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HomeMy WebLinkAboutmin 05-01-85165 M/S: Hickey/Kelley to adopt Resolution No. 85-73 approving the Community Development Commission's application for a preliminary loan for low-rent public housing. 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 expressed her appreciation to the City Council for their concern and actions in regards to public noticing. CITY COUNCIL REPORTS Councilmember Henderson Reported she attended a NCPA meeting April 25, 1985. Councilmember Hickey and the City Manager were also in attendance. She helped conduct bus tours of historical homes during the Annual District 513 Rotary Convention April 25-28, 1985. She commended the Ukiah Rotary for their participation as host Rotary Club. She expressed concern regarding the salary freeze placed on the Mendocino Transit Authority employees. She requested a report updating the progress of the NCPA underground power lines, and that the report be agendized for the May 15, 1985 meeting. Due to the effect that the Mendocino County budget has on the cities, she suggested the City Council conduct a budget review of the County's budget. Councilmember Kier Reported he felt the CALED Conference was very informative and beneficial. He reviewed the highlights of the conference noting more information will be forthcoming. The major topic of interest was "utility incentives to boost economy", a method of economic development. It was determined utility incentives to boost the economy will be considered for discussion during the City's 1985/86 budget hearings. Councilmember Hickey Reported he attended the April 27, 1985, NCPA meeting. The Grace Geothermal offer of 194 million was rejected by NCPA. Councilmember Kelley Requested clarification concerning the City Council's liability regarding his participation as a member of the Ukiah Player's Board. The City Council requested the City Attorney research this matter. ~.ayor Myers Applauded the Ukiah Rotary for a job well done as host Rotary for the District 513 Rotary Conference. He commended the Ukiah Daily Journal for an exceptional editorial regarding the positive work done by the Ukiah Rotary for the District 513 Rotary Conference. He thanked the City staff for their participation during Government Day at the Ukiah High School, May 1, 1985. He noted the Federal Aviation Administration has extended their announcement of a location for the Automated Flight Service Station until June 28, 1985. He reported the City has received a letter from Jack Daniels expressing concern that the Bush Street extention will not be completed by September when students start back to school. Mayor Myers echoed Mr. Daniels concern and stressed the importance of the completion of Bush Street by September. It was determined a day during the week of June 17, 1985, would be acceptable for Tom MacMillan to conduct a workshop. Reg. Mtg. May 1, 1985 Page 7 166 CLOSED SESSION Adjourned into Closed Session at 10:28 p.m., to discuss the following pending litigation: I) Underground Construction Company vs. Tudor Engineering Company 2) Kennedy Homes vs. City of Ukiah 3) City of Ukiah vs. County of Mendocino Under the exception in the Brown Act, which provides that on the advice of legal counsel the City has reached a point that there is an exposure to litigation, the letter from Charles R. Bell regarding garbage franchise enforcement will be discussed during closed session. ADJOURNMENT There being no further business the meeting was adjourned at 12:32 a.m., to 5:00 p.m., May 9, 1985, at 111 W. Church Street, to discuss plans regarding the new Civic Center. Faye McAfee Recording Secretary Reg. Mtg. May 1, 1985 Page 8 163 (DOL) has not issued a ruling on the Act. The City staff is waiting to find out what parts of the Act apply to the City, when they apply and whether or not they are retroactive. She noted that overtime could have a substantial financial impact on the City. Staff recommended those FLSA mandates most likely to be imposed by DOL be implemented by the City immediately. No further action was taken. 12b. Adoption of Resolution No. 85-71 Supporting the Establishment of a National Veteran's Cemetery in the Redwood National Park Councilmember Hickey stated a new National Cemetery in California for veterans is urgently needed. The Veterans' National Cemeteries in northern California are near capacity. He requested the Council adopt a resolution supporting the establishment of a National Veteran's Cemetery at School House Peak in the Redwood National Park. M/S: Hickey/Kelley to adopt Resolution No. 85-71 of the City Council of the City of Ukiah supporting the establishment of a National Veterans' Cemetery in the Redwood National Park. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 12c. Authorize the Mayor to Execute an Agreement with Stearns Regarding Easements and Land Transfer - Cleveland Lane The City Manager reported that the existing Sun House tennis courts, owned by Mr. Stearns, encroaches upon a parcel of land owned by the City of Ukiah. The agreement sets forth the terms and conditions under which the City will grant Fee Title to the portion of land being encroached upon. It also provides for a license to allow the sewer main from the Sun House to Cleveland Lane to occur prior to the formal surveying and transferring of the property. In addition, it allows a ten foot wide area for the future Cleveland Lane widening. The agreement specifies that the necessary surveying and documen- tation transfers will be done by Mr. Stearns and will occur within a one year period. Staff recommended the Council approve the agreement. M/S: Hickey/Kier to authorize the Mayor to execute the agreement with Mr. Stearns setting forth the terms and conditions under which the City will grant Fee Title to the portion of land being encroached upon. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 12d. Adoption of Resolution No. 85-72 Supporting AB-2483, California Main Street Program The Director of Planning reported Assembly Bill 2483, which was introduced by Assembly Member Peace, proposes to establish within the Department of Commerce a California Main Street Program. This program would provide technical assistance and training to business groups in small cities for economic revitalization and development in downtowns. Funds are not available for actual development projects. Five communities will be selected for program demonstrations. It appears that this type of activity might assist the current citizen effort toward redevelopment. It may also provide other alternatives to the business people for downtown revitalization as it is directed toward the private sector rather than emphasizing the governmental perspective. Staff recommended the Council adopt the resolution endorsing the legislation. M/S: Kier/Kelley to adopt Resolution No. 85-72 of the City Council of the City of Ukiah supporting Assembly Bill 2483 establishing the California Main Street Program. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley and Mayor Myers. NOES: Councilmember Hickey. ABSENT: None. 12e. Letter from Charles R. Bell Regarding Garbage Franchise Enforcement Due to potential litigation, the City Attorney requested this matter be discussed during the closed session. Reg. Mtg. May 1, 1985 Page 5 164 12f. Authorization for City to Process Parking Bails The Director of Finance reported the County has come to the City asking for a change in the percentage split of bails. The current split is ninety percent to the City and ten percent to the County. This percentage split is applied to all bails collected by the Ukiah Justice Court or Department of Motor Vehicles. The current ten percent split applies to all traffic as well as parking citations. The County is requesting the percentage split be revised from 90/10 to 80/20. Based on the County's figures for the fiscal year 1983/84, an increase from ten percent to twenty percent would cost the City of Ukiah an additional $9,100. Staff recommended the City take over the complete processing of delinquent parking citations and keep the current percentage split in place. M/S: Kelley/Henderson to direct staff to implement the transfer of processing delinquent parking citations from the County. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 12g. Ordinance No. 849 Amending Section Reference in Wastewater Ordinance No. 845 The City Attorney reported Ordinance No. 849 would make certain technical corrections to article and section numbers in portions of Ordinance No. 845. He also reported that under Government Code section 36933, in lieu of the City publishing the full text of an ordinance, the City can publish a summary of an ordinance and post a certified copy of the proposed ordinance in the City Clerk's office at least five days prior to the Council meeting at which the ordinance is to be adopted. If this is done, the City can publish a summary of the ordinance together with the names of the Councilmembers voting for and against it within 15 days after its adoption without publishing the full text of the ordinance. During that same 15 day period, a certified copy of the ordinance must be posted in the City Clerk's office. Where proposed ordinances are long, this procedure can be used to save publication costs. One of the principle concerns expressed was how summary noticing will affect the citizens of Ukiah. M/S: Kelley/Hickey to establish a minute order to designate the City Clerk to publish a summary of an ordinance when feasible and appropriate. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. M/S: Kelley/Hickey to introduce Ordinance No. 849 by Title only. The motion was carried by a unanimous voice vote. M/S: Kelley/Hickey to introduce 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. 12h. Resolution No. 85-73 Approving Application for Preliminary Loan for Low-Rent Public Housing The City Manager reported that the City has received a communication from the Community Development Commission (CDC) requesting authorization to submit an application for funding in an amount not to exceed $35,904 to build approximately sixty low-rent public housing units. Concern was expressed by the Council that in the past several years the only construction in the area has been for low-cost housing, which could create a lack of support for private enterprise. Payments in lieu of taxes on public housing cannot exceed, and may be less than, property taxes collected on private housing. Reg. Mtg. May 1, 1985 Page 6 161 facility. He reviewed the regular rental rates and provisions of the Saturday Afternoon Club noting that they have offered the City of Ukiah their facility at a substantially reduced rate. In addition, they have agreed that if additional meetings were needed by the City, above and beyond those regularly scheduled, i.e., the four per month, two for the City Council and two for the Planning Commission, the facility would be made available for a nominal charge per meeting. One of the principle concerns discussed was that with City Council meetings on Wednesday nights it creates a conflict for those who attend NCPA and TANC meetings. Also discussed was the cost of renting the Saturday Afternoon Club and the tradition of the City Council meeting on Wednesday evenings. M/S: Hickey/Kelley to change the City Council regularly scheduled meeting dates to the first and third Tuesdays of each month, with the location to be at the Saturday Afternoon Club, effective July 2, 1985. The motion was carried by the following roll call vote: AYES: Councilmember Kier, Hickey and Kelley. NOES: Councilmember Henderson and Mayor Myers. ABSENT: None. llc. Adoption of Ordinance No. 848 - Amending Sections 50 and 51 of the Ukiah Municipal Code M/S: Kelley/Henderson to adopt Ordinance No. 848 by Title only. The motion was carried by a unanimous voice vote. M/S: Kelley/Henderson to adopt Ordinance No. 848 of the City Council of the City of Ukiah amending Chapter 2 of the Ukiah Municipal Code respecting the time and place for meetings of the City Council. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. lld. Adoption of Resolution No. 85-70 Regarding Revenues at the Sun House Museum The Personnel Director reported in accordance with the determinations reached at the joint study session between the City Council and the Sun House Guild Board of Trustees, Resolution No. 85-70 voids the August 1984, Agreement for use of Sun House contributions and determines that the fees for admission at both the Sun House and the new Sun House Museum, along with the rental of public rooms, will be returned to the City. This will help to offset the City's increased costs. Staff recommended adoption of the resolution. M/S: Kelley/Hickey to adopt Resolution No. 85-70 of the City Council of the City of Ukiah authorizing an Agreement for the use of Sun House contributions. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. lie. ~ity Clerk Assistance at Council Meetings Mayor Myers requested that during the transition period of the newly elected City Clerk, staff provide the assistance of a recording secretary until the Council feels the need to eliminate the service. Discussion ensued regarding the importance of the City Council minutes and the need for having two clerical people in attendance at the Council meetings. M/S: Kelley/Henderson to direct staff to continue the services of a recording secretary at all meetings deemed necessary by the City Council until the Council feels the need to eliminate the service. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. Mayor Myers stated he has contacted Tom MacMillan at Mendocino College and requested him to facilitate a one-day work session for the City Council, City Manager and City Clerk. The participates could review and define rolls, responsibilities and goals for coordination with staff. It was determined by the Council there is a need for such a workshop. Reg. Mtg. May 1, 1985 Page 3 162 M/S: Kier/Henderson to contract with Tom MacMillan for a one-day workshop, at an approximate cost of $250, to review rolls, responsibilities and goals regarding the City Council, City Manager, City Clerk and staff. The motion was carried by a unanimous voice vote. The consensus of the Council was a date for the workshop will be determined during the City Council Reports. llf. Sun House Staffing The City Manager reported that should the Council choose to staff the complex via an independent contractor agreement, staff would recommend that the City contract with a director or museum agency, with a stipulation that the director or agency be responsible for the employment of a curator. This will help avoid the City entering into an employer-employee relationship with these individuals. However, should the Council choose to make the director and curator positions City of Ukiah employees, both the employment and payment processes become somewhat more complex. Job descriptions for the positions must be drafted and approved by the Council, then recruitment, testing and appointment must follow in accordance with City Civil Service requirements. The City Attorney indicated that an independent contract arrangement would not violate Civil Service requirements and might be possible as a factual matter, ~f the Council is willing to provide in the contract that the contractor will have a free hand in establishing the means and methods for operating and promoting the Sun House Museum, and that the contract can only be terminated during its term for cause. However, because some of the factors used by courts to judge the nature of particular work relationships will unavoidably indicate that of employer (employee in this case) it cannot be predicted with certainty how a court would judge this case. The ultimate decision must be made by the City Council as a matter of policy. Discussion ensued regarding the present Sun House curator's contract, the City's ability and liability to contract for management services, how to find existing management groups and local people who would wish to do the job. M/S: Kier/Hickey to negotiate an independent contract for professional services at the Sun House Complex. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. The City Attorney suggested the City publicize locally for a management service for the Sun House Museum. M/S: Kier/Kelley to authorize staff to publicize locally, within Mendocino County, a general solicitation for a management service for the Sun House Complex and organize an interview process for selection. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. RECESSED at 8:10 P.M., to the Ukiah Redevelopment Agency Meeting. The City Council Meeting RECONVENED at 9:02 P.M. NEW BUSINESS 12a. Briefing on the Fair Labor Standards Act The Personnel Officer explained the Fair Labor Standards Act (FLSA) was originally enacted by Congress in 1938. Initially the Act did not apply to state and local agencies; rather, the law sought to protect private sector employees by setting minimum wage and overtime standards. Then, in 1974, Congress amended the Act and made its provisions binding on all public employers. She reported the City of Ukiah has received a special Fair Labor Standards Act Bulletin. She briefly reviewed the lengthy bulletin noting the FLSA is interpreted and enforced by the Department of Labor. The Department of Labor Reg. Mtg. May 1, 1985 Page 4 159 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - May I, 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, Roper, Schlienger, Stamelos, Vara, McAfee, and City Clerk Hayes. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Myers delivered the Invocation and Councilmember Kelley led in the Pledge of Allegiance. PROCLAMATION Mayor Myers proclaimed the following: 1) The month of May 1985, as National High Blood Pressure Awareness Month. 2) May 5 - 11, 1985, as Teacher Appreciation Week. APPROVAL/CORRECTION OF MINUTES i. Special Meeting, April 11, 1985 M/S: Hickey/Kelley to approve the minutes of the April 11, 1985, special meeting as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. ii. Regular Meeting, April 17, 1985 M/S: Kelley/Hickey to approve the minutes of the April I7, 1985, regular meeting as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Kelley. NOES: None. ABSTAIN: Mayor Myers. ABSENT: None. SPECIAL ORDER OF BUSINESS - 6:35 P.M. Architect, Victor Lopes reported he and his staff are preparing a presentation for the City Council and City staff for the meeting of May 9, 1985. He expressed concern for public safety on both the grounds and the empty building at the Yokayo site. Due to the deteriorated stage of the building and the dangerous electrical situation, he recommended public access to the building be prohibited. Discussion ensued regarding turning off all electricity to the building, closing the openings in the chain link fence, posting the grounds and building as a restricted area, maintaining access for the employees of the Ukiah Unified School District and the liability of the City. It was the consensus of the City Council that the grounds and building are to be posted as "dangerous". 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/Kelley to approve Consent Calendar items 8a, 8b, 8c and 8d as follows: 8a. Approved Payroll Warrants #6048 to $6189, $79,513.51 8b. Approved General Warrants #28512 to #28601, $517,119.01 8c. Authorized the BMX Club to apply for a building permit to construct a building at the Ukiah Rusty Bowl. Sd. Approved the Report of Administrative Actions and Proposals (R.A.A.P.) Reg. Mtg. May 1, 1985 Page 1 160 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 I0a. Letter from Ukiah Valley Fire Protection District The City Manager reported the City has received a letter from the Ukiah Valley Fire Protection District (UVFPD) requesting a meeting with the City Council. It was determined that a meeting with the UVFPD could prove beneficial for all agencies involved. The City Clerk was directed to request the UVFPD submit a list of items for discussion by May 8, 1985. The Council indicated a tentative meeting date of May 14, 1985, at 5:00 p.m., at 111W. Church Street. PUBLIC HEARING - 7:00 P.M. 9a. General Plan Amendment 1985-A - Land Use Change Areas The Director of Planning briefly reviewed the four land use change areas which will be affected by General Plan Amendment 1985-A (GPA-85A). He reported the initial public hearing for GPA-85A was conducted by the Council April 17, 1985. This is the second public hearing. Staff recommended approval of the Negative Declaration and adoption of Resolution No. 85-69 implementing General Plan Amendment 1985-A which will affect the following four land use change areas: i. Marshall Street West ii. Yokayo Center East iii. Observatory Avenue South iv. Washington/Dora Northwest CONTINUED PUBLIC HEARING OPENED: 7:04 P.M. No one wished to address the City Council regarding the land use change areas. PUBLIC HEARING CLOSED: 7:05 P.M. M/S: Kelley/Henderson to find the Negative Declaration for General Plan Amendment 1985-A adequate and complete. The motion was carried by a unanimous voice vote. M/S: Kelley/Henderson to adopt Resolution No. 85-69 implementing General Plan Amendment 1985-A. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 1985-A UNFINISHED BUSINESS lla. Appointment of Ad-hoc Committee for Electrical Energy Conservation The following names were suggested for appointment to the Electrical Energy Conservation Ad-hoc Committee: I) Karen Bonime; 2) A member from the Chamber of Commerce; 3) Nancy Verville or a member of the League of Women Voters; 4) Steve Zackery; 5) Councilmember Henderson; 6) Bob Wallen; and 7) Fred Schnieder or a member of the Realty Association. Mayor Myers requested the Committee be constructed of no more than seven members and that Councilmember Henderson be the Chairperson. It was determined conformation of the appointments will be agendized for the City Council's regularly scheduled meeting of May 15, 1985. lib. Discussion of Changing City Council Meeting Dates The City Manager reported that he has discussed with the Saturday Afternoon Club the possibility of the City holding Tuesday regular meetings at the their Reg. Mtg. May 1, 1985 Page 2