Loading...
HomeMy WebLinkAboutMin 10-29-82211 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - OCTOBER 20, 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, Kruth, Brosig, Tillotson, Melvin. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Riley gave the Invocation and Councilmember Myers led the Pledge of Allegiance. CHANGE IN AGENDA It was the consensus of Council that Agenda Item lld, oral report by NCPA, be considered before 10a, Shell Geothermal Generating Project #3. PROCLAMATIONS Mayor Riley stated that the Proclamations for Head Start Month and UNICEF Day had already been presented. APPROVAL/CORRECTION OF MINUTES M/S: Feibusch/Myers to approve Minutes of Regular Meeting of October 6, 1982 as amended. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None RIGHT TO APPEAL DECISION Mayor Riley reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. CONSENT CALENDAR M/S: Feibusch/Myers to approve Consent Calendar Items 7a-7c as follows: 7a. Payroll Warrants, #20554-20694, $68,513.73; 7b. General Warrants, #21047-21183, $654,808.44; 7c. Approved Report of Administrative Actions & Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None PETITIONS AND COMMUNICATIONS 9a. LETTER FROM BERT HINDS RE INSTALLATION OF CULVERT City Manager reviewed the background regarding the City's installation of a permanent culvert with the City receiving a permanent easement. It now appears there is one property owner that is not favorable to the project and is unwilling to sign the requested easement. Bert Hinds, 535 South Spring, proposed that the project proceed by bypassing the property of the neighbor who is not in favor of the project, build a retaining wall and leave her portion open. Director of Public Works was of the opinion that there would be problems in trying to maneuver the pipe through that area. In order to get the pipe through this area, the easement is needed. Discussion followed regarding the City's right of eminent domain in order to obtain the easement needed. Mayor Riley felt if the City were to pursue condemnation, the property owner should be notified by letter first. Reg.Mtg. 10/20/82 Page 1 212 Councilmember Feibusch asked if it were feasible to run the pipe up the westside of this property, put a headwall there and leave the ditch open? Public Works Director stated the if any changes occurred below the headwall in the channel, the City could be blamed for that condition. M/S: Kelley/Feibusch to refer subject matter to staff for report at Council's next meeting on eminent domain and other alternatives. Motion carried by unanimous voice vote. PUBLIC HEARING 8a. PROPOSED COOPERATION AGREEMENT WITH THE HOUSING AUTHORITY OF MENDOCINO COUNTY TO DEVELOP AND OPERATE A LOW INCOME HOUSING PROJECT City Manager stated that the Planning Director, in his memorandum of October 4, 1982, felt the agreement as proposed is appropriate for the City. City Attorney had, after review of the agreement, no objections to the lan- guage or terms contained within the contract. PUBLIC HEARING OPENED: No audience participation. PUBLIC HEARING CLOSED. M/S: Hickey/Kelley to enter into cooperation agreement with the Housing Authority of Mendocino County. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None PETITIONS AND COMMUNICATIONS 9b. LETTER FROM WARREN BLODGETT RE REMOVAL OF RESTRICTIONS OF PRIVATE TAXIS Warren Blodgett, 655 Espina, Lakeport, requested that Council consider, because of financial problems, removing the restrictions placed on him in the operation of his taxi service. He did not feel this would interfere with MTA and its Dial-A-Ride service; did not feel "pirating" would occur as he has a private answering service and the proposed limit of operation by MTA would make his taxi service impractical from a financial standpoint. Councilmember Kelley, MTA Board member, stated he would like to discuss this matter with the Board before any Council action. M/S: Kelley/Riley to continue this matter, together with consideration of City Attorney's memorandum, to Council's next meeting. Motion carried by unanimous voice vote. UNFINISHED BUSINESS lld. ORAL REPORT BY NCPA ON SHELL II PROJECT Roger Fontes, Manager of Engineering and Planning, NCPA, reviewed in detail a chart showing comparison of busbar costs of energy utilizing geothermal resources. He pointed out that adoption of Shell Project #3 ordinances would provide NCPA with alternate financing schemes for flexibility in financing the project. Discussion followed regarding overall costs for NCPA Project Nos. 2 and 3. Mr. Fontes gave a report on the recent accident to counteract news media statements. Councilmember Kelley requested that a copy of OSHA's report be provided. 10a. MATTER OF SHELL GEOTHERMAL GENERATING PROJECT #3 1. ADOPT ORDINANCE NO. 794 Reg. Mtg. 10/20/82 Page 2 213 M/S: Hickey/Myers to adopt Ordinance No. 794 by title only. Motion carried by unanimous voice vote. M/S: Hickey/Myers to adopt Ordinance No. 794 authorizing the issuance of public power revenue bonds by Northern California Power Agency (Geothermal Generating Project Number 3). Discussion with Mr. Fontes was had regarding "take or pay" agreement, estimat- ed costs for Project #3, PG&E plant #20 costs, and that the proposed ordi- nances are required by California law for public bonds secured by publicly held utilities. Motion carried by the following roll call vote: AYES: Kelley, Hickey, Myers, Riley NOES: Feibusch ABSENT: None 2. ADOPT ORDINANCE NO. 795 M/S: Hickey/Myers to adopt Ordinance No. 795 by title only. Motion carried by unanimous voice vote. City Manager clarified that passage of this ordinance would provide financing flexibility and was not designed to pay back DOE. M/S: Hickey/Myers to adopt Ordinance No. 795 authorizing the issuance of notes by Northern California Power Agency (Geothermal Generating Project Number 3). Motion carried by the following roll call vote: AYES: Kelley, Hickey, Myers, Riley NOES: Feibusch ABSENT: None 3. ADOPT ORDINANCE NO. 796 M/S: Hickey/Myers to adopt Ordinance No. 796 by title only. Motion carried by unanimous voice vote. M/S: Hickey/Myers to adopt Ordinance No. 796 authorizing the issuance of public power revenue refunding bonds by Northern California Power Agency. Motion carried by the following roll call vote: AYES: Kelley, Hickey, Myers, Riley NOES: Feibusch ABSENT: None 4. ADOPT ORDINANCE NO. 797 M/S: Hickey/Myers to adopt Ordinance No. 797 by title only. Motion carried by unanimous voice vote. M/S: Hickey/Myers to adopt Ordinance No. 797 approving the terms and conditions of Amendment No. Two to the Member Agreement (second phase) for financing and development activities of the Shell East Block Geothermal Project between Northern California Power Agency and certain participating members and authorizing the execution of and delivery of said amendment by officers of the City of Ukiah. Motion carried by the following roll call vote: AYES: Kelley, Hickey, Myers, Riley NOES: Feibusch ABSENT: None RECESS: 8 P.M. - RECONVENE: 8:12 P.M. NEW BUSINESS lla. PRESENTATION BY DR. BILL MATHIS RE COUNCIL WORKSHOP Dr. Bill Mathis provided Council with a background of work performed by his consulting firm to public agencies, including counties and cities. It was his opinion that a workshop would provide a means for councilmembers to work more effectively in presenting their viewpoints. The workshop would not deal with decision making matters, but the process involved in making those decisions. He proposed the following process: two day retreat, open to the public, to enable councilmembers to be away from telephones and distractions; Mathis & Reg. Mtg. 10/20/82 Page 3 214 Associates would attend three Council meetings prior to the retreat to gain actual experiences with the Council; each Councilmember would meet with one of Mathis & Associates' facilitators to discuss specific concerns or topics prior to the retreat. He further recommended that the first day involve only Councilmembers and the City Manager. The second day selected staff members could be included. Councilmembers Hickey and Myers and Mayor Riley expressed their support of a workshop; Councilmember Kelley, although in favor of any idea to improve communications, was not sure this proposal would or would not do that; Councilmember Feibusch was opposed to any workshop because he is responsible to his constituents. No action was taken by Council. Mayor Riley thanked Dr. Mathis for his presentation. llb. ACCEPTANCE OF AUDIT REPORT 1981-82 Emmett Jones, City auditor, presented the audit to Council and thanked staff for their help in the preparation of this document. He further stated he was available at any time to answer any questions. In answer to Councilmember Feibusch's concern relative to time allocation for various personnel, Mr. Jones stated the audit dealt not with internal controls but with financial statements. He was of the opinion that this matter should be dealt with during budget hearings. Mayor Riley complimented Mr. Jones on a job well done. M/S: Hickey/Feibusch to accept the Audit Report for 1981-82. Motion carried by unanimous voice vote. llc. DISCUSSION RE MURALS City Manager referred to the Planning Director's memorandum of October 15, 1982 wherein it is recommended that Council discuss murals after the Planning Commission has completed its review of the Sign Ordinance. Councilmember Feibusch requested that the Planning staff be instructed to schedule discussion of the Sign Ordinance earlier in the Planning Commission's meetings. Councilmember Kelley felt the Planning Commission and staff should decide agenda matters in the order in which they are filed. Mayor Riley asked that it be suggested that Sign Ordinance discussion be held earlier on the agenda. M/S: Hickey/Kelley to continue subject matter for completion of Sign Ordinance discussion by Planning Commission and their recommendations forwarded to Council. Motion carried by unanimous voice vote. lle. RESOLUTION OF INTENT TO APPROVE AMENDED PERS CONTRACT llf. INTRODUCTION OF ORDINANCE AUTHORIZING AMENDMENT TO PERS CONTRACT City Manager stated the City entered into a Memorandum of Understanding, an action which authorized the withdrawal of City employees from the Social Security system by vote; the employees have voted to withdraw from Social Security and to include certain other items within their PERS benefits which are as follows: 2% @ 60 full formula (due to Social Security termination); 2% @ 50 full formula (due to Social Security termination); Section 20024.2 (one year final compensation); Section 20862.8 (credit for unused sick leave); Sections 21263/21263.1 (post-retirement survivor allowance); Sections 21380-87 (1959 Survivors Program); for local miscellaneous and local safety members. Local miscellaneous members rate without optional benefits would be 15.484%; the new rate is 20.786% and the change in cost of the optional benefits and unpooling is 5.302% (20.786% - (15.484%). The rate for local safety members without optional benefits would be 24.448%; the new rate is 36.902% and the Reg.Mtg. 10/20/82 Page 4 215 change in cost of the optional benefits is 12.454% (36.902% - 24.448%). These percentage rates would be applied to the most current payroll figures for the next 12 months to compute the dollar amount. The percentage increase is a projected acturial rate to the year 2000, but, as the contract reads, the employer rate is subject to change with future amendments and/or experience and other factors. M/S: Myers/Hickey to adopt Resolution No. 83-31 of intention to approve an amendment to contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Ukiah. Motion carried by the following roll call vote: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None M/S: Myers/Hickey to introduce Ordinance No. 799 by title only. Motion carried by unanimous voice vote. M/S: Myers/Hickey to introduce Ordinance No. 799 authorizing an amendment to the contract between the City Council and the Board of Administration of the California Retirement System. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None 13. CITY COUNCIL REPORTS Councilmember Feibusch referred to the award of bid to Sanderson Ford for a pickup and recommended that local agencies be considered, when the difference between bids is minimal, based on tax dollars paid to the City. He felt the City had the authority not to award the bid to the lowest bidder. Councilmember Feibusch felt the policy whereby agenda material must be submitted with the packet should be enforced. Councilmember Feibusch referred to placement of the Press Democrat newspaper racks on the sidewalk and the fact that a request to place a flower cart on the sidewalk had been denied; he asked that this matter also be incorporated in staff's report on the newspaper racks. Councilmember Feibusch questioned the amounts charged by employees on trips for meals; he requested that this be discussed for establishing a limit on cost of meals. Councilmember Kelley reported on his trip to the Geysers; specifically, the safety factor, i.e., the incredible amount of nuts and bolts on the third level catwalk; but felt that the operation was consistent with any operation starting up. Councilmember Myers requested that City Manager investigate whether the weatherization program is still available and get that information out to the public. Councilmember Myers asked if, as a requirement of the Airport Commission, a person could not be a FBO operator? He requested that a report be made to Council on this matter. Mayor Riley stated her appreciation for the work being done by Linda Wickert with the elementary school students at the Sun House. Mayor Riley stated that with the consensus of Council, the last Council meeting in December would be cancelled. It was the consensus of Council that this meeting be cancelled. Mayor Riley felt a meeting should be scheduled to establish Council goals and for evaluating the City Manager. Mayor Riley reported on her attendance at the League meeting she attended with sessions on redevelopment agencies, city/county conflicts, updates on housing Reg.Mtg. 10/20/82 Page 5 216 and the Brown Act. She requested that a discussion of the Brown Act be agendaed in the near future. ADJOURNMENT - 9:23 P.M. - to Executive Session regarding potential litigation. City Council reconvened at 9:56 and took the following action: RESOLUTION APPROVING BILATERIAL ESCROW WITH PG&E City Manager referred to the dispute between PG&E with the City of Ukiah regarding the purchase of power through NCPA from Bonneville. He further stated passage of this resolution would establish an escrow account for the Bonneville purchases only. M/S: Hickey/Feibusch to adopt Resolution No. 83-32 approving bilateral escrow with PG&E. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None ADJOURNMENT - 9:58 P.M. Mary Melvin Deputy City Clerk Reg. Mtg. 10/20/82 Page 6