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HomeMy WebLinkAboutmin 01-02-85105 He requested retiring Finance Director, Roy Brosig be allowed to continue as Alternate on the Redwood Empire Municipal Insurance Fund (REMIF). Discussion ensued regarding the appointment of the new Finance Director to this position, residency requirement and whether the appointment should be given to someone who is involved with City policy on a day to day basis. It was determined Roy Brosig would remain as the Alternate to REMIF. CLOSED SESSION Adjourned into Closed Session at 8:30 p.m. to discuss litigation. ADJOURNMENT There being no further business the meeting was adjourned at 8:43 p.m., to January 10, 1985, 11:00 a.m., to review architects proposals for the Yokayo Site. Faye McAfee Recording Secretary Reg. Mtg. January 2, 1985 Page 6 104 Both areas are City owned and not adjacent to existing City boundaries. Detached annexation of up to 300 acres is allowed by State Law. Reorganization of the North Fire Station and Old Sewer Treatment Plant encompasses forty (40) acres. M/S: Kelley/Kier to adopt Resolution No. 85-44 of the City Council of the City of Ukiah making application to the Mendocino County Local Agency Formation Commission for the North Fire Station and Old Treatment Plant reorganization as amended, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 10d. Approval of Job Description - Police Sergeant The Personnel Officer reported this classification was last revised in 1978. The description for Police Sergeant has been updated to define the active participation in daily operations currently required by the department and remove examples of duties found to be redundant. No change in the salary range is proposed. Staff recommended that Council approve the job description for the classification of Police Sergeant. A principle concern of Mayor Myers was whether the new job description would restrict advancement within the department. The Personnel Officer assured the Council it would not. M/S: Kelley/Hickey to approve the job description for the classification of Police Sergeant, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. COMMENTS FROM AUDIENCE Pat Lawrence, 407 McPeak, Ukiah read a prepared statement requesting that the City Council send a letter to Northern California Power Agency requesting the public hearing and public comment period for the Ukiah Peaking Combustion Turbine Project be reopened. The Acting City Attorney explained the public hearings for this project followed the letter of the law and he feels it would be setting a dangerous precedence to recommend they be reopened. Ms. Lawrence request was denied. Bill Drake, 115 Marlene, Ukiah thanked Mayor Myers for his clarification of General Plan Amendment 1984-C. CITY COUNCIL REPORTS Councilmember Henderson None Councilmember Kier Reported he has been appointed to the Mendocino County Overall Economic Development Committee. Councilmember Hickey Wished everyone a Happy New Year. Councilmember Kelley Reported his committees meet later in the week. Mayor Myers Set the date of January 28, 1985, at 1:30 p.m., for a demonstration regarding the proposed Canine Program. He suggested the Team Workshop regarding Staff/Council relations be postponed until after the March 1985, Special Election so the City Clerk can participate. Reg. Mtg. January 2, 1985 Page 5 103 roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 10a. Set Dates for Study Sessions The City Manager reported the Redevelopment Report and the TJKM Traffic Study are items the Council requested for review at its Goal Setting Session. The Sun House Report was prepared by Ms. Mahoney and presented to them in November of 1984. Councilmember Henderson stated the Sun House Board of Trustees has requested a joint meeting with the City Council to review and discuss the Sun House Report. The City Council set the date of January 21, 1985, in the City Council Chambers, at the times indicated below for Study Sessions regarding the following items: i) Review Redevelopment Report: January 21, 1985, at 5:00 p.m. ii) TJKM Traffic Study: January 21, 1985, at 6:00 p.m. iii) Sun House Report: January 21, 1985, at 7:00 p.m. It was determined clerical help would not be necessary for the above Study Sessions. 10b. Recommendation to LAFCO Regarding Annexation to Millview County Water District The Director of Planning reported pursuant to State Law the Local Agency Formation Commission (LAFCO) is requiring recommendations from appropriate jurisdictions when annexations to other agencies are proposed within their sphere of influence. A ten acre annexation to the north side of Millview County Water District is proposed. Since the City's sphere of influence extends to Highway 20, action by the Council regarding this annexation is necessary before an application can be pursued by the property owners or Millview. Staff believes that as long as American Water Works Association (AWWA) standards for line size, pressure and capacity are met and necessary fire hydrants and water flow for fire protection assured, annexation is acceptable. Discussion ensued regarding Millview's capability to provide adequate water for fire protection. It was asked how does Council receive information back from LAFCO. It was suggested that staff request minutes from the LAFCO meetings and present them to Council as part of the R.A.A.P. M/S: Kier/Kelley to direct staff to send a letter to LAFCO recommending approval of the proposed annexation to Millview County Water District with the conditions that all AWWA standards are met and adequate fire protection is provided, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier and Mayor Myers. NOES: Councilmembers Hickey and Kelley. ABSENT: None. 10c. Adopt Resolution No. 85-44 for North Fire Station and Old Sewer Treatment Plant Annexation The City Manager reported in the original plan for services it was indicated the City would purchase PGandE's facilities to service the old Sewer Plant property. He recommended the City Council tell the Local Agency Formation Commission that the City may build their own facilities rather than purchase from PGandE and therefore amend page 3 of the Resolution to read "and/or abandonment of PGandE's facilities". The Director of Planning reported the application for annexation of the North Fire Station and Old Treatment Plant areas to the City of Ukiah and detachment of same from the Ukiah Valley Fire Protection District requires a formal resolution. Prezoning of the areas from existing Mendocino County A-1 & C3:SP to City PF was adopted by the City Council at their December 5, 1984 meeting. Reg. Mtg. January 2, 1985 Page 4 102 9a. Resolution No.'s 85-46 & 85-47 Appointing i) Parks, Recreation and Cultural Arts Commissioner M/S: Kelley/Hickey to adopt Resolution No. 85-46 of the City Council of the City of Ukiah appointing Victor Lopes to the Parks, Recreation and Cultural Arts Commission, carried by a unanimous voice vote. ii) Planning Commissioner M/S: Hickey/Kelley to adopt Resolution No. 85-47 of the City Council of the City of Ukiah appointing Norm McLean to the Planning Commission, carried by a unanimous voice vote. 9b. Introduction of Ordinance No. 847 Designating City Clerk Salary The City Manager reported an Ordinance has been prepared changing the City Clerk's compensation from $40 per month to $12,000 per year payable monthly. In addition, the amount of the bond to be posted was changed from $500 to $25,000 payable by the City of Ukiah. It was determined by Council, Section 1 of Ordinance No. 847 shall be amended to read: "The Clerk of the City of Ukiah shall receive as total compensation the sum of $12,000 per year payable monthly. The City Clerk shall be bonded in the amount of $25,000. The bond fee shall be a proper charge against such funds of the City as the City Council shall designate". M/S: Kelley/Hickey to introduce Ordinance No. 847 as amended by Title only, carried by a unanimous voice vote. M/S: Kelley/Hickey to introduce Ordinance No. 847 of the City Council of the City of Ukiah, as amended, amending Chapter 3, Article 5 of the Ukiah Municipal Code establishing compensation for City Clerk, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 9c. Adoption of Ordinance No. 845 - Wastewater Ordinance The City Manager reported the City Council adopted Wastewater Ordinance No. 845 at their December 12, 1984 special meeting, at which time they determined to delay the effective date of the Ordinance. Government Code section 36934 states when ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. The City Attorney recommends that while delaying the effective date is not a substantive change, sufficient time exists before the proposed effective date to reread and adopt the Ordinance at a regular Council meeting. This will insure technical compliance with the Government Code. Since the public hearing was closed prior to adoption of the Ordinance, another public hearing is not necessary. M/S: Kelley/Hickey to adopt Ordinance No. 845 by Title only, carried by a unanimous voice vote. M/S: Hickey/Henderson to adopt Ordinance No. 845 of the City of Ukiah repealing portions of Articles 1 through 8, Division 4, Chapter 2 of the Ukiah Municipal Code, repealing and/or renumbering portions of Sections 3700-3779 thereof and adding new articles and sections to Division 4, Chapter 2 establishing a new system of sewerage requirements and charges, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: Councilmember Kelley. ABSENT: None. 9d. Adoption of Ordinance No. 846 - Prezone No. 85-21, Hastings S.E. M/S: Hickey/Kelley to adopt Ordinance No. 846 by Title only, carried by a unanimous voice vote. M/S: Kelley/Hickey to adopt Ordinance No. 846 of the City Council of the City of Ukiah prezoning certain property Hastings S.E., carried by the following Reg. Mtg. January 2, 1985 Page 3 101 Duane Grilli, 1110 Sanford Ranch Road, Ukiah stated in the Spring of 1982 he was awarded a one year contract from the State of California Air Resources Board for daily temperature readings. He stated he was asked by the City of Ukiah to pay a fee of $20.00 per month to operate from the Ukiah Airport. He believes no one has paid this fee before or after him and the charge is unjust. When he appeared before the Airport Commission in March 1984, they voted to recommend he receive a refund. After a period of nine months he received a negative response from the City Attorney and was told he would have to file an appeal to request a refund of the fees he paid the City for airport use. Discussion ensued regarding the potential lack of equitable policies in charging airport operations' fees versus requiring a business license, who sets such fees and the Airport Commission's decision to recommend a refund of fees paid by Mr. Grilli. It was determined the airport operations' fee was discontinued until the Airport Commission could finalize their review of Airport Operator Standards. It was during this time that the business license requirement was imposed. M/S: Hickey/Kier to uphold Staff's recommendation that Mr. Grilli's request be denied, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier and Hickey. NOES: Councilmember Kelley and Mayor Myers. ABSENT: None. The City Council directed Staff to present the completed Airport Commission's review of Airport Operator Standards to Council at their earliest convenience. Mr. Grilli indicated he would appeal the Council's decision. PUBLIC HEARING - 7:00 P.M. 7a. General Plan Amendment 1984-C - Land Use Changes The Director of Planning reported General Plan Amendment 1984-C includes two areas of land use change, "Orchard Avenue South/Marlene Street North" and "Dora/Fircrest South". The first is a proposed change of approximately eleven acres from Medium High Density Residential to High Density Residential. The second is an area of approximately two acres which is developed in residential uses and County General Planned SR and zoned R-1. The change is from Commercial to Medium Low Density Residential to reflect existing zoning and land use. He noted at the December 5, 1984 meeting the Council expressed a negative response to the proposed change for "Orchard Avenue South/Marlene Street East". The Negative Declaration and Resolution are both written to reflect a denial of the Orchard Avenue request and approval of Dora/Fircrest South. CONTINUED PUBLIC HEARING OPENED: 7:25 P.M. Pete Pasoff, 155 Deborah Court, Ukiah requested the R-2 zoning of Orchard Avenue South/Marlene Street North remain the same. PUBLIC HEARING CLOSED: 7:28 P.M. i) Negative Declaration M/S: Kelley/Hickey to find the Negative Declaration adequate and complete, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. ii) Resolution No. 85-45 Adopting General Plan Amendment M/S: Kelley/Hickey to adopt Resolution No. 85-45 of the City Council of the City of Ukiah adopting General Plan Amendment 1984-C, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. UNFINISHED BUSINESS Reg. Mtg. January 2, 1985 Page 2 100 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - January 2, 1985 The City Council convened in regular session at 6:30 p.m., in the City Council Chambers. Roll was taken and the following~ Councilmembers were present: Henderson, Kier, Hickey, Kelley and Mayor Myers. Staff present: Payne, Acting City Attorney Marston, Harris, Pedroncelli, Schlienger, Stamelos and McAfee. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Henderson delivered the Invocation and Councilmember Kelley led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES 4a) Regular Meeting, December 5, 1984 M/S: Hickey/Kelley to approve the minutes of the December 5, 1984, regular meeting as amended, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 4b) Special Meeting, December 12, 1984 M/S: Hickey/Kelley to approve the minutes of the December 12, I984, special meeting as submitted, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. CONSENT CALENDAR The City Manager requested Item 6e be pulled and placed as Item 10c, and Mayor Myers requested Item 6f be pulled and placed as Item 10d. M/S: Hickey/Kelley to approve Consent Calendar items 6a, 6b, 6c, 6d, 6g and 6h as follows: 6a. Approved December 19, 1984 City of Ukiah Warrants i. Payroll Warrants #4628 to #4768, $104,192.61 ii. General Warrants #27361 to #27510, $564,283.57 6b. Approved January 2, 1985 City of Ukiah Warrants i. Payroll Warrants #4769 to #4912, $83,983.46 ii. General Warrants #27511 to #27554, $1,251,845.27 6c. Adopted Resolution No. 85-43 Authorizing REFA Financing and Authorized Signing of all Financing and Leasing Documents 6d. Authorized Demolition Under Ordinance No. 821 of Structure Located at 1096 W. Standley Street 6g. Approved Job Description for Typist Clerk/Dispatcher 6h. Approved Report of Administrative Actions and Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. PETITIONS AND COMMUNICATIONS 8a. Letter from Duane J. Grilli Requesting Refund of Airport Operator's Fee The Director of Public Works reported the City has received a letter from Mr. Grilli requesting the return of certain airport operation fees. Staff maintains the fee should be charged as no other City fee was imposed on Mr. Grilli for conducting a business at the airport; a fee was charged and paid by previous fixed base operator's (FBO) performing the same task (the fee was included in FBO leases and licenses); the current operator performing this task is paying a business license fee; the same fee was paid by another operator (Airporter) during the same period; Policy Resolution No. 83-8 reaffirms the Council's intent not to waive fees; and waiver of said fee could be considered a gift of public funds. Staff recommended Mr. Grilli's request be denied. Reg. Mtg. January 2, 1985 Page 1.1