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HomeMy WebLinkAboutmin 05-18-83323 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - MAY 18, 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 Kelley, Dickens, Hickey, Myers, Feibusch. Staff present: Payne, Orchard, Kruth, Harris, Tillotson, Gutierrez, Frame, Beard. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Hickey gave the invocation and Councilmember Myers led in the Pledge of Allegiance. APPROVAL/CORRECTIONS OF MINUTES M/S: Kelley/Dickens to approve the minutes as amended carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: None ABSTAIN: Councilmember Hickey ADDITIONS TO THE AGENDA Councilmember Kelley requested the matter of the Senior Day Wine Tasting be added to the agenda as item 10L. Councilmember Dickens requested that the matter of SB142 be added to the agenda as item 10m. M/S Hickey/Myers to add the aforementioned matters to the agenda carried by a unanimous voice vote. RIGHT TO APPEAL Mayor Feibusch reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. CONSENT CALENDAR Councilmember Kelley requested that item 6c be pulled and considered as item 10n. M/S Kelley/Dickens to approve Consent Calendar items 6a, 6b and 6d as follows carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None 6a. Payroll Warrants #22602-22738, $$71,050.01 6b. General Warrants #22664-22821, $538,647.47 6d. Approved Report of Administrative Actions & Proposals (R.A.A.P.) PETITIONS AND COMMUNICATIONS 8a. Request to Cancel Cagle Lumber Company Airport Lease Agreement (Lease #2) City Manager stated the matter was before the Council last year. At that time staff recommended that if the lease payments were brought up to date that the Council accept a cancellation provision. Mr. Cagle did not bring the payments up to date and did not pursue a cancellation. The City Council referred the matter to the City Attorney for collection. Mr. Cagle is now in arrears $6,000. M/S: Hickey/Myers to deny the request and advise Mr. Cagle that upon payment of the $6,000 which is due the Council will reconsider the matter. City Attorney stated he has filed suit and the matter should be heard within 30 days. He therefore recommended no action. The above motion was withdrawn by the maker with consent of the second. Reg. Mtg. May 18, 1983 Page i M/S: Hickey/Myers to deny the request for lease cancellation carried by a unanimous voice vote. 8b. Request From Ukiah Valley Sanitation District for City to Participate in Studies Regarding City/District Relations City Manager stated that the Ukiah Valley Sanitation District (UVSD) is requesting the City to share in the amount of $3,333 for a proposed study regarding the relationship between the UVSD and the City of Ukiah. He noted that per a request to the City Council by the Chairman of the UVSD he is currently in negotiations with the County Administrator to make recommendations regarding the future relationship of the two bodies. He anticipated a firm recommendation would be forthcoming within 60 days and therefore felt a study would be premature at this time. He did note that if the recommendation is not implemented he would support such a consultant study and recommended the Council decline to financially participate in a joint study at this time. M/S: Kelley/Myers to allow staff 60 days to negotiate with the County Administrator. Councilmember Dickens made a friendly amendment that the motion state the City is not against the study, but that this is just a delay. The maker of the motion and the second accepted the amendment. The motion carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None 8c. Request to Schedule Slide Presentation of Senior Day Services Jane Spring, Director of Senior Day Services, stated she would like to inform the Council by presentation of a film of the Senior Day Services activities. Councilmember Hickey stated the film presentation should coincide with budget hearings. Ms. Spring had no objections and will be advised of the specific date for the presentation. UNFINISHED BUSINESS 9a. Report on Changing Signs Downtown to Notify Citizens of Saturday Non-Enforcement of Parking Meter Limits City Manager reviewed the costs ranging from $730 to $4500 which will be required to modify parking signs on City streets, including Saturdays as non-enforcement days. He recommended no change be made at this time but that publicity be given to the fact that there is no major Saturday enforcement. M/S: Myers/Kelley to adopt alternate "C", add partial, self-adhesive legend to existing signs (582) in the estimated amount of $730 carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: Councilmember Hickey ABSENT: None Councilmember Dickens felt that the City ordinance should be changed to reflect parking enforcement ends at 5:00 p.m., not 6:00 p.m. and requested the matter be placed on the agenda for the next meeting. PUBLIC HEARINGS - 7:00 p.m. 7a. Continuation of Matter of Mendocino County Solid Waste Management Plan Deputy Director of Public Works stated that exhibits "B" and "C" deal with solid waste other than Ukiah's site. He noted staff had no concerns with the plan and recommended Council approval of the Amended Plan by adoption of Resolution No. 83-58. PUBLIC HEARING OPENED: 7:03 p.m. PUBLIC HEARING CLOSED: 7:03 p.m. as no one addressed the issue. Reg. Mtg. May 18, 1983 Page 2 325 M/S: Kelley/Hickey to adopt the Mendocino County Solid Waste Management Plan. Councilmember Myers questioned the "bottle ordinance" mentioned in Section 4.2.3. "Resource Recovery Legislation" and asked what obligations it would place on the Council. City Manager stated if the plan was adopted with that section as written, the Council would be obligated to recognize that they endorse those types of legislative programs. M/S: Myers/Hickey to delete Section 4.2.3 "Resource Recovery Legislation" from the Mendocino County Solid Waste Management Plan carried by the following roll call vote: AYES: Councilmembers Hickey, Myers, Feibusch NOES: Councilmembers Kelley, Dickens ABSENT: None Charles Williams, 310 Betty St., was recognized and stated he felt the plan was biased toward trash burners and against recycling. He expressed hope that the Council would take more positive action toward recycling. The motion to adopt the plan carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None 7b. Abatement of Weeds and Rubble on Private Property City Manager stated this is the second step in the weed abatement process and noted that it was the time for the citizens to speak to the isssue. PUBLIC HEARING OPENED: 7:17 p.m. Charles Williams stated he favored a postponement of a few weeks to allow the wild flowers to go to seed, especially at the airport. City Manager stated a strict time frame must be adhered to in order to register these properties on the tax rolls for next year and also to prevent fire hazards. PUBLIC HEARING CLOSED: 7:24 p.m. Councilmember Hickey referred to page 17 of the list and stated he had been contacted by the property owners and they are willing to abate as soon as they can get onto the property, which is still underwater. M/S: Myers/Hickey to adopt Resolution No. 83-59, A Resolution of the City Council of the City of Ukiah Directing the Abatement of Weeds, Rubbish, Refuse, and Dirt on Certain Parcels of Land in the City of Ukiah, carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None. UNFINISHED BUSINESS - Continued 9b. Continuation of General Plan Amendment 1983-A Proposed Land Use Changes: 1) 2) N. Oak, Henry to Gibson Creek, Office Commercial to Medium Low Density Residential Bush & Low Gap, N.E. Medium High Density Residential to High Density Residential N. Oak, Henry to Gibson Creek City Manager stated the Planning Department is in the process of developing a historic preservation ordinance establishing an "H" Combining District which will be proposed to the Planning Commission within 90 days. Staff had prepared three alternatives and City Manager recommended Alternative "C", the adoption Resolution No. 83-60, making no change. Reg. Mtg. May 18, 1983 Page 3 326 M/S: Myers/Hickey to follow Alternate "C" and adopt Resolution No. 83-60, Resolution of the City Council of the City of Ukiah Adopting Portion of General Plan Amendment 1983-A, No. Oak, Henry to Gibson Creek, carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None Bush and Low Gap, N.E. Councilmember Myers absented himself from the Chambers at 7:33 p.m. due to a conflict of interest. M/S: Dickens/Kelley to accept Alternate "A", retaining the Medium High Density Residential classification on the subject property and adoption of Resolution No. 83-61, A Resolution of the City of Ukiah Adopting Portion of the General Plan Amendment 1983-A - Bush and Low Gap, N.E. Carrol Ornbaum asked to be recognized. Councilmember Dickens questioned whether anyone could be recognized when there was no public hearing. City Attorney stated the public hearing could be reopened with consent of the Council for the purpose of hearing Mr. Ornbaum. Mayor Feibusch stated it is a free country and Mr. Ornbaum should be allowed to speak. Councilmember Dickens asked for Council to take a vote to open the public hearing for the purpose of hearing Mr. Ornbaum. Council asked Mr. Ornbaum if he had anything new to present. Mr. Ornbaum stated he did not but wished to address Councilmember Hickey who was absent at the last meeting. Council agreed to open the public hearing to Mr. Ornbaum. Carrol Ornbaum, representative for the subject property owner, stated that on March 9th the Planning Commission voted 4 to 2 in his favor and on March 23 they again voted in his favor by a 5 to 1 vote. He stated the zoning has been R-3 and if the General Plan designation is Medium High Density he felt the zoning should be R-2. He stated his client has paid taxes on R-3 property and it would be unfair to change that now. He further noted that his client did not cause the traffic problem. The above motion carried by the following roll call vote: Councilmembers Kelley, Dickens, Feibusch NOES: Councilmember Hickey ABSENT: CouncilmemberMyers. AYES: Councilmember Myers returned to his seat. 9c. Matter of NCPA Agreement for Financing of Planning and Licensing Activities for Construction of Geysers Transmission Facilities Electrical Distribution Engineer stated existing PG&E transmission facilities at the Geysers are nearing capacity. PG&E plans on constructing a 230 KV transmission line from the Geysers to Lakeville. This line will have sufficient capacity to wheel the existing Shell II Project Power and NCPA has an option to buy-in to a portion of the line. NCPA is proceeding with Shell III. As PG&E has made it clear they do not plan to build any more transmission facilities at the Geysers, it is necessary for NCPA to investigate the costs of a third line from the Geysers area to assure that power can be transmitted from this project. In order to provide the necessary information to enable NCPA and its member cities to make timely decisions relative to the Geysers/Lakeville line buy-in as well as the construction of a third line for the Shell III Project, NCPA has proposed a Second Phase Agreement that will provide 1.6 million dollars to study alternatives and benefits of both lines and to apply for permits for the third line. He further stated the bottom line is dollars and cents for the City as PG&E's generation tie will increase ten times by 1998. The City Manager referred to the Second Phase Agreement and clarified it and its costs on a blackboard. Reg. Mtg. May 18, 1983 Page 4 327 Lengthy Council discussion followed with much confusion regarding the costs and how it appears they have gotton out of hand. There were indications that some Councilmembers still did not have the "Big Picture" regarding NCPA. Councilmember Myers was of the opinion that in spite of the confusion, the City is deeply committed and involved and further stalling would be a financial gamble. M/S: Dickens/Hickey to approve Resolution No. 83-66, Resolution of the City Council of the City of Ukiah Approving Agreement for Financing of Planning and Licensing Activities for Construction of Geysers Transmission Facilities, Second Phase Agreement, carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers NOES: Mayor Feibusch ABSENT: None RECESS: 8:45 p.m. RECONVENED: 8:55 p.m. 9d, Adoption of Ordinance No. 807 Re Keeping Fowl Within City Limits Mayor Feibusch read a letter received protesting the ordinance. M/S: Myers/Hickey to Adopt Ordinance 807 by title only carried by a unanimous voice vote. Charles Williams was recognized by the Council. He questioned if existing pens which are on the property line will be grandfathered in. City Manager explained that a City Policy Resolution allows existing non-conforming uses in annexed areas. Mr. Williams asked if roosters would be grandfathered in and was referred to the Planning Department. M/S: Myers/Kelley to adopt Ordinance No. 807, Ordinance of the City Council of the City of Ukiah deleting Division 5, Chapter 1, Article 1 and Adding Section 9182 to Article 16, Chapter 2, Division 9 of the City of UKiah Code (Keeping Fowl and other Animals in the City), carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None NEW BUSINESS 10a. Resolution No. 83-62 Establishing Rates for Golf Course Director of Parks and Recreation reviewed the proposed rate increases for the Golf Course which were recommended by the Parks, Recreation and Cultural Arts Commission. Councilmember Hickey opposed the punch card rate increase and felt it should remain at $50.00. Rowland Nielson, President of the Men's Golf Club, stated the Men's Golf Club was not opposed to the proposed rate increases. M/S: Hickey/Kelley to adopt Resolution No. 83-62, Resolution of the City of Ukiah Establishing Rates for the Municipal Golf Course, with the elimination of any rate increases for punch cards, carried by the following roll call vote: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None 10b. Matter of Agreement for Operation of Sun House/Museum City Manager reviewed the contractual agreement for the curator of the Sun House. He stated the contract is for an additional one year with 3.5% increase over the previous contract. M/S: Hickey/Kelley to authorize the Mayor and Clerk to sign the agreement carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None Reg. Mtg. May 18, 1983 Page 5 328 10c. Approval of Public Works Department Reorganization City Manager stated the need for an adjustment in the Public Works Department and felt the upcoming resignation of the Public Works Director presented an opportune time to propose the following changes: 1) The revised job description deleting utility responsibilities for the Director of Public Works/City Engineer at range 69 and adding it as an exempt Civil Service position; 2) That the City Council approve the new job description as a Civil Service exempt position for the Director of Electric Utility at range 66; 3) That the City Council approve revised job descriptions for the Electrical Distribution Engineer position at range 59; D) That the City Council authorize the abolition of the unfilled position of a Heavy Equipment Operator. Councilmember Dickens asked if the proposed Director of Electric Utility position would free the City Manager from so much NCPA involvement. City Manager stated he hoped it would. Mayor Feibusch felt it would be difficult to find qualified applicants at step "A". City Manager stated new employees could be brought in at Step "A", "B" or "C", depending on their experience. M/S: Hickey/Kelley to adopt the new revised description for Director of Public Works at range 69 as an exempt Civil Service position carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers NOES: Mayor Feibusch ABSENT: None M/S: Hickey/Kelley to adopt the new job description for the Director of Electric Utility at range 66 as a Civil Service exempt position carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers NOES: Mayor Feibusch ABSENT: None M/S: Hickey/Kelley to adopt the revised job description for the Electrical Distribution Engineer position at range 59 carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers NOES: Mayor Feibusch ABSENT: None M/S: Hickey/Kelley to abolish the position of Heavy Equipment Operator carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None 10d. TJKM Traffic Study/General Plan Circulation Element (Dickens) Councilmember Dickens recognized a traffic problem in Ukiah and requested that it be addressed frequently. She asked the City Manager for a report on which short range improvements have been done and which long range improvements were in progress. 10e. PG&E/City Contract Amendment, WAPA & TID Energy City Manager stated this is the formal document put together by PG&E and the City and has been negotiated with the assistance of City Attorneys. He recommended adoption of the resolution authorizing its execution. M/S: Kelley/Hickey to adopt Resolution No. 83-65, Resolution of the City Council of the City of Ukiah Authorizing Amending Agreement for Sale of Electric Capacity and Energy by Pacific Gas and Electric Company to the City of Ukiah, carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None I0f. EDA Grant (Request for Authorization to Hire Architect) Public Works Director stated Federal grants will be considered, under the Emergency Jobs Act, for such projects as water and sewer improvements, industrial park improvements, central business district improvements, etc. He Reg. Mtg. May 18, 1983 Page 6 329 noted that priority will be given to projects which can begin within six months and be completed within eighteen months. The grants may be up to 50% of the project with the balance provided by the applicant. He felt two possible projects which could be considered for grant funding are a building at the airport for possible FAA use and street and utility improvements for servicing the east side of the airport with connections to the proposed industrial park. As time is of the essence, he felt outside assistance would be necessary to develop schematic drawings and information required for the application. He requested Council approval to prepare grant requests for both projects and that the City Manager be authorized to engage outside assistance for application preparation as necessary. M/S: Kelley/Hickey to approve preparation of the grant for both projects and authorize the City Manager to engage outside assistance to prepare the project as needed, carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers NOES: Feibusch ABSENT: None Charles Williams was recognized and asked that solar be considered as an energy source. Mayor Feibusch felt the City was "sticking its neck out" without knowing what the returns will be. lOg. Set Date for Budget Hearings The following dates were set to meet from 4:00 p.m. to 6:00 p.m.: May 31; June 2; June 3; June 6; June 8 and June 9. 10h. Establish Date for Study Session Report on Lake Mendocino & Other Energy Pro~ects The study session was set for July 19, 1983 at 9:00 a.m. Each Councilmember is to submit questions to staff prior to the meeting. 10i. Resolution No. 83-63 Authorizing Amendment to WAPA Power Purchase Agreement for Westland's Withdrawable Energy. Public Works Director explained that WAPA was selling unused power to the City which was allocated for Westlands Irrigation District until the Irrigation District needed it for their pumping requirements. Westlands has now requested a portion of their allocation and former customers are reduced pro-rata to provide the amount Western needs. He stated the proposed amendment agreed with the Marketing Plan and the City's contract. He recommended adoption of the resolution and execution of the amendment on behalf of the City. M/S: Hickey/Kelley to adopt Resolution No. 83-63, Resolution of the City Council of the City of Ukiah Accepting Exhibit B for Withdrawal of Western's Power, carried by the following roll call vote: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None 10j. Matter of Appraisal of Assessor's Parcel #170-220-07 City Manager stated the Council previously discussed acquisition of Assessor's Parcel 170-222-80 for a possible street link. He noted that in order to determine its market value the parcel must be appraised. He stated the cost of the appraisal would not be over $500.00 and asked Council to authorize staff to hire an appraiser to do the appraisal and determine the parcel's market value. Councilmember Hickey felt the money could be better spent extending Main Street or Orchard Ave. M/S: Dickens/Kelley to authorize staff to hire an appraiser to perform an appraisal on Assessor's Parcel #170-220-07 carried by the following roll call vote: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: Councilmember Hickey ABSENT: None Reg. Mtg. May 18, 1983 Page 7 330 10k. Report and Recommendation on Bids Received, Sidewalk Replacement, School Street M/S: Hickey/Kelley to award the bid to Ready-Mix in the estimated amount of $28,922.50 contingent upon adjustment of quantities to reflect additional sidewalk replacement which would be reimbursed by the owners, at their option, carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None 101. Senior Citizen's Wine Tastin~ Councilmember Kelley stated the Senior Citizens are planning a Wine Tasting in the parking lot of the Savings Bank as a fund raiser during the Hometown Festival. M/S: Hickey/Kelley to approve a one-time permit to Senior Citizens for the wine tasting event. City Manager stated the Police Chief was very concerned about this and that the Ukiah City Code states there is to be no drinking in public streets, sidewalks or parking lots. City Attorney stated an emergency ordinance could be adopted to allow such an event with a permit. The above motion was withdrawn with consent of the second. M/S: Kelley/Hickey to introduce and adopt by title only, Ordinance No. 808 as an emergency measure carried by a unanimous voice vote. M/S: Kelley/Hickey to adopt as an emergency measure Ordinance No. 808, Ordinance of the City Council of the City of Ukiah Amending Section 6000 of Article 1 Chapter 1 of Division 7 of the Ukiah Municipal Code, Consumption of intoxicating Beverage, carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None 10m. Matter of SB142 Councilmember Dickens stated the League of California Cities has asked cities to oppose SB142 regarding State preemption of local control of signs, which the Senate has approved. She requested permission to request staff to oppose the bill in the form of a letter. M/S: Hickey/Kelley to authorize staff to write a letter of opposition to SB142 to the State on behalf of the City of Ukiah carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None 10n. Resolution No. 83-64 Amending Personnel Rules, Employees Not Eligible for Overtime Compensation (former 6c) Councilmember Kelley questioned which positions the resolution was adding. City Manager stated the Personnel Officer/Accountant and with the approval of the Director of Electric Utility earlier in the meeting, this position could be added. M/S: Kelley/Hickey to approve Resolution No. 83-64, Resolution of the City of Ukiah Amending Chapter 5, Section 1 of the City of Ukiah Personnel Rules, (Personnel Officer/Accountant and Director of Electric Utility) carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None CITY COUNCIL REPORTS Councilmember Dickens Reported that MTA cancelled the Jitney service for the summer with the exception of two trips a day, one at 8:00 a.m. coming in and 5:00 p.m. going out. Reg. Mtg. May 18, 1983 Page 8 331 Councilmember Hickey Questioned whether the letter from David Harrison regarding the stop sign on Grove and Pine was referred to the Traffic Safety Committee. He then referred to a letter from R.E.M.I.F regarding a lack of insurance coverage and exemption from liability for fire department rescue operations and as a point of information the Irish Beach Water District Board, of which he is a member, received letters of resignation from the volunteer firemen on that Board until this is resolved. Legislation is pending. Mayor Feibusch Reported he attended the Planning class given by Professor Ed Blakely and he later had a discussion with him which was refreshing and he was happy to speak with young future planners. He stated he has been asked repeatedly about the status of the Press Democrat news stands in front of the courthouse. City Manager stated a written report would be forthcoming. He was asked by constituents if a street light could be installed at the corner of Oak and Henry. He asked the City Attorney if the next meeting would be appropriate for the election of a Mayor and Vice Mayor, as Councilmember Kelley would not be present for the second meeting in June. City Manager suggested the election be held at the next meeting but that the appointments be effective June 22nd and the City Attorney stated that would be proper. Staff was instructed to put the matter on the agenda for the next meeting. ADJOURNED: 10:50 to executive session following the Redevelopment Agency meeting at which the following action was taken: M/S: Kelley/Dickens to concur with City Manager's intent to begin recruitment of a Fire Chief and keeping in mind the long term goal of the City Council carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: Hays Hickey ABSENT: None ADJOURNED: 12:55 a.m. Sandra Gutierrez Deputy City Clerk Reg. Mtg. May 18, 1983 Page 9