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HomeMy WebLinkAboutmin 10-19-834O4 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - OCTOBER 19, 1983 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, Kelley. Staff present: Payne, Rapport, Pedroncelli, Harris, Tillotson, Gutierrez, Brosig, Roper, Mitchell. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Dickens gave the Invocation and Councilmember Feibusch led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Myers/Hickey to approve the minutes of October 5, 1983 as submitted carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None CONSENT CALENDAR Councilmember Feibusch pulled item 6d which was added to the agenda as item 101. M/S: Myers/Hickey to approve Consent Calendar items 6a, 6b, 6c, 6e and 6f as follows: 6a. Payroll Warrants, #441-583, $79,838.55 6b. General Warrants, #23932-24057, $741,755.21 6c. Awarded bid, underground installation, Lake Mendocino Hydroelectric Project to West Valley Construction Company of San Jose, California in the amount of $56,891.00. 6e. Awarded bid, reconstruction of concrete improvements, School Street, Contract 83-9 to RAO Construction Company, Inc. in the amount of $39,415.00. 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, Kelley NOES: None ABSENT: None ADDITIONS TO THE AGENDA Mayor Kelley added the following items to the agenda: 10m. Discussion of Yokayo Site 10n. Letter from Sun House 10o. Discussion of resignation of City Clerk PETITIONS AND COMMUNICATIONS 8a. Letter from State Legislators Regarding Southern Pacific Railroad Mayor Kelley reviewed the letter requesting public input regarding the announcement by Southern Pacific Railroad that it intended to abandon Northwestern Pacific. He asked for the City Council's comments. Councilmembers were opposed to public ownership and preferred private ownership if possible. They questioned whether the railroad could be forced to maintain the line. UNFINISHED BUSINESS 9a. Introduction of Ordinance Revising Sign Code Councilmember Hickey asked to postpone this item until 8:00 p.m. Reg. Mtg. October 19, 1983 Page 1 4O5 9b. Presentation of Annexation Brochure City Manager stated the brochure has been revised according to the recommendations of Council and ready for their review. M/S: Myers/Hickey to approve the brochure as presented to the City Council by staff. Councilmember Myers was pleased with the brochure. Councilmember Feibusch felt the brochure was too impersonal and questioned how many copies would be printed. City Manager responded that the next step is to investigate printing costs. He also agreed that the brochure would be impersonal if it were used alone to encourage annexation. He noted that it is intended to be one of many tools in the annexation process. Councilmember Myers felt it is a valuable tool and that it does not replace personal contact by the Councilmembers with the citizens. Councilmember Dickens made a friendly amendment to include one sentence in the brochure that more detailed information is available pertaining to businesses interested in annexation. The friendly amendment was accepted by the maker of the motion and the second. Motion carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Kelley NOES: Councilmember Feibusch ABSENT: None RECESS: 7:25 p.m. RECONVENED: 7:35 p.m. NEW BUSINESS 10a. Private Industry Council's Industrial Recruitment Slide Presentation (Dickens) This matter was postponed to later in the meeting. 10b. Resolution No. 84-27 Authorizing Amendment of PERS Contract City Manager recommended adoption of the resolution. M/S: Hickey/Myers to adopt Resolution No. 84-27, Resolution of the City Council of the City of Ukiah Authorizing an Amendment to Correct an Error in the Contract Between the City of Ukiah and the Board of Administration Public Employees' Retirement System, carried by the following roll call vote; AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10c. Resolution No. 84-28 Authorizing Approval of General Agreement of Indemnity Between NCPA & PG&E City Manager stated these documents are required in relation to the Interconnection Agreement and require the approval of the City Council. M/S: Myers/Hickey to adopt Resolution No. 84-28, Resolution of the City Council of the City of Ukiah Authorizing a General Agreement of Indemnity in Accordance with Requirements of the Interconnection Agreement as Approved on July 6, 1983 by the City Council carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10d. Resolution No. 84-29 Approvin$ NCPA Agreement for Temporary Transfer of Project No. 2 Power City Manager stated the Cities of Roseville, Plumas Sierra, and Gridley have determined that they have, collectively, a total of 4.305% excess power they wish to transfer to other NCPA members. The Member Agreement allows for such Reg. Mtg. October 19, 1983 Page 2 406 a transfer, sale or exchange between NCPA members. Staff recommended approval of the Agreement. M/S: Hickey/Myers to adopt Resolution No. 84-29, Resolution of the City Council of the City of Ukiah Authorizing the Temporary Transfer of Project No. 2 Power From Other NCPA Members to the City of Ukiah carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None. PUBLIC HEARING - 7:00 p.m. 7a. Appeal of Plannin$ Commission Action, Variance Appl. No. 84-18, Matt Sankovich City Manager stated the applicant has requested this matter be continued to November 2, 1983. PUBLIC HEARING OPENED: 7:00 p.m. PUBLIC HEARING CLOSED: 7:00 p.m. as no one addressed the issue. By unanimous verbal consensus the Council agreed to continue the matter to the November 2, 1983 meeting. 7b. Continuation of Noticed Hearing, Castillo Variance No. 83-93 City Manager stated the staff received the revised site plan late Friday afternoon and therefore has not had time to review it. The applicant has therefore asked that the matter be continued until November 2, 1983 in order to give staff sufficient time to review the plan and make recommendations. PUBLIC HEARING OPENED: 7:05 p.m. PUBLIC HEARING CLOSED: 7:05 p.m. as no one addressed the issue. M/S: to continue the matter to November 2, 1983 carried by a majority voice vote with Councilmember Myers in opposition. Councilmember Dickens felt the Council needed to establish policy regarding how many continuations they would grant. Matt Sankovich was recognized and explained his opinion on continuances. It was explained that this was not the matter for discussion at this point. Councilmember Myers asked that this matter be discussed as an agendized item at a future meeting that did not have a lengthy agenda. UNFINISHED BUSINESS - (Continued) 9a. Introduction of Ordinance Revising Sign Code City Manager stated that at the last meeting the Council finalized their consideration of the Planning Commission's amendment to the Sign Code and directed an ordinance be prepared for introduction. Staff has not had an opportunity to complete the ordinance in legal format. He recommended the matter be continued to the November 2, 1983 meeting. City Attorney reviewed his memo concerning whether the City could lawfully authorize the removal of new 50 foot signs at such time as freeway logo signs become available. He concluded that owners of newly erected signs would be required to remove those signs, while owners of older signs would not. In order to require owners of existing signs to remove their signs in favor of freeway logo signs, the City would have to adopt an ordinance allowing for an amortization period as required by SB 142. Councilmember Dickens was of the opinion it was useless to have the sign ordinance and then allow signs to remain after amortization. Reg. Mtg. October 19, 1983 Page 3 407 NEW BUSINESS - (Continued) 10a. Private Industry Council's Industrial Recruitment Slide Presentation (Dickens) Councilmember Dickens stated that she spent a morning at the Private Industry Council informing herself on what they do. She was very impressed and invited Bill Lindsteadt to give a presentation to the Council. Bill Lindsteadt, Private Industry Council, stated the major goal of the PIC is to recruit and solicit new industries into Mendocino County and to develop some type of market strategy. He noted the slide presentation is designed to give an overall picture of the County and is targeted to industries with 15 to 50 employees. He then showed the slide presentation which addressed the overall quality of life, recreation, education, affordable housing, labor force and existing industry in Mendocino County. 10i. Presentation of Audit Report, Davis Hammon Director of Finance introduced Mr. Joe Tucker of Davis Hammon, and noted he was available to answer questions. M/S: Feibusch/Dickens to accept the audit report and authorize final payment of Davis Hammon carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10e. Authorization to Sign Tudor Engineer's Work Order #16 Director of Electric Utility reviewed his staff report which detailed the status of current work orders. M/S: Hickey/Myers to authorize the City Manager to sign Work Order #16 carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers Kelley NOES: Councilmember Feibusch ABSENT: None 10f. Resolution No. 84-30 Authorizing Purchase of Electric Facilities, Munson-Hastings Director of Electric Utility recommended Council adopt the resolution. M/S: Hickey/Myers to adopt Resolution No. 84-30, Resolution of the City Council of the City of Ukiah Authorizing the Purchase of Electric Facilities in the Area Known as Munson-Hastings Reorganization Annexation No. 81-6, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10g. Acceptance of State of California Office of Emergency Service Fire Engine Fire Chief explained the advantages and benefits the Fire Department would receive from an O.E.S. pumper. M/S: Hickey/Myers to accept the State of California Office of Emergency Service Fire engine carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10h. Matter of Building Setbacks Planning Director stated his report was prepared pursuant to Council request for information on setbacks as established in the Zoning Ordinance. He noted the report provided basic reasons and principles for setbacks and a specific analysis of setbacks within the City of Ukiah Code. Councilmembers commended staff for the excellent and informative report. Reg. Mtg. October 19, 1983 Page 4 CUOOm12 408 Councilmember Dickens felt what exists in the Code is excellent and that variances should be granted only with appropriate findings. M/S: Hickey/Feibusch to accept the report carried by a unanimous voice vote. 10j. Approval of Final Payment, Curtis/Herriman Airport Design Contract City Manager recommended approval of the additional design costs for the airport project. Councilmember Dickens questioned the travel charge of 30C per mile. Director of Public Works stated it was high and the norm is approximately 23¢ per mile. M/S: Myers/Hickey to approve the additional design costs for the airport project in the amount of $5,962.91 included in the final billing of $9,442.91 carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10k. Discussion of Establishment of a Cable T.V. Steering Committee City Manager stated that Stephen Robbins, who has been contracted to act as the negotiator for the City's refranchising efforts with Group W Cable T.V., has suggested that there be a steering committee formed which not only includes four appointed officials but also an elected official. He noted that other jurisdictions are also appointing elected officials to serve on the committee and it seems appropriate that Ukiah do so also. Mayor Kelley appointed Councilmember Myers to serve on the Committee with the consent of Council. 101. Bid Award, Construction of Gobbi St. Substation (old 6d) Councilmember Feibusch questioned how contractors who are not properly licensed obtain a set of specifications on which to bid. City Manager stated the bidders are presently being reviewed to determined if they are qualified. It has not yet been determined that any of them are not qualified. He further noted that specifications are available with no pre-qualification required. M/S: Hickey/Feibusch to continue the matter to November 2, 1983 carried by a unanimous voice vote. 10m. Discussion of Yokayo Site Mayor Kelley updated the City Council on the status of the Yokayo site. He noted that the City Council authorized the City Manager to expend up to $2,500 for an appraisal and up to $2,500 for a structural analysis. These costs were to be split with the Ukiah Unified School District, with the City of Ukiah expending a total of $5,000 for both. The appraisal was completed without the consent of the Yokayo Site Committee. The bill for the structural analysis was received in the amount of $4,950 and the bill for the appraisal was received in the amount of $12,000. M/S: Hickey/Feibusch to authorize the City Manager to expend $2,000 from the Civic Center fund to have an independent review of the appraisal performed. Councilmember Myers noted that he had discussed with the City Attorney a possible conflict of interest on this matter due to his employment with the Ukiah Unified School District. Councilmember Dickens stated that also being an employee of the Ukiah Unified School District she too had discussed it with the City Attorney. City Attorney advised that as long as they were employed at least three years prior to taking office, they did not have a conflict of interest. Motion carried by the following roll call vote: AYES: Councilmember Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None Reg. Mtg. October 19, 1983 Page 5 4O9 10n. Letter from Sun House City Manager stated the Sun House has received official notification of the State's grant award of $20,000 to the City of Ukiah for preservation of the Sun House. He asked the Council to authorize him to sign the "Acceptance of Grant Allocation" which needs to be sent to the State Office of Historic Preservation by October 31, 1983. M/S: Myers/Hickey to authorize the City Manager to sign the "Acceptance of Grant Allocation" carried by the following roll call call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None. 10o. Discussion of Resignation of City Clerk City Manager stated the City Clerk has indicated her intent to retire effective November 1, 1983. This will leave vacant the elected position of City Clerk as well as the Secretary to the City Manager position. He noted the City is recruiting to fill the Secretary to the City Manager position. Councilmember Myers expressed appreciation for the many years of service Hattie Tillotson gave the City. Mayor Kelley addressed the position of City Clerk and suggested the City Clerk duties be incorporated into the City Manager's position. He felt the elected position of City Clerk for $40/month was obsolete. City Attorney informed the Council if they want to change the position from an elected position to an appointed position they would have to take the matter to the electorate. Council asked for this matter to be placed on the agenda for the November 2, 1983 meeting. Mayor Kelley asked if it was legal to appoint the City Manager to fill the position in the interim. City Attorney stated the position must be filled within 30 days of November 1, 1983 and that the City Manager could be appointed. Mayor Kelley then thanked Hattie and stated she was an asset to the community. CITY COUNCIL REPORTS Councilmember Feibusch Questioned the status of T.K. Mining. City Manager responded that the Finance Director has rendered a decision, which was in the mail, and that it was not appropriate to divulge that information at this time. Asked if direction was given to the Public Works Director concerning the Gobbi Street restriping. City Manager responded that staff was directed to study two lanes with continuous two-way left hand turn lanes and that it would be presented at the next meeting. Councilmember Myers Stated was out of town over the weekend and could not partake in all the activities he would have like to, such as the Sun House and Fire House open houses. Thanked the Council for appointing him to the Cable T.V. steering committee and asked for permission to ask staff to contact Mayor Heeley of Santa Rosa for information on their cable T.V. negotiations. Noted he received information from the Chairman of Assembly Committee on Local Government regarding three hearings concerning predictable and stable revenue sources for local governments. They are scheduled for November 10, 1983, November 17, 1983 and December 9, 1983. Reg. Mtg. October 19, 1983 Page 6 410 Missed the Chamber of Commerce meeting but they are planning the next Hometown Festival. Mayor Kelley Attended the Fireman's dinner and was impressed with the group. ADJOURNED at 9:12 p.m. to the Redevelopment Agency meeting. RECONVENED at 9:28 p.m. At this time the City Clerk read the following statement into the record: "Mr. Mayor and members of the Council, as you know this is my last Council meeting since I will be retiring on November 1st. I do want you to know that I have enjoyed most of my 19+ years with the City and appreciate very much what the City of Ukiah has done for me, but it is now time for me to go on to bigger and better things. I have enjoyed as much of this as I can stand. It was my intent to work for the City another 2~ years; however, some members of the Council have made working for the City so unpleasant I have decided that no amount of money is worth continuing to tolerate the existing situation; specifically, the lack of respect or even common courtesy toward those who implement your policies. I would suggest that you re-evaluate your attitude toward, and your excessive demands on staff before you lose a number of other good employees. Thank you for your time." ADJOURNMENT Adjourned at 9:35 p.m. to a closed session at which no action was taken. Adjourned at 10:10 p.m. Sandra Gutierrez Deputy City Clerk Reg. Mtg. October 19, 1983 Page 7