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HomeMy WebLinkAboutmin 02-15-84447 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - FEBRUARY 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: Feibusch, Dickens, Hickey, Myers, and Mayor Kelley. Staff present: Payne, Rapport, Harris, Pedroncelli, Roper, Stamelos, and McAfee. INVOCATION AND PLEDGE OF ALLEGIANCE City Manager, Kent Payne gave the Invocation and Boy Scout Kelly Silver led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Feibusch/Hickey to approve the minutes of the February 1, I984, meeting as amended, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Mayor Kelley. NOES: None ABSENT: None SPECIAL ORDER OF BUSINESS Mayor Kelley welcomed the Boy Scouts to the City Council meeting. Each member of the Council introduced the Scout who participated in the meeting with them, as part of the Boy Scout Government Day Program. RIGHT TO APPEAL DECISION Mayor Kelley reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. CONSENT CALENDAR Councilmember Dickens requested item 7e be pulled and be placed on the agenda as item llb. M/S: Myers/Hickey to approve Consent Calendar items 7a, 7b, 7c, and 7d as follows: 7a. Payroll Warrants #1428 to #1569; $78,618.52 7b. General Warrants #24886 to #25055; $696,912.47 7c. Denied claim for damages, Rollie S. Warren, and referred to insurance carrier. 7d. Denied claim for damages, Ann Robinson, and referred to insurance carrier. Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Mayor Kelley. NOES: None ABSENT: None PUBLIC HEARING - 7:00 P.M. 8a. Adjustment - Electric Rates Director of Electric Utilities recommended Council adopt the rate proposal as submitted, increasing the overall electric rates approximately 3 to 4 percent. He explained the effect of the proposal would be to create a differential between the City and PGandE's retail base rates. He reported the California Public Utilities Commission authorized a 6 to 7 percent rate increase to PGandE for their customers. Staffs recommendation is for one-half of PGandE's rate increase. He noted the City has received a $542,612.92 refund from NCPA, and this refund could be used to pay the difference. PUBLIC HEARING OPENED: 7:31 p.m. PUBLIC HEARING CLOSED: 7:31 p.m., as no one addressed the issue. M/S: Hickey/Myers to adopt the new electric rate schedule. Reg. Mtg. February 15, 1984 Page 1 448 Councilmember Feibusch contended there should be no comparison between PGandE and the City of Ukiah utility rate. He reported on information obtained from auditor, David Hammond and Company, City of Ukiah Finance Department, and the Public Works Director. After his review of this information, he expressed concern regarding the City's cash flow as it pertains to the payments made to PGandE. There was general discussion pertaining to the City's cash flow and how it relates to payments being made to PGandE. Councilmember Dickens stated she feels it is acceptable to make comparisons between the City and PGandE. She explained had the City not availed itself of being involved in Public Utilities PGandE would be the only supplier in the area. Councilmember Myers pointed out the Public Utility Commission granted PGandE the present increase, and because of the City's involvement in NCPA the rates will not need to be increased to the full amount. Councilmember Hickey pointed out that the rate increase is less than PGandE's. He stated this is the return the people of the City are getting by owning their own system. Motion carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, and Mayor Kelley. NOES: Feibusch ABSENT: None PETITIONS AND COMMUNICATIONS 9a. Matter of Initiative Measure - City Manager The City Attorney advised the Council of three options available pertaining to the proposed initiative petition. (1) to adopt the proposed initiative as written, (2) call an election, or (3) reject the petition as the initiative is not in the required form to be placed on the ballot. He stated it is required by law for the Council to set the compensation for all appointed officials, including the City Manager, and the Council cannot be divested of that authority by initiative or even by its own action. M/S: Hickey/Myers to reject the initiative petition. Councilmember Feibusch commented that whatever decision the Council makes regarding the initiative the fact remains that over 90% of the voters contacted signed the petition. He stated, in his opinion, there is a fourth option, that the City Manager could become an instant hero by accepting the terms of the petition. Councilmember Dickens agreed to the importance of the people to have the right of initiative and referendum. However, she felt it unfortunate that one of the Councilmembers did not take advantage of the knowledge that was available, in order to present the Council with a petition that was accurate and acceptable to vote on. There was discussion of the legality of the initiative in its present form. It was pointed out that to put the initiative on the ballot would be an exercise in futility and a waste of money. Motion carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, and Mayor Kelley. NOES: Feibusch ABSENT: None 9b. Request from Emergency Housing Task Force for Fee Waiver and Use of HCD Payback Account The City Manager reported a request for funds and waiver of fees had been made by the Emergency Housing Task Force. Kathy Monroe, North Coast Opportunities, reported she is one of the co-chairman on the local board that has been allocating Federal Emergency food Reg. Mtg. February 15, 1984 Page 2 449 and shelter money. She updated the Council concerning what has been happening with Emergency Housing in the last year and their immediate plans to apply for grant monies. Roy Tindle, Community Development Commission of Mendocino County, reported to Council concerning the commitments for funds that are currently available to the Emergency Housing Task Force and plans to apply for new funds through the State Emergency Shelter Program for the building of an emergency shelter. He requested Council allocate $4,000 from the Housing and Community Development Block Grant loan paybacks as part of the 25% local match required for the grant application and waive any fees that may be required for rehabilitation work on the facility. Mr. Tindle stated there is concern for a Ri zone rating for the facility. After lengthy discussion it was determined certain conditions should be met with the transfer of funds. It was suggested that since the funds were given to the City under a Community Development Block Grant the City should receive the formal approval of HUD and the funds be spent within the City of Ukiah. Concerns were expressed about zoning, the cost of development, and the conflict in the request for fee waivers. M/S: Feibusch/Myers to approve the transfer of $4,000 from the HCD Payback Account subject to (1) receiving the grant, (2) facility meeting all City approvals, (3) receiving either the State or Federal approvals as necessary, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Mayor Kelley. NOES: None ABSENT: None UNFINISHED BUSINESS 10a. Adoption of Zoning Ordinance Amendment No. 826 - Theater Parking M/S: Myers/Hickey to adopt the Ordinance by Title only, carried by a unanimous voice vote. M/S: Myers/Hickey to adopt the Ordinance, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Mayor Kelley. NOES: None ABSENT: None 10b. Adoption of Resolution - Historic/Architectural Preservation Ad-Hoc Committee Director of Planning gave a brief presentation updating the Council concerning the Ad-Hoc Committee and reported staff had received another application for the committee. He stated staff recommends Council appoint Alice Clare Swan to the Ad-Hoc Committee and adopt the resolution. M/S: Dickens/Myers to add Mrs. Swan's name to the list on the resolution and adopt the resolution, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Mayor Kelley. NOES: None ABSENT: None NEW BUSINESS lla. Matter of Site Development Permit No. 84-46 - Westamerica Bank Sign Director of Planning reported Westamerica Bank is requesting the relocation of the sign over their annex office. He explained this would not be the moving of a sign but would actually be a new sign and staff recommends Council deny Site Development Permit No. 84-46. Jack Schlageter, Manager Westamerica Bank, 973 Fairway Avenue, Ukiah, CA 95482 briefly explained to Council what Westamerica Banks proposed plans are for the sign and urged approval from Council. M/S: Hickey/Myers to deny Site Development Permit NO. 84-46, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Mayor Kelley. NOES: None ABSENT: None Reg. Mtg. February 15, 1984 Page 3 450 ilb. R.A.A.P. Item #5 Councilmember Dickens reviewed the Governor's Victims Service Award Program for the Council and after a brief discussion it was determined that the Council would unanimously nominate the Community Center for this award. Item #1 Councilmember Dickens expressed concern regarding a letter received from the Greater Ukiah Chamber of Commerce stating that a brochure was not a specific item in their 1983-84 budget and contract. She felt this had been one of Council's priorities. Item #8 Councilmember Dickens questioned the Museum Assessment Program Report from Linda Wickert, asking for clarification of the differences between contract employees and the rest of the employees of the City. The City Manager responded that there are substantial differences legally and otherwise between contract employees and City employees, explaining that each contract employee must be negotiated separately. COMMENTS FROM AUDIENCE No one in the audience wished to address the Council. CITY COUNCIL REPORTS Councilmember Feibusch Reported that in an article in the Wall Street Journal of February 15, 1984, the Federal Administrative Board ruled PGandE and two other big California electric utilities illegally excluded smaller municipal utilities from participating in the Regional Emergency Power Pooling Agreement. According to the article, the surplus energy in the northwest states will be available at greatly reduced rates. He responded to Councilmember Dickens comment regarding his circulation of an initiative petition for the City Manager's salary by reading a prepared statement that he had read into the record at the Council meeting when the City Manager's benefits were under consideration. Councilmember Dickens None Councilmember Hickey Reported he will be out of town and absent from the March 7, 1984 Council meeting. Councilmember Myers None Mayor Kelley Questioned who, if anyone, was representing the Council at the Fire Protection Distri6ts Committee meeting. CLOSED SESSION None ADJOURNMENT There being no further business, the City Council adjourned at 8:24 p.m. Reg. Mtg. February 15, 1984 Page 4 Faye McAfee Recording Secretary