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HomeMy WebLinkAboutmin 12-01-82231 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - DECEMBER 1, 1982 The City Council convened in regular session at 6:30 p.m. in the City Council Chambers. Roll call was taken and the following Councilmembers were present: Feibusch, Kelley, Hickey, Myers, Riley. Staff present: Payne, Orchard, Beard, Harris, Tillotson, Stamelos. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Hickey gave the Invocation and Councilmember Feibusch led the Pledge of Allegiance. ADDITION TO AGENDA M/S: Myers/Hickey to add under Petitions and Communications the request from the Ukiah Community Center for the participation of the Councilmembers to ring the bell for the Salvation Army, was passed by a unanimous voice vote. APPROVAL/CORRECTION OF MINUTES M/S: Myers/Hickey to approve Minutes of Regular Meeting of November 17, 1982 as amended. Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None RIGHT TO APPEAL PROCESS Mayor Riley reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. CONSENT CALENDAR Councilmember Feibusch requested that Items 6b and 6e be pulled. M/S: Myers/Kelley to approve Consent Calendar Items 6a, 6c, 6d, 6f, 6g and 6h as follows: 6a. Payroll warrants #20970-21106, $70,671.68 6c. Claim for damages, James & Carol Rash, 720 S. Oak, deny and refer to insurance carrier 6d. Claim for damages, Linda Brockway, 504-B Low Gap Road & C.D. Keath, 1601 E. Hill Rd., Willits, deny and refer to insurance carrier 6f. Set date of Wednesday, 1/12/83, 4:00 p.m. for City Council goal setting meeting 6g. Approved Report of Administrative Actions and Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley. PETITIONS AND COMMUNICATIONS 7a. REQUEST FROM UKIAH COMMUNITY CENTER FOR COUNCILMEMBERS TO RING THE BELL FOR THE SALVATION ARMY Don Eller, Director of the Ukiah Community Center requested that the Councilmembers participate in ringing the bell for the Salvation Army during the Christmas season. The proceeds go to the Emergency Action Team that will feed over 200 people. M/S: Myers/Kelley for the Councilmembers to take turns ringing the Salvation Army bell on December 20, for two hours each carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None UNFINISHED BUSINESS 8a. CONSIDERATION OF NEGATIVE DECLARATION AND ADOPTION OF RESOLUTION, GENERAL PLAN AMENDMENT 1982-C Planning Director stated that at the last meeting Council conducted public hearings regarding General Plan Amendment 1982-C and reviewed action taken. He Reg. Mtg. 12/01/82 Page 1 232 stated that if there are no other modifications, that Council find the Negative Declaration adequate and complete and adopt the resolution. In discussion Councilmember Feibusch referred to the costs for advertising on projects such as this, and asked if it is necessary. City Attorney stated that there could be some summarization of advertising with the direction of Council, however, in some instances it may not be practical. He would like to look into the matter further and see what type method could be worked out. M/S: Kelley/Hickey to find the Negative Declaration adequate and complete. After the motion Mayor Riley stated that she did not agree with one of the land use changes, but would support the motion. The Motion was passed by the following roll call vote: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None M/S: Myers/Kelley to adopt Resolution No. 83-38 adopting General Plan Amendment 1982-C. Motion carried by the following roll call vote: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None 8b. BID AWARD, CITY HALL PAINTING City Manager stated that the painting project has gone to bid again and the bidders were supplied with the sections of the code that would allow them to bid at a lower pay scale if their bid was within the State law limit of $1,000. He also stated that if Council wishes to proceed on the bid, they are required to authorize a transfer from the Contingency Fund as this is not a budgeted item. Councilmembers Myers abstained from voting due to a conflict of interest. M/S: Hickey/Kelley to accept the bid of Jim's Custom Painting in the amount of $1,604.00 Motion carried by the following roll call vote: Feibusch, Kelley, Hickey, Riley NOES: None ABSENT: None ABSTAIN: Myers M/S: Hickey/Kelley to approve the transfer of funds from the Contingency Fund by unanimous voice vote. City Manager will supply Council with different colors for their selection. 8c. SET DATE FOR STUDY SESSION, POLICE & FIRE DEPARTMENTS City Manager stated that before discussion of the proposed consolidation of the Police & Fire Departments can proceed, there are items occurring that need to have action taken, and suggested that a time be set for a study session. Councilmember Feibusch commented that he had looked into other areas that have consolidated and spoke to other people, and he has come to the conclusion that it takes the complete support of all people involved to make it work. He would like the issue dropped since he feels that staff and all information that he has received from staff has been negative. City Manager responded that staff fulfilled its obligation to Council by indicating that there are always difficulties when you implement a Public Safety Department. Staff is not opposed to it, and he assured all members of the Council that if they want to implement a PSD it will get implemented. Mayor Riley indicated she would not want to see the matter dropped at this time but would like the subject brought up in the goal setting session on January 12, 1983. Councilmembers Hickey and Myers concurred. Councilmember Feibusch pointed out there may be a vacancy for the Fire Chief position and the City manager does need some direction on this matter. City Manager assured Council that he would not begin recruitment for a Fire Chief before the goal setting session. Reg. Mtg. 12/01/82 Page 2 233 8d. APPROVAL OF ALTERNATE PROPOSAL, PCB DISPOSAL Maurice Roper reported that Council had made a decision on this matter at the September 15th meeting, however in the meantime a proposal has been made by Chemical Waste Management Company of Santa Clara which would remove the City from any responsibility. The company will remove materials from Ukiah and process them according to EPA requirements with eventual disposal in an approved hazardous waste disposal area at a cost of approximately $53,000. There was discussion regarding prior commitment to SUNOHIO. It was reported that we are not committed to SUNOHIO and they are aware of the situation. M/S: Hickey/Kelley to accept the proposal of Chemical Waste Management Company in the amount of $52,900.63 and rescind the previous authorization of SUNOHIO. Motion carried by the following roll call vote: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None 8e. MATTER OF VEHICLES ON STREETS, 72 CONSECUTIVE HOURS OR MORE City Manager pointed out how the Police Department handles parking citations and the number issued in 1981 and so far in 1982. The Police Department recommends that Council maintain the present parking ordinance. City Attorney stated the period of time for street parking is totally within the Council's discretion. Council concerns related to the need to contact the vehicle owner prior to putting a violation sticker on the vehicle and the need to prevent the potential of vehicles on the streets over extended periods of time. Council determined that the parking rules are adequate and that the Police Department use discretion in issuing violation stickers as it pertains to subject matter. NEW BUSINESS 9a. MATTER OF BERT HINDS CULVERT INSTALLATION (FEIBUSCH) Councilmember Feibusch stated he requested that this matter be placed on the agenda due to the tie vote when previously considered. He visited the site during the heavy rains and noted a heavy runoff. There is a structure one foot from the creek and there is erosion. His question was will the City have more problems if this structure starts sliding down the creek? Can Mr. Hinds be told that a culvert will go in, due to the possible damage to his structure? M/S: Feibusch/Riley that the City investigate eminent domain. Councilmember Hickey recapped the issue by stating that the City would put in the pipe and pay for the labor if the property owner would furnish the pipe and execute the required easements. Since all easements cannot be executed this project has grown into an expensive project for the City. His recommendation would be that the City be the lead agency for eminent domain, but the cost of the proceedings be that of the land owners. He was not willing to put this type of precedent on the City of Ukiah. The City Attorney stated this could be a reasonable solution if the property owners are willing to bear the expense. The maker of the motion, with the consent of the second, amended the original motion to the extent that the property owners agree to pay all costs associated with eminent domain. The original motion as amended carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None 9b. MATTER OF ACCOUNT NUMBERS APPEARING IN TABLE OF CONTENTS OF NEXT FISCAL BUDGET M/S: Feibusch/Hickey to add the account numbers to the table of contents of the next fiscal budget. Reg. Mtg. 12/01/82 Page 3 234 City Manager stated that 90% of what is requested can be done by putting in the general code numbers, however there will be a portion that will have to be referred to in the code book. Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley. NOES: None ABSENT: None 9c. MATTER OF PLANNING FEE SCHEDULE Planning Director pointed out that subject fees have not been adjusted since 1964. City Council discussion related to staff time spent in processing the various applications, how much time was required for the General Plan Amendments compared to other fees charged. Planning Director stated that the higher costs related to staff time and additional noticing that is required. Councilman Myers felt there should be some fee charged for the General Plan Amendments but is not willing to escalate any other fees. Mayor Riley felt that the costs should be reflected on a break even basis, but not discourage anyone from building in the City. City Manager pointed out that on the fee schedule provided the City of Ukiah is the lowest in every case. M/S: Riley/Kelley staff to prepare a resolution to raise fees for General Plan Amendments and to adjust fees for a zone change more nearly matching the estimated City costs. Motion carried with the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey NOES: Councilmember Myers ABSENT: None 9d. MATTER OF USE OF COUNCIL CHAMBERS FOR OFFICE SPACE City Manager gave information and costs on the utilization of the Council Chambers for office space. The School District has made their facilities available for Council meetings. It was pointed out that making this change would not solve all the existing problems. Councilman Feibusch requested that this matter be tabled pending bid results regarding the Yokayo School Site structural evaluation. M/S: Feibusch/Kelley tabled further consideration of use of Council Chambers for office space until the second meeting in January. Carried by unanimous voice vote. MAYOR RILEY DECLARED A 10 MINUTE RECESS AT THIS POINT IN THE MEETING 9e. DISCUSSION OF BROWN ACT M/S: Hickey/Kelley that discussion of the Brown Act be continued until January 19th. Carried by unanimous voice vote. 9f. CONSIDERATION OF CONTRACT WITH CHEVRON FOR AVIATION FUEL - PURCHASE OF FUEL FACILITIES AT AIRPORT Assistant Director of Public Works stated that Chevron has requested to continue the supply contract with the City but not the land lease agreement in as much as Chevron wants out of the leasing business. Questions were raised in discussion as to the cost, age of the tanks, cost of equipment and the life span of the tanks. Mr. Beard stated that there is no way to verify the condition of the tanks, but at the present time there are no leaks in the tanks or in the pumping. The life span is approximately 30 years. New installation of tanks would be between $17,000 to $25,000. Councilman Kelley expressed concern about the condition of the 15 year old tank, and requested that a pressure test be made. M/S: Feibusch/Kelley to concur with the concept of entering into an agreement with Chevron U.S.A., direct staff to determine the condition of the 15 year tank, and Reg. Mtg. 12/01/82 Page 4 235 prepare an agreement to purchase Chevron facilities at a rate of $0.02 per gallon. Motion was passed with the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None Mayor Riley stated that the agreements will come back to the Council. 9g. SET DATE FOR CONSIDERATION, LAKE MENDOCINO PROJECT (12/6/82) City Manager stated that Staff is now prepared to conduct a study session on the financing plan for the public supported Lake Mendocino Project. The date of December 8th at 4:00 p.m., in the Council Chambers was set. Additional information on the project will be supplied prior to the meeting. 9h. AMENDMENT OF CONSULTANT'S CONTRACT, MACDOUGALL, RE CLEARZONE Assistant Director of Public Works stated that staff has negotiated an amendment to the original contract with Mr. MacDougall to accomplish the work necessary to complete the next phase of this project. In discussion there was some question of Mr. MacDougall's price being doubled. It was explained that in 1968 Mr. MacDougall's price was extremely low. His price in the amendment is still less than some of the 1968 proposals, and his work has been satisfactory. The money for the project will be paid out of the grant fund, with the City being reimbursed 90% of Mr. MacDougall's cost. M/S: Feibusch/Kelley to accept the amendment of the contract was carried with the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None 9i. MATTER OF BID ON AERIAL LADDER TRUCK City Manager presented a request from the Fire Department to bid on a ladder truck that is for sale by the City of Rialto. They are requesting a bid of $38,000 contingent on inspection of the ladder truck prior to the bid. M/S: Myers/Hickey to follow staff's recommendation on the bid for the ladder truck. Motion carried by the following roll call vote: AYES: Councilmember Hickey, Myers, Riley NOES: Councilmembers Feibusch, Kelley ABSENT: None 9j. INTRODUCTION OF ORDINANCE APPROVING LEASE PURCHASE AGREEMENT, REDWOOD EMPIRE FINANCING AUTHORITY City Manager introduced Mr. Roy Nelson of Imperial Municipal Services Group of San Francisco who spoke on the issue of the $600,000 waste water treatment plant. He stated the concept that was initiated with Merrill Lynch was to put together an agency to allow cities to lease purchase at substantial savings or finance projects that otherwise could not be financed. The concept allows the City to take their portion of the project and go out into the municipal bond market which will afford the City a substantially lower interest cost. City Manager stated that a first reading of the ordinance could be done if the Council felt comfortable with the information they have received. It still would allow time before a second reading of the ordinance before the matter is finalized. City Council expressed a need for the project description and schedule of lease payments. City Council determined that any further discussion on the Lease Purchase Agreement be postponed to December 8th at 4:00 p.m. 9k. GENERAL WARRANTS (formally 6b) Councilmember Feibusch questioned the purchase from Shape Inc. for parts for a barminutor, and wondered why it was extra for the waste treatment project. The City Manager will have the information available to the City Council. Reg. Mtg. 12/01/82 Page 5 236 M/S: Feibusch/Kelley to approve the General Warrants: #21392-21473, $247,472.24 #20970-21106, $70,671.68 Motion carried by the following roll call vote: AYES: Councilmember Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None 91. RESOLUTION AUTHORIZING STEP ADJUSTMENT, CITY MANAGER Councilman Feibusch stated Council voted a 5% increase. In his opinion subject matter should not be stated as a step adjustment. M/S: Feibusch/Hickey to adopt Resolution No. 83-37 Amending Employment Conditions of the City Manager. Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None CITY COUNCIL REPORTS The sub-committee reported on the Problems relating to T.K. Mining Co. Councilmember Feibusch stated the committee was unable to arrive at a solution. The only questionable thing was whether a restaurant will be put into the establishment as proposed. Mrs. Sousa, 602 N. State St., stated that her main complaint is excessive noise of music and cars leaving in the early morning hours. She requested that the ordinance decibels be lowered so she could get a night's sleep. Tony Romelli, 585 N. State St., stated there will be a restaurant. He said that additional insulation has been added and there are plans to put in an entry way into the building to serve as a noise buffer. He agrees that there are problems on the outside, and he is making plans to control the parking problems. Mr. Hughey suggested that before any other business is permitted to open in the City that the Council should look into what requirements should be met. City Manager reported that he had talked to the Police Chief and they are providing surveillance and will continue to do so. Mayor Riley announced the lighting of the Christmas lights on December 6th at 7:00 p.m. and the City employees dance on December lOth. Mayor Riley stated Mexico's president, President Miguel de la Madrid's report is on file in the City Manager's office. ADJOURNED 9:00 p.m. to Wednesday, December 8th at 4:00 p.m. for discussion of the Lake Mendocino Project and the Ordinance approval for the Redwood Empire Financing Authority. Nancy Stamelos Deputy City Clerk Reg. Mtg. 12/01/82 Page 6