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HomeMy WebLinkAboutmin 02-01-84441 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - FEBRUARY 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: Feibusch, Dickens, Hickey, Myers, and Mayor Kelley. Staff present: Payne, Rapport, Harris, Pedroncelli, Roper, Stamelos, and McAfee. INVOCATION AND PLEDGE OF ALLEGIANCE Director of Public Works, Pedroncelli gave the Invocation and Councilmember Dickens led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Myers/Feibusch to approve the minutes of the January 18, 1984, meeting as submitted, 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 M/S: Feibusch/Hickey to approve Consent Calendar items 6a, 6b, 6c, 6d, 6e, and 6f as follows: 6a. Payroll Warrants #1289 to #1427; $77,726.3i 6b. General Warrants #24764 to #24885; $429,488.81 6c. Notice of Completion: Contract for Lake Mendocino Drive Underground Installation of Conduit, Pull Boxes and Vaults 6d. Award of Bid for Cable for Underground Feeder for 115 KV Substation 6e. Abandonment of Permits for Hydro Electric Projects 6f. Report of Administrative Actions and Proposals (R.A.A.P.) Motion carried by the following roll call vote: Feibusch, Dickens, Hickey, Myers, and Mayor Kelley. None AYES: Councilmembers NOES: None ABSENT: PETITION AND COMMUNICATIONS 8a. Set Date for Hearin8 Appeal - T.K. Minin$ Company The City Manager reported the Ukiah Appeals Board rendered a decision on the T.K. Mining Company matter. However, the City has received an appeal from the attorney representing T.K. Mining Company. The City Manager stated the Ukiah Municipal Code specifies that the Council set a date for that hearing. M/S: Feibusch/Hickey to schedule the appeal hearing for T.K. Mining Company for the first meeting in March, carried by a unanimous voice vote. UNFINISHED BUSINESS 9a. Appointment of Planning Commissioner This appointment is to fill the unexpired term of Yvonne Metzler who recently resigned. Councilmember Myers nominated Cheryl Baker; Councilmember Dickens nominated Sandra Geronzin; Councilmember Hickey passed; Councilmember Feibusch passed. The nomination of Cheryl Baker was denied by the following roll call vote: AYES: Councilmember Myers and Mayor Kelley. NOES: Feibusch, Dickens and Hickey ABSENT: None Reg. Mtg. February 1, 1984 Page 1 CU00016 442 The nomination of Sandra Geronzin was approved by the following roll call vote: AYES: Councilmember Feibusch, Dickens, Hickey, and Mayor Kelley. NOES: Myers ABSENT: None M/S: Hickey/Feibusch that a unanimous vote be cast for the appointment of Sandra Geronzin as Planning Commissioner carried by a unanimous voice vote. 9b. Matter of Historic/Architectural Preservation Ad-Hoc Committee Director of Planning reported on a preservation program for structures throughout the community, and he indicated a need for a survey committee to complete an analysis of the resources in the City of Ukiah. He stated staff has received five applications for the Ad-hoc Committee but would like 10 or more. Staff requested Council continue the matter to February 15, 1984, to allow more opportunities for soliciting volunteers. M/S: Myers/Hickey to extend the nominations to the February 15, 1984, meeting and accept the five applicants received to date, as members of the committee, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Mayor Kelley. NOES: None ABSENT: None 9c. Appeal of Development Fees/Carolyn Hawley Director of Public Works reported the City Manager and himself met with Carolyn Hawley regarding her appeal. The fees were discussed in depth with Ms. Hawley. Based upon City Council Resolutions No. 8 and I0, it was recommended by staff the appeal and waiver of the $1,415.00 connection fee be denied. Carolyn Hawley, 730 S. Oak #4, Ukiah, CA 95482, explained to Council, in her opinion, there is no other lot in the City that is as unbuildable. Due to the expense of building on the lot, she again requested the connection fees be waved. M/S: Hickey/Feibusch to deny the appeal of development fees, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Mayor Kelley. NOES: None ABSENT: None 9d. Reconsideration of Agreement for Construction Operations and Maintenance Lake Mendocino Power Project Director of Electric Utilities gave a brief presentation explaining the changes in the agreement submitted by The Army Corps of Engineers, and requested the Council approve the Resolution. M/S: Myers/Hickey to approve the Resolution of the City Council of the City of Ukiah approving the agreement for construction operations and maintenance of the Lake Mendocino Power Project, carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, and Mayor Kelley. NOES: Feibusch ABSENT: None RECESS: 6:55 p.m. RECONVENED: 7:05 p.m. PUBLIC HEARING - 7:05 p.m 7a. Proposed Zoning Ordinance Amendment Regarding off Street Parking - Theaters Director of Planning reported the City's current Ordinance requires one parking space for every three seats within a theater. A review of other cities' showed an average of one parking space for every five seats. It is the Planning Commissions determination that one space for every five seats would be appropriate. PUBLIC HEARING OPENED: 7:06 p.m. PUBLIC HEARING CLOSED: 7:06 p.m. as no one addressed the issue. Reg. Mtg. February 1, 1984 Page 2 CUO001 443 M/S: Myers/Hickey to introduce the Ordinance by Title only, carried by a unanimous voice vote. M/S: Hickey/Myers to introduce the Ordinance, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Mayor Kelley. NOES: None ABSENT: None 7b. Introduction and Adoption of Proposed Ordinance to Develop a Special Tax for Capital Improvement to the Ukiah Municipal Airport in Conjunction with the Proposed Application to the FAA, to Locate a Regional Flight Center at the Airport The City Manager explained the two proposals that was made to FAA regarding the proposed Administration Center. He explained the proposed Special Tax Ordinance, stating that the Ordinance can not go into effect without two- thirds positive vote at the June 5, 1984 election. He went on to explain the land use codes and titles for FAA Tax Ordinance and how the dollar amount was established per benefit unit and determining the amount of benefit unit to generate the income needed. It was explained that the $11.25 per benefit unit will be the maximum that can be assessed. He pointed out that the tax sunsets in ten years and can no longer be charged to finance the structure. M/S: Hickey/Myers to introduce the Ordinance by Title only, carried by a unanimous voice vote. PUBLIC HEARING OPENED: 7:17 p.m. Citizens who spoke in favor of the issue are as follows: -Pat McAllister, 917 Dominican Way, Ukiah, CA 95482, representing the Greater Ukiah Chamber of Commerce. -Ken Fowler, 1080 N. State Street, Ukiah, CA 95482, representing the Mendocino County Employors Council. -Bill Lindsteadt, 908 Fairway Avenue, Ukiah, CA 95482, representing the Economic Development Office. Expressing this is an opportunity for the community to make a statement, we do want jobs, and we do want progress. Citizens who spoke against the issue are as follows: -Judy Prudent, 304 S. Hortense, Ukiah, CA 95482. -Morey McCloud, 309 Snuffin, Ukiah, CA 95482. Expressed concerns about the additional tax and how the building will be~ funded. PUBLIC HEARING CLOSED: 7:35 p.m. The City Manager noted that a 4/5 vote from the Council is necessary for the Ordinance to pass as an urgency measure. M/S: Hickey/Myers to introduce and adopt the Ordinance as an urgency measure, carried by the following roll call vote: Councilmembers Dickens, Hickey, Myers, and Mayor Kelley. NOES: Feibusch ABSENT: None Councilmember Feibusch commented that based on benefit units there would be an increase of 21.4% to the individual home owner who pays $105.18 taxes per year while a home owner's taxes who pays $1,322.34 per year would have an increase of only 1.7% and he feels this is inequitable. He reported he read an article in Aviation magazine which referred to the FAA consolidation venture as a fourteen billion dollar boondoggle. Mayor Kelley asked for a copy of the Aviation magazine article for reference. After lengthy discussion by the Council, it was determined the best avenue would be to put this issue before the citizens of the City of Ukiah in the June 5, 1984 election. Reg. Mtg. February 1, 1984 Page 3 444 NEW BUSINESS 10a. Matter of June 5, 1984 Election 10a(1. Proposed Measures as Shown on Exhibit A: (a) City Clerk (b) City Treasurer (c) Special Tax The City Manager reviewed Exhibit A, measures a, b, and c, explaining if the proposed measures are passed in the June 5, 1984 election the elected offices of City Clerk and City Treasurer would become appointive. M/S: Hickey/Feibusch to place measures a, b, and c on the June 5, 1984 ballot, carried by a unanimous voice vote. 10a(2. Resolution Authorizing Agreement with County of Mendocino The City Manager explained the Resolution authorizes an agreement with the County of Mendocino to run the election. M/S: Hickey/Feibusch to adopt the Resolution to enter into a contract with the County of Mendocino, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Mayor Kelley. NOES: None ABSENT: None 10a(3. Matter of Impartial Analysis of Issues The City Manager explained the Impartial Analysis of Issues is a matter of choice rather than mandatory. Staff recommended Council authorize the City Attorney to submit an Impartial Analysis of each item for the voters. M/S: Hickey/Myers to authorize the City Attorney to submit an Impartial Analysis of each item, carried by a unanimous voice vote. 10a(4. Resolution Designating Mayoral Seat The City Manager reviewed the Resolution designating one of the City Councilmember seats as a Mayoral seat. A motion by Councilmember Hickey to designate one of the City Councilmember positions as a Mayoral position died for lack of a second. After lengthy discussion by City Attorney and Councilmembers, it was determined there should be four designated Councilmember positions and one designated Mayoral position. M/S: Feibusch/Hickey to adopt the Resolution as presented by the City Attorney except on line 4 the term be for two years, and that lines 12 and 13 be altered as the City Attorney recommended, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Mayor Kelley. NOES: None ABSENT: None 10a(5. Approve Recommendation Regarding Candidate Statement The City Manager reviewed the agreement for costs of printing and handling the Candidate's Statement of Candidates for Municipal Office. Staff recommended Council to approve the $50.00 deposit and the agreement. M/S: Feibusch/Myers to approve the $50.00 deposit and the agreement for Candidate's Statement of Candidates for Municipal Office, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Mayor Kelley. NOES: None ABSENT: None 10b. Matter of Industrial Development Authority 10b(1. Resolution Declaring City Council Industrial Development Authority Reg. Mtg. February 1, 1984 Page 4 445 The City Manager reported that Council had created an official Industrial Development Authority for the City of Ukiah, and the Resolution will declare the City Council as the Directors of the Industrial Development Authority. M/S: Feibusch/Myers to adopt the Resolution declaring the City Council as the Industrial Development Authority, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Myers, and Mayor Kelley. NOES: Hickey ABSENT: None Councilmember Hickey stated, in his opinion, the City should not be in the financing business. I0b(2. Resolution Appointing Management Staff as Staff of Industrial Development Authority The City Manager stated concurrent with the City Council now being the Board of Directors of the Industrial Development Authority, and pursuant to State Law, the City is requesting Council adopt the Resolution establishing the Management Staff of the City of Ukiah, as the Staff of Industrial Development Authority and adopt the Personnel Rules and Regulations of the City of Ukiah. M/S: Myers/Dickens to adopt the Resolution appointing Management Staff as Staff of the Industrial Development Authority, carried by the following roll call vote: Councilmembers Feibusch, Dickens, Myers, and Mayor Kelley. NOES: Hickey ABSENT: None 10b(3. Approval of Rules and Regulations for Financing Industrial Projects The City Manager explained the rules and regulations for financing industrial projects is an attempt to set forward, for a proposed developer, what he has to give to the City to be processed by the City, what the Council will be looking for, and what the formal procedures are to get the developer from the process of filing an application to approval. M/S: Myers/Dickens to approve the rules and regulations for financing industrial projects, carried by the following roll call vote: AYES: Councilmember Feibusch, Dickens, Myers, and Mayor Kelley. NOES: Hickey ABSENT: None 10b(4,5,and6. Agreements in Draft for Industrial Development Authority The City Manager explained the Agreements in draft stating, there are three separate and distinct Agreements in draft pursuant to Council's newly adopted rules and regulations that will be entered into at a later date: (1) between the City of Ukiah and a Bond Counsel, (2) between the City of Ukiah and a Financial Consultant, and (3) between the City of Ukiah and the Developer, if and when the City gets a developer and if and when the specific terms are agreed to. The City Manager reported the Agreements in draft have been successfully used in other cities that use Industrial Development Bonds. He explained that he is not asking Council to adopt the series of fees listed in the draft form nor the form itself. The fees will be whatever the financial consultants and the City agree to at a specific time. He explained almost all of the fees in this process, particularly with the City's consultants, are only paid out of the Bond proceeds. He noted that if you get 85% down a process and never sell bonds, the bond counsel and the financial consultant do not get paid. The City Manager noted the Agreements in draft are for Council's review of form and the Council does not need to take any action on them since, in essence, each individual agreement will be brought before the Council at a later date when a specific developer is involved. No action was required on the matter of Agreements in draft for Industrial Development Authority. 10c. Wastewater Treatment Plant - Third Amendment to Engineering Services Contract Reg. Mtg. February 1, 1984 Page 5 446 Director of Public Works updated the Council concerning the Engineering Contract to the Wastewater Treatment Plant. Mr. Pedroncelli stated the proposed amendment accounts for the required audits that have taken place under the Federal Grant Program and that the rates have been published. He explained any additional costs resulting from the audited overhead rates of Kennedy/Jenks are grant eligible and recommended Council's approval of the third amendment to the Engineering Services Contract. M/S: Hickey/Myers to approve the third amendment to the Engineering Services Contract, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Mayor Kelley. NOES: None ABSENT: None 11. COMMENTS FROM AUDIENCE No one in the audience wished to make a comment. 12. CITY COUNCIL REPORTS Councilmember Feibusch None Councilmember Dickens Reported she attended a MTA meeting in Willits, February 1, 1984. She explained MTA is currently having an art logo contest for the logo which will go on the new buses and will unify all advertising for the buses dial-a-ride program. Ms. Dickens asked the Council for permission to put some of the contest forms in the front office of the City Hall where they will be available to those that are interested in entering the contest. She reported the last day to enter the contest is February 17, 1984. Councilmember Hickey Reported there will be a NCPA meeting, in Ukiah, April 26, 1984, stating NCPA is trying to establish their goals and objectives, noting that if anyone has a suggestion please contact him or the City Manager prior to April 15, 1984. Mr. Hickey explained that NCPA has acquired the building site in Roseville and is having detailed construction drawings made for the phase one building that Ukiah held out for. Councilmember Myers Reported that he attended the League of California Cities meeting as the representative of the City of Ukiah in Sabastopol, January 21, 1984. He reported it was an interesting meeting with Assemblyman Dan Hauser and Congressman Doug Bosco speaking. One of the major topics was finances for cities. He also reported that Assemblyman Houser outlined some of the bills he had proposed specificly relating to cities as well as reviewing financing for cities. Councilmember Myers stated it is hoped that financing for the cities in the State of California becomes a non-partisan issue not a partisan issue. Mayor Kelley None 13. CLOSED SESSION Adjourned to closed session at 8:35 p.m. Reason: pending litigation. Reconvened in regular session at 8:50 p.m. 14. ADJOURNMENT There being no further business, the City Council adjourned at 8:51 p.m. Faye McAfee Recording Secretary Reg. Mtg. February 1, 1984 Page 6