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HomeMy WebLinkAboutmin 06-15-8334O MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - JUNE 15, 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: Councilmembers Dickens, Hickey, Myers, Feibusch. Absent: Councilmember Kelley Staff present: Payne, Beard, Harris, Tillotson, Gutierrez, Goforth, Frame. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Feibusch gave the invocation and Councilmember Dickens led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Myers/Hickey to approve the minutes of June 1, 1983 as amended carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: Councilmember Kelley M/S: Myers/Hickey to approve the minutes of June 7, I983 as submitted carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: Councilmember Kelley RIGHT TO APPEAL Mayor Feibusch reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. ADDITIONS TO THE AGENDA Mayor Feibusch requested Resolution No. 83-74 regarding the Bricarelli Industrial Park be added to the agenda as item 9g. He also requested to add to the agenda under item 8e a proposed resolution regarding application for the EDA Grant regarding construction of off-site and on-site roadway, sewer, water, and electric facilities to serve the development of the Airport Industrial Park. Council action on this matter is noticed in the motion below, under Consent Calendar. CONSENT CALENDAR City Manager requested that item 6d be pulled and placed on the agenda as item 9e. Councilmember Dickens requested that item 6e be pulled and placed on the agenda as item 9f. M/S: Myers/Hickey to approve Consent Calendar items 6a, 6b, 6c, 6f, 6g, 6h, 6i, 6j, 6k, 61 as follows and to approve the additions to the agenda carried by the following roll call vote: 6a. Payroll Warrants #22874-23015, $74,660.46. 6b. General Warrants #22901-23030, $311,334.43. 6c. Awarded bid, construction on Main Street to Parnum Paving, Inc. in the amount of $43,616.50. 6f. Awarded bid, for all petroleum products to Redwood Tree Service for the fiscal year beginning 7/1/83 and ending 6/30/84. 6g. Awarded bid, 4 in 1 bucket with 3 spool valve to Ford Tractor in the amount of $2,448.60. 6h. Awarded bid, construction of drainage facilities, School Street, to Jet-Con Enterprises in the amount of $58,938. 6i. Denied claim for damages, Moir's Pool & Patio, and referred to insurance carrier. 6j. Approved request to write off uncollectable accounts as of June 30, 1983. 6k. Authorized Clerk to file notice of completion, metal equipment shelter addition at corporation yard. 61. Approved report of Administrative Actions and Proposals (R.A.A.P.) Reg. Mtg. June 15, 1983 Page 1 PETITIONS AND COMMIINICATIONS 8a. Policy Resolution No. 10 Regarding Credit Toward Capital Improvement Fee 8b. Resolution No. 83-69 Amending Resolution No. 76-52 & Electric Rule and Regulation No. 1 Regarding Developer Purchase of Equipment 8c. Introduction of Ordinance No. 810 Amending Section 3732 & 3861 Regarding Time of Payment of Capital Improvement Fees City Manager stated at the April 26, 1983 study session the Council determined policies requiring modification of existing regulations and ordinances and that these items are the implementation tools for action by Council. He noted that the revision of the forms identifying the costs, fees, charges, etc. for projects have not yet been finalized. He also brought up the question of the effective date of the subject resolution. Councilmember Myers stated that this was an indication by the Council that they encourage development and felt it should be noted for the record that the City Council is doing all they can to make it possible. Councilmember Dickens questioned how many other businesses would be affected by the credit. City Manager replied it would an insignificant amount but they would be notified. M/S: Myers/Hickey to adopt Policy Resolution No. 10, Resolution Establishing Policy for Credit Toward Capital Improvement Fees for Existing Facilities, effective March 17, 1983 carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: Councilmember Kelley. M/S: Myers/Hickey to adopt Resolution No. 83-69, Resolution of the City Council of the City of Ukiah amending Resolution No. 76-52 and Electric Rule and Regulation No. 1 Regarding Developer Purchase of Equipment and Specifying Capital Improvement Fees carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: Councilmember Kelley. M/S: Hickey/Myers to introduce Ordinance No. 810 by title only carried by a unanimous voice vote. M/S: Hickey/Myers to introduce Ordinance No. 810, Ordinance of the City Council of the City of Ukiah Amending Sections 3732 and 3861 of the Ukiah City Code Regarding Time of Payment of Capital Improvement Fees carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: Coun~ilmember Kelley 8d. Adoption of Ordinance No. 809 amending Code, Off-Street Parking Requirements for Automatic Car Wash City Manager stated per the Council's request at the last meeting, schematic drawings of how the stacking area could be accommodated for specific projects have been provided. He recommended adoption of the ordinance which was introduced at the last meeting. Planning Director reviewed in detail the information requested by Council. Mayor Feibusch stated he was unhappy to see this matter come before the Council as it seems to accommodate a "special citizen" and in his opinion it would not have been done for an ordinary citizen. Councilmember Dickens asked questions regarding the placement of the eight stacking spaces. City Manager noted that the matter was originally before the Planning Commission for a variance on the number of stacking spaces. Staff opposed the Reg. Mtg. June 15, 1983 Page 2 342 variance. The Planning Commission upheld staff's position and denied the variance. The matter came back to the Council as a result of Planning Commission action. M/S: Hickey/Myers to adopt Ordinance No. 809 by title only carried by a unanimous voice vote. M/S: Hickey/Myers to adopt Ordinance No. 809, Ordinance of the City Council of the City of Ukiah Amending Division 9, Chapter 2 of the City of Ukiah Zoning Ordinance - Off-Street Parking Requirements - Rental, Commercial and Service uses carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers NOES: Mayor Feibusch ABSENT: Councilmember Kelley 8e. Resolution Authorizing Mayor and Clerk to Sign EDA Grant Application This matter was postponed until after the first recess in order to give Councilmember Dickens time to review additional material on the subject. NEW BUSINESS 9a. Request from Millview County Water District for Water Service City Manager stated the request from Millview County Water District to meet an emergency need of water service has changed emphasis and noted they are now asking for a more permanent source of water supply. He requested Council authorization to continue to meet with Millview to determine what their needs are. He further requested Council to present staff with their specific concerns so they could be dealt with during the meetings. Mayor Feibusch noted that the previous City Manager attempted to deal with Millview regarding a permanent tie-in and was advised of legal ramifications. He asked to consult the new City Attorney regarding this matter. He feared the City could be forced into supplying the water if it goes underground without any annexation agreement. M/S: Myers/Hickey that the matter be referred back to staff to work with Millview County Water District to draft a proposal carried by a unanimous voice vote. PUBLIC HEARING - 7:00 p.m. Mr. Bowen, Modern Disposal Service was recognized and addressed the Council. He stated he requested to be on the agenda and was notified he would be. City Clerk stated he was left off the agenda in error. Mr. Bowen asked to speak before the public hearing began, and Council approved. He offered the City the same service offered by Ukiah Solid Waste at the same rate and guaranteed no increases for two years. He felt competition was healthy and asked to be considered. Councilmembers Dickens and Feibusch questioned Mr. Bowen on what additional services he would offer. Mr. Bowen replied he would provide whatever services were in the contract with Ukiah Solid Waste. Mayor Feibusch noted that Ukiah Solid Waste has a 15 year contract and advised Mr. Bowen he could be heard during the public hearing. 7a. Consideration of Revised Rate Schedule for Garbage Service Finance Director stated that Ukiah Solid Wasted has requested an increase and indicated it would be used to upgrade present equipment and to purchase new equipment, and that no further rate increases would be requested until January, 1985. He recommended a 5% increase be approved. City Manager noted that there were no proposed rate increases for the 10 gallon rate, the 1 can curb rate or the one can pack out rate and reiterated the Finance Director's statement that there would be no requests for increases until 1985. Reg. Mtg. June 15, 1983 Page 3 343 PUBLIC HEARING OPENED: 7:12 p.m. Marv Bowen, Modern Disposal Service referred to a comparative rate study provided by the Finance Director. He was of the opinion that the areas used did not provide good comparison rates. He then quoted rates of some rural areas he felt were more compatible with Ukiah. He felt an increase was not necessary. The following people stated their satisfaction with Ukiah Solid Waste service: Paul Trouette, Bush St. Herb Saxon, 1031 Maple Tom Harmon, Ukiah resident Mr. Hammil, 215 Thompson St., stated everyone is forced to operate with lower margins and questioned how the situation got turned around. Robert Watenburger, 611 Clay, stated if the rate increase is approved he will get rid of one of his cans. He felt if the rate is changed, it should be opened up for bid again. Kate Moore questioned the continued requests for rate increases. PUBLIC HEARING CLOSED: 7:25 p.m. Marv Bowen addressed the Council and stated this matter was important enough to have a full Council present to vote. He questioned if there was something in Robert's Rules of Order that would allow him to request a second public hearing. City Manager stated the Council was only required to hold one public hearing, not multiple ones. He noted the meetings are taped and the absent Councilmembers could listen to them. M/S: Hickey/Dickens to delay a decision until a full Council is present carried by a unanimous voice vote. RECESS: 7:27 p.m. RECONVENED 7:40 p.m. PETITIONS AND COMMUNICATIONS 8e. Resolution Authorizin~ Mayor and Clerk to Sign EDA Grant Applications Assistant Director of Public Works asked the Council to authorize the City to file an application with EDA for grant funds to construct a public building on the Ukiah Municipal Airport. M/S: Myers/Hickey to approve Resolution No. 83-70, Resolution of the City Council of the City of Ukiah authorizing application to the Economic Development Administration (EDA) for a grant under the terms of Public Law 89-136, as amended carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: Councilmember Kelley. Assistant Director of Public Works then asked the Council to authorize the Mayor and Clerk to file an application with EDA for grant funds to aid in financing the construction of a roadway, sewer, water and electric facilities to serve the National Guard Armory site to be located at the southeasterly corner of the Airport. Mayor Feibusch stated the City Council was supposed to approve the site and questioned why they were bypassed. Assistant Director of Public Works replied that the proposed building is within the five acre area that the City Council approved one and one half years ago. The Mayor then expressed concern that there was no written agreement from the National Guard. Assistant Director of Public Works stated the City has a verbal agreement from the National Guard. He further stated that if the National Guard falls through, the grant will provide utilities in the Industrial Park. Reg. Mtg. June 15, 1983 Page 4 344 M/S: Hickey/Myers to adopt Resolution No. 83-71, Resolution of the City Council of the City of Ukiah authorizing application to the Economic Development Administration (EDA) for a grant under the terms of Public Law 89-136, as amended carried by the following roll call vote: AYES: Councilmembers Hickey, Myers NOES: Mayor Feibusch ABSTAIN: Councilmember Dickens ABSENT: Councilmember Kelley Mayor Feibusch asked the Council to authorize another EDA grant for aid in financing off-site and on-site roadway, sewer, water and electric facilities to serve the development of the Airport Industrial Park, and to certify that local funds provided from North Counties Development Company in the amount of 20% are available. Assistant Director of Public Works expressed concern that the City would have to certify that the 20% of local match funds coming from a private party would be available. He also expressed concern with a possible conflict of interest with North Counties Engineering doing the engineering and inspection. The right of way for the street running through the North Counties Development property posed another problem. The figures for the project indicate the property owner will provide the local match share. In essence that might be taking grant funds from the project and using them for the local match share. Mayor Feibusch noted that the FAA grant compels the City to relocate the north end of Hastings Road on the runway within three years, and Mr. Akerstrom is offering to dedicate the land to the City. If the City has to purchase the property, it would be quite costly. He felt the City ought to weigh the possibilities of this proposal. City Manager stated there is a commitment that a portion of the road is to be relocated. There have been preliminary discussions regarding the temporary relocation of the road on the north south access over existing clear zone. That is not an ideal situation from FAA's point of view because traffic remains in the clear zone. However, traffic would be running in the same direction as the planes which is less critical than cross traffic at the end of the runway. Additionally, with the almost one million dollar grant, part of runway would be changed into a taxi area. There are possibilities the FAA will reduce that requirement once the grant instructions arrive. Council discussion pertained to the City's position in the event of default on the part of North Counties Development Co. M/S: Myers/Hickey to change the wording in Resolution 83-72 to state that the local share of matching funds would be provided by North Counties Development Company in the amount of 20% carried by a unanimous voice vote. M/S: Dickens/Hickey to adopt Resolution No. 83-72, Resolution of the City Council of the City of Ukiah authorizing application to the Economic Development Administration (EDA) for a grant under the terms of Public Law 89-136, as amended and that their concerns be put before North Counties Development Company carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: Councilmember Kelley. 9b. Matter of Establishing 30 Day Pass at Municipal Pool Director of Recreation and Parks stated this proposal would allow six free days of swimming in a 30 day period. He noted it is the result of many requests. M/S: Myers/Hickey to approve a 30 day pass for the Municipal Pool carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: Councilmember Kelley Reg. Mtg. June 15, 1983 Page 5 345 9c. Award of Bid, Legal Publications 1983-84 Fiscal Year City Manager stated bids were received from the Grapevine and the Ukiah Daily Journal. He noted a memorandum received by the City Attorney regarding publication of legal notices, which quoted Section 20169 of the Government Code. M/S: Myers/Dickens to refer the matter to staff to negotiate a compromise with both publishers to divide the legal publications carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: Councilmember Kelley. 9d. Resolution No. 83-73 Reappointing Commission Members M/S: Myers/Hickey to adopt Resolution No. 83-73, Resolution of the City Council of the City of Ukiah Reappointing Commission Members to the Airport, Planning, Parks, Recreation and Cultural Arts, Parking Advisory Commissions carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: Councilmember Kelley. 9e. Award of Bid, Pickup Truck (former item 6d) City Manager stated a letter was received by Ken Fowler Motors, the low bidder, to withdraw their bid due to uncertainty of the availability of the vehicle. He then referred to a memorandum from the City Attorney advising the City's acceptance of the withdrawal and accepting the second low bidder. City Manager noted all the companies are in the process of putting in their final orders and a delay in awarding the bid would put the other companies in the same position as Ken Fowler Motors. M/S: Hickey/Dickens to award the bid or the pick-up truck to Janway Ford in the amount of $8,824.50 carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: Councilmember Kelley. 9f. Award of Bid, Communications Equipment Maintenance, 1983-84 Fiscal Year (former item 6e) Councilmember Dickens expressed reservations in awarding the bid due to the fact that only one bid was received. City Manager stated that Empire Communications have indicated they delivered a bid to the City Hall. He further stated a thorough search was made in City Hall and inquiries at the County Clerk's in an attempt to locate the bid, which was not located. Empire Communications requested their name be left on the list of bidders. M/S: Hickey/Dickens to reject the bid and readvertise carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Feibusch NOES: CouncilmemberMyers ABSENT: Councilmember Kelley 9g. Matter of the Bricarelli Industrial Park (Feibusch) Mayor Feibusch stated he attended the County Board of Supervisor's meeting and noted they passed a similar resolution endorsing the development of the Bricarelli Industrial Park. He noted the water supply in that area is critical and encouraged annexation in order to facilitate the development. M/S: Myers/Hickey to adopt the proposed Resolution, Resolution of the City Council of the City of Ukiah Encouraging the Development of the Bricarelli Industrial Park in the City of Ukiah carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: Councilmember Kelley. Reg. Mtg. June 15, 1983 Page 6 346 9h. Matter of Memo by Councilmember Dickens (Dickens) Councilmember Dickens referred to her memo dated June 13, 1983 which addresses the memo to the Council from Mayor Feibusch regarding the recent election of a new Mayor and Vice-Mayor, in which Mayor Feibusch stated the election may not have been in conformance with State Law and was therefore going to ask the newly appointed City Attorney to research the matter when his duties begin on 7/1/83. She felt it was necessary to resolve the problem as soon as possible. M/S: Dickens/Hickey that City Attorney Merle Orchard research the matter immediately carried by the following roll call vote: AYES: Councilmember Dickens, Hickey, Myers NOES: Mayor Feibusch ABSENT: Councilmember Kelley. M/S: Dickens/Hickey that they do accept the counsel of Merle Orchard prior to June 30, 1983 and not allow additional City Attorney services after June 30, 1983 carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers NOES: Mayor Feibusch ABSENT: Councilmember Kelley Mayor Feibusch felt it was his prerogative to seek legal counsel, stated Merle Orchard made derogatory remarks about him and that he would investigate if there were legal grounds to deprive him of full legal counsel. COMMENTS FROM THE AUDIENCE Bill Lindsteadt, 908 Fairway, Economic Development Coordinator questioned what would happen if those involved in the Bricarelli Industrial Park do not accept annexation. Mayor Feibusch replied the City will still support it but as a long-standing City policy they would not provide water. He noted that the City would not develop in the County and then be faced with the purchase of PG&E rights at the time of annexation. Melvin Dodson, contractor, expressed disappointment regarding City Council actions concerning the proposed Bricarelli Industrial Park. He noted he was not aware of the proposed resolution until today and it was passed before he had a chance to speak before the Council. He stated he met each Councilmember at the site and not one of them mentioned the policy requiring annexation in return for water. It was pointed out that no mention was made regarding water when City Council visited the site with Mr. Dodson. A request for a written proposal from Mr. Dodson was made. It was pointed out that City Council has adopted two resolutions and one ordinance to help development in the City of Ukiah which should demonstrate the City's interest in the development of these areas. Mr. Dodson was instructed to negotiate with staff. CITY COUNCIL REPORTS Councilmember Hickey Stated they could not negotiate with Mr. Dodson as a group, but they could give staff direction as far as the negotiations are concerned. CouncilmemberMyers Stated he will be out of town for the July 6th meeting. He stated a need to clarify Chamber of Commerce's position as a liaison and requested it be put on the agenda for August 1, 1983. Mayor Feibusch Announced the heirs of the Yokayo site have agreed to a settlement and the appraisers have been engaged. Reg. Mtg. June 15, 1983 Page 7 347 ADJOURNED: 9:10 p.m. to Executive Session following the Redevelopment Agency meeting and the following action was taken: RESOLUTION NO. 83-75 M/S: Hickey/Dickens to adopt Resolution No. 83-75, Resolution of the City Council of the City of Ukiah Adjusting the Working Conditions of the City Manager carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers NOES: Mayor Feibusch ABSENT: Councilmember Kelley ADJOURNED at 9:25 p.m. Sandra Gutierrez Secretary Reg. Mtg. June 15, 1983 Page 8