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HomeMy WebLinkAboutmin 09-05-8451 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - SEPTEMBER 5, 1984 The City Council convened in regular session at 6:30 p.m. in the City Council Chambers. Roll was taken and the following Councitmembers were present: Henderson, Kier, Hickey, Kelley and Mayor Myers. Absent: None. Staff present: Payne, Rapport, Harris, Pedroncelli, Stamelos and Kerr, as Acting Recording Secretary. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Myers delivered the Invocation and Councilmember Hickey led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Henderson/Hickey to approve the minutes of the August 15, 1984, regular meeting as amended, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSTAIN: Kelley. PROCLAMATIONS Mayor Myers proclaimed the following: September 15 - October 15, 1984, "Sun House Month". September 22, 1984, will be the official ground-breaking day for the Sun House Cultural 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/Kelley to approve Consent Calendar items 7c, 7d, 7e, and 7g as follows: 7c. Denied claim for damages, Rodney A. Cone, Deny and Refer to Insurance Carrier 7d. Approved Job Description for Clerk-Dispatcher. 7e. Approved Notice of Completion for Contract for Asphalt Concrete Surfacing on City Streets. 7g. Approved Report of Administrative Actions & Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Councilmembers Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSTAIN: Henderson. Items 7a, Payroll Warrants, and 7b, General Warrants, were removed from the Consent Calendar and carried forward to New Business as Item I0d; Item 7f, Award of Bid for Construction of Site Preparation, Installation of Conduits and Removal of Existing 12 KV Sub-Station Foundations, carried forward as Item 10e. UNFINISHED BUSINESS 9a. Appointment to the Airport Commission The City Manager explained that there is one vacancy, with no applications. Councilmember Kier suggested that since the vacancy on the Airport Commission has repeatedly been difficult to fill, perhaps the number of members should be cut from seven to five. It was the consensus of the Council that a letter be written to the Airport Commission to ask their feelings about the reduction and the reply brought back to Council. Reg. Mtg. September 5, 1984 Page 1 No further action was taken. 9b.' Adoption of Ordinance No. 836 Abolishing the Parking Advisory Commission M/S: Kelley/Henderson to adopt Ordinance No. 836 by Title only carried by unanimous voice vote. M/S: Kelley/Hickey to adopt Ordinance No. 836 abolishing the Parking Advisory Commission, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. 9c. Adoption of Ordinance No. 837 Regarding Business License Application Referrals M/S: Hickey/Kelley to adopt Ordinance No. 837 by Title only carried by unanimous voice vote. M/S: Hickey/Kelley to adopt Ordinance No. 837 regarding Business License application referrals, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. 9d. Adoption of Ordinance No. 838 Adopting New Building Regulations M/S: Hickey/Kelley to adopt Ordinance No. 838 by Title only carried by unanimous voice vote. Councilmember Kelley asked when the building regulations were last updated. The Planning Director replied that the latest was in 1982 and is in the process of revision. The regulations for 1984 will appear in 1986. M/S: Hickey/Kelley to adopt Ordinance No. 838 adopting new building regulations, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. 9e. Adoption of Ordinance No. 839 Modifying Noticing Procedures for Property Identification M/S: Hickey/Kelley to adopt Ordinance No. 839 by Title only carried by a unanimous voice vote. M/S: Hickey/Kelley to adopt Ordinance No. 839 modifying the noticing procedures for property identification, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. 9f. Annexation Tax Exchange Resolution - City of Fort Bragg The City Manager reported on a letter received from Fort Bragg City Administrator, Gary Milliman, with two Resolutions. A. Resolution No. 1257 stating that (Paragraph 1) "only property tax revenue is to be exchanged between the County and a City annexing property within its boundaries; and that the County has no legal authority to demand exchange of sales tax, bed tax or other forms of revenue or compensation from a City as a condition of approval of an annexation agreement regarding tax exchange" and (Paragraph 2) that "each incorporated City pass a Resolution authorizing the filing of a Declaratory Relief Action...in the Superior Court of Mendocino County." B. A Resolution of the Redwood Empire Division of the League of California Cities proposing "corrective legislation...specifying that only property tax revenue is to be exchanged between the county and a city annexing property within its boundaries; and that the county has no legal authority to demand exchange of property tax or any other tax based upon sales tax, bed tax or other forms of revenue from a city as a condition of approval of an annexation agreement regarding tax exchange." The City Manager recommended against Paragraph 2 of the Fort Bragg Resolution on the grounds that joining and filing a declaratory relief action in Superior Reg. Mtg. September 5, 1984 Page 2 Court in Mendocino County would not solve the problem; Mendocino County has already expressed that it only wants a property tax exchange, to offset the loss of sales and bed tax. He recommended that the Resolution be adopted to show support for Fort Bragg, but without Paragraph 2. In answer to questions from the City Council, he also recommended that the Council adopt the same Resolution that the Redwood Empire Division of the League of California Cities has adopted, to further show Ukiah's support as one of the drafters of that Resolution and the Council's interest in pursuing the matter at the state level. If adopted by the Resolutions Committee at the Annual League Conference in Anaheim in September, it would come before the floor of the entire Assemblage for a vote with a do-pass recommendation or a do-not-pass recommendation, at which time the City of Ukiah could vote for it. He stressed that achieving action through the League is only one avenue. The Resolution should also be promoted with the local legislators, as it is important to let the local representatives know why this action is needed. Councilmember Kelley moved to adopt Resolution No. 1257, deleting Paragraph No. 2, Page 2, as per Staff's recommendation. When City Attorney David Rapport questioned the affect of non-participation by Ukiah, the Council agreed to withdraw the motion. The City Manager plans to meet with the City Managers of Fort Bragg and Willits on September 12, and will relay any further information he obtains to the City Attorney. M/S: Kelley/Hickey to adopt the Resolution of the Redwood Empire Division of the League of California Cities Regarding Correct Interpretation of Revenue and Taxation Code 999 and Request for Legislative Relief. ("Legislation Relief" in the original Resolution was changed to "Legislative Relief"). The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. PUBLIC HEARING - 7:00 P.M. 8a. General Plan Amendment 1984-B, Orchard/Orr Creek Northeast The Director of Planning reported that the only item in the Amendment is a Land Use Designation Change from high-density residential to commercial; the properties are approximately 6.5 acres located between Orchard Avenue and the freeway north of the Penney's/Pear Tree Center complex. The designation is inconsistent with zoning and the General Plan. Staff recommends that both properties be redesignated to commercial and an initial determination be made by the Council so the Staff has the direction to prepare the Negative Declaration and the Resolution to bring back to the September 19th meeting. PUBLIC HEARING OPENED: 7:05 p.m. No one wished to speak regarding the General Plan Amendment. This matter will be continued to the meeting of September 19, 1984. NEW BUSINESS 10a. Matter of City Clerk The City Manager reported that as of 5 p.m. September 4, 1984, the 63rd day before the Municipal Election, no one had been nominated for the position of City Clerk. He stated the Council may adopt one of the following courses of action: (1) Appoint to the Office of City Clerk any eligible elector in the City of Ukiah, or (2) Hold the election. If appointment is chosen, such appointment must be made prior to September 17, 1984. If the election is to be held, no further action is required. Discussion by the Council questioned whether an appointment would circumvent a person's right to write-in on the ballot. The C~ty Attorney affirmed that if an appointment is made by the 17th, no one can write-in at election and the appointee would serve out the full 4-year term. If no appointment is made now, the City may have to call a special election. Reg. Mtg. September 5, 1984 Page 3 Discussion also approached the possibility of combining the Offices of City Clerk and City Treasurer, or one person running for both Offices. It was agreed the Council would fill the position by appointment at this meeting . Mayor Myers stressed that a major requirement is that the City Clerk must reside within the city limits of Ukiah. The prior arrangement of having the Secretary to the City Manager assume the role of City Clerk was convenient and efficient. The Mayor stated he had contacted Faye McAfee, who takes minutes and does word-processing for the City, and she indicated that she would accept the appointment. Councilmember Kelley nominated Faye McAfee to the position of City Clerk. The public was invited to speak to the issue. Councilmember Hickey moved that the nominations be closed, and the closure was passed by unanimous voice vote. The appointment of Faye McAfee to the position of City Clerk carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley, and Mayor Myers. NOES: None. 10b. Notification of Annexation to Ukiah Valley Fire Protection District The City Manager reported that in ~the matter of the four Vichy Springs Road annexations, the Fire Chief recommends that the bridges be noted as to their carrying capacity, and that there be a wharf hydrant installed at the 2008/2010 driveway. M/S: Hickey/Kelley to adopt the recommendations of the Fire Chief for the annexation to the Ukiah Valley Fire Protection District, carried by unanimous voice vote. 10. Award of Contract - Historical Architectural Resources Study Director of Planning reported that the City received a $15,000 grant from the State of California Office of Historic Preservation to complete a historic/architectural survey of the resources within the City. The City contacted 13 different agencies and received three submittals from: Historic Environment Consultants, Sacramento; Dennis Harris, Healdsburg; and Architectural Resources Group, San Francisco. Staff recommends that a contract be entered into with Historic Environment Consultants from Sacramento, as this firm has the most experience with this type of survey. The cost to the Consultant would be $14,500; $500 would be retained for printing costs that the City would incur. The City's share of the grant is to come out of in-kind services from the ad-hoc committee members, volunteers, and also from the Staff. Staff recommends that City Council authorize the Mayor and the City Clerk to enter into a contract with the Historic Environment Consultants. M/S: Kelley/Kier to authorize the Mayor and City Clerk to enter into a contract with the Historic Environment Consultants of Sacramento, in the amount of $14,500, for a historical survey of the City of Ukiah. The motion carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. 10d. Payroll Warrants and General Warrants 10d. Item 10d was pulled from the Consent Calendar (Items 7a and 7b) Councilmember Henderson questioned the City of Alameda legal fees: The City Manager stated that the five PG&E cities who have somewhat differing positions than all of NCPA, have on retainer an attorney to look out for the cities interest. The attorney bills the City of Alameda, and Alameda bills the City of Ukiah for its portion. Councilmember Henderson also asked about the bulk mailing fee to the Mendocino Grapevine. Reg. Mtg. September 5, 1984 Page 4 It was explained that this was for the mailing of the recreation brochures to make sure it goes throughout the valley. M/S: Henderson/Kelley to approve Payroll and General Warrants, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. 10e. Award of Bid - Construction of Site Preparation, Installation of Conduits and Removal of Existing 12 KV Sub-Station Foundations. Item 10e was pulled from the Consent Calendar (Item 7f). The City Manager referred to objections raised by a contractor regarding the award of bid, and felt the objections should be cleared before voting. The Director of Electric Utilities assured the Council that the 'new developments have not changed staffs recommendation. He reported that the 115 KV Substation is in and is functioning well. Bids for the site work, removal of foundation and installation of conduits were solicited and three bidders responded. The low bid was by Busch Construction in the amount of $16,258.00; the second by Jet Con Enterprises for $92.00 more; and the third bid by Mid-Vall~ey Excavators was extremely high. Jet Con has questioned Busch Construction licenses to perform the work; contending that an A License is required. Mr. Roper talked with the State License Board and they suggested that Busch Construction get a joint-venture license. Mr. Roper stated that both Busch Construction and Jet Con are qualified, and recommended that the contract be awarded to Busch Construction on the basis of low bid, subject to the attainment of a joint-venture license with Cherokee Construction, who has an A License. The contract states that the bidder must have the appropriate licenses. Councilmember Kelley referred to the Business and Professional Codes, Section 7029, which states that a contractor must have the correct license before making a bid. He recommended that the City Manager sign the contract after all the questions of licenses are settled. Ed Busch, 1821 Wildwood Road, Ukiah, stated that he has a B Contractors License, which is to construct foundations or tear them down, or to construct buildings; and a CiO License which Mr. Reed, of the State Contractors' Board, affirms is sufficient for bidding if the subcontractors are listed. Cherokee Construction has an A License to do dirt work and paving. Mr. Busch already has the bond, but because of a technicality in signature by Cherokee Construction, documents must be resigned. Joyce Miller, 1609 S. State, Ukiah, licensed contractor for Cherokee Con- struction Company, verified that she had made a signature error on the bond. M/S: Kelley/Kier to authorize the City Manager to enter an agreement with Busch Construction pending their acquisition of their A license or a letter from the Board verifying their qualification; and if there remains a problem, then to award the bid to Jet Con. The motion carried with the following roll call: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. 11. COMMENTS FROM AUDIENCE Philip Frisbie, 600 Marshall St., Ukiah, asserted that in trading properties with the City five years ago for the Main Street extension, he was given both written and verbal agreements; the written agreements have been satisfied. He indicated the previous administration verbally agreed that the City would finish the sidewalk and curb, and that has not been completed. He continued by indicating since that time the policy has changed and the property owner is now required to put in his own sidewalk and curbs. Reg. Mtg. September 5, 1984 Page 5 The Council recommended that Mr. Frisbie meet with the City Manager to research this matter, and if the problem is not solved through that method, then it could be brought before the Council. 12. CITY COUNCIL REPORTS Councilmember Henderson Reported she will attend the League of California Cities Conference in time to make the committee meeting for the Resolution of the Redwood Empire Division, and will have to miss the Sun House ground-breaking ceremonies. Councilmember Kier Will also leave early for the Conference, missing the Sun House ceremony. Councilmember Hickey Commented that the airport runway looks nice. Councilmember Kelley No comment. Mayor Myers Expressed pride in the Sun House developments. Acknowledged letter of resignation from Roy Brosig announcing his retirement from the position of Director of Finance, effective December 30, 1984. Mayor Myers expressed appreciation for Mr. Brosig's dedication, professionalism and capability in his job. RECESS: 8:03 p.m. RECONVENED: 8:13 p.m. EXECUTIVE SESSION Reconvened into executive session at 8:13 p.m. to discuss attorney/client privilege and personnel. ADJOURNMENT There being no further business, the meeting was adjourned at 9:25 p.m. to September 19, 1984, at 6:30 p.m. Norma Jean Kerr Acting Recording Secretary Reg. Mtg. September 5, 1984 Page 6