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HomeMy WebLinkAboutMin 09-15-82190 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - SEPTEMBER 15, 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, Harris, Hassler, Tillotson, Roper, Melvin. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Councilmember Feibusch and Councilmember Myers led in the Pledge of Allegiance. PROCLAMATIONS Mayor Riley proclaimed the week of September 17 through 23, 1982 as Constitution Week. Mayor Riley proclaimed the week of September 19 through September 25, 1982 as Emblem Club Week and presented the proclamation to Helen Riley of the Emblem Club. Mayor Riley proclaimed the week of September 19 through September 25, 1982 as Business Expo Week and presented the proclamation to Kathy Davidson and Jim Shupe. APPROVAL/CORRECTION OF MINUTES M/S: Feibusch/Myers to approve minutes of August 27, 1982. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None M/S: Feibusch/Myers to approve minutes of September 1, 1982. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Myers, Riley NOES: None ABSENT: None ABSTAIN: Hickey M/S: Hickey/Feibusch to approve minutes of September 7, 1982. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Riley NOES: None ABSENT: None ABSTAIN: Myers RIGHT TO APPEAL Mayor Riley reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. CONSENT CALENDAR City Manager requested that Item 7d be pulled; Councilmember Kelley requested that Items 7c and 7e be pulled. M/S: Myers/Hickey to approve Consent Calendar Items 7a and 7b as follows: 7a. Payroll Warrants, #20124 - #20268, $68,155.90; 7b. General Warrants, #20823 - #20927, $500,901.93. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None Mayor Riley stated that Consent Calendar Item 7d, 7c and 7e would be considered under New Business. UNFINISHED BUSINESS 10a. REPEAL RESOLUTION 82-2 AND ADOPT NEW RESOLUTION RE MOBILE HOMES Reg. Mtg. 9/15/82 Page 1 191 M/S: Feibusch/Myers to continue subject matter to Council's October 6, 1982 meeting. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None 10b. REPORT REGARDING MAINTAINING CITY'S ISO RATING City Manager stated that the Acting Fire Chief's memorandum indicates specific ways to improve the Fire Department and to maintain a Class 3 rating. Item 4 is felt to be crucial in that an additional 4+ credits could be received by acquisition of a ladder truck. An aerial ladder truck is currently available in New York for approximately $30,000; additional costs would be incurred to ship it from Long Island and to equip it to ISO standards. The total cost is estimated to be $40,000. In answer to a question regarding time line to increase the rating and appeal process, City Manager stated, after a program is devised, the City officially has 1 to 2 years to fully comply and that there is no appeal process. Councilmember Feibusch was of the opinion, after discussion with his insurance broker, that an appeal process is available. He further stated that he was not ready to spend $38,000 for a piece of equipment that, in his opinion, would be rarely used. He suggested that the City look into insurance coverage similar to that provided to the City by REMIF. Councilmember Kelley was of the opinion that during the two years available, money should be budgeted for equipment and other proposals considered. He suggested that conversion to a ladder truck of existing equipment be considered. Councilmember Myers felt it was important, aside from a number rating, that the City be safe in relation to fire protection and safety of Ukiah citizens; he questioned the need for a ladder truck and felt more information and a description of the available ladder truck was necessary. City Manager stated that purchase of large equipment is budgeted and was of the opinion that Council must determine whether to buy a fast attack pumper as indicated in the past or a piece of equipment that ISO says is important for life safety, necessary and important for putting out major fires. He further stated that an existing truck could be converted to a ladder truck but felt it could be more expensive to do this. Gene Hassler, Acting Fire Chief, stated that although ISO is not a regulatory agency, it does have control over the City economically. He stated that ISO feels the City needs a ladder truck and was of the opinion that the City could use one. He felt if the City wants to maintain a Class 3 rating, it will have to comply with ISO standards. He was of the opinion that the use of the ladder truck for one fire in ten years would pay for the truck. He stated there is no appeal process. In answer to a question regarding change in ISO requirements, Acting Fire Chief stated that ISO is very independent and specific areas of concern ten years ago are not concerns now. Discussion followed regarding a need for a thorough investigation, establishing a program to maintain the Class 3 rating and review of options available. M/S: Hickey/Feibusch to accept staff report and set a study session for September 21, 1982 at 4 P.M. The following information was requested by Councilmembers for the study session: 1) can an existing truck be converted; 2) will ISO give points for a fast attack pumper; points available for training fire fighters. Reg. Mtg. 9/15/82 Page 2 192 Councilmember Feibusch asked if Ira Brannon, representative, could attend the study session. objection to his attending. the City's REMIF Councilmembers had no Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None PUBLIC HEARING 8a. APPEAL OF PLANNING COMMISSION DENIAL OF VARIANCE NO. 83-08, GLEN WHITE, TO CONVERT GARAGE TO LIVING AREA, 791 MYRON COURT Planning Director stated Mr. White is appealing the decision of the Planning Commission in its denial of a variance to convert a garage to living area. He stated that conversion would violate the Zoning Ordinance which requires two onsite parking spaces, although the use permit for the Hunt project allowed one covered space and one additional space in the driveway. He pointed out that the entire parking situation in the project is critical and conversion would intensify the parking problems. He stated that applicant does have a health problem but conversion of the garage to living area may not be a solution as there is only a half bath on the first floor and it may be necessary to utilize the stairs to the second floor. He also noted that the request is in violation of the project's CC&Rs which stipulate that the garage shall be retained for storage of motor vehicles. PUBLIC HEARING OPENED: Glen White, applicant, stated his home is on a corner lot by the creek. He stated he only has one car which does not fit in his garage and he does not use his garage for that purpose. He presented to Council a letter signed by 50 of the 66 people in the neighborhood stating that they do not use their garages for parking. He referred to the letter from his doctor stating his medical condition. He stated he has trouble climbing stairs and did not know his medical condition would worsen when he purchased his home. In answer to a question regarding who lived with applicant, applicant stated his son does live with him but that he does not own a car. Karen Dunsing stated the petition also states that Mr. White does need to live in a bedroom downstairs. PUBLIC HEARING CLOSED. Discussion was had regarding the use of the additional 2' for driveway parking area to provide parking for two vehicles as the proposed zoning ordinance does away with the requirement for covered parking. Planning Director stated that if an additional 2' were paved, there would be concern throughout the entire project in regard to landscaping. He expressed concern with the legal conditions of the use permit which provide one space in the driveway and one in the garage and is a requirement for this planned development. City Attorney stated he would need to review the use permit and City Code. Concern was expressed regarding granting of the appeal setting precedent and if approval could be based on a medical condition. M/S: Hickey/Feibusch to continue appeal of Planning Commission denial of Variance No. 83-07, Glen White for City Attorney opinion to next Council meeting of October 6, 1982. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None PETITIONS AND COMMUNICATIONS 9a. LETTER FROM CDC RE ARTICLE XXXIV, LOW RENT HOUSING Roy Tindell, CDC, requested Council to adopt a resolution calling for a public hearing to consider adopting a cooperation agreement between the City Reg .Mtg. 9/15/82 Page 3 193 and CDC as a step toward applying for funding from the Department of Housing and Urban Development in accordance with the Article XXXIV referendum. In answer to a question regarding if the funds being applied for were CDBG funds, Mr. Tindell stated that they were not CBVC funds but a separate low income housing program. City Manager felt the legal question regarding the necessity of specific approval of specific sites under Article XXXIV must be addressed. Mr. Tindell stated, in past projects, CDC has worked closely with city councils in approving sites. City Manager recommended that the resolution not be adopted unless it is required by law. Mr. Tindell stated the resolution is part of the application process. M/S: Kelley/Myers to adopt Resolution No. 83-21 calling for a public hearing on a proposed cooperation agreement with the Community Development Commission of Mendocino County and providing for the giving of public notice of said hearing. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None M/S: Hickey/Myers to send the Cooperation Agreement to the City Attorney for review. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None City Manager requested that copies of cooperation agreements that CDC has with other agencies be furnished for Council's review. 10c. INTRODUCTION OF ZONING ORDINANCE M/S: Myers/Kelley to introduce Ordinance No. 793 by title only. Motion carried by unanimous voice vote. M/S: Myers/Kelley to introduce Ordinance No. repealing Chapter 2 of Division 9 of the Ukiah Municipal Code and adopting new Chapter 2, Division 9, Zoning. Councilmember Feibusch requested that an index be provided to precede the zoning section of the City Code. He referred to page 49, line 21, and requested that the letter "B" be changed to "C". Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None RECESS: 8:58 P.M. UNFINISHED BUSINESS 10d. MATTER OF SHELL GEOTHERMAL GENERATING PROJECT #3 Ae INTRODUCTION OF ORDINANCE AUTHORIZING ISSUANCE OF PUBLIC POWER REVENUE BONDS BY NCPA 2. INTRODUCTION OF ORDINANCE AUTHORIZING ISSUANCE OF NOTES BY NCPA Be INTRODUCTION OF ORDINANCE AUTHORIZING ISSUANCE OF PUBLIC POWER REVENUE REFUNDING BONDS BY NCPA e INTRODUCTION OF ORDINANCE APPROVING TERMS AND CONDITIONS OF AMENDMENT NO. 2 TO MEMBER AGREEMENT (SECOND PHASE) FOR FINANCINC AND DEVELOPMENT ACTIVITIES OF SHELL EAST BLOCK GEOTHERMAL PROJECT BETWEEN NCPA AND CERTAIN PARTICIPATING MEMBERS AND AUTHORIZING EXECUTION OF AND DELIVERY OF SAID AMENDMENT BY OFFICERS OF CITY OF UKIAH City Manager stated that NCPA cannot issue debt for a project unless participants in the project each approve an ordinance authorizing issuance of such debt. NCPA would like the flexibility to finance the East Block project by using several financing options. He also pointed out that Reg.Mtg. 9/15/82 Page 4 194 ordinance No. 4 changes the project from 60 megawatts up to 110 megawatts because of the additional steam found. Council discussed the following issues: interest rate has not been negotiated yet; approval of Shell Project 2 obligated the City to go into Shell Block 3 project provided Shell #3 developed enough steam to warrant further development; the highest rate paid to PG&E by the City was 64-65 mills; passing proposed ordinance authorizes borrowing of money by NCPA and does not obligate the City on a take or pay basis; clarification of geothermal generating units 3 and 4 being Shell East Block #3 and the additional steam found being No. 4; concern with estimate and actual cost of project due to inflation; concern that this project not be another RFL project and run out of steam. City Attorney was of the opinion that the financing of the project was in line and expressed support of bond counsel requirements for financing East Block project. M/S: Hickey/Myers to introduce Ordinance No. 794 by title only. Motion carried by unanimous voice vote. M/S: Hickey/Myers to introduce Ordinance No. 794 authorizing the issuance of public power revenue bonds 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 M/S: Hickey/Myers to introduce Ordinance No. 795 by title only. Motion carried by unanimous voice vote. M/S: Hickey/Myers to introduce Ordinance 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 M/S: Hickey/Myers to introduce Ordinance No. 796 by title only. Motion carried by unanimous voice vote. M/S: Hickey/Myers to introduce 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 M/S: Hickey/Myers to introduce Ordinance No. 797 by title only. Motion carried by unanimous voice vote. M/S: Hickey/Myers to introduce 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 10e. INTRODUCTION OF ORDINANCE (CALAVERAS 3RD PHASE) APPROVING TERMS AND CONDITIONS OF MEMBER AGREEMENT BETWEEN NCPA & CERTAIN PARTICIPATINC MEMBERS AND AUTHORIZING EXECUTION OF AND DELIVERY OF SAID AGREEMENT BY OFFICERS OF CITY City Manager stated that Council previously approved this agreement by resolution. Bond counsel has requested that approval be by ordinance. He further stated that minor changes have been made but they deal only with commission matters and do not change the project. Reg.Mtg. 9/15/82 Page 5 195 M/S: Hickey/Myers to introduce Ordinance No. 798 by title only. Motion carried by unanimous voice vote. M/S: Hickey/Myers to introduce Ordinance 798 approving the terms and conditions of a member agreement between Northern California Power Agency and certain participating members and authorizing the execution of and delivery of said agreement by officers of the City of Ukiah. Motion carried by the following roll call vote: AYES: Kelley, Hickey, Myers NOES: Feibusch, Riley ABSENT: None City Manager suggested, as a procedural matter, that Council agenda this item for their September 21st special meeting to take final action to technically meet NCPA's September 28 deadline. Council expressed no objection. NEW BUSINESS lla. MATTER OF BID AWARD, POLICE COMMUNICATIONS City Manager asked that the matter be continued for further staff evaluation. M/S: Kelley/Hickey to continue subject matter to Council's October 6th meeting. Motion carried by unanimous voice vote. llb. RESOLUTION AUTHORIZING IMPLEMENTATION OF DEFERRED COMPENSATION PLANS M/S: Myers/Hickey to adopt Resolution No. 83-22 authorizing implementation of deferred compensation plan. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None llc. POLICY RESOLUTION REGARDING FEE WAIVER Concern was expressed whether the entire fee structure should be reviewed. No action was taken. M/S: Hickey/Feibusch to adopt Resolution No. 8 regarding waiver of fees. Motion carried by the following roll call vote: AYES: Feibusch, Hickey, Myers, Riley NOES: Kelley ABSENT: None lld. RESOLUTION AUTHORIZING CITY MANAGER ACCEPTANCE, FAA GRANT FOR AIRPORT CLEARZONE Public Works Director stated the City has been notified by FAA that grant funds are available to the City for clear zone acquisition program provided the funds can be committed by September 30. These funds will be sufficient to reimburse the City for two properties already purchased and to purchase three more properties in the Norgard Lane area. The City would match the grant funds with 10% of local funds. M/S: Myers/Hickey to adopt Resolution No. 83-23 authorizing the Mayor to sign grant agreement (Department of Transportation, Federal Aviation Administration, Ukiah Municipal Airport). Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None lle. AUTHORIZE PROCESSING OF PCB MATERIALS Director of Public Works stated that word was received from Sunohio that there would be additional costs for time and labor estimated now to total $40,000 instead of $31,650. He stated the only other alternative is to continue storing the material and moving portions of the material into storage. He further added that funds are available within the budget to cover the added costs. Reg.Mtg. 9/15/82 Page 6 196 M/S: Hickey/Myers to authorize staff proposal for SUNOHIO processing not to exceed $40,000, makeup oil, oil drums and City costs, in the amount of $5,000 and disposal of 100% PCB Transformer, in the amount of $8,000. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None llf. AUTHORIZE CLERK TO FILE NOTICE OF COMPLETION, DRAINAGE FACILITIES ON SCHOOL BETWEEN CLAY & PERKINS (7d) City Manager stated the Director of Public Works did not want the Notice of Completion filed until the work had been completed. M/S: Myers/Kelley to continue subject matter to the October 6, 1982 meeting. Motion carried by 4-1 (Feibusch) voice vote. llg. RESOLUTION AUTHORIZING LIFT OF LIENS, 1980 WEED ABATEMENT CHARGES Councilmember Kelley asked who is in charge of the weed abatement program. City Manager stated the program is handled by the City Clerk, Public Works Department and public hearings; although there were problems with the 1980 weed abatement program, this year's program was handled in a more timely manner. He suggested a time frame be established for future weed abatement programs. M/S: Kelley/Hickey to approve Resolution No. 83-20 lifting liens for unpaid weed abatement costs placed on tax roll. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None llh. REPORT OF ADMINISTRATIVE ACTIONS & PROPOSALS (R.A.A.P.) Councilmember Kelley referred to the Ukiah Underground Coordinating Committee minutes regarding moving PG&E power poles. Director of Public Works stated PG&E has three lines that come through the City. M/S: Kelley/Hickey to approve 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 13. CITY COUNCIL REPORTS Councilmember Feibusch reported that he and the City Manager had met with the Superintendent of the Ukiah Unified School District regarding the acquisition of Yokayo School. He requested the matter of expending $2,500 (Ukiah's share being $1,250) for evaluation to determine whether the existing building is suitable for conversion and possible acquisition be agendaed. Councilmember Feibusch stated it has come to his attention a problem of enforcing the smoking ordinance because of an incident that occurred at Ukiah General Hospital. City Manager stated that he had discussed the matter with a citizen who had complained and a letter was sent to the Hospital. It was his understanding that signs are posted at the Hospital. Councilmember Feibusch stated it was reported to him that ballplayers are using the Community Hospital's parking lot and bathroom facilities. City Manager stated he had received a complaint regarding this and an investigation is being made. Councilmember Feibusch asked the status of the Central California Power Agency proposed projects in Mendocino County and if the City would benefit from Deep Hole? City Manager stated he would provide councilmembers with additional information on this shortly. He further reported that research shows that Council chose to abandon this project because of the cost of energy. Reg.Mtg. 9/15/82 Page 7 197 Councilmember Feibusch stated he had received information regarding the Redevelopment Agency and felt incentives should be established to businesses that might move to Ukiah and felt staff should look further into tax increment financing by way of the Redevelopment Agency. Councilmember Kelley stated the Ukiah Players will be opening in November and asked if work on Low Gap Road would be taking place at that time? City Manager expected work to begin after November. Mayor Riley requested that cover sheets be used for each agenda item. Mayor Riley stated that Councilmember Kelley and the City Manager did meet with Blue Shield and at this time, it is not known whether they will come to Ukiah. She was of the opinion that the City must take action toward encouraging economic development. It was the consensus of Council that no action be taken until after the October economic development conference. Mayor Riley reported that Bert Hinds had called her regarding the ditch located along the side of his property and that apparently one of the property owners closest to the hospital is leery about signing the easement. She further stated that she and the Director of Public Works would contact this person. ADJOURNMENT - 9:40 P.M. Mary Melvin Deputy City Clerk Reg.Mtg. 9/15/82 Pa§e 8