HomeMy WebLinkAboutmin 08-01-84MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - August 1, 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, Kelley and Mayor Myers. Absent: None. Staff
present: Payne, Rapport, Pedroncelli, Roper, Schlienger, Yarbrough, Stamelos
and McAfee.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilmember Henderson gave the Invocation and Councilmember Hickey led in
the Pledge of Allegiance.
APPROVAL/CORRECTION OF MINUTES
4a. Regular Meeting, July 18, 1984
M/S: Kelley/Hickey to approve the minutes of the July 18, 1984, regular
meeting as submitted, carried by the following roll call vote: AYES:
Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None.
ABSENT: None.
4b. Bank of America Public Hearing Continued, July 19, 1984
M/S: Hickey/Kelley to approve the minutes of the Bank of America Public
Hearing Continued as amended, carried by the following roll call vote: AYES:
Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None.
ABSENT: None.
4c. Budget and Revenue Sharing Hearings, July 16-17 and 19-20, 1984
M/S: Henderson/Kier to approve the minutes of the Budget and Revenue Sharing
Hearings as amended, carried by the following roll call vote: AYES:
Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None.
ABSENT: None.
RIGHT TO APPEAL DECISION
Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding
the appeal procedure.
CONSENT CALENDAR
Councilmember Hickey requested Item 6b be removed from the Consent Calendar
and placed on the agenda as Item 9h.
Councilmember Kelley requested Item 6e be removed from the Consent Calendar
and placed on the agenda as Item 9i.
M/S: Hickey/Kelley to approve Consent Calendar items 6a, 6c, 6d, 6f and 6g as
follows:
6a. Approved Payroll Warrants #3171 to #3322, $84,185.89
6c. Approved End of Fiscal Year 1983-84 Warrants #26151 to #26296,
$699,900.01
6d. Awarded Contract for delivery of Chlorine and Sulfur Dioxide to Jones
Chemicals, Inc., in the amount of $25,964.70.
6f. Approved Notice of Completion for Drainage Facilities on Cleveland Lane
and Main Street, Spec. No. 84-8; P.O. #17769; Phister Excavating,
Contractor
6g. 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
UNFINISHED BUSINESS
8a. Ordinance No. 830 Adopting 1982 Edition Uniform Fire Code with Amendments
Reg. Mtg.
August 1, 1984
Page 1
The City Manager reported the first reading of Ordinance No. 830 was held July
18, 1984, and is in order for adoption by the Council at this time.
M/S: Kelley/Henderson to adopt Ordinance No. 830 by Title only, carried by a
unanimous voice vote.
M/S: Kelley/Henderson to adopt Ordinance No. 830.
Councilmember Kelley stated, in his opinion, under this Code the Council has
no right to grant a variance of any kind regarding fire hydrants.
Motion carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None.
8b. Resolution Adopting 1984-85 Budget Including Revenue Sharing
The City Manager reported Council met July 16-17 and 19-20, 1984 for review of
the 1984-85 Fiscal Year Budget. The budget is now ready for adoption. He
stated staff would like to thank the Council for the conscientious and
professional manner in which they received this budget thereby establishing
priorities for the next fiscal year.
M/S: Hickey/Kier to adopt Resolution No. 85-13 approving the 1984-85 Fiscal
Year Budget as submitted, carried by the following roll call vote: AYES:
Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None.
ABSENT: None.
8c. Matter of Parking Advisory Commission
The City Manager reported at its last meeting Council requested that contact
be made with each of the Parking Advisory Commission members to determine how
they felt regarding the abolition of the Commission. Based on the comments
received from the four existing members, staff recommended that the City
Attorney be directed to prepare the necessary Ordinance to abolish the Parking
Advisory Commission.
M/S: Kelley/Kier to direct the City Attorney to prepare the necessary
documents to abolish the Parking Advisory Commission, and return these
documents to the City Council for approval, carried by the following roll call
vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers.
NOES: None. ABSENT: None.
Councilmember Kelley felt, due to the concerns addressed in Parking Advisory
Commissioner Gullett's letter, it would be appropriate to refer her letter to
the Planning Commission for review.
M/S: Kelley/Kier to refer Commissioner Gullett's letter to the Planning
Commission for review, carried by a unanimous voice vote.
8d. AFSS Funding and Building Alternatives
1) Ordinance Amending Section 1752 of the City of Ukiah Municipal Code
- "Hotel Room Occupancy Tax"
The City Manager reported at the last regular meeting the Council directed
that the necessary documents be prepared to implement an increase in the
transient occupancy tax from its current 6% to 8%. He reviewed the Ordinance
that would amend Section 1752 of the City of Ukiah Municipal Code. He stated
the effective date of January 1, 1985 would allow the Council flexibility to
remove this Ordinance from its Municipal Code should it determine the
additional funds are not necessary.
M/S: Hickey/Henderson to introduce the Ordinance by Title only, carried by a
unanimous voice vote.
M/S: Henderson/Kelley to introduce the Ordinance amending Section 1752 of the
City of Ukiah Municipal Code, "Hotel Room Occupancy Tax", carried by the
following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey,
Kelley and Mayor Myers. NOES: None. ABSENT: None.
Reg. Mtg.
August 1, 1984
Page 2
37
2) Set Date for Public Hearing - Business License Fee Increase
The City Manager reported the business license fee increase requires a Public
Hearing, and that it be adopted by Resolution. It would be anticipated that
following the Public Hearing the Resolution implementing any proposed change
would be effective July 1, 1985.
M/S: Kelley/Hickey to set the date of August 15, 1984, for a Public Hearing
regarding Business License Fee Increase, carried by the following roll call
vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers.
NOES: None. ABSENT: None.
PUBLIC HEARING - 7:00 P.M.
7a. Use Permit Application No. 84-68 - Relocate Alcohol Rehab Program and
Establish Emergency Housing at 150 Luce Avenue
The Assistant Director of Planning reported the proposal is the relocation of
the Alcohol Rehabilitation Center from Ford Street to 150 Luce Avenue, and
includes the establishment of emergency housing at the Luce Avenue facility.
The Planning Commission approved a variance decreasing by three the number of
off-street parking spaces required, allowing the five parallel spaces along
the building. Staff agrees there is a need for this type of facility but
appreciates the concerns of the property owners relative to open space on the
site, and the 24 hour activity. Staff recommended the Use Permit be denied.
PUBLIC HEARING OPENED: 7:04 p.m.
The following people spoke "in favor of" relocating the Alcohol Rehab Center:
-Mark Rohloff, Executive Director Alcohol Rehabilitation Corporation, 1200 Sanford Ranch Road, Ukiah, CA
-Buddy Eller, Executive Director Community Center, Ukiah, CA-Thom Parducci, property owner at 150 Luce Avenue, 575 Vichy Hills Drive,
Ukiah, CA
The following people spoke "against" relocating the Alcohol Rehab Center:
-Attorney Merle Orchard, representing Ina Philip and Helen Thompson, Ukiah, CA
-Diane Giacomini, 201Luce Avenue, Ukiah, CA
-Al Jones, resident on Luce Avenue since 1969, Ukiah, CA
-Diane Crawford, 1045 South Avenue, Ukiah, CA
-Mark Sparso, 280 Luce Avenue, Ukiah, CA
-Marie Eldridge, 231Luce Avenue, Ukiah, CA
-Burt Moroni, resident on Luce Avenue since 1952, Ukiah, CA
The neighbors voiced concerns regarding the supervision of the facility,
coming and going of unchaperoned program participants and the lack of adequate
outdoor area for the facility tenants.
PUBLIC HEARING CLOSED: 7:44 p.m.
M/S: Kier/Henderson to deny Use Permit Application No. 84-68.
The Council devoted considerable discussion to the need for this type of
facility and the concerns expressed by the neighborhood.
Motion carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None.
RECESS: 7:51 p.m.
RECONVENED: 8:02 p.m.
NEW BUSINESS
9a. Resolution Authorizing Agreement with County of Mendocino Animal Control
Personnel Officer, Janet Schlienger reported a member of the Police Department
and herself met with the County of Mendocino representatives to discuss the
Animal Control Contract services provided by the County for the City of Ukiah.
Staff recommends the City enter into an agreement with the County of Mendocino
Reg. Mtg.
August 1, 1984
Page 3
acknowledging the County provision of domestic animal control services at the
same level as provided to the unincorporated areas, at no additional cost to
the City, and providing the City with the option of providing or contracting
for additional domestic animal control services, should the City so desire.
M/S: Hickey/Kier to adopt Resolution No. 85-14 authorizing the agreement with
the County of Mendocino Animal Control, carried by the following roll call
vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers.
NOES: None. ABSENT: None.
9b. Urgency Ordinance Authorizing County of Mendocino to Enforce Animal
Control Within Corporate Boundaries of the City of Ukiah
Personnel Officer, Janet Schlienger reported the City may adopt this urgency
ordinance requiring the County to provide the same level of service inside the
City limits as is provided in the unincorporated areas.
The City Attorney reported the reason for this agreement is that the County of
Mendocino has reached a legal conclusion that they would have an obligation to
provide Animal Control Services within the City limits, without any cost to
the City for basic services, if the City Council followed the requirements of
the Food and Agriculture Code, which requires the City, if they want this kind
of enforcement from the County within the City limits, to request that certain
sections of the Food and Agriculture Code apply within the City limits in
conformity with the County Ordinance. The rational for doing this on an
urgency basis is the County's extention expires on July 31, 1984.
M/S: Kelley/Hickey to introduce Urgency Ordinance No. 832 by Title only,
carried by a unanimous voice vote.
M/S: Hickey/Henderson to introduce and adopt Urgency Ordinance No. 832 as
submitted, carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None.
9c. Notification of Annexation to Ukiah Valley Fire Protection District
The City Manager reported the City's contract with the Ukiah Valley Fire
Protection District requires the District Board to notify the City Council and
Fire Chief of any new annexation. The City shall consider what impacts, if
any, the proposed annexation may have on the ability of District or City to
provide adequate fire protection. The City received notification from the
District for annexation of 790 acres and 25,000 square feet of structures at
Vichy Springs Mineral Water Corporation on Vichy Springs Road. He reviewed
the three requirements that staff feels should be made a part of the
annexation to the Ukiah Valley Fire Protection District.
M/S: Hickey/Kier to adopt the Fire Chief's recommendations as the City's
position for annexation to the Ukiah Valley Fire Protection District.
Discussion ensued concerning liability, a plan for services being submitted to
LAFCO for review, and availability of manpower and equipment.
Motion carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None.
9d. Authorize Agreement with Sun House Guild
The City Manager reported during budget hearings the Council determined that
they wished to allow the Sun House Guild to utilize those City funds collected
at the City's Sun House property. An agreement has been prepared by the City
Attorney which would authorize the transferring of those donated funds to the
Sun House Guild for their use at the Sun House.
M/S: Hickey/Henderson to adopt Resolution No. 85-15 authorizing the Mayor and
City Clerk to execute an agreement with the Sun House Guild.
Concern was expressed regarding the words "original Sun House" in the
agreement.
Reg. Mtg.
August 1, 1984
Page 4
Friendly Amendment:
In view of the present concerns, with the approval of the maker and the second
of the motion, it was agreed to strike the word original from the agreement.
Motion carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None.
9e. Combustion Turbine Third Phase Agreement and Related Ordinances
The Director of Electric Utility reported on June 28, I984, the NCPA
Commission authorized the NCPA staff to proceed with the necessary financing
documents for the Combustion Turbine Project. This project was originally for
three Combustion Turbines. However, due to the economic advantages of these
combustion turbines, other entities have requested entering into a joint
participation with NCPA. This does not change the City of Ukiah's cost
participation; it merely lowers the City's percentage share depending on the
number of units that are finally built.
The City Manager reported NCPA staff has come to Ukiah and reviewed sites with
the possibility of locating a turbine project in Ukiah. The preliminary
indications are they are interested in this area because one of the sites the
City could possibly make available to them has a high pressure gas line
adjacent to it.
1) Ordinance Approving the Third Phase Agreement
M/S: Kelley/Hickey to introduce the Ordinance approving the Third Phase
Agreement by Title only, carried by a unanimous voice vote.
M/S: Kelley/Hickey to introduce the Ordinance approving the Third Phase
Agreement, carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None.
2) Ordinance Approving the Issuance of "Bonds"
M/S: Kelley/Hickey to introduce the Ordinance approving the issuance of Bonds
by Title only, carried by a unanimous voice vote.
M/S: Kelley/Hickey to introduce the Ordinance approving the issuance of
Bonds, carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None.
3) Ordinance Approving the Issuance of "Notes"
M/S: Kelley/Hickey to introduce the Ordinance approving the issuance of Notes
by Title only, carried by a unanimous voice vote.
M/S: Kelley/Hickey to introduce the Ordinance approving the issuance of
Notes, carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None.
9f. Resolution Approving Memorandum of Understanding with Police "Officers"
Unit
The City Manager reported the Memorandum of Understanding with the Police
Officers Unit is a result of several meet and confer sessions negotiated in
good faith between the City of Ukiah representatives and representatives of
the Ukiah Police Officer Unit. Staff recommended adoption of the Resolution.
M/S: Hickey/Kelley to adopt Resolution No. 85-16 approving the Memorandum of
Understanding with the Police Officer Unit, carried by the following roll call
vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers.
NOES: None. ABSENT: None.
9g. Resolution Approving Memorandum of Understanding with Police
"Supervisory" Unit
The City Manager reported the Memorandum of Understanding with the Police
Supervisory Unit is a result of several meet and confer sessions negotiated in
Reg. Mtg.
August 1, 1984
Page 5
4O
good faith between the City of Ukiah representatives and representatives of
the Ukiah Police Supervisory Unit. Staff recommended adoption of the
Resolution.
M/S: Hickey/Kelley to adopt Resolution No. 85-17 approving the Memorandum of
Understanding with the Police Supervisory Unit, carried by the following roll
call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor
Myers. NOES: None. ABSENT: None.
9h. General Warrants
Councilmember Hickey referred to the General Warrants of August 1, 1984, and
requested clarification of the expenditure for Uniform Allowance.
The City Manager responded that the uniform allowance is different for
different departments and for different purposes. The Police Officers and
Firefighters uniform allowance is greater than those who do not have the same
uniform requirements. The uniform allowance is less for the female employees
who are required to wear uniforms because their uniform requirements are
different.
M/S: Hickey/Kelley to approve General Warrants #26297 to #26420 in the amount
of $625,750.60 carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None.
9i. Notice of Substantial Completion - 115 KV Substation
Councilmember Kelley asked at what point will the City's power from PGandE
become less expensive.
The City Manager responded that effective June 15, 1984, the City started
receiving the 115 KV discount from PGandE and the Western Area Power
Administration.
M/S: Kelley/Hickey to approve the Notice of Substantial Completion - 115 KV
Substation at Gobbi and Orchard Streets; Spec. No. ED83-3-SS; Wismer & Becker,
Contractor, carried by the following roll call vote: AYES: Councilmembers
Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None.
COMMENTS FROM AUDIENCE
No one wished to address the City Council at this time.
CITY COUNCIL REPORTS
Councilmember Henderson
Reported she attended her first MTA meeting.
Councilmember Kier
None
Councilmember Hickey
None
Councilmember Kelley
Reported the Committee regarding review of Charges and Capital Improvement
Fees held their first meeting and staff is gathering information to be
returned to the Committee.
Mayor Myers
Reported he attended the Redwood Empire Municipal Insurance Fund meeting in
Sonoma. The City of Ukiah's past representative, Ira Brannon was acknowledged
for his outstanding work. Ukiah day will be August 19, 1984, at the Giants
Candlestick Park.
Reg. Mtg.
August 1, 1984
Page 6
41
EXECUTIVE SESSION
Adjourned into executive session at 8:59 p.m to discuss attorney/client
privilege.
No action was taken.
ADJOURNMENT
There being no further business, the City Council adjourned at 11:15 p.m.
Faye McAfee
Recording Secretary
Reg. Mtg.
August 1, 1984
Page 7