HomeMy WebLinkAboutmin 05-15-85173
12b. Adoption of Policy Resolution No. i1-A - Allowing Banners Over Public
Right-of-Way
The Director of Public Works reported Policy Resolution No. ll-A updates the
City's earlier resolution to limit banners over City Streets to Chamber of
Commerce coordinated events. The Chamber of Commerce and/or specific
organizations will be required to install and maintain the banners. Insurance
coverage naming both the City and County will be required.
The City Manager reported the City has received a letter from County
Administrator, A1 Beltrami. The letter stated that the Mendocino County Board
of Supervisors recently conducted a review of County policies regarding the
hanging of banners from County property, across State Street, in front of the
Courthouse. The Supervisors determined, for the next six months, the County
will permit approved banners to be hung from County property.
The City Council determined that street banners for special events are an
integral part of community pride and identity, and are appropriate for
announcements of activities.
M/S: Kelley/Hickey to adopt Policy Resolution No. ll-A of the City Council of
the City of Ukiah, as amended (Superseding Policy Resolution No. 11) allowing
certain banners over public right-of-ways. The motion was carried by the
following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey,
Kelley and Mayor Myers. NOES: None. ABSENT: None.
12c. Reconsider Changing the City Council Meeting Dates
Councilmember Hickey expressed his appreciation to the City Council for their
consideration in this matter on his behalf. However, for the benefit of all
concerned, he requested that the City Council meetings be changed back to
Wednesdays and continue to be held in the Ukiah Unified School District Board
Room until the City Hall is moved into the new Civic Center.
M/S: Hickey/Kelley to change the City Council meetings back to the first and
third Wednesday nights of each month and continue meeting in the Ukiah Unified
School District Board Room until the new Civic Center is complete. The motion
was carried by the following roll call vote: AYES: Councilmembers Henderson,
Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None.
COMMENTS FROM AUDIENCE
Karen Bonime, 1112 Elm Street, Ukiah, expressed her appreciation to the City
Council for her appointment to the Electrical Energy Conservation Ad-hoc
Committee. Also, she apologized for taking up staff's time by putting a
letter on the agenda and then taking it off.
CITY COUNCIL REPORTS
Councilmember Henderson
None
Councilmember Kier
Reported he has received additional information from the CALED Conference that
he plans to pass on to the Council.
Councilmember Hickey
Reported he and the City Manager attended the American Public Power
Association's meeting in Los Angeles, May 6-8, 1985.
NCPA will select a new General Manager June 3, 1985.
NCPA is drilling again at the Geysers. They have hit steam.
He will be going to New York City, May 29, 1985, in an effort to refinance the
Combustion Turbine bond issue.
He has talked to Oliver Grace. A ruling was handed down by the Federal
Appellant Court remanding the Appeal back to the original court that heard it.
Reg. Mtg.
May 15, 1985
Page 5
174
May 15, 1985, he attended the opening of the County's new maximum security
jail facility on Low Gap Road.
Councilmember Kelley
Asked about the status of the newly constructed ball field.
Ma~or M~ers
Reported the local paper has indicated to him they would be willing to publish
the City Council agenda on a regular basis. Councilmember Hickey volunteered
to continue negotiations regarding this matter.
He requested that a %etter he received from County Administrator, A1 Beltrami
be agendized for the next Redevelopment Agency meeting.
The Council received a letter from Elaine Dunn requesting that a larger
facility be scheduled for the June 5, 1985, City Council meeting.
He attended the League of California Cities meeting regarding transportation.
It was determined that all Councilmembers will be available June 20, 1985, for
a workshop to be conducted by Tom MacMillan for the City Council, City Manager
and City Clerk.
RECESSED: 8:28 p.m. RECONVENED: 8:40 p.m.
CLOSED SESSION
Reconvened into Closed Session at 8:40 p.m., to discuss the following pending
litigation:
1) City of Ukiah vs. County of Mendocino
2) Kennedy Homes vs. City of Ukiah
Also, labor negotiations between the City of Ukiah and the Ukiah Police
Officers' Unit was discussed.
RECONVENED
The meeting reconvened into Open Session at 9:30 p.m., at which time the
following action was taken:
M/S: Hickey/Kelley to authorized the City Attorney to file an appeal in the
case of the City of Ukiah vs. the County of Mendocino regarding the Ford
Gravel Company use permit and County reclamation plan. The motion was carried
by the following roll call vote: AYES: Councilmembers Henderson, Hickey,
Kelley and Mayor Myers. NOES: None. ABSENT: Councilmember Kier.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:36 p.m., to
4:00 p.m., May 20, 1985, at 111W. Church Street, to discuss plans regarding
the new Civic Center.
Faye McAfee
Recording Secretary
Reg. Mtg.
May 15, 1985
Page 6
171
Charles Williams, 3 Betty Street, Ukiah, expressed his appreciation to the
City for waiting to cut the weeds in the field behind the airport until the
wild flowers had gone to seed. He requested this be the policy for each year.
PUBLIC HEARING CLOSED: 7:18 p.m.
M/S: Kelley/Kier to adopt Resolution No. 85-74 of the City Council of the
City of Ukiah directing the abatement of weeds, rubbish, refuse and dirt on
certain parcels of land in the City of Ukiah. The motion was carried by the
following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey,
Kelley and Mayor Myers. NOES: None. ABSENT: None.
UNFINISHED BUSINESS (Continued)
llb. Resolution No. 85-75, Authorizing Funds for Feasibility Study -
Redevelopment Agency
The City Manager reported that at the request of the Citizen's Redevelopment
Committee the Ukiah Redevelopment Agency has moved unanimously to request a
loan from the City of Ukiah to prepare a feasibility study. The anticipated
cost of the study was noted as from $10,000 to $25,000. Staff suggested a
loan of $15,000. He noted that during the Redevelopment Agency's 1975-76
activities more than $32,961 was expended and not reimbursed to the City
because the Redevelopment Plan was never implemented. Also, in 1983 an
additional $10,000 was loaned with no repayment to date. He stated that the
City has received a letter from Mendocino County indicating the County's
interest in getting involved in the early stages of the Redevelopment Agency's
project. Staff feels this involvement by the County would be appropriate.
M/S: Kelley/Henderson to adopt Resolution No. 85-75 of the City Council of
the City of Ukiah authorizing a $15,000 loan to the Ukiah Redevelopment
Agency.
Considerable discussion ensued regarding alternative options, i.e., contacting
the State Department of Commerce, Enterprise Zone, the Main Street Program,
CDBG grants, Industrial Development Bonds, and financial aid from the
Citizen's Redevelopment Committee and the Downtown Parking and Promotion
District.
A1 Norris, Executive Vice President of the Chamber of Commerce, spoke in favor
of the feasibility study.
The motion was carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None.
llc. Determination of Audit Requirements for Cash or Surety Bond Amounts for
Modern Disposal
The City Manager reported staff has been in contact with Modern Disposal
Service, Inc., regarding their continuing to provide garbage collection
service in portions of the Munson/Hastings area which was annexed to the City
of Ukiah. Modern Disposal has been notified that in order to continue to
provide such service in that area they must comply with the provisions of the
Ukiah Municipal Code and the City's rate schedules. Modern Disposal has
indicated they would comply with all City requirements.
A requirement of the City provides that the contractor shall pay the City,
prior to December 15 of each year, an amount not to exceed $5,000 for the
purpose of retaining a Certified Public Accountant. A question has arisen as
to the appropriateness of charging Modern Disposal the $5,000 when they are
only serving 18 customers. Also, a provision of the Ukiah Municipal Code
indicates the contractor shall provide a cash or surety bond in the amount of
$100,000.
The City Attorney indicated that the City Council has the authority to limit
or wave these requirements.
M/S: Hickey/Kier that Modern Disposal Service, Inc., may provide garbage
collection service in portions of the Munson/Hastings area without paying the
Reg. Mtg.
May 15, 1985
Page 3
172
City of Ukiah for an annual audit or providing a cash or surety bond. The
motion was carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None.
lld. Matter of Valley Wide Water District Study
Mayor Myers stated that since he placed this matter on the Council's agenda,
he has had an opportunity to speak with Dan Garvin of the Local Agency
Formation Commission (LAFCO). Mr. Garvin has assured him that by LAFCO's June
3, 1985 meeting, appropriate action will be taken regarding this matter. He
explained that the City of Ukiah has requested that LAFCO study the
feasibility of reorganizing the water districts, and the City of Ukiah's water
system, to provide for a more efficient and economical service to the people
of the greater Ukiah Valley. He reiterated that it is the City Council's
intent to encourage the study not to deter it.
No further action was taken.
lle. Adoption of Ordinance No. 849 Amending Section Reference in Wastewater
Ordinance No. 845
M/S: Kelley/Kier to adopt Ordinance No. 849 by Title only. The motion was
carried by a unanimous voice vote.
M/S: Kelley/Kier to adopt Ordinance No. 849 of the City Council of the City
of Ukiah renumbering sections and articles in portions of Division 4, Chapter
2 of the Ukiah Municipal Code, respecting sewerage requirements and charges.
The motion was carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None.
llf. Conformation of Appointments to the Electrical Energy Conservation Ad-hoc
Committee
The City Council confirmed the following appointments to the Electrical Energy
Conservation Ad-hoc Committee:
1) Chairperson, Councilmember Henderson: 2) Karen Bonime, resident of Ukiah;
3) Elizabeth Keith, League of Women Voters; 4) Marilyn Ogle, Chamber of
Commerce; 5) Marlene Werra, Realty Association; 6) Steve Zackery, and 7) Bob
Wallen.
The consensus of the City Council was that a Sun-set date would be determined
by the Electrical Energy Conservation Ad-hoc Committee upon the completion of
their study.
NEW BUSINESS
12a. Introduction of Ordinance No. 850 Amending Ukiah Municipal Code - Parking
Limit Violations
The City Manager reported that by not making parking in excess of the 90
minutes a continuing offense it creates an ambiguity in the City Parking
Ordinance. Business people in the past have complained about their parking
spaces not being available for customers, rather these spaces are taken up by
employees working in the area. The proposed ordinance would allow continued
ticketing to offenders for each period of time equal to the limits specified
for that location.
M/S: Kelley/Henderson to introduce Ordinance No. 850 by Title only. The
motion was carried by a unanimous voice vote.
M/S: Kelley/Henderson to introduce Ordinance No. 850 of the City Council of
the City of Ukiah adding Section 7051 to Division 8, Chapter 2, Article 3 of
the Ukiah Municipal Code, providing that violations of the Municipal Code
established parking limits are continuing offenses. The motion was carried by
the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey,
Kelley and Mayor Myers. NOES: None. ABSENT: None.
Reg. Mtg.
May 15, 1985
Page 4
169
MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - May 15, 1985
The City Council convened in regular session at 6:30 p.m., in the Ukiah
Unified School District Board Room. Roll was taken and the following
Councilmembers were present: Henderson, Kier, Hickey, Kelley and Mayor Myers.
Staff present: Payne, Rapport, Harris, Pedroncelli, McAfee and City Clerk
Hayes.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilmember Hickey delivered the Invocation and Councilmember Kier led in
the Pledge of Allegiance.
PROCLAMATION
Mayor Myers proclaimed May 18, 1985, as International Museum Day.
APPROVAL/CORRECTION OF MINUTES
M/S: Kelley/Hickey to approve the minutes of the May 1, 1985, regular meeting
as amended. The motion was carried by the following roll call vote: AYES:
Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None.
ABSENT: None.
The Following Items were Added to the May 15, 1985, City Council Agenda
M/S: Hickey/Kelley adoption of Ordinance No. 849 amending section reference
in Wastewater Ordinance No. 845, as Item lie. The motion was carried by a
unanimous voice vote.
M/S: Henderson/Kelley conformation of appointments to the Electrical Energy
Conservation Ad-hoc Committee, as Item llf. The motion was carried by a
unanimous voice vote.
M/S: Hickey/Kelley to reconsider changing the City Council meeting dates, as
Item 12c. The motion was carried by a unanimous voice vote.
SPECIAL ORDER OF BUSINESS - 6:35 P.M.
Architect, Victor Lopes reported he and his staff have had two productive days
of meetings with the City Manager and department heads. During their review
of the preliminary schematic design proposal, staff submitted questions and
suggestions regarding spacial change in the proposed design. He petitioned
the Council for another work/study session with the City Council, City Manager
and department heads for review of the construction cost proposal and further
review of the plans for the Civic Center.
The City Council scheduled a work/study session for 4:00 p.m., May 20, 1985,
at 111 W. Church Street for review of the construction cost proposal and
refinement of the plans for the Civic Center.
RIGHT TO APPEAL DECISION
Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding
the appeal procedure.
CONSENT CALENDAR
M/S: Hickey/Henderson to approve Consent Calendar items Sa, 8b, 8c, Sd, 8e
and 8f as follows:
Sa. Approved Payroll Warrants #6190 to #6333, $81,914.6I
Bb. Approved General Warrants #28602 to #28745, $220,479.04
8c. Authorized the demolition of a structure located at 208 Scott Street.
Sd. Awarded Bid for a Model M474 Strongboy Roller Trailer from Ricker
Machinery for the total amount of $6,211.60.
Reg. Mtg.
May 15, 1985
Page 1
170
8e. Approved Notice of Completion for Drainage Facilities at the City of
Ukiah Solid Waste Site and Addendum #1; Contractor, Lee Howard
Construction Company, Spec. No. 84-21.
8f. Approved Report of Administrative Actions and Proposals (R.A.A.P.)
The motion was carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None.
PETITIONS AND COMMUNICATIONS
10a. Letter from Karen Bonime Regarding Plant Design Modification
Mayor Myers reported that Karen Bonime has requested her letter regarding
plant design modification be removed from the agenda.
UNFINISHED BUSINESS
lla. Discussion of Northern California Power Agency (NCPA) Transmission Lines
Mike Argentine, Project Engineer, Northern California Power Agency, stated
NCPA has proposed an overhead electrical transmission line in lieu of an
underground transmission line primarily because of the greater cost of the
underground line. NCPA estimates the installed cost of an overhead 2.5 mile,
115 kilovolt electrical transmission line would be no more than $350,000.
EBASCO Services, the architect-engineer for the Combustion Turbine Project,
estimates the installed cost of undergrounding the line would be $2,800,000.
He reviewed the route of the proposed overhead transmission line. He
explained the difficulty in crossing under Highway 101. Additionally, he
stated the proposed overhead electrical transmission line would include all
new, aesthetically pleasing, wooden poles instead of steel poles.
Discussion ensued regarding the safety of pilots doing aerial spraying, the
acquisition of right-of-ways, potential wheeling charges and possible legal
ramifications regarding co-generation.
Karen Bonime, 1112 Elm Street, Ukiah, expressed concern regarding the
potential danger to Peregrine falcons, and the high rate of cancer reported by
people living near high powered transmission lines. She feels the
transmission line should be underground.
Charles Williams, 3 Betty Street, Ukiah, expressed concern regarding the
potential danger to Peregrine falcons. He requested that part of the trans-
mission line be put underground.
Mike Argentine responded that the initial study for the project was submitted
to the Department of Fish and Game. Their response was that the Negative
Declaration adopted for the project was what should have been done. He
indicated that research varifys there is no health impact due to the trans-
mission lines.
No further action was taken.
PUBLIC HEARING - 7:00 P.M.
9a. Adoption of Resolution No. 85-74 Directing the Abatement of Weeds -
1985 Weed Abatement Program
The City Manager reported that at their meeting of April 17, I985, the City
Council adopted Resolution No. 85-63 declaring weeds, rubbish, refuse and dirt
upon private property to be a public nuisance and setting May 15, 1985, as the
date for a public hearing to hear objections to ordering the abatement of
weeds, rubbish, refuse and dirt upon private property to be performed.
Concern was expressed regarding the proper notification of property owners.
PUBLIC HEARING OPENED: 7:15 p.m.
Reg. Mtg.
May 15, 1985
Page 2