Loading...
HomeMy WebLinkAboutmin 05-16-84488 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - May 16, 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, Frame, Harris, Pedroncelli, Schlienger, Stamelos and McAfee. INVOCATION AND PLEDGE OF ALLEGIANCE Director of Public Works, Robert Pedroncelli gave the Invocation and Mayor Kelley led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Hickey/Myers to approve the minutes of April 25, 1984, 5:30 p.m., special session as presented, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None M/S: Hickey/Myers to approve the minutes of April 25, 1984, 6:30 p.m., special session as presented, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None M/S: Hickey/Myers to approve the minutes of the May 2, 1984, regular meeting as presented, carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey, Myers and Mayor Kelley. NOES: None ABSTAIN: Dickens ABSENT: None RIGHT TO APPEAL DECISION Mayor Kelley reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. CONSENT CALENDAR M/S: Feibusch/Hickey to approve Consent Calendar items 6a, 6b, 6c, 6d, 6e and 6f as follows: 6a. Approved Payroll Warrants #2433 to #2576, $80,353.79 6b. Approved General Warrants #25650 to #25662, $679,030.00 6c. Awarded Bid in the Amount of $98,000 to Parnum Paving, Inc., for Placing Asphalt Concrete Surfacing on City Streets 6d. Denied Claim for Damages, Steve Geiger, and Referred to Insurance Carrier 6e. Adopted Resolution No. 84-59 Approving a One Year Extention of Tentative Subdivision Map - South Oak Condominiums 6f. 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 PETITIONS AND COMMUNICATIONS 8a. Annexation Request - Caldwell Paving Company The City Manager reported the City has received a letter from Caldwell Paving Company requesting annexation of Mr. Caldwell's one acre parcel (parcel #6 of the Assessor parcel map) to the City of Ukiah. He explained the property is located on the north side of Talmage Road on the east side of the freeway. The area is County General Planned and zoned Agriculture-40 acre minimum, Flood Plain. The City's General Plan designation of the property is Agriculture. The property is currently developed with a converted single family residence used for commercial retail as the "Lighting Center". The property owner desires a Commercial designation and C-1 zoning. Reg. Mtg. May 16, 1984 Page 1 489 Director of Planning reported the annexation process requires pre-zoning, Council resolution authorizing application to the Local Agency Formation Commission (LAFCO) and public hearings by LAFCO and the City Council. Council authorization is necessary to commence the annexation process. M/S: Feibusch/Hickey to instruct staff to make the preliminary preparations to proceed with the application for annexation process for parcel #6 of the Assessor parcel map to LAFCO and other agencies. Discussion was had concerning location of water, sewer and electrical service; extention of the City limits; the west side annexation policy; cost incurred by the City; and the City's responsibility for upkeep of Talmage Road. Amendment to Motion: The maker of the motion with the approval of the second requested the motion be amended to include parcels #7 and #8 of the Assessor parcel map. If parcels #7 and #8 cannot be included, staff can proceed with #6 alone. The motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None 8b. Resignation of Ira Brannon, REMIF Representative - Effective June 6, 1984 The City Manager reported the City has received a letter of resignation (effective June 6, 1984) from Ira Brannon, the City Council's representative on the Redwood Empire Municipal Insurance Fund Joint Powers Agency. He suggested Council authorize a Certificate of Appreciation to Mr. Brannon and place this matter on the Agenda for further discussion following the municipal election in June, when the new Council will be seated. M/S: to place this matter on the Agenda the first meeting after the municipal election in June when the new Council is seated, carried by a unanimous voice vote. 8c. Letter Regarding Domestic Animal Control Contract 1984-85 The City Manager reported the City has received a letter from the County of Mendocino regarding the City's domestic animal control services contract which expires June 30, 1984. He explained the County of Mendocino has indicated the basic cost of the service to the City is $26.17 per hour and they have provided 1,418 hours of service for a total of $37,109 worth of service for the calendar year 1983. He explained the three options which the County had made available to the City regarding animal control services. He stated an additional option may be available as there might be other agencies in the Ukiah area that would be willing to undertake animal control services within the City. Discussion was had concerning complaints of the present service being inadequate; need for service to be improved; and the animal owners who create the need should pay for the service via licensing and/or fines. Staff was directed to contact other agencies regarding provision of domestic animal control on a contract basis. 8d. Letter Re~ardin~ Ukiah Band Booster - Band Review The City Manager reported the City has received a letter from Elsie Nielson representing the Band Boosters, regarding the Ukiah Chamber of Commerce allocation of funds for the Ukiah Invitational Band Review. Elsie Nielson, 980 Saint Francis, Ukiah, CA 95482 reviewed the costs incurred, and what the revenues from fund raising have been by the Ukiah High Band Boosters. She explained the Band Review is not receiving any monies from the Hometown Festival budget, but the Chamber has offered the Band Boosters $520 to pay for police protection at the festivities and she feels this amount will Reg. Mtg. May 16, 1984 Page 2 49O not be adequate. She requested Council cause police protection to be a part of the budget and allocate $1,000 as a line item in the Chamber budget for the Band Review. Councilmember Myers stated he feels it is not appropriate for the City to get involved in the issue of expense as it relates to the cost of judges. The City should provide the necessary resources (police protection at the parades) and support activities such as the Band Review and the Hometown Festival as they are a source of tourism and revenue to the City. The City Manager reported he has talked to Police Chief Johnson and Lieutenant Keplinger and they feel there will not be charges this year to the Band Review Parade for police overtime as police reserves and cadets will be used. He explained the $520 that was allocated for police protection in the Chamber budget can be used for whatever purposes the Band Boosters desire. Councilmember Dickens suggested to prevent any further problems the money be paid directly to the Band Boosters and not be put in the Chamber budget. She feels this support should become City policy and not have to be decided year to year. M/S: Myers/Hickey as a City policy provide police protection supplied by the City of Ukiah, at no cost from this day forward to the Ukiah Invitational Band Review; the Band Boosters receive $520 through the Chamber of Commerce budget; and any further discussion of budgetry allocations should be reviewed at budget time. Councilmember Dickens requested Mrs. Nielson be contacted when this matter is discussed at budget time. Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None Councilmember Dickens asked if the policy was to also include the Hometown Festival. After discussion it was determined both the Ukiah Invitational Band Review and the Hometown Festival are major events in the City. The events promote tourism and revenue and a policy resolution should be prepared so it is understood police protection will be provided, at no charge, by the City of Ukiah for both events. PUBLIC HEARING - 7:30 P.M. 7a. Abatement of Weeds and Rubble on Private Property Director of Public Works reported Council, at their meeting of April 18, 1984, adopted Resolution No. 84-56 declaring weeds, rubbish, refuse and dirt upon private property to be a public nuisance and setting May 16, 1984 as the date for a public hearing to hear objections from property owners to ordering the abatement of weeds and rubble upon private property to be performed. He explained staff will be receiving bids in June for the abatement work. Staff recommended Council adopt the resolution ordering the abatement of weeds, rubbish, refuse and dirt upon properties within the City of Ukiah. PUBLIC HEARING OPENED 7:34 p.m. No one wished to speak to the City Council concerning abatement of weeds and rubble on private property. PUBLIC HEARING CLOSED 7:35 p.m. M/S: Myers/Hickey to adopt Resolution No. 84-62 directing the abatement of weeds, rubbish, refuse and dirt from certain parcels of land within the City of Ukiah. Reg. Mtg. May 16, 1984 Page 3 491 Councilmember Feibusch reported there are weeds on the Federal Government property between Observatory and Luce Streets and requested it be added to the existing list. Councilmember Dickens expressed concern regarding the cost of abatement absorbed by the City and asked if an administrative fee is being charged to every person that was noticed. In response to the question, the City Manager explained an administrative fee is being charged only to those people that require the City to do the work. After lengthy discussion it was determined the matter of administrative cost for the abatement of weeds and rubble be put on the agenda for discussion at the next regular meeting. The motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None RECESS: 7:45 p.m. RECONVENED: 7:57 p.m. 8e. Letter from "Citizen's for FAA and Jobs" Committee Proposing a Resolution Regarding Sales Tax The City Manager reported the City of Ukiah has received a letter and proposed resolution from the Citizen's for FAA and Jobs Committee. Ken Fowler, 1080 N. State Street, Ukiah, CA representing the Citizen's for FAA and Jobs Committee explained the Committee has adopted the tax resolution as a means of spreading the effect of the tax out to the community outside the City limits of Ukiah. He reviewed the resolution by explaining these increased revenues would be drawn upon to offset the taxation proposed in Measure "C" to a maximum of $60,000 annually. He stated the Committee feels that by utilizing sales tax revenues, individuals who reside outside the City will be contributing to the project through their purchasing power; thus, financially relieving Ukiah property owners. He stated the Committee also feels that the overall benefits from acquiring the FAA facility far outweigh the disadvantages, and Ukiah must focus its attention on the job of convincing the FAA to locate here through total community commitment and effort. Councilmember Feibusch reported he has reviewed the proposed resolution and met with Mr. Fowler regarding this matter. He continued by reading the following prepared statement into the record: "I would like to make it absolutely clear that I am very much in favor of having the FAA establish in Ukiah. As I have pointed out repeatedly and stated in the ballot argument against Measure C, my objection is the financing method. The ordinance adopted by the City Council on February 1st, subject to approval by the electorate, provides that a residential unit on the lower end of the scale has as much as a 78% annual tax increase, whereas the owner of a mansion on Maple Avenue has only 1.4% tax increase. This is totally inequitable and unfair. The new proposal by the citizens group advocating FAA and Jobs makes the proposal somewhat more palatable, since it uses sales tax to partially pay for the capital investment, but reducing the dollar amount per benefit unit is still unfair and inequitable. I would like to propose another solution to the financing of the FAA facilities: The City of Ukiah, according to the last audit report, has over four million dollars in time certificate deposits sitting in the banks. I would propose Reg. Mtg. May 16, 1984 Page 4 492 that we finance the facility from these reserves and replenish the money including interest from sales tax increases that will be generated by the business upswing due to FAA location here. I will follow up this proposal with a motion to introduce a resolution to this effect at the June 6th meeting, whether Measure C passes or not. Furthermore, I will again personally pledge $2,500 towards the capital investment of the facilities and since the business community inside and outside the City limits will greatly benefit from the FAA relocation here in Ukiah, I hope that the many beneficiaries from this project will also contribute what they can, thereby reducing the obligation of the City without burdening the property taxpayers." Councilmember Dickens stated she is in support of the proposal from the Citizen's for FAA and Jobs. She feels it is very important the City maintains its reserves. Councilmember Hickey explained a lot of the money thats on time deposits, by law or for other reasons, is dedicated for certain usage and cannot be used for this particular purpose. Councilmember Myers stated the proposed resolution from the Citizen's for FAA and Jobs is a way the tax bite for the citizens of Ukiah can be reduced. It should be understood that the General Fund is not going to be subsidizing any part of it, and it would be on the actual gained revenue from the sales tax incurred by the City of Ukiah with the fact that the FAA resided here. M/S: Hickey/Dickens to adopt the proposed resolution submitted by the Citizen's for FAA and Jobs, carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers and Mayor Kelley. NOES: Councilmember Feibusch. ABSENT: None After discussion concerning the City's time deposits, Council instructed staff to compile a report pertaining to City funds. UNFINISHED BUSINESS 9a. Appointment of City Treasurer This appointment is to fill the unexpired term of Lyell Cash who recently resigned. The City Manager reported the Personnel Department has advertised for the position of City Treasurer, at the current rate of $325 per month, to be filled by Council appointment on an interim basis until after the June 5, 1984 election. The time involved for this position is approximately two hours per day, Monday through Friday. The following nominations were made for the position of City Treasurer: Feibusch/passed Dickens//passed Hickey/Robert Ranochak Myers/passed Mayor Kelley/passed Mr. Robert Ranochak was appointed City Treasurer by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None 9b. Appointment of Planning Commissioner This appointment is to fill the unexpired term of Guy Velardi (June 30, 1986) who recently resigned. Reg. Mtg. May 16, 1984 Page 5 493 The following nominations were made for the position of Planning Commissioner: Feibusch/Ernest Olson Dickens/Thomas Mason Hickey/Norm McLean Myers/passed Mayor Kelley/passed Mr. Thomas Mason was appointed Planning Commissioner by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Myers and Mayor Kelley. NOES: Councilmember Hickey. ABSENT: None 9c. Adoption of Ordinance No. 828, Zoning Code Amendment - Resident Managers/ Security Personnel Housing in the C-2 and M Zones The City Manager reported the first reading of Ordinance No. 828 was at the last regular meeting of the City Council. M/S: Hickey/Myers to adopt Ordinance No. 828 by Title only carried by a unanimous voice vote. M/S: Hickey/Myers to adopt Ordinance No. 828 carried by the following roll call vote: AYES: Councilmember Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None 9d. Discussion of General Plan Hearing Dates The Planning Director, in response to concern expressed at a previous Council meeting regarding the various times each year the General Plan is to be considered, reported in 1981 Policy Resolution No. 6 was adopted identifying the procedure for three amendments per year: (1) outlining when the applications must be received, (2) when the public hearings will be held by the Planning Commission, and (3) when the public hearings will be held by the City Council. Councilmember Dickens stated she has researched the issue and received pros and cons from different cities and is satisfied with the City's Policy. The City Manager reported (effective January 1, 1984) state law was changed to permit four General Plan Amendment changes. Staff has not recommended Council alter their General Plan Hearing Dates to four as this gives Council flexibility. No further action was taken concerning this matter. NEW BUSINESS 10a. Resolution Revising Fees for Planning and Zoning Activities The Planning Director reported at the meeting of April 18, 1984 the Council authorized the return of the fees associated with a requested General Plan Amendment and by minute order action at their May 2, 1984 meeting, initiated a zone change for consistency with the General Plan. He explained the change from the existing fee structure is merely a statement that the zone change required for General Plan consistency is included in the amendment fee. He explained rather than a resolution stating only the single change, a complete new fee resolution is proposed to maintain all pertinent information in one document. Staff believes the change is appropriate and recommends adoption of the proposed resolution. M/S: Hickey/Myers to adopt Resolution No. 84-60, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None Reg. Mtg. May 16, 1984 Page 6 494 10b. Preliminary Information Regarding Inventory of City Property Director of Planning reviewed a list and map of City owned properties. He requested Council determine which properties are of interest and if more information is desired direct staff in that regard. He explained that the "Main Street Extension/Marshall Street" and "Gobbi Street Substation" areas include property which will be surplus when the projects are completed. Staff will be bringing the applicable parcels to the Council within this calendar year for Council's determination of appropriate disposition. Mayor Kelley inquired about the Vineyard View/Bush Street Road. Director of Planning explained the property at Vineyard View/Bush Street Road was purchased from Bobby Kennedy. Staff was directed to compile a more detailed analysis concerning the Orr Creek/Oak Street parcel and Fish Hatchery property. No other action was taken. 10c. Matter of July 4, 1984 Council Meeting The City Manager reported the first Council meeting in July falls upon a holiday. He explained staff is bringing this matter to Council's attention to see if they wish to reschedule their July 4th meeting to a date that might be more appropriate. Due to the many items before the City Council, it was determined a meeting is necessary and set July 5, 1984, 6:30 p.m. as an alternate date. 10d. Approval of Tree Planting Project by Downtown Merchants Association Director of Recreation and Parks reported Jim Lohr and Bruce Poma of the Downtown Merchants Association have requested permission from the City to plant trees in the downtown area. He explained staff has met with Mr. Lohr and Mr. Poma and after extensive research recommends two kinds of trees to be planted (Silver Dollar Gum Eucalyptus and Holly Oak). In order for this project to commence the Street Department will be asked to make sidewalk cuts in preparation for the tree planting. Public Works estimates an approximate cost of $300 in labor and saw rental fees. He stated this project will help add to the beautification of the downtown area and recommends approval. Concern was expressed regarding maintenance, deep root watering, breakage of sidewalks, and the cleanup of leaves and debris from the trees. M/S: Myers/Hickey to approve the tree planting project for downtown Ukiah, carried by a unanimous voice vote. 10e. Matter of Golf Pro Contract The City Manager reported an agreement between the City of Ukiah and Stephen C. Frye the Golf Pro at the City's municipal golf course is expiring on June 1, 1984. He reported the terms of a new agreement could be negotiated and approved by the Council in order to provide a continuation of the services of Stephen Frye. He explained staff is not asking Council to take action on this matter at this time but the matter should be discussed. Councilmember Feibusch expressed concern regarding why the Driving Range is excluded from the required insurance coverage. No other action was taken. Reg. Mtg. May 16, 1984 Page 7 495 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 Reported MTA has requested the Council appoint a replacement for her as soon as possible. She also reported nothing has happened with her appointment to the Historical Board. She is also a member of the Fire Department Ad Hoc Committee and does not know if their contract will be finalized before she leaves office. She expressed the importance of having representation at these committees and boards. Mayor Kelley requested the Councilmembers submit a list of the committees and boards they are involved with. Councilmember Hickey None CouncilmemberMyers Requested the City flags be placed at half-mast during the time of bereavement of the family of Walter Sandelin who died May 15, 1984. After discussion it was determined, in memory of Walter Sandelin and family, the City flags will be placed at half-mast until the day after the Memorial Service which is scheduled for Wednesday, May 23, 1984. Mayor Kelley Reported Group W Cable is putting the Walt Disney Station over the air and Mickey Mouse will be in the City of Ukiah during this time. He explained Group W wants to present the keys to the City to Mickey Mouse. After discussion it was determined Mayor Kelley is to present the keys to the City of Ukiah to Mickey Mouse. Mayor Kelley reported he and the City Manager met with the Sheriff, Chief of Police and a representative from the State regarding the Mendocino County Drug Task Force. There was concern in putting the Task Force together before July 1984. The amount of money that is being asked for is a budget item. RECESS: 8:58 p.m. RECONVENED: 9:09 p.m. CLOSED SESSION Reconvened from recess into Closed Session at 9:09 p.m. to discuss pending litigation and employee/employer relations. Reconvened into Open Session at I1:10 p.m. at which time the following action was taken. M/S: Hickey/Feibusch to authorize the Mayor and the City Clerk to sign a new contract with Golf Pro, Stephen Frye and offer said contract to Mr. Frye, carried by the following roll call vote: AYES: Councilmember Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None ADJOURNMENT There being no further business, the City Council adjourned at 11:12 p.m. Faye McAfee Recording Secretary Reg. Mtg. May 16, 1984 Page 8