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HomeMy WebLinkAboutmin 06-06-8401 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - June 6, 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: Feibusch, Dickens, Hickey, Myers and Mayor Kelley. Absent: None. Staff present: Payne, Rapport, Brosig, Pedroncelli, Roper, Yarbrough, Stamelos and McAfee. INVOCATION AND PLEDGE OF ALLEGIANCE Director of Public Works, Robert Pedroncelli gave the Invocation and Councilmember Feibusch led in the Pledge of Allegiance. Councilmember Dickens Reported she has enjoyed being a Councilmember and expressed her thanks to those people who appointed her to the City Council. This being her last meeting, she brought a box of candy for everyone to enjoy. Request for Removal of Agenda Item 9g Councilmember Feibusch requested Item 9g, Resolution for Alternate Financing for FAA Facility, that he placed on the Agenda, be withdrawn. APPROVAL/CORRECTION OF MINUTES M/S: Feibusch/Myers to approve the minutes of May 16, 1984, regular meeting as amended, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None RIGHT TO APPEAL DECISION Mayor Kelley reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. CONSENT CALENDAR Councilmember Feibusch requested Item 6c be removed from the Consent Calendar and be considered as Item 9h. M/S: Myers/Hickey to approve Consent Calendar items 6a, 6b, 6d, 6e, 6f, 6g and 6h as follows: 6a. Approved Payroll Warrants #2577 to #2720, $80,060.49 6b. Approved General Warrants #25803 to #25905, $668,953.23 6d. Approved Amendment to Agreement with the Corps of Engineers for Additional Storage Area 6e. Denied Claim for Damages, Robert Morgan, and Referred to Insurance Carrier 6f. Denied Claim for Damages, Laverne Baker, and Referred to Insurance Carrier 6g. Denied Claim for Damages, Gregory L. Spier, and Referred to Insurance Carrier 6h. Approved Report of Administrative Actions and Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None UNFINISHED BUSINESS 8a. Matter of Administrative Costs for Weed Abatement Program The City Manager reported in response to questions raised by the Council at a previous meeting, staff has estimated the costs for the administrations of the 1983 Weed Abatement Program to be $4,518. Although the actual number of parcels abated in 1983 was 8, the initial list was 271 parcels. Staff recommends continuation of an administrative fee which approximates a cost prorated over ali parcels initially considered for abatement at the time of declaring weeds, rubble, etc., as a public nuisance. Reg. Mtg. June 6, 1984 Page 1 O2 Councilmember Dickens feels it is each persons responsibility to take care of his/her personal property. When said property becomes an administrative problem for the City, and ends up costing the City money because people are not keeping their property safe, then the burden of cost for weed abatement should go to the person who owns the property and not the City. Discussion was held regarding the cost of abatement absorbed by the City; administrative fees administered to every person notified; legal noticing requirements, timing and consistency for required abatement. M/S: Dickens/that there be an administrative fee charged upon the receipt of the second notice to those people contacted pertaining to weed abatement. Concern was expressed regarding how the administrative fee would be collected. The motion failed for the lack of a second. The matter of administrative fee collections for those people who receive second notices, but the actual abatement work does not occur, was referred to the City Attorney. 8b. Report of Restricted and Unrestricted Funds The City Manager reported at a previous Council meeting questions were raised regarding the City's June 30, 1983 ending balances as reported in the financial audit. Director of Finance reviewed a list of cash balances showing the amounts of restricted and unrestricted monies of the City. He reported restricted funds are those which have been set aside or reserved for some specific purpose by either the Council, State or Federal Government. Unrestricted funds can be appropriated by the Council to meet the needs or emergencies of the City. Discussion was had concerning fund balance versus cash accounts. No further action was taken. PUBLIC HEARING - 7:00 P.M. 7a. Resolution Setting Rates for Debris Drop Boxes The City Manager reported Ukiah Solid Wastes System's proposed rate increase for drop boxes is in order. Staff has done an analysis of that information and recommends adoption of the resolution approving the rate increase, with the resolution amended to read Rental Rate Per Day not just Rental Rate. PUBLIC HEARING OPENED: 7:06 p.m. No one wished to speak concerning this issue. PUBLIC HEARING CLOSED: 7:07 p.m. M/S: Feibusch/Hickey to adopt Resolution No. 84-68 as amended, approving the rate increase for drop boxes, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None AYES: None 7b. General Plan Consistency Zone Change No. 84-63, Wabash South The Assistant Director of Planning reported the subject properties were considered during General Plan Amendment 1984-A in which the land use designation was changed from High Density Residential to Commercial. Because the properties are currently zoned R-3, a change of zone to C-N, C-1 or C-2 is necessary for consistency with the General Plan. She explained the Planning Commission has determined there is no proposed development at this time on any of the properties, with the exception of lot No. 85, fronting on Wabash Avenue, where there is a single family dwelling proposed for the future. Staff recommends Council introduce the Ordinance Reg. Mtg. June 6, 1984 Page 2 O3 implementing the zone change from R-3 to C-2 as recommended by the Planning Commission. PUBLIC HEARING OPENED: 7:13 p.m. Attorney Myrna Oglesby, representing the Gerharts, owners of the warehouse and property since 1956, stated the property owners desire is to continue their historic warehousing and heavier commercial uses on the parcels. She also stated she knows of no objections to the area being zoned C-2. Richard Shoemaker, 1379 Beacon Way, Ukiah, CA expressed concern regarding Beacon Way being opened to commercial traffic. PUBLIC HEARING CLOSED: 7:19 p.m. Discussion was had on the uses allowed in the C-I, C-2 and R-3 zones; R-1 residential neighborhoods being semi-protected by the surrounding R-3 zoning; and the effects the zone change would have concerning commercial traffic on Beacon Way. Councilmember Dickens requested the record show the City Council discussed that the neighborhood should be protected from becoming a commercial pathway and future streets not connect with Beacon Lane or Beacon Way. It was determined for future zone changes, Beacon Way be considered as a culdesac and future streets not connect with it. M/S: Myers/Hickey to introduce Ordinance No. 829 by Title only, carried by a unanimous voice vote. M/S: Hickey/Myers to introduce Ordinance No. 829, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None UNFINISHED BUSINESS (Continued) 8c. Policy Resolution for Hometown and Band Review Parades - Police Protection The City Manager reported at their May 16, 1984 meeting the Council acted to provide police protection for the Ukiah Invitational Band Review and Hometown Festival Parades at no charge. The Council specifically stated police protection, but did not address the possibility of City involvement in providing barricades. Though the City has barricades, and has always made them available, their use and distribution by staff are in competition with individual enterprises in the business of providing such devices. Staff has presented two resolutions for Council's consideration. Resolution A includes both police services with available barricades at no charge. Resolution B provides only police services at no charge. M/S: Dickens/Myers to adopt Resolution A (Policy Resolution No. 12) which will provide both police services and available barricades to the Ukiah Invitational Band Review and Hometown Festival Parades at no charge, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None NEW BUSINESS 9a. Award of Bid, Legal Publications 1984-85 Fiscal Year Due to the employment of his brother and a possible conflict of interest regarding the bid award for legal publications, Mayor Kelley turned the gavel over to Vice-Mayor Hickey and excused himself from the Council Chambers. The City Manager reported pursuant to state law, the City has advertised for the contract for Legal Publications for the Fiscal 1984-85 Year. He reviewed the information received from the Ukiah Daily Journal and the Mendocino Grapevine. Reg. Mtg. June 6, 1984 Page 3 O4 Tom Reeves, publisher of the Ukiah Daily Journal stated the bid submitted this year for the first publication is the same as the City is currently paying. He stated the Journal appreciates the City's business. Elizabeth Christian, publisher of the Mendocino Grapevine stated the Grapevine is a completely paid circulation and feels it is a reliable source for the City's legal publications and would appreciate the City's business. Discussion was had concerning encouraging bids from Mendocino County by advertising in both the Journal and the Grapevine, legality of awarding more than one contract, awarding the bid to one and repetition of some articles to the other. In response to the discussion, the City Attorney clarified the matter by explaining the legal requirements are: the City can only award one contract, with one newspaper, for all the City's legal advertisements for a fiscal year. It was noted the Grapevine is a substantial asset to the community. Concern was expressed because the Grapevine is a weekly publication. It was determined the City continue the present policy of contracting with one newspaper, but also advertise the General Plan Hearing dates, and when time permits, bids concerning construction projects in both publications. M/S: Myers/Dickens to award the contract for the City's Legal Publications to the Ukiah Daily Journal, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey and Myers. NOES: None ABSENT: None ABSTAIN: Mayor Kelley. RECESS: 7:50 p.m. RECONVENED: 8:04 p.m. Mayor Kelley returned to the meeting at which time the following action was taken. M/S: Myers/Hickey to advertise the three General Plan Hearing dates, and time permitting (the Mendocino Grapevine being a weekly publication) all contracts and projects in both the Ukiah Daily Journal and the Mendocino Grapevine, carried by a unanimous voice vote. 9b. Set Date of June 12, 1984, 6:30 p.m. for Canvass, Certify Election Results and Install New Mayor and Councilmembers After brief discussion it was determined in order to meet the legal requirements of the Election Code, the City Council meeting must be held on Tuesday, June 12, 1984. Due to a conflict in councilmember schedules it was requested the time be changed to 9:00 a.m. M/S: Hickey/Dickens to set the date of June 12, 1984, 9:00 a.m. for the purpose of canvass, certifying election results and the installation of the newly elected mayor and councilmembers, carried by a unanimous voice vote. 9c. Liquid Oxygen Bid for Lake Mendocino Project Director of Electric Utility reported a liquid oxygen supply is required for the operation of the City's Lake Mendocino Hydro-Electric Project. He explained the liquid oxygen is injected into the turbines so that the dissolved oxygen levels being discharged will be able to support fish life. He explained public bids were solicited and two bids were received at Tudor Engineering Company's offices in San Francisco. Tudor Engineering Company reports neither bid was responsive and recommends both bids be rejected, and that the City negotiate an agreement with the low bidder, Lindy/Union Carbide. Staff has since worked out the details of an acceptable Product Supply Agreement with Lindy/Union Carbide Corporation. Tudor Engineering Company recommends the City proceed with this modified Lindy/Union Carbide proposal. M/S: Hickey/Myers to reject both bids and authorize entering into negotiations with Lindy/Union Carbide for a suitable purchase price. Reg. Mtg. June 6, 1984 Page 4 CUOOC .9- O5 After clarification from the City Manager that the negotiations have already taken place between Lindy/Union Carbide and staff, and that a proposed agreement has been reached, Councilmember Hickey with the approval of the second, modified the motion to read: Modified Motion: To reject both bids and authorize entering into an Oxygen Supply Agreement with Lindy/Union Carbide, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None 9d. Resolution Approving Historical/Architectural Preservation Grant The City Manager reported on January 18, 1984 the Council passed Resolution No. 84-40 authorizing the filing of a grant application for the 1984 Ukiah Historic Preservation Survey and Ordinance Project. The application was successful and the California State Office of Historic Preservation forwarded to the City copies of an agreement allocating the full amount of funds requested, $15,000. He explained the funds will be utilized for securing consultant assistance in the survey, including volunteer training, review of the documented resources and possible ordinance preparation. Staff recommends the City Council adopt the Resolution approving the Historic Survey Project Agreement, accepting the grant funds and authorizing the City Manager to sign the Agreement. M/S: Feibusch/Hickey to adopt Resolution No. 84-65 approving the Historic Survey Project Agreement, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None 9e. Resolution Approving State Contract for Water Audit Leak Detection The City Manager reported at its regular meeting on January 18, 1984 the Council authorized the City Manager to submit an application to the State Department of Water Resources for a grant in the amount of $15,806, to conduct a Water Audit and Leak Detection Program in the City water system. The application was submitted and the State of California has authorized the City the full amount requested. Staff recommends City Council approval of the Resolution which provides for acceptance of the grant offer and authorization for the City Manager to execute the contract on behalf of the City. For clarification, the City Attorney requested amending the last sentence of the Resolution by adding; and any necessary requests for disbursement of funds. M/S: Feibusch/Myers to adopt Resolution No. 84-66, as amended, providing for acceptance of the grant offer from the State Department of Water Resources for a Water Audit and Leak Detection Program. Discussion was held concerning reimbursement of funds to the City, documentation of expended funds and what portion of the project the $15,000 will pay for. Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None 9f. Approval of Removal of Shed on City Owned Sun House Property The City Manager reported the Sun House Guild is getting closer to a ground breaking on the new Museum building for the Sun House Cultural Center. There is an existing small, deteriorated shed on the site that needs to be removed. With the Council's authorization the shed will be removed by volunteers from the Rotary Club at no cost to the City. Staff requested approval from the Council to proceed. M/S: Hickey/Myers to approve the removal of the shed on the Sun House property, carried by a unanimous voice vote. Reg. Mtg. June 6, 1984 Page 5 CUO0020 O6 9h. Award of Bid - Cleveland Avenue Drain Councilmember Feibusch questioned why the engineers estimate was $55,020 and yet the City only budgeted $41,600 for this project. The City Manager responded by explaining the present Public Works Director is not the same engineer who made the estimate, and this may be a factor regarding the amount. In addition, the budget estimate was made in April 1983 and the bids are just now going out. Councilmember Feibusch feels the Engineering Department did not do an adequate job of estimating the project. M/S: Feibusch/Hickey to approve Consent Calendar Item 6c, authorizing the use of $10,000 from the 120-7201 Account budgeted for the Hinds' drain installation for this project, and awarding a contract in the amount of $48,915 to Pfister Excavating Company, carried by a unanimous voice vote. COMMENTS FROM AUDIENCE No one in the audience wished to address the City Council at this time. CITY COUNCIL REPORTS Councilmember Feibusch None Councilmember Dickens Stated she is glad everyone enjoyed the candy. She expressed appreciation for the opportunity to be a part of the City Council. Councilmember Hickey Stated to Marilyn Dickens that he has not only enjoyed getting to know her, but that it has been a pleasure for him to work with her. Councilmember Myers Reported he feels the Hometown Festival was a success and that he enjoyed the Band Review. Mayor Kelley Reported he received a telephone call from the Garden Club and they feel the trees selected for planting in the downtown area are not a good choice. He asked when the Council could expect to receive the 1984/85 Fiscal Year Budget. He expressed concern for lack of consistency from year to year regarding the Budget Hearings. He inquired as to a vacancy in the Electrical Department. The City Manager responded by stating the Budget is normally presented to the City Council in June of each year and will be available to the Council the next day. He explained the vacancy in the Electrical Department is for an Assistant Electrical Distribution Engineer. CLOSED SESSION Adjourned into Closed Session at 8:40 p.m. to discuss litigation. Reconvened into Open Session at 8:50 p.m. at which time the following action was taken: M/S: Dickens/Hickey to authorize the City Attorney to continue representing the City regarding the T. K Mining Company law suit, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None ADJOURNMENT There being no further business, the City Council adjourned at 8:54 p.m. Faye McAfee Recording Secretary Reg. Mtg. June 6, 1984 Page 6