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HomeMy WebLinkAboutmin 10-17-84MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - October 17, 1984 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 and Mayor Myers. Absent: Hickey and Kelley. Staff present: Payne, Rapport, Harris, Pedroncelli, Roper, Stamelos and McAfee. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Myers delivered the Invocation and Councilmember Henderson led in the Pledge of Allegiance. PROCLAMATION Mayor Myers proclaimed October 29 thru November 2, 1984, as Pacific Telephone Pioneers of America Week. RIGHT TO APPEAL DECISION Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. The Planning Director reported at the City Council meeting of October 3, 1984, he inadvertently reported the Selitseh's property to be in an R-1 zone, when in actuality the property is in an R-3 zone. APPROVAL/CORRECTION OF MINUTES M/S: Kier/Henderson to approve the minutes of the October 3, 1984, regular meeting as amended, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier and Mayor Myers. NOES: None. ABSENT: Hickey and Kelley. CONSENT CALENDAR M/S: Henderson/Kier to approve Consent Calendar items 7a, 7b, 7c, 7d and 7e as follows: 7a. Approved Payroll Warrants #4067 to #4206, $79,928.58 7b Approved General Warrants $26873 to #27011, $849,325.54 7c. Approved Resolution No. 85-32, Solar Heating for the Municipal Pool 7d. Awarded Bid for Communication Equipment (Portable Radios and Pagers) to Motorola Communications in the amount of $5,975.22 7e. Approved Report of Administrative Actions and Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Councilmembers Henderson, Kier and Mayor Myers. NOES: None. ABSENT: Hickey and Kelley. PETITIONS AND COMMUNICATIONS 8a. Letter from Ukiah Unified School District Regarding Sale of Yokayo School Site The City Manager reported the Ukiah Unified School District has informed the City of Ukiah that the City has sixty (60) days to notify the School District if it is interested in purchasing the Old Yokayo School Site. Staff recommended the City Council authorize staff to formally notify the Ukiah Unified School District that it is the intent of the City to purchase the property. M/S: Kier/Henderson moved to authorize staff to notify the Ukiah Unified School District that it is the intent of the City of Ukiah to purchase the Old Yokayo School Site, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier and Mayor Myers. NOES: None. ABSENT: Hickey and Kelley. UNFINISHED BUSINESS Reg. Mtg. October 17, 1984 Page 1 7O 9a. Adoption of Ordinance No. 841, In-lieu Parking Fees M/S: Henderson/Kier to adopt Ordinance No. 841 by Title only, carried by a unanimous voice vote. M/S: Henderson/Kier to adopt Ordinance No. 841 of the City Council of the City of Ukiah amending Article 5, Chapter 3, Division 8 of the Ukiah Municipal Code to eliminate the In-lieu Parking Fee for Parking District #1, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier and Mayor Myers. NOES: None. ABSENT: Hickey and Kelley. 9b. Introduction of Ordinance No. 842 Regarding Effective Date of Increase - Hotel/Motel Tax The City Manager reported when the City Council adopted the Hotel/Motel Tax increase from six (6%) percent to eight (8%) percent an effective date of January 1, 1985 was chosen. It was believed the City would know whether it had been awarded the Automated Flight Service Station by that date. The City has been advised there will be a delay in the awarding of an Automated Flight Service Station Facility. Due to this delay and because the City's existing adopted Ordinance calls for an effective date of January 1, 1985, Staff recommends Council introduce Ordinance No. 842 which creates an effective date based on the contingency of Ukiah being awarded an Automated Flight Service Station. M/S: Henderson/Kier to introduce Ordinance No. 842 by Title only, carried by a unanimous voice vote. M/S: Henderson/Kier to introduce Ordinance No. 842 of the City Council of the City of Ukiah amending Ordinance No. 831, reflecting City Hotel/Motel Tax to delay effective date based on the contingency of Ukiah being awarded the Automated Flight Service Station, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier and Mayor Myers. NOES: None. ABSENT: Hickey and Kelley. 9c. Matter of Architectural Service - Civic Center The City Manager reported the City needs to determine the process that it will use to determine architectural services at the Old Yokayo Site. He reviewed several alternatives for the Council. He stressed the importance of the City utilizing the delay that will occur as a result of the legal processes that the Ukiah Unified School District must undertake, to select an architect or an architectural firm for the Civic Center Project at the Old Yokayo Site. He explained in 1981 the Council received seven proposals in response to a request for architectural services for the construction of a City Hall on the existing Post Office parking lot. Five of these firms were interviewed which ultimately resulted in an Architectural Services Contract proposal with Roland/Miller and Associates. As the Council became aware that the Yokayo Site might be available for purchase, they determined they did not wish to proceed with the Architectural Services Contract with Roland/Miller and Associates. Discussion was had regarding the City's obligation to Roland/Miller and Associates; how extensive a new Request for Proposal (RFP) and interview process would be; the need for a different set of qualifications, since the Old Yokayo Site would be the remodeling/reconstructing of a major historical structure versus the building of a new structure on vacant land; and giving local firms the opportunity to bid the project. It was determined the City is no longer obligated to Roland/Miller and Associates. M/S: Kier/ to send out RFP's to those firms that were finalists (5 firms) in 1981 and to all local architectural firms. The motion was withdrawn for the lack of a second. Reg. Mtg. October 17, 1984 Page 2 71 Ed Busch, representing Bush Construction, 1821 Wildwood Drive suggested there are many contractors in the City that have worked with out of town architects. He indicated these contractors would be glad to give reference to architects who deal in major construction projects. It was determined since this is a personal services contract it does not have to be advertised. M/S: Kier/Myers moved to send out a Request For Proposal (RFP) to those who submitted RFP's the previous time, plus all local architectural firms and to Mr. Abst who has expressed an interest in the project. Concern was expressed regarding the possibility of excluding those who might be interested but have not communicated with the City. The maker of the motion with the approval of the second withdrew the motion. M/S: Henderson/Kier to notify the architects and architectural firms who participated before by submitting proposals, as well as all local architects and also consider proposals from any firm who expresses an interest and can meet the City's deadline. Staff recommended that Council not set a formal deadline but to let staff know when they want the information back, and that information will be sent out with the RFP's. Council indicated they wish to have this information placed on the agenda for the meeting of December 5, 1984. The motion carried by the following roll call vote: AYES: Councilmembers Henderson, Kier and Mayor Myers. NOES: None. ABSENT: Hickey and Kelley. 9d. Matter of Award of Bid - Construction of Site Preparation for 115 KVA Substation The Director of Electric Utilities reported at their regular meeting of September 5, 1984 the Council authorized the City to enter into an agreement with Busch Construction provided a letter could be obtained from the Contractors' State License Board indicating that Busch Construction was qualified to accomplish the work with a C-10 Contractor's License. In a letter from the Contractors' State License Board it was indicated, in their opinion, an (A) Contractor's License or a combination license with a C-10 and a C-12 Earthwork and Paving License are necessary. Based on this letter, it appears that the license of Busch Construction would not meet the Contractors' State License Board requirements. Staff reviewed different options available to Council. Since the 30 days for acceptance of the bid has been exceeded, staff recommended Council authorize the project to be rebid. M/S: Henderson/Kier to rebid the project with the condition that only bids will be accepted from contractors who have the proper licenses. Concern was expressed regarding the wording of "proper licenses". determined the proper license is not known when the bid goes out. It was The City Attorney responded that the City of Ukiah Municipal Code indicates a series of considerations that the Purchasing Agent is to consider when determining whether a bidder is responsible and/or qualified; one of those is that a contractor be in compliance with State Laws, Local Ordinances and must be properly licensed at the time of the bid. He recommended the project be rebid. Ed Busch, Busch Construction, 1821 Wildwood, low bidder, sited a similar case where a contractor came up with the proper license by the time the project was to be done. He feels his company should be awarded the bid since they will have the proper license before construction begins, He expressed concern regarding Mr. Silva of the Builders Exchange in Santa Rosa dictating to the contractors in Ukiah. He stated his company has been licensed for 28 years in the State of California and, in his opinion, is qualified to handle this project. Reg. Mtg. October 17, 1984 Page 3 72 The motion was denied by the following roll call vote: AYES: Councilmember Henderson. NOES: Kier and Mayor Myers. ABSENT: Hickey and Kelley. M/S: Kier/Henderson to authorize the Mayor and City Clerk to execute the Agreement with the low bidder, Busch Construction, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier and Mayor Myers. NOES: None. ABSENT: Hickey and Kelley. 9e. Matter of City Clerk The City Attorney reported the Council could treat the vacancy as commencing on the first Tuesday following the November 6, 1984 election, since that is the earliest date upon which Faye McAfee would have begun to serve as City Clerk. Until that time no vacancy exists in the City Clerk's position, as the official serving in that position continues to serve until his successor is elected and qualified. He reviewed the following three options available to the Council regarding the matter of City Clerk: 1) Appoint someone else to serve as City Clerk prior to November 6, 1984. 2) Within 30 days after November 13, 1984, appoint someone to fill the position. 3) Within 30 days after November 13, 1984, call a special election to be held on the next regularly scheduled election date not less than ninety (90) days thereafter. Mayor Myers stated he had contacted both Mr. Kraus and Mr. Ranochak who are aspiring for the position of City Treasurer and asked them if they would consider accepting a duel position of City Treasurer/City Clerk. They indicated they would be interested but would like to have clarification as to the duties and salary. The City Attorney does not feel there would be a conflict of interest in one person holding both positions. Considerable discussion was had regarding salary, legal requirements, duties, responsibilities and statutory obligations that are set forth through a variety of Government codes for the position of City Clerk. Also discussed was the combining of the City Treasurer and City Clerk positions. It was determined that Council would rather not have to hold a special election. M/S: Kier/Henderson moved that within thirty (30) days after November 13, I984, the Council is to appoint someone to fill the position of City Clerk. Marsha Young, Mendocino County Clerk Recorder, 300 S. Highland Avenue expressed concern regarding the legality of the City calling a special election after November 13, 1984. She stated there is a possibility Mendocino County will not conduct the City's election if it is not properly called. She stated the City Attorney and the County's interpretation of the Government Codes differ. A brief question and answer period ensued between the City Attorney and the Mendocino County Clerk Recorder, which resulted in varying interpretations of the Government Codes. It was determined by Council to follow the advice of the City Attorney. The Council requested the matter of the City Clerk appointment be placed on the agenda of the first City Council meeting following the November election which is December 5, 1984. The motion carried by the following roll call vote: AYES: Councilmembers Henderson, Kier and Mayor Myers. NOES: None. ABSENT: Hickey and Kelley. RECESS: 8:25 P.M. RECONVENED: 8:35 P.M. NEW BUSINESS 10a. Initiation of Marshall Street/Main Street Area - General Plan Amendment Reg. Mtg. October 17, 1984 Page 4 73 The Director of Planning reported during General Plan Amendment 1982-B the Marshall Street/Main Street area was considered for land use designation change from Medium High Density Residential to Commercial. At that time it was determined the change should not occur but reconsideration might be made after the Main Street extension was completed. The Main Street extension has been completed, and a property owner in the area has questioned whether the City or the property owner would be responsible for initiating any new review of the land use in that locale. The next opportunity for General Plan Amendment consideration will be January 1985, when the 1985-A amendment is begun. There is a $350 filing fee for General Plan Amendment application if initiated by a property owner. M/S: Kier/Henderson moved the City Council initiate General Plan Amendment 1985-A proceeding for Marshall/Main Streets area. Philip Frisbie, 600 Marshall Street stated when he purchased his property seven years ago it was zoned C-1. In 1982 it was changed to R-2. He explained for two years he has been under the impression that he still had a C-1 lot. He requested that, by minute order action, the Council change his property from the present R-2 zoning back to C-I; or due to the costly/lengthy process involved, the City initiate the General Plan Amendment to have his property changed back to C-1. Discussion was had regarding action taken by the Planning Commission in 1982, in designating this area Residential. It was explained the State Law designates four General Plan Amendments during each year and these have all been used for the 1984 year. The next General Plan Amendment consideration will be January 1985. The motion carried by the following roll call vote: AYES: Councilmembers Henderson, Kier and Mayor Myers. NOES: None. ABSENT: Hickey and Kelley. 10b. Contract Agreement - Farella, Braun and Martel The City Attorney reported the City is involved in significant contract disputes with the contractor constructing the Lake Mendocino Hydroelectric Project. Given the time consuming and specialized nature of this type of dispute, he recommended the City execute an agreement with the Law Firm of Farella, Braun and Martel who specialize in major construction disputes. M/S: Henderson/Kier to authorize the Mayor and City Clerk to execute an agreement with the Law Firm of Farella, Braun and Martel, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier and Mayor Myers. NOES: None. ABSENT: Hickey and Kelley. 10c. Matter of Highway 101 Improvement Councilmember Henderson reported one of her causes is the Russian River Expressway between Hopland and Cloverdale. The California Transportation Commission is meeting to appropriate funds for this project. She would like to see the Ukiah City Council take an official stand and direct staff to write a letter to the Commission stating this is an important project and Highway 101, along the Russian River, needs to be improved for the safety of the citizens of Ukiah and the economic development of the community, and that the City of Ukiah urge them to complete the Expressway as soon as possible. She requested similar letters be sent to the California State Senator and Assemblyman. M/S: Henderson/Kier to direct staff to write letters to the California Transportation Commission, California State Senator and Assemblyman stating the Russian River Expressway is an important project and Highway I01, along the Russian River between Hopland and Cloverdale, needs to be improved for the safety of the citizens of Ukiah; and that the City urges them to complete the Expressway as soon as possible, carried by a unanimous voice vote. 10d. Matter of November 21, 1984, Council Meeting The City Manager reported the City Council's second meeting in November falls on November 21, 1984. The following day November 22nd is Thanksgiving Day and Reg. Mtg. October 17, 1984 Page 5 the City offices are closed to the public both the 22nd and the 23rd. He stated it is his understanding the City Council has canceled their second meeting in November due to its proximity to the Thanksgiving Holiday. He explained that in previous years the second meeting in December has also been canceled. He noted Staff needs to know in advance if the Council plans to cancel these two meetings so they can appropriately notice and schedule public hearings accordingly. Mayor Myers stated that the second meeting in November has not been canceled unless it happens to be just prior to Thanksgiving which occurs every four to six years. Traditionally, the second meeting in December prior to Christmas vacation has been canceled. It was determined there are no time scheduled items to appear before the City Council during this time. M/S: Kier/Henderson moved to cancel the City Council meetings of November 21, 1984 and December 19, 1984, carried by a unanimous voice vote. 10e. Authorize Mayor and City Clerk to Execute Agreement with Concilio Latino Americano, Inc., for Community Garden The City Manager reported in May of 1980 the City of Ukiah entered into a lease with Concilio Latino Americano, Inc., which allowed them to utilize a portion of City owned property for community gardens. The lease expires in April of 1985 and would need to be extended for them to continue to utilize the site for the 1985 planting season. Staff recommended the lease agreement be extended for a period of two years under the same terms and conditions that presently exist. M/S: Kier/Henderson to authorize the Mayor and City Clerk to execute a lease agreement under the existing terms and conditions through April of 1987 with Concilio Latino Americano, Inc., for the purpose of community gardens on the City's Ranney Collector Site, carried by the following roll call vote: AYES: Councilmembers Henderson and Kier. NOES: Mayor Myers. ABSENT: Hickey and Kelley. COMMENTS FROM AUDIENCE No one wished to address the City Council at this time. CITY COUNCIL REPORTS Councilmember Henderson None Councilmember Kier Reported the Ad-hoc Committee on Capital Improvement Fees met October 17, 1984. He feels there is definite progress being made and the Committee will have a report to present to the City Council soon. He attended the NCPA Public Hearing for the Power Turbine project. Mayor Myers requested the upcoming report from the Ad-hoc Committee on Capital Improvement Fees be presented at a Special Meeting. Councilmember Hickey Absent Councilmember Kelley Absent Mayor Myers Reported he met with Supervisor's Marilyn Butcher and Jim Eddy to review their concerns regarding water rights. He assured them that the City is interested in the problems revolving around water and water rights and wants to help in any way possible. They requested a Councilmember be present at a general hearing Monday, October 29, 1984, in San Rafael to give public input. Councilmember Kier volunteered to attend. Reg. Mtg. October 17, 1984 Page 6 75 He attended the Ukiah Sanitation District meeting October 15, 1984. The Sanitation District has set the date of November 28, 1984 for a public hearing. He requested this matter be placed on the November 7, 1984, City Council agenda as an informational item. He received a letter from the Directors of the Ukiah Valley Fire District who have a question regarding a prior employee's salary. They would like to have a meeting with the Ad-hoc Committee regarding this matter. The City Manager reported the Fire Chief has responded to the District's letter. He recommended, since the City does not have an Ad-hoc Committee, possibly the Mayor could meet with the Directors of the Ukiah Valley Fire District. Mayor Myers requested Councilmember Hickey be included in such a meeting as he was on the past Ad-hoc Committee. He met with a representative from the Welcome Wagon. They asked if the City would like to become a fiscal contributor by sponsoring 500 envelopes for the Welcome Wagon information packets at a cost of $44.75 plus printing. The City Manager explained the City budgets a certain amount of money for promotional items such as this through the Chamber of Commerce each year. It was the consensus of the Council to contact the Chamber of Commerce regarding this matter. Mayor Myers reported he has received a number of communiques from the Energy Resources Conservation, many of which pertain to municipal solid waste to energy. He expressed his desire to make the Councilmembers aware that these meetings are occurring so if anyone is interested in attending they may do so. CLOSED SESSION Adjourned into Closed Session at 9:30 p.m. to discuss litigation and personnel matters. Reconvened into Open Session at 10:45 p.m. ADJOURNED TO CLOSED SESSION There being no further business the meeting was adjourned at 10:45 p.m. Closed Session was continued to October 23, 1984, at 6:30 p.m. to discuss personnel matters. Faye McAfee Recording Secretary Reg. Mtg. October 17, 1984 Page 7