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HomeMy WebLinkAboutMin 08-04-82162 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - AUGUST 4, 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, Tillotson, Melvin. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Mayor Riley and Councilmember Myers led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Myers/Kelley to approve the Minutes of July 21, 1982 as amended. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Myers, Riley NOES: None ABSENT: None ABSTAIN: Hickey 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 6a-6f as follows: 6a. Payroll Warrants, #19682-19828, $71,529.86; 6b. General Warrants, #20486-20565, $269,740.72; 6c. Approved Resolution No. 83-11 authorizing execution and agreement for personnel examining services with the State of California Cooperative Personnel Services; 6d. Authorized City Manager to sign 90 day agreement between solid waste haulers and City; 6e. Authorized City Clerk to file Notice of Completion, asphalt concrete surfacings on City streets; 6f. 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 7a. REQUEST FROM VHPC TO DIRECT FRANCHISE GARBAGE HAULER TO VHPC SITE City Manager stated a letter has been received from VHPC requesting that the City direct its franchise haulers to haul to their site. He pointed out that VHPC, at this time, does not have a firm site and staff would want to review revenue increases and losses and make a recommendation before Council action is taken. Ed Titlow, Vichy Hills Power Company, Inc., stated his letter to the City was the result of considerable study. He stated they are considering three sites, north and south of Ukiah and the Airport Industrial Park but no firm offer has been submitted. He is requesting that the City direct franchise haulers to deliver rubbish collected in the City limits to their site. He further stated that the franchise agreement allows the City Manager to direct where the garage be taken. M/S: Feibusch/Hickey to authorize City Manager to explore with Vichy Hills Power Company the feasibility of this undertaking. Council expressed concern with who would pay City employees during VHPC emergency downtime; need for thorough review and analysis before Council action; City did not receive official notification that VHPC had turned Reg.Mtg. 8/4/82 Page 1 163 down the City dump site as a possible location for their operation; waste of staff time unless more detailed information is provided; grant applications to State imply the City has reached agreement with VHPC. Motion failed by the following roll call vote: AYES: Feibusch, Hickey NOES: Kelley, Myers, Riley ABSENT: None 7b. LETTER FROM RUSSIAN RIVER CEMETERY DISTRICT REQUESTING EXEMPTION FROM ALL CITY BUILDING PERMIT FEES City Manager requested that Council, due to the requests for waiver of fees, make a determination whether to continue to consider each fee waiver request or to clearly restate its policy regarding fees. M/S: Hickey/Feibusch that as fees have been established on a proper basis for all users of services, that Council will no longer consider waivers on individual circumstances but where it conflicts with State law in the Subdivison Act that State law would supercede local policy. Mayor Riley was of the opinion that the Planning Commission should review subject matter and expressed concern that Council was making a policy statement that had not been agendaed. Motion carried by the following roll call vote: AYES: Feibusch, Hickey, Myers NOES: Kelley, Riley ABSENT: None 7c. LETTER FROM DOWNTOWN MERCHANTS ASSOCIATION REQUESTING REPAINTING CITY HALL Bruce Poma, Downtown Merchants Association, requested, as the City Hall has rust stains, cracks and the awning is in disrepair, that Council consider repainting the City Hall. He further added that volunteers would paint the City Hall if the City does not do it and would be willing to pay for the paint. Councilmember Feibusch stated the Downtown Merchants have certain obligations, a money shortage and did not want them to make this commitment to buy paint for the City Hall. Director of Public Works stated that the painting of City Hall would require professional painters due to the awnings. Councilmember Myers felt subject matter should be considered during budget hearings. M/S: Kelley/Hickey to call for informal bids for repainting City Hall. Motion carried by the following roll call vote: AYES: Kelley, Hickey, Myers, Riley NOES: Feibusch ABSENT: None 7d. LETTER FROM BARRY VOGEL, ATTORNEY FOR MODERN DISPOSAL REGARDING CLOSURE OF CITY DUMP M/S: Kelley/Hickey to accept letter from Barry Vogel. Motion carried by unanimous voice vote. UNFINISHED BUSINESS 8a. ADOPTION OF ORDINANCE NO. 791 REZONING PROPERTY FROM R-1 TO R-3, UKIAH GENERAL HOSPITAL M/S: Kelley/Feibusch to adopt Ordinance No. 791 by title only. Motion carried by unanimous voice vote. M/S: Kelley/Hickey to adopt Ordinance No. 791 amending Chapter 2, Division 9 of the Ukiah City Code by rezoning property from existing R-1 to R-3 (Zone Change Application No. 82-63, Ukiah General Hospital). Motion carried by the fdllowing roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None ADDITION TO AGENDA Reg.Mtg. 8/4/82 Page 2 164 M/S: Hickey/Kelley to add to agenda City Manager reports. Motion carried by unanimous voice vote. 8b. ADOPTION OF ORDINANCE NO. 792 AMENDING CODE ESTABLISHING IN LIEU PARKING FEES M/S: Feibusch/Kelley to adopt Ordinance No. 792 by title only. Motion carried by unanimous voice vote. M/S: Myers/Kelley to adopt Ordinance No. 792 amending Section 7388(b) of Article 5, Chapter 3 of Division 8 of the Ukiah Municipal Code establishing in lieu parking fees. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None 8c. APPOINTMENT TO PLANNING COMMISSION M/S: Myers/Kelley to adopt Resolution No. 83-12 appointing a member to the Planning Commission (Nelson Redding). Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None 8d. RESOLUTION NO. 7 ALLOWING NONCONFORMING USES TO CONTINUE UPON ANNEXATION City Manager stated the following changes should be made to the proposed resolution: deletion of "a)" on line 16; lines 21 and 22 to read: "structure that use can be rebuilt and continue in operation as previously existed subject to the same abandonment restrictions." Councilmember Feibusch expressed concern that under certain circumstances, such as death, a business might not exist or operate for a period longer than six months. City Attorney suggested that Council could reserve power to continue that period of time for good cause shown. Planning Director pointed out that the six month period was established to be consistent with existing City Code. M/S: Hickey/Myers to adopt Policy Resolution No. 7 allowing nonconforming uses to continue upon annexation. Motion carried by the following roll call vote: AYES: Kelley, Hickey, Myers, Riley NOES: Feibusch ABSENT: None NEW BUSINESS 9a. DISCUSSION OF PLACING ON NOVEMBER BALLOT THE MATTER OF PHASING OUT CIVIL SERVICE BY ATTRITION (FEIBUSCH) Councilmember Feibusch stated, as the voters approved removing, by attrition department heads from civil service, they should be allowed to determine whether City employees should be removed from civil service by attrition also. Councilmember Hickey felt placing the matter on the ballot would constitute a breach of faith toward the City employees as Council had promised, when removing department heads from Civil Service, that employees would not be removed. Councilmember Kelley felt, before council action, that a cost analysis should be done. Councilmember Myers was of the opinion that removing employees from Civil Service would be demoralizing. M/S: Feibusch/Kelley to instruct City Attorney to prepare a resolution to put subject matter on the ballot for the November election. Motion failed by the following roll call vote: AYES: Feibusch NOES: Kelley, Hickey, Myers, Riley NOES: None ABSENT: None 9b. DISCUSSION OF INTEGRATING POLICE AND FIRE DEPARTMENTS TO FORM A PUBLIC SAFETY DEPARTMENT (FEIBUSCH) Reg .Mtg. 8~4~82 Page 3 165 Councilmember Feibusch felt it was very timely that Council consider the possibility of a joint administration of the police and fire departments. He suggested one administrator over both departments, with Captains to be the head of each department. He has spoken to other cities who have successfully used this system. He also pointed out that this is an opportunity to reduce costs by elimination of a position at the top. Councilmember Hickey stated that the cities where it has been successful are newly incorporated and have little fire or crime. He pointed out that the City has a contract to provide fire service to the District, but not police service. City Manager spoke to a study done for Palo Alto, who were considering the same matter. He stated the study found that this would add another layer of administration rather than the opposite. He also pointed out other possible ramifications of this issue could be reduction in service level, difficulty of a policeman administering the fire department or a fireman administering the police department. He felt a safety officer who had training in both departments would have to be hired. He felt Council should receive input from the fire and police departments and from other cities who have or have had a public safety department. Councilmember Feibusch stated the first opposition to this idea he had encountered was in these Chambers and the people he had contacted in the City are unanimously in favor of this administrative change. M/S: Feibusch/Kelley to direct staff to do backup investigation and invite pro and con representatives to discuss joint administration with Council. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Riley NOES: Hickey, Myers ABSENT: None 9c. EMPLOYER/CITY COUNCIL ECONOMIC REPORT Dennis Chaty, 501 Stella, stated he is presently working on a county wide industrial site development program to identify industrial zoned parcels in the County and would like to include Ukiah in this study. M/S: Kelley/Myers to direct staff to work with Mr. Chady to give the available City of Ukiah information for the industrial development effort. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None RECESS: 8:03 P.M. NEW BUSINESS 9d. MATTER OF TAPING PLANNING COMMISSION MEETINGS (KELLEY) Councilmember Kelley requested that the Planning Commission meetings be taped due to the possibility of litigation and problem with minutes. M/S: Kelley/Feibusch to tape Planning Commission meetings. Councilmember Feibusch felt the Planning Commission serves at the pleasure of Council and was of the opinion that, in the past, the minutes had been editorialized by staff. City Attorney stated the Planning Commission is mandated by Code and does not act at the pleasure of Council; the Council can overrule Commission action but cannot tell them what to do. He disagreed with Councilmember Kelley's concern regarding taping the meetings to avoid litigation when, in fact, the opposite is usually true. Councilmember Myers felt the Planning Commission should decide if their meetings should be taped. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Riley NOES: Hickey, Myers ABSENT: None Reg. Mtg. 8/4/82 Page 4 166 9e. DOWNTOWN PROMOTION DISTRICT 1982-83 BUDGET City Manager stated the Downtown Promotion District has presented for approval their 1982-83 budget and has also arranged for maintenance of the planters and watering of the plants. Councilmember Feibusch was of the opinion that more information was needed as to what type of trees and benches would be purchased before he could vote on this matter. City Manager stated these items would be placed in the public right of way and would require an encroachment permit. Councilmember Feibusch felt that the City was inviting trouble by not having payment go through the Finance Department and approved by Council. Bruce Poma, 204 N. Bush, felt the funds should be disbursed as the Chamber of Commerce funds are. He further stated that actually the money belongs to the Merchants and it will be spent wisely. City Attorney felt that review should be made with respect to financing. M/S: Myers/Kelley to approve the Downtown Promotion District 1982-83 Budget as submitted subject to City Attorney approval. Motion carried by the following roll call vote: AYES: Kelley, Hickey, Myers, Riley NOES: Feibusch ABSENT: None 9f. ADOPTION OF AGREEMENT TO GOVERN THE MAKING AND USE OF COPIES AND FEE SCHEDULE, SUN HOUSE M/S: Hickey/Kelley to approve Sun House use agreement and fee schedule with the Schedule Of Fees For Manuscripts amended to read "Duplication costs are $.10 per page, or current City duplication fee, with a $5.00 minimum order." Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None 9g. AUTHORIZE WORK ORDER, LAKE MENDOCINO PROJECT Director of Public Works stated authorization is needed to expend funds for continued WAPA negotiations and to continue design work with the Corps of Engineers. M/S: Myers/Hickey to authorize execution of Amendment to Work Order No. 2 and Work Order No. 8, Lake Mendocino Project. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None 9h. CITY MANAGER REPORTS City Manager stated he would be on vacation August 5-6. City Manager reported that review by Council of the ISO audit of the fire department and fire district will occur after all material has been received and staff has had an opportunity to review the matter with ISO. City Manager reported, in answer to a question regarding the fence in front of Victory Theatre, that, according to the Uniform Building Code, the fence must remain until all potential danger to pedestrians has disappeared. City Manager reported that staff has scheduled a training seminar for September 17. City Manager stated the coolers at the Geysers have been totally restored and asked Councilmembers when they would be able to visit the Geysers? Councilmembers Feibusch, Kelley and Mayor Riley stated they would be able to tour the Geysers on August 11. City Manager asked direction regarding filing cabinets provided to councilmembers. It was the consensus of Council that file cabinets be Reg.Mtg. 8/4/82 Page 5 CU6'OOO5 167 provided during tenure of office and that they be returned at the end of their term. COMMENTS FROM AUDIENCE Phil Ward, Ukiah Solid Waste, stated he had not realized that the agreement between the solid waste haulers and City had been considered under the Consent Calendar as it is Ukiah Solid Waste's intention to not use the dump on Monday but to reroute. CITY COUNCIL REPORTS Councilmember Feibusch stated he received a citizen complaint regarding garbage not to be picked up if it is in plastic bags. Mr. Ward stated that if there is a constant problem with plastic bags, such as dogs ripping into it, customers are informed that they must use cans. He further added that cans are available at their yard. Councilmember Feibusch reported on the Fire Department ad hoc committee meeting. He stated that the Ukiah Valley Fire Protection District Board of Directors informed the Committee that they had annexed the College to the District. He further added that he was informed that this is an internal annexation and they would be detached after the college had received its building funds. Councilmember Kelley attended MTA meeting and reported that MTA's primary costs went up 45% due to take over of Dial A Ride. He reported that MTA would rebid for a metal building due to the results of a previous bid. Councilmember Hickey stated that NCPA's annual meeting will be September 22-24, 1982 at Lake Tahoe. Councilmember Hickey reported that an expected increase in megawatts will be received from Shell #3 Project, East Block. Councilmember Myers reported he had received word that Ukiah had qualified for economic assistance from the Department of Business and Economic Development. City Manager stated reservations by Councilmembers planning to attend the League of California Cities meeting October 17-20 must be made now if they plan to attend. ADJOURNMENT - To Executive Session - 9:25 P.M. Mary Melvin Deputy City Clerk Reg. Mtg. 8/4/82 Page 6