HomeMy WebLinkAboutMin 02-17-82MINUTES OF THE MEETING OF THE CITY COUNCIL
OF THE CITY OF UKIAH - FEBRUARY 17, 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:
Hickey, Feibusch, Snyder, Riley, Myers. Staff present: Payne, Orchard, Kruth,
Harris, Roper, Tillotson, Melvin
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Mark Trenholm, representing Boy Scout Troop 46, and
Kyle Gerard, representing Boy Scout Troop 22, led in the Pledge of Allegiance.
WELCOME TO SCOUTS
Mayor Myers welcomed the Boy Scouts to the Council meeting and thanked the
Scouts for the Certificates of Appreciation presented to Councilmembers and
staff. Mark Trenholm, Troop 46, introduced each Scout participating in Scouts
in Government Day.
APPROVAL/CORRECTION OF MINUTES
M/S: Riley/Feibusch to approve the minutes of February 1, 1982 as amended.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
M/S: Riley/Feibusch to approve the minutes of February 3, 1982 as amended.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
M/S: Snyder/Riley to approve the minutes of February 10, 1982 as amended.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley NOES: None ABSENT: None ABSTAIN: Myers
RIGHT TO APPEAL DECISION
Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding
appeal procedure.
CONSENT CALENDAR
M/S: Hickey/Feibusch to approve Consent Calendar Items 7a-7e as follows:
7a. Payroll Warrants, #17981-18121, $64,228.95;
7b. General Warrants, #19316-19411, $293,594.65;
7c. Approved construction by the Men's Golf Club of overhang adjacent to
Municipal Clubhouse;
7d. Authorized purchase of used grader from Empire Tractor in the amount of
$38,902;
7e. Approved Report of Administrative Actions & Proposals (R.A.A.P.).
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
UNFINISHED BUSINESS
10a. CONSIDERATION OF BALLOT ARGUMENTS RE
MENDOCINO HYDRO PROJECT
M/S: Snyder/Hickey to consider Agenda Item 10a, consideration of ballot
argument regarding Mendocino Hydro Project.
Motion carried by unanimous voice vote.
Robert Powell, Stone & Youngberg, was present to answer questions regarding the
language contained in the ballot argument. The following changes were made:
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Second paragraph to read: "These bonds are needed to raise money for
construction of the Lake Mendocino Power Plant and Substation. The amount of
bonds will be determined as construction bids are received for the various
components of this construction. It is anticipated by the City Council that the
actual amount of bonds issued will be considerably less than $23,000,000, based
upon the consulting engineers' estimates.
Fourth paragraph to read: "The bonds and their interest will be payable only
from the revenue derived from the sale of electric energy by the City of Ukiah
Electric Department. This plant will help stabilize electric rates in the City
of Ukiah."
Changes to fifth paragraph: Deletion in first line of the word "exchange" and
insert "firming"; last line, delete the word "consumption".
Sixth paragraph to read: "It appears that many financial benefits would be
gained from construction and operation of the Power Project with no apparent
disadvantages.
Seventh paragraph to' read: "Please join us in voting YES on'June 8."
Councilmembers' names to appear at the bottom of the ballot argument.
M/S: Hickey/Snyder to approve ballot argument in favor of electric revenue
bonds of the City of Ukiah as amended.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
Mr. Powell stated he would be glad to meet with and provide any information to
the committee established to work in favor of the ballot measure.
SPECIAL ORDER OF BUSINESS
Sa. SLIDE PRESENTATION ON ELECTRIC UTILITY
Maurice Roper, Electrical Distribution Engineer, presented for Council
information, a slide presentation of the City's electric utility that will be
shown to service clubs. At the conclusion of the presentation, City Manager
asked that Councilmembers contact him with constructive criticism regarding the
slide presentation.
RECESS: 7:55 P.M. - Mayor Myers thanked the Boy Scouts for attending the
Council meeting.
PETITIONS & COMMUNICATIONS
9a. REQUEST FROM SUN HOUSE GUILD FOR SPECIAL MEETING
TO SHOW PLANS AND MODEL OF SUN HOUSE CULTURAL ARTS CENTER
Mayor Myers stated he would advise the Guild that two Councilmembers would be
able to attend the February 24 presentation at 4:30 P.M.
9b. LETTER FROM DOWNTOWN MERCHANTS ASSOCIATION REGARDING
CREATION OF AN ASSESSMENT DISTRICT WITHIN A PROPOSED
BENEFIT ZONE
A letter of support signed by a number of downtown merchants set forth a
proposed benefit zone for the formation of an assessment district.
M/S: Riley/Hickey to refer subject matter to City Attorney for preparation of
necessary documents for establishing an assessment district.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
9c. LETTER FROM CATHY BRIGHAM APPEALING STAFF DECISION
REGARDING SEWER LINE ON LOT OFF STANDLEY & BARNES
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The basis of this appeal is a requirement imposed by the City which, in the
opinion of the property owner, Mr. Lohr, is excessively burdensome and costly.
He was of the opinion that the line should be 5' in depth and was just recently
informed that the requirement was that it be 11' in depth. He did not feel he
was responsible for the added cost since the sewer line would ultimately be used
by people on the other side of the creek.
Director of Public Works stated the sewer extension is designed to ultimately
serve for infilling of vacant properties adjacent to Gibson Creek westerly of
the site. Depth of the line is fixed by the grade necessary to provide service
to the area north of the creek. The line proposed by Mr. Lohr would require
duplication of the sewer line north of the creek and would create greater
expense for future extension of service as well as add costs for maintenance of
inefficient lines plus doubling of exposure to infiltration.
City Council concerns and questions were:
Council has supported the concept of infilling, but requirements such as this
discourage people from developing properties.
Are two 4" lines permitted?
What is wrong with a separate line on the other side of the creek?
Expression of support of the theory of General Plan for the sewer system.
Possibility of forming an account for when people up the line hook in.
The payback could be based on the same formula as that determined for the water
line out Talmage Road to the motel.
Negotiate with Mr. Lohr on the issue.
City crews could so some work on the line and Mr. Lohr could come up with some
additional costs.
Negotiation leaves it open to many people - sets precedent. Not in best
interest of taxpayers.
Property owners should pay full amount and be reimbursed as others hook onto the
line.
City pay additional cost required for the 11' trench and that once the line goes
in, development may occur rapidly.
Set a definite policy.
Councilmember Snyder made a motion to support staff's recommendation for this
particular project. Motion died for lack of a second.
M/S: Riley/Feibusch that the City pay the difference between the 5' and 11'
depth of the line and collect that money on a pro-rata basis from future hookups
on the line.
The original motion was amended with the consent of the maker and second that
the City contribute by service to the 11' depth and negotiate with Mr. Lohr to
minimize expenses.
Motion failed by the following roll call vote:
Hickey, Snyder, Myers ABSENT: None
AYES: Feibusch, Riley NOES:
M/S: Snyder/Hickey to uphold staff's recommendation of an 11' depth and that
the developer be reimbursed as people add onto the line.
City Manager stated that if the motion passes, staff would come back with a
formula to be used in this matter.
Motion carried by the following roll call vote: AYES: Hickey, Snyder, Myers
NOES: Feibusch, Riley ABSENT: None
9d. REQUEST FOR ADDITIONAL APPROPRIATION FOR ATTENDANCE
AT LEAGUE OF CITIES PLANNING COb~ISSIONERS INSTITUTE
IN SAN DIEGO
City Manager stated a request had been received from the Chairman of the
Planning Commission for additional appropriation for four Commissioners to
attend the League of Cities Planning Commissioners' Institute in San Diego.
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The Finance Director recommended, as there is no firm policy, that $275 for each
of the 4 Commissioners be approved and that in the future the policy be clearly
enunciated in regard to the number of commissioners who attend conferences.
M/S: Hickey/Riley to adopt the Director of Finance's recommendation that each
of the Commissioners going be reimbursed $275.00 plus mileage allowed for no
more than two cars to the airport, including bridge toll and parking.
The maker and second amended the original motion by adding that a definite
policy be established limiting attendance at seminars to two Commissioners when
in Southern California.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
9e. LETTER FROM CITY OF WILLITS REQUESTING SUPPORT
FOR ESTABLISHING MTA'S OPERATION COSTS TO EXPENSE RATIO
A letter from Willits City Manager stated the Willits City Council has
recommended that MTA meet certain criteria in their financial operation of the
bus system, but they have failed to do this. A resolution reiterating this
recommendation was adopted by the Willits City Council and was forwarded to
Council for consideration and support.
Mayor Myers stated he did not necessarily agree with the City of Willits letter
but did express concern that the issue of how much money is allocated to
transportation, streets and roads must be addressed. He further stated it is
important that the need to bring about maximum amount of transportation for
Mendocino County be met, but the need for streets and roads must be met also.
Bruce Richards, Mendocino Transit Authority, stated that one cannot disagree
with the need to set up clear cut policies and pointed out that MCOG has already
established the revenue ratios. With reference to the Willits resolution, he
stated it was a little late to speak to what has already been budgeted. He
further stated that a productivity committee has been appointed to set
performance standards. It was his opinion that the operating cost ratio not be
a set requirement but a goal. He further stated that MCOG has directed staff to
redefine the definition for unmet needs. It was pointed out that a majority of
available monies will go to transportation, leaving a very small amount for
streets and roads.
M/S: Riley/Snyder to take no action on City of Willits' letter.
Motion carried by unanimous voice vote.
City Manager stated a suggestion has been made that all city managers and the
Board of Supervisors meet to discuss the Joint Powers Agreement. He stated he
would report more on this at a later date.
UNFINISHED BUSINESS
lOa. CONSIDERATION OF BALLOT ARGUMENTS RE
REMOVAL OF NEW DEPARTMENT HEADS FROM CIVIL SERVICE
City Manager suggested that reference to "union" be deleted and insert the
wording "recognized bargaining unit".
M/S: Riley/Hickey to approve ballot argument in favor of removing department
heads from Civil Service - Measure B amended as follows:
First line: delete the word "union" and insert "recognized bargaining unit";
Third line: delete the word "union" and insert "collective bargaining";
Fifth line: delete the word "protected" and insert "represented"; delete
"union" and insert "bargaining unit";
Sixth line: delete the word "from discharge"; delete the word "by" and insert
"have rights under"; delete the word "a" and add "this dual" before the word
"system" and add "is" after "system";
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Department Heads to be capitalized throughout.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
lOb. RESOLUTION 82-48 CALLING SPECIAL REVENUE BOND
ELECTION (TO PROVIDE FUNDS FOR ACQUISITION & CONSTRUCTION
OF ELECTRIC GENERATION & TRANSMISSION FACILITIES)
M/S: Snyder/Hickey to adopt Resolution No. 82-48 calling a special revenue bond
election in the City for the purpose of submitting to the qualified voters of
the City the measure of issuing revenue bonds in the principal amount of
$23,000,000 to provide funds for the acquisition and construction of electric
generation and transmission facilities; declaring the estimated cost of said
facilities, the principal amount of the revenue bonds to be issued therefor and
the maximum rate of interest to be paid on such revenue bonds; fixing the date
of said election, the manner of holding the same and the manner of voting for or
against the issuance of said revenue bonds; consolidating said special revenue
bond election with the State of California direct primary election to be held on
June 8, 1982; and providing for notice of said election.
It was the consensus of Council that on page 3, ninth line, the wording
"generation and transmission" be deleted and that on line twenty-three, the
wording "for the City" be deleted.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
10c. ADOPTION OF ORDINANCE NO. 776 PERTAINING
TO TAXI OPERATION
M/S: Snyder/Hickey to adopted Ordinance No. 776 by title only.
Motion carried by unanimous voice vote.
M/S: Snyder/Hickey to adopt Ordinance No. 776 amending Section 2581 of Article
5 of Chapter 5 of the City of Ukiah Municipal Code relating to reasons for
denial of driver's permit for operating a vehicle for hire.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
CITY MANAGER RECOMMENDATIONS
lla. PROPOSAL FOR NEGOTIATING POSITION
REGARDING WATER SERVICE
M/S: Hickey/Snyder to authorize staff to forward a letter to Willow County
Water District indicating it is the intent of the City to provide full services
to all of its future citizens and to negotiate with Willow County Water District
to determine if there is an interim solution for the provision of water service
to the proposed annexation district; any such proposed agreement would be
returned for Council approval or disapproval.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
NEW BUSINESS
12a. MATTER OF EMPLOYMENT OF CITY AUDITOR
Mayor Myers stated he would not participate in the discussion and would abstain
from voting due to a possible conflict of interest.
City Manager stated the audit will be a larger undertaking this time as it will
involve the City's annual audit as well as garbage and revenue sharing audits.
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M/S: Snyder/Riley to direct staff to negotiate with R. Emmett Jones for the
1981-82 audit.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley NOES: None ABSENT: None ABSTAIN: Myers
12b. CONSIDERATION OF WARM SPRINGS PRELIMINARY PERMIT
At the request of the City Manager, subject matter was deferred to Executive
Session.
12c. RESOLUTION AUTHORIZING MAYOR AND CLERK TO SIGN 6 MG
PURCHASE POWER AGREEMENT WITH USA
M/S: Feibusch/Snyder to adopt Resolution No. 82-49 authorizing Mayor and Clerk
to sign 6 MW Purchase Power Agreement with the United States of America.
Councilmember Hickey stated this Purchase Power Agreement is not the final
draft, but the final draft will have only minor changes.
The maker of the motion, with the consent of the second, amended the original
motion to direct Staff to take all steps necessary to see that the contract is
implemented.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
12d. EDUCATIONAL MATERIAL REGARDING ANNEXATION
M/S: Feibusch/Snyder to hold over subject matter for review at next meeting.
Motion carried by unanimous voice vote.
12e. RESOLUTION ESTABLISHING BAIL SCHEDULE FOR PARKING VIOLATIONS
& OTHER VEHICLE VIOLATIONS
M/S: Riley/Hickey to adopt Resolution No. 82-50 establishing bail schedule for
parking violations and other vehicle violations.
City Manager stated that the surcharge is County wide by State law. City
Attorney stated the importance of getting new tickets printed immediately to
comply with the new law. It was the consensus of the Council that the
information be contained within the next newsletter.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
CITY COUNCIL REPORTS
Councilmember Hicke¥ referred to a League of California Cities bulletin stating
there will be a march on the Capitol to protest the inequality of cutting the
subvention to cities.
M/S: Hickey/Riley to authorize the Mayor to send a letter to the Governor and
Legislators expressing the City's protest of this action.
Motion carried by unanimous voice vote.
Councilmember Feibusch referred to a lawsuit against P.G.&E. and asked if the
Shell Agreement provides a clause where the City must buy the steam regardless
if the City can take it or not? Councilmember Hickey stated he would look into
the matter.
Councilmember Feibusch, after consulting the City Code, recommended that the
Code be updated.
Councilmember Snyder asked that the Traffic Committee check the parking space at
the rear of the Bank of America building on Main Street as a vehicle parked in
that space blocks the view to the north.
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