why the City Manager has been chosen as the judicial body in the ordinance. The City Attorney stated that it had been a judgment call on his part. He believes the matters will be small and for convenience could be dealt with easily by the City Manager. There was considerable discussion regarding hypothetical situations. M/S Kier/Shoemaker introduce Ordinance No. 860 by title only. The motion was carried by a unanimous voice vote. NOES: None. The City Clerk introduced Ordinance No. 860. M/S Kier/Hickey introduce Ordinance No. 860, adding Chapter 7 to Division 6 of the Ukiah City Code, providing for the removal of encroachments from the public right-of-way. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Htckey, Kier, and Mayor Henderson. NOES: None. Reg. Mtg. October 1, 1986 Page 6 388 llb. Adoption of Resolution to Approve Application of 1984 Park Bond Act The City Manager explained that the application is for an automatic irrigation system needed at Todd Grove Park. M/S Kier/Schneiter adopted Resolution No. 87-23 approving the application for grant funds under the Regional Competitive Program of the California Park and Recreation Facilities Act of 1984 for automatic irrigation system at Todd Grove Park. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. llc. Matter of City Investment Poli~y The City Manager explained that pursuant to State law passed in 1985 there is a requirement that the Treasurer render an annual Statement of Investment Policy to the City Council. The Finance Director explained that it provides for conservative investment opportunities with risk-free obligations. There was discussion regarding the different investments. M/S Kier/Schneiter adopted the Statement of Investment Policy that was proposed. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. COMMENTS FROM AUDIENCE None CITY COUNCIL REPORTS Councilmember Schneiter Noted he missed last MTA meeting. Councilmember Shoemaker Noted he missed last Sun House Guild meeting. Attending meeting on air quality, proposals will be sent to the County. Councilmember Hickey Commented on NCPA meeting at Tahoe. Noted he is no longer Chairman of NCPA, but now on Executive Committee. Councilmember Kier Noted will not be able to attend October 6, 1986 MCOG meeting. M/S Shoemaker/Kier appointed Councilmember Schneiter to be the MCOG alternate. The motion was carried by a unanimous voice vote. NOES: None. City Clerk to send letter to MCOG noting Councilmember Schneiter will be Councilmember Kier's alternate during his absence. Councilmember Kier discussed agendized material for October 6, 1986 meeting. Noted he is no longer the Manager at Selzer Realty. Discussed Downtown Revitalization Conference to be held in St. Paul, Minnesota. Council concurred that Councilmember Kier should attend. Reg. Mtg. October 1, 1986 Page 7 385 11 conditions and participation in the Orchard/Gobbi signalization fund, he believes is appropriate. PUBLIC HEARING OPENED - 8:43 P.M. Wayne Youngblood, 495 Luce Avenue, noted that the plans have not been changed. PUBLIC HEARING CLOSED - 8:44 P.M. M/S Hickey/Kier approved a one year extension of Use Permit No. 85-75 subject to the following conditions: 1. Standard Conditions 1-9. 2. On-site drainage to be taken to Marlene Street under sidewalk through the face of curb. 3. Electrical service to the parcel shall be underground at the developer's expense. 4. One street light be provided and installed by the developer to the approval of the Director of Electric Utility. 5. Dedication of a five-foot wide utility easement along street property line and construction of sidewalk on Marlene frontage as required by the Director of Public Works. 6. Trash collection facilities be aesthetically screened from view. 7. Landscaping be irrigated by an automated irrigation system. 8. No recreational vehicle parking be allowed on the site. 9. The two-story duplex structure be located seven feet from the northerly property line. 10. Encroachment permit from the Public Works Department be secured for any work done within the public right-of-way. 11. Developer to participate in the Orchard Avenue/Gobbi Street traffic signalization fund by paying $1,701.87 as his percentage share (based on $6,100 per acre). 12. All conditions of approval be completed prior to use and occupancy. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. 8b. Adopt Resolution Amending Use Permit No. 81-39 - Airport Industrial Park The Planning Director noted that the amendment has been requested by the property owner. He discussed the proposed changes. Council discussed the proposal to eliminate the bike lines. PUBLIC HEARING OPENED - 8:55 P.M. Gary Akerstrom, property owner of Redwood Business Park, 425 Talmage Road, explained the reasons for his request to eliminate the bike lanes. He stated there would be 5 feet wide sidewalks; which could have a dual use for pedestrians and bikes. He gave Council a promotional handout on the park. Charles Williams, 3 Betty Street, questioned the width next to the landscaping and believes retail uses should not be allowed in the industrial park. PUBLIC HEARING CLOSED - 9:04 P.M. The City Manager explained that the sidewalks are not in the public right-of-way, but in the private right-of-way. He does not suggest endorsing the concept of a dual sidewalk use: pedestrians/bikes. Councilmember Schne~ter stated retail use such as delis would be very appropriate in the industrial park. M/S Kier/Hickey adopted Resolution No. 87-21 with the amendment of omitting the 5-foot wide bike lane adjacent to the sidewalk. The motion was carried by the following roll call vote: AYES: Councilmember Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. Reg. Mtg. October 1, 1986 Page 4 386 8c. Electric Rate Adjustment The Electric Utilities Director explained the adjustments. PUBLIC HEARING OPENED - 9:15 P.M. Charles Williams, 3 Betty Street, spoke in favor of rates lower than P.G.andE.'s. PUBLIC HEARING CLOSED - 9:16 P.M. M/S Hickey/Kier adopted Resolution No. 87-22, effective October 1, 1986, there is a 2.3% decrease in Residential Rates, a 2.6% decrease in Commercial Rates, a .6% increase in the Demand Meter Rate, and a Fuel Cost decrease of 2.6% in the Outdoor Lighting Rate. The motion was carried by the following roll call vote: AYES: Councilmember Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. UNFINISHED BUSINESS 10a. Matter of Downtown Parki~ - Pacific Bell Because Councilmember Schneiter holds a managerial position at Pacific Bell, he left the Council Chambers at 9:18 p.m. The City Manager explained the proposed shifting of City staff and employee parking so as to accommodate Pacific Bell's request. Explained waivers received which relieves the City from certain contractual requirements, noted it is a two-phase parking agreement. The City Manager noted further that the City Code will have to be amended to accomplish the parking arrangement on Seminary Avenue and that a $10.00 a month parking rate will be established for all who use the lot on Oak and Stephenson's southeast corner. Councilmember Hickey questioned the 18-month waivers when the City was entering into a 2-year lease. The City Manager noted that when the City moves to the new Civic Center, another lot will be opened up to accommodate Pacific Bell's needs. M/S Kier/Hickey authorized staff to carry out the City Manager's Phase I and Phase II recommendations as follows: To offer to lease 13 spaces in the southeast lot to Pacific Bell at the first year rental rate of $10.00 per space, per month. me That the proposed lease be a maximum of two years with three automatic one-year option renewals, at the request of Pacific Bell, for a total maximum of a five-year lease. · To assure Pacific Bell that it is the City's policy that the five-hour parking on Seminary Avenue is available for all day parking as long as the meters are properly fed. The City does not, and would not, chalk tires on Seminary Avenue, thereby allowing citizens using parking meters to remain in the same space all day. A rate of $10.00 per month per space for the lot on the southeast corner of Oak and Stephenson Street effective February 1, 1986. Phase 2 - Recommendations 1. Authorized staff to give written assurances to Pacific Bell that 29 convenient spaces will be available for their January 1988 second phase move into their Stephenson Street location. 2. Authorized staff to negotiate with Pacific Bell to determine the price and the location of the 29 spaces. Reg. Mtg. October 1, 1986 Page 5 383 PETITIONS AND COMMUNICATIONS 9a. Letter from Vichy Sprinss Investors Group - Fire Protection The City Manager reported that a letter had been received from Gilbert Ashoff requesting that Vichy Springs Resort and a proposed Planned Unit Development be able to contract directly with the Ukiah Fire Department for fire protection. The City Manager believes that this opportunity should be explored but would like to wait until the Fire Chief is back on duty to begin negotiations. M/S Kier/Hickey authorized staff to begin discussing the possibilities of providing fire protection to the Vichy Springs area. The issue is to be brought back to Council for final approval. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. 9b. Letters from Employees Regarding Unit Representation The City Manager explained that two employees are requesting that their classification now represented by the Miscellaneous (Operating Engineers) Unit be included in the Management Unit and they be represented by that Unit. He noted that he has advised the two that the salary increase is not retroactive. M/S Hickey/Shoemaker the Accountant I and Electrical Supervisor classifications are Management/Supervisory positions in the context of the Meyers Milias-Brown Act, that the classifications are to be represented by the Management Unit effective October 1, 1986, and the salary shall be received at the management rate shown in the City Manager's memorandum effective October 1, 1986. The Mayor questioned how many more employees could be eligible for such a request. The City Manager responded with four and that he believes the employees should come to him for such a request. Councilmember Schneiter questioned whether the City has an exit clause. Bob Criddle, Operating Engineers' representative, indicated that the City had met and consulted regarding this matter and fulfilled the requirements of the law. He believes that the City should have a Supervisory Unit, but that precedent has already been established by putting these classes in the Management Unit. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. 9c. Operatin~ Engineers Union Impasse Hearing The City Manager reviewed his memorandum under the date of September 25, 1986, and entered several documents as noted in memorandum into the record. He reviewed the progression of the Union negotiations. He pointed out that the Principles of Agreement dated September 16, 1986 was drafted during discussion. There was no commitment from the Union representative nor the City representative on the series of agreements only that each would meet with respective constituency and try to sell the Principles of Agreement. The employees did not accept the Principles of Agreement and declared impasse ~n the negotiation process and requested a hearing before the City Council to make a determination. He believes that an impasse hearing is appropriate. He noted that the areas of impasse are: salary, effective date of salary, and the minimum salary guarantee to the employees for the second year. He further commented on how FLSA standards have affected wages, hours, and working conditions. IMPASSE HEARING OPENED - 6:55 P.M. Reg. Mtg. October 1, 1986 Page 2 384 Bob Criddle, Operating Engineers Business Representative from Marysville, questioned the Principles of Agreement and the effective date of September 7, 1986. John Yoast, Engineer Technician for the City, commented that the percent increase in salary should be 6%; the same as Police and Management received. That retroactive pay should be paid; back to the time the previous contract expired. Penny Black, Account Clerk for the City, commented that the employees' request for a salary increase should reflect what other units in the area have received and believes the 6% increase is appropriate. Mark Hilliker, 618 Grove Avenue, commented that the FLSA regulations should not be considered part of the requested salary increase. Bruce Evans, 316 No. Bush, commented that in his 12 years of employment he has not received a raise, but a cost of living increase. His position is now at the bottom 6% of the State schedules. Fire Captains do not receive FLSA benefits. He believes that the City will not be able to find qualified employees unless salaries are paid appropriately. Maggie Deephouse, 170-A Oak Manor Court, believes that the City employees should be given the requested 6% salary increase. George Hall, 951 West Road, Redwood Valley, addressed FLSA issues. Bob Criddle, Operating Engineers Business Representative, stated that retroactivity is an important issue. He noted that both parties have met and conferred in good faith and believes that the retroactivity is deserved. IMPASSE HEARING PUBLIC INPUT CLOSED - 7:28 P.M. Council questioned when negotiations first began, how much this particular unit received as a salary increase in 1985, and how it compares with Management's increases. M/S Hickey/Schneiter to go into Closed Session to discuss the following: 1. Meet and Confer. The motion was carried by a unanimous voice vote. NOES: None. The Council went into Closed Session at 7:37 p.m. The Council reconvened at 8:28 p.m. M/S Schneiter/Hickey adopted the Principles of Agreement dated September 16, 1986, as the settlement for the Miscellaneous Unit represented by the Operating Engineers. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. Mayor Henderson commented on valuing the employees and noted the City Manager has been the Council's negotiator representing Council's wishes. Councilmember Kier stated that total benefits should reflect a total package. Councilmember Schnetter stated that survey/data information that was given to Council earlier in the evening should be submitted to the City Manager during early parts of the negotiations. RECESS: 8:33 P.M. RECONVENED: 8:40 P.M. PUBLIC HEARING 8a. Request of Extension of Use Permit Application No. 85-75 - Marlene Street The Planning Director noted that since the applicant did not receive a building permit within one year as required by one of the standards the extension is being requested. The extension, subject to the original Reg. Mtg. October 1, 1986 Page 3 382 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - OCTOBER 1, 1986 The City Council convened in regular session at 6:30 p.m., in the Public Meeting Room at the Grace Hudson Museum. Roll was taken and the following Councilmembers were present: Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. Staff present: City Manager Payne, City Attorney Rapport, Public Works Director Pedroncelli, Electric Utilities Director Roper, Planning Director Harris, Finance Director Vara, Personnel Officer Horsley, City Manager's Secretary Stamelos, and City Clerk Hayes. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Henderson delivered the Invocation and Councilmember Schneiter led the Pledge of Allegiance. PROCLAMATION - SUN HOUSE MONTH/OCTOBER 4 - NOVEMBER 1, 1986 Mayor Henderson read the Proclamation acknowledging Sun House Month and delivered the same to Councilmember Shoemaker. PROCLAMATION - ALCOHOL ABUSE PREVENTION Mayor Henderson read the Proclamation acknowledging Alcohol Abuse Prevention and delivered the same to the City Manager. APPROVAL/CORRECTION OF MINUTES M/S Hickey/Schneiter approved the City Council Minutes of September 3, 1986 as submitted. The motion was carried by the following roll call vote: AYES: Councilmember Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR M/S Hickey/Kier approved the Consent Calendar Items 7a, 7b, 7c, 7d, 7e, 7f, 7g, 7h, as follows: 7a. (i) Approved the Payroll Warrants of September 17, 1986, #11442 to #11593 in the amount of $90,883.66. Approved the General Warrants of September 17, 1986, #32565 to #32669 in the amount of $406,817.98. (ii) Approved the Payroll Warrants of October 1, 1986, #11594 to #11739 in the amount of $88,105.84. Approved the General Warrants of October 1, 1986, #32670 to #32781 in the amount of $549,804.75. 7b. Denied the Claim for Damages, Beulah Mary Simoncini, and Referred Matter to Insurance Carrier. 7c. Adopted Resolution No. 87-20 Ordering the Airport South Reorganization (Annexation). 7d. (i) Awarded the bid of painting traffic stripes and bike lanes to Price Striping Service in the amount of $8,076.34. (ii) Awarded the bid for a turf riding mower to Ukiah Ford Tractor in the amount of $20,262.96. 7e. Accepted the Notice of Completion from Mattern Sand and Gravel for the construction of the water main improvements at the Airport, Dora Street and Warren Drive and directed the City Clerk to file the same. 7f. Approved the revised job description of Clerk Dispatcher. 7g. Adopted Ordinance No. 859, amending Chapter 2, Division 9 of the Ukiah City Code by Rezoning Property (Zone Change Application No. 87-5). 7h. Approved the Report of Administrative Actions and Proposals (R.A.A.P.). The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. Reg. Mtg. October 1, 1986 Page 1