HomeMy WebLinkAboutmin 08-15-84MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - August 15, 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, Hickey and Mayor Myers. Absent: Councilmember Kelley.
Staff present: As Acting City Manager, Police Chief Johnson; Rapport,
Anderson, Goforth, Harris, Pedroncelli, Stamelos and McAfee.
INVOCATION AND PLEDGE OF ALLEGIANCE
Director of Public Works, Robert Pedroncelli delivered the Invocation and
Councilmember Kier led in the Pledge of Allegiance.
APPROVAL/CORRECTION OF MINUTES
M/S: Hickey/Henderson to approve the minutes of the August I, 1984, regular
meeting as amended, carried by the following roll call vote: AYES:
Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT:
Kelley.
Correction of Minutes of Regular Meeting, July 18, 1984
M/S: Hickey/Kier to amend the last two lines of paragraph one, Item 10b, page
9 of the minutes of the July 18, 1984, regular meeting as follows: "and
disposal of said excess property, conditioned with requirements for full-width
street improvements on Orchard Avenue".
PROCLAMATIONS
Mayor Myers proclaimed the following:
1) September 1984, "United Way Month"
2) August 20-26, 1984, "Redwood Empire Fair Week"
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 9a, 9b, 9c, 9d, 9e,
9f and 9g as follows:
9a. Approved Payroll Warrants #3323 to #3473, $82,167.26
9b. Approved General Warrants #26079 to #26547, $593,265.95
9c. Denied Claims for Damages - Terry, Cindy, Klm, Wilma A. and Robert
Bethman; Delores Mickler; Jose and Nadine Martinez - and Referred to
Insurance Carrier
9d. Approved Notice of Completion for Construction of Sun House Restoration,
Contractor: Clark Construction
9e. Awarded Bid for Construction of Building for Pumping Facilities at City
Well #5 to Donald R. Ferranti, in the amount of $5,110 - Contract No.84-4
9f. Awarded Bid for Underground Devices to two suppliers: 1) G. E. Supply in
the amount of $7,674.24 and 2) Maydwell & Hartzell in the amount of
$3,009.07 for a Total Amount of $10,683.31 Including Tax
9g. Approved Report of Administrative Actions and Proposals (R.A.A.P.)
Motion carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Kelly.
UNFINISHED BUSINESS
lla. Resolution No. 85-23 Making Appointment to Airport Commission - Two
Vacancies
Mayor Myers explained two applications have been received. One of the
applicants has expressed a preference to serve on the Parks, Recreation &
Cultural Arts Commission.
Reg. Mtg.
August 15, 1984
Page 1
Councilmember Henderson nominated Wallace Bralich to the Airport Commission.
Wallace Bralich was appointed to the Airport Commission by a unanimous voice
vote.
Council directed the City Clerk to advertise the one remaining vacancy (an
unexpired term, June 30, 1985) on the Airport Commission.
llb. Resolution No. 85-24 Making Appointment to Parks, Recreation and Cultural
Arts Commission - One Vacancy
Councilmember Hickey nominated Richard Shoemaker to the Parks, Recreation and
Cultural Arts Commission.
Richard Shoemaker was appointed to the Parks, Recreation and Cultural Arts
Commission by a unanimous voice vote.
llc. Introduction of Ordinance Abolishing Parking Advisory Commission
Acting City Manager Johnson reviewed the Ordinance abolishing the Parking
Advisory Commission.
Mayor Myers explained because the Ordinance was read in its entirety, the
Council could dispose of its being introduced by title only.
M/S: Hickey/Henderson to introduce the Ordinance abolishing the Parking
Advisory Commission, carried by the following roll call vote: AYES:
Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT:
Kelley.
Ild. Adoption of Ordinance No. 831 Amending Section 1752 of the City of Ukiah
Municipal Code - "Hotel Room Occupancy Tax"
M/S Hickey/Henderson to adopt Ordinance No. 831 by Title only carried by a
unanimous voice vote.
M/S: Hickey/Henderson to adopt Ordinance No. 83I amending Section 1752 of the
City of Ukiah Municipal Code, carried by the following roll call vote: AYES:
Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT:
Kelley.
lle. Combustion Turbine Third Phase Agreement and Related Ordinances
Mayor Myers reported the following three ordinances were introduced at the
last meeting and are now in order for adoption.
1) Adoption of Ordinance No. 833 Approving the Third Phase Agreement
M/S: Hickey/Kier to adopt Ordinance No. 833 by Title only carried by a
unanimous voice vote.
M/S: Hickey/Kier to adopt Ordinance No. 833 approving the Third Phase
Agreement, carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Kelley.
2) Adoption of Ordinance No. 834 Approving Issuance of "Bonds"
M/S: Henderson/Hickey to adopt Ordinance No. 834 by Title only carried by a
unanimous voice vote.
M/S: Henderson/Hickey to adopt Ordinance No. 834 approving issuance of Bonds,
carried by the following roll call vote: AYES: Councilmembers Henderson,
Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Kelley.
3) Adoption of Ordinance No. 835 Approving Issuance of "Notes"
M/S: Hickey/Henderson to adopt Ordinance No. 835 by Title only carried by a
unanimous voice vote.
Reg. Mtg.
August 15, 1984
Page 2
M/S: Hickey/Henderson to adopt Ordinance No. 835 approving the issuance of
Notes, carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Kelley.
NEW BUSINESS
12a. Introduction of Ordinance Regarding Business License Application
Referrals
The Director of Planning reported the current procedure for business license
application provided in the City Municipal Code is not appropriate. From a
practical point-of-view, the Finance Department should be handling the
distribution of the business licenses. The proposal is to modify the
regulations to reflect this while maintaining review by all necessary
departments. The subject Ordinance will modify the Code to: 1) relocate the
application section from the Building Regulations to the business license
sector of the Code, and 2) place the responsibility for application
distribution with the Director of Finance rather than the Building Official.
M/S: Hickey/Henderson to introduce the Ordinance by Title only carried by a
unanimous voice vote.
M/S: Hickey/Kier to introduce the Ordinance regarding business license
application referrals, carried by the following roll call vote: AYES:
Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT:
Kelley.
12b. Introduction of Ordinance Adopting New Building Regulations
The Director of Planning reported every three to four years the regulations
utilized by the City to determine safe and appropriate building activities are
proposed for revisions. There is no increase in fees or charges included in
the adoption of these new codes. The new codes have been printed with the
necessary changes and staff recommends adoption. The codes include:
-Uniform Building Code 1982 edition, including the Appendix thereto.
-Uniform Building Code Standards, 1982 edition.
-Uniform Housing Code, 1982 edition.
-Uniform Code for the abatement of Dangerous Building, I982 edition.
-Uniform Plumbing Code, 1982 edition, including the Appendix and standards
thereto.
-Uniform Mechanical Code, 1982 edition, including the Appendix thereto.
-Uniform Electrical Code, 1979 edition.
-National Electrical Code, 1984 edition.
M/S: Hickey/Henderson to introduce the Ordinance by Title only carried by a
unanimous voice vote.
M/S: Hickey/Kier to introduce the Ordinance adopting new building
regulations.
Discussion was had regarding typographical errors in the Ordinance, why the
need for two electrical codes, keeping the identity and preservation of the
older homes and why the City of Ukiah should be exempt from compliance of
these codes.
Motion carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Kelley.
PUBLIC HEARING - 7:00 P.M.
10a. Business License Fee Increase
Acting City Manager Johnson reported pursuant to Section 2156 of the City of
Ukiah Municipal Code, the adoption of Resolution No. 85-18 would amend
business license fee rates.
The City Attorney reported the City Council adopted Resolution No. 74-61
establishing rates for business license fees pursuant to Section 2152 of the
Reg. Mtg.
August 15, 1984
Page 3
City of Ukiah Municipal Code. If the purposed Resolution No. 85-18 is
adopted, it would amend Section 2152 of the City of Ukiah Municipal Code, and
it would become effective July 1, 1985 unless earlier repealed.
PUBLIC HEARING OPENED: 7:17 p.m.
Jim Smith, owner of Cox Motors, Ukiah, CA stated he realizes this increase
will not go into effect unless the FAA building is located in Ukiah. He
stated when he joined the Downtown Beautification Program he was assured that
the business license fee would not be increased. He requested clarification
regarding the business license fee increase affecting the members of the
Downtown Beautification Program. He also asked for clarification regarding
the possibility of the people who started the Downtown Beautification program
disbanding the program.
The City Attorney responded that the business license fee increase would
affect the initial business license but would not affect the Downtown
Beautification Program fees. He explained that if it was a Resolution that
established the surcharge for the Downtown Beautification Program, any member
of the public can request it be put on the Council agenda; at which time the
Council could consider appealing the old Resolution or adopting a new one.
PUBLIC HEARING CLOSED: 7:21 p.m.
M/S: Henderson/Hickey to adopt Resolution No. 85-18 amending business license
fees.
Discussion was had by the Council concerning the business license fee
increase. It was pointed out that a vote in favor of the motion would, in a
positive way, say that the City is accepting financial responsibility because
if the necessary funding is not raised, it would be up to the City of Ukiah to
see that the finances are forthcoming.
The motion carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Kelley.
10b. Water Rate Increase
The Director of Public Works reported during the 1984-85 budget hearing the
Council was advised of the declining financial condition of the Water Fund and
the obvious need to increase rates to offset this decline.
The Deputy Director of Public Works reported the proposed increase of $2.00
inside City limits, and $4.00 outside City limits is the minimum amount
necessary to bring the Water Fund back to an acceptable financial condition so
as to maintain current levels of service. It is not expected to be sufficient
to restore contingency reserves to previous levels, nor will it provide for
other routine expenditures or system upgrading. Staff recommended the Council
adopt the Resolution authorizing the revised schedule of water rates with an
effective date of September 1, 1984.
PUBLIC HEARING OPENED: 7:43 p.m.
No one wished to speak regarding the proposed water rate increase.
PUBLIC HEARING CLOSED: 7:44 p.m.
M/S: Henderson/Hickey to adopt Resolution No. 85-19 authorizing the water
rate increase.
Amendment
For the purpose of clarification, with the approval of the maker and the
second of the motion, it was agreed to strike the words: "be, and, the, same
are hereby" from the first paragraph of Resolution No 85-19.
The motion carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Kelley.
RECESS: 7:47 p.m.
RECONVENED: 8:02 p.m.
Reg. Mtg.
August 15, 1984
Page 4
10c. Proposed Cooperation Agreement with the Housing Authority of Mendocino
County
1) Resolution No. 85-20 Authorizing Signing of Agreement and Filing of
Application
Acting City Manager Johnson reported pursuant to a request by the Community
Development Commission of Mendocino County, the matter of a Cooperation
Agreement is before the Council for Public Hearing. He reviewed the proposed
Agreement. Staff recommended the Council adopt the Resolution authorizing the
signing of the Agreement and filing of the application.
PUBLIC HEARING OPENED: 8:04 p.m.
Rebecca Jondahl, Community Development Center, Ukiah, CA stated she was
available to answer questions regarding the Cooperation Agreement.
PUBLIC HEARING CLOSED: 8:06 p.m.
The City Attorney reported an opinion was requested on the validity of the
City wide General Municipal Election held on June 8, 1982, at which time the
City electors approved Measure "C" authorizing the City of Ukiah to assist or
participate with other State and or public bodies in the development,
construction or acquisition of not more than 100 units of housing for the
elderly, disabled, handicapped, and for other low income families pursuant to
Article XXXIV of the California State Constitution. He explained the
Cooperation Agreement will.obligate the City to exempt the low income housing
project from real and personal property taxes. In lieu of that the Housing
Authority is obligated to pay up to 5% of the rental charges for the project
as an in lieu tax.
He stated he has reviewed all available City records pertaining to the June 8,
1982 election and in his opinion the action taken by the City Council of the
City of Ukiah in placing Measure "C" before the electors was proper and valid.
He stated he had examined all resolutions adopted by the City Council of the
City of Ukiah in connection with said election and in his opinion these
resolutions are in proper form, were validly adopted and are in accordance
with statutory requirements.
M/S: Hickey/Henderson to adopt Resolution No. 85-20 authorizing the signing
of the Cooperation Agreement and filing of the application, carried by the
following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and
Mayor Myers. NOES: None. ABSENT: Kelley.
I0d. General Plan Amendment 1984-AA
The Director of Planning reported at the meeting of July 18, 1984, the Council
conducted the initial public hearing for the General Plan Amendment 1984-AA.
The Talmage Road North land use change area and the Housing Element are the
two items to be considered. The preliminary indication of the Council was to
change the land use designation from Agriculture to Commercial. The area
includes the one acre property of the "Lighting Center" and two acres of
residential.
Regarding the Emergency Housing Task Force, staff reiterated there are more
appropriate agencies in the community to take the leadership role to implement
applicable programs. Staff recommended the Council continue it's support of
emergency housing efforts but rely on those designated agencies to establish
any necessary task forces.
PUBLIC HEARING CONTINUED FROM REGULAR MEETING OF JULY 18, 1984: 8:15 p.m.
Land Use Change - Talmage Road North
Tom Caldwell, property owner on Talmage Road for 27 years, requested
annexation to the City of Ukiah.
Housing Element
Roy Tindle, member of the Emergency Housing Task Force, 610 Holden Street,
Ukiah, CA stated he would like to see more recognition of the existing
Reg. Mtg.
August 15, 1984
Page 5
47
Emergency Housing Task Force, and that a member of the City Council take an
active part in that group.
PUBLIC HEARING CLOSED: 8:2 p.m.
1) Resolution No. 85-21 and Negative Declaration for Land Use Change
M/S: Hickey/Henderson to find the Negative Declaration adequate and complete
for the Talmage Road North Land Use Change, carried by the following roll call
vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES:
None. ABSENT: Kelley.
M/S: Hickey Henderson to adopt Resolution No. 85-21 authorizing the Talmage
Road North Land Use Change, carried by the following roll call vote: AYES:
Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT:
Kelley.
2) Resolution No. 85-22 and Negative Declaration for Housing Element
M/S: Henderson/Hickey to find the Negative Declaration for the Housing
Element adequate and complete, carried by the following roll call vote: AYES:
Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT:
Kelley.
M/S: Hickey/Kier to adopt Resolution No. 85-22 as amended keeping the
original pages 15 and 23 authorizing the Housing Element.
Extensive discussion was had regarding Council's support of, but not becoming
an active leader of, the Emergency Housing Task Force; and City Council
becoming a part of the site selection process.
The motion carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier and Hickey. NOES: Mayor Myers. ABSENT: Kelley.
NEW BUSINESS (Continued)
12c. Introduction of Ordinance Modifying Noticing Procedures for Property
Identification
The Director of Planning reported that currently the City of Ukiah Municipal
Code requires that properties to be notified for certain building regulation
processes be identified by lot and block numbers. This is a very cumbersome
method and in some instances actually cannot be implemented because the
numbers are not available. The proposal im to amend the Code so that street
addresses and assessor parcel numbers are used. Staff feels this is a much
more efficient and understandable process. Staff recommended modifying
noticing procedures for property identification.
M/S: Hickey/Henderson to introduce the Ordinance by title only, carried by a
unanimous voice vote.
M/S: Hickey/Henderson to introduce the Ordinance modifying procedures for
property identification, carried by the following roll call vote: AYES:
Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT:
Kelley.
12d. Authorize Mayor and City Clerk to Sign Agreement with Chamber of Commerce
for Promotional Activities 1984-85 Fiscal Year
The Acting City Manager reported during the budget discussions the City
Council allocated $19,500 for the fiscal 1984-85 budget for promotional
activities of the City of Ukiah. The written part of the proposed 1984-85
contract is identical to previous years contracts with the exception that the
payment schedule has been altered to allow for a quarterly payment to the
Chamber of Commerce per their request. Staff recommended the Council
authorize the Mayor and City Clerk to execute the Agreement with the Chamber
of Commerce for promotional activities during the 1984-85 fiscal year.
Reg. Mtg.
August 15, 1984
Page 6
~/S: Hickey/Henderson to authorize the Mayor and City Clerk to sign the
Agreement with the Chamber of Commerce for promotional activities for the
1984-85 fiscal year, carried by the following roll call vote: AYES:
Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT:
Kelley.
12e. Resolution No. 85-25 Approving Lease Agreement with FAA for Instrument
Landing System Marker
The Director of Public Works reported due to past problems with the present
instrument landing system at the Airport, the Federal Aviation Administration
would like to install a Non-directional Radio Beacon in the area of Main
Street and Marshall Street. The City purchases of right-of-way for the Main
Street extension, Mill to Gobbi, has resulted in a narrow excess piece of
property adjacent to, and west of, Main Street just south of Marshall Street.
The southerly portion of the narrow strip is in a suitable location for the
proposed FAA Beacon. Staff recommended the Council adopt Resolution No. 85-25
authorizing the City Manager to execute a Lease Agreement with the Federal
Aviation Administration for the site to be used for the installation of a
Non-directional Radio Beacon as a part of the present Instrument Landing
System at the Airport.
M/S: Hickey/Kier to adopt Resolution No. 85-25 authorizing the City Manager
to execute a Lease Agreement with the Federal Aviation Administration for the
Instrument Landing System Marker, carried by the following roll call vote:
AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None.
ABSENT: Kelley.
COMMENTS FROM AUDIENCE
No one wished to address the City Council at this time.
CITY COUNCIL REPORTS
Councilmember Henderson
Reported the Sun House Guild has inquired as to the status of the negotiations
with Pete Sterns regarding the utility easements.
The City Attorney reported the City of Ukiah has formulated a proposal to Mr.
Sterns, via letter. He has been given a deadline by which to respond.
Councilmember Kier
Reported he still has 18 seats available on the bus to the Mets game Sunday,
August 19, 1984.
Councilmember Hickey
Reported last Saturday Mayor Myers, Councilmember Henderson and himself
attended the quarterly meeting of the Redwood Empire Division of the League of
California Cities in Fort Bragg. An informative discussion was had regarding
equal pay for equal work versus the comparable worth concept.
Mayor Myers
Echoed Councilmember Hickey's report and reported he found the meeting to be
very worthwhile.
Mayor Myers thanked Police Chief Johnson for his participation as Acting City
Manager during the City Council meeting.
EXECUTIVE SESSION
Adjourned into executive session at 9:00 p.m. to discuss personnel matters.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:55 p.m. to
August 29, 1984, at 6:30 p.m. for City Council Goal Setting Session and an
executive session for employee/employer relation matters.
Faye McAfee
Recording Secretary
Reg. Mtg.
August 15, 1984
Page 7