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HomeMy WebLinkAboutmin 01-20-82MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - JANUARY 20, 1982 The City Council convened in regular session at 6:33 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, Beard, Harris, Tillotson, Gutierrez. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Hickey and Vice Mayor Riley led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Riley/Snyder to approve the minutes of January 6,1982 as amended. Motion carried by the following ~roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None RIGHT TO APPEAL DECISION Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. CONSENT CALENDAR M/S: Snyder/Riley to approve Consent Calendar Items 6a-6d as follows: a. Payroll Warrants, #17701 to 17838 in the amount of $67,337.29; b. General Warrants, #19069 to 19198 in the amount of $ 612,549.68; c. Award of bid for 18,000 ft. 4/0 aluminum cable to Bayside of Santa Rosa, in the amount of $17,858.88 d. Report of Administrative Actions & Proposals Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None PETITIONS AND COMMUNICATIONS 7a. UKIAH VALLEY ASSOCIATION FOR THE I-IA~DICAPPED REGARDING FREE DUMPING PRIVILEGES AT THE DISPOSAL SITE The City Manager explained that the UVAH is requesting they be allowed to dump 100 cubic yards free for the year 1982. He said staff's position is that if we allow it, then we would be opening the door to hundreds more who would have similar requests. Staff recommends denying the request. Discussion by Councilmembers reflected that there are many deserving non-profit organizations, but if this request is granted, it would be difficult not to allow other requests. Councilmember Feibusch, who requested that the matter be placed on the agenda, stated this is an unusual situation, and should not be compared with other organizations. Councilmember Riley stated this is a unique situation and if granted, would not open the door for others. M/S: Hickey/Snyder that the request be denied. Motion was carried by the following roll call vote: AYES: Hickey, Snyder, Myers NOES: Feibusch, Riley ABSENT: None 7b. REQUEST FROM WAYNE HALL, REDWOOD EMPIRE CAB, FOR DELETION OF CERTAIN PORTIONS OF THE CITY CODE PERTAINING TO TAXI OPERATION City Manager explained that the City has received written communication requesting that section 2559 of Article II of Chapter 5 be partially deleted in order to expand employment opportunities in the City of Reg. C/C Mtg. 1/20/82 Page 1 56 Ukiah. It is requested that the wording "under the age of twenty-one years of age, or by any person who does not have a chauffeur's license issued by the state of California", be deleted. City Manager stated that the Police Chief has reviewed the request and that he has no objection. City Manager explained that if the Council ~approved the request, action would be to refer to the City Attorney for preparation of an ordinance. M/S: Riley/Hickey to refer this to the City Attorney to remove the chauffeur's license and to lower the age to 18. Motion was carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None UNFINISHED BUSINESS 8a. CONSIDERATION OF REQUEST BY VICHY HILLS POWER COMPANY FOR ANNEXATION OF SANITARY DISPOSAL SITE PROPERTY 8al. (9d) CONSIDERATION OF VICHY HILLS POWER COMPANY SOLID WASTE TO ENERGY PROJECT (RILEY) City Manager suggested that the Council may also want to consider Agenda Item 9d at the same time. M/S: Riley/Snyder that 9d be considered concurrent with 8a and be referred to as 8al. Motion was carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers. NOES: None ABSENT: none City Manager explained that the VHPC requested at the last regular Council Meeting that a portion of the landfill site be annexed to the City. Staff recommended a larger area also be annexed. The VHPC feels this would put the City in lead agency status, as far as use permits, licences, etc. are concerned. However, if the City does not annex the property, the City could still lease the property to VHPC, if the Council chose to do so. Councilmember Riley stated she has received many phone calls from people who are opposed to the plant. She is opposed to the annexation and is requesting a study session to consider this. It has been suggested that the proposed annexation is a separate issue but she would like to argue that it is not a separate matter. Mr. Titelow's feasibility study states that the first stage in his first element is to annex the land- fill site. In her opinion there is no reason to annex if we do not intend to build the power plant, since it is outside the westside annexatiOn policy. Councilmember Riley made a motion to deny the request for annexation. Motion died for lack of a second. M/S: Riley/Feibusch that the annexation request be continued until after the work study session. Study session set for January 27, 1982 at 3:00 P.M. in the Council Chambers. The study session will consider plant proposal and annexation together. Councilmember Riley had new material to give to the City Council. It will also be provided to VHPC. Motion was carried by the following roll call vote: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None 8b CONSIDERATION OF LAS CASAS DENSITY STUDY Reg. C/C Mtg. 1/20/82 Page 2 City Manager stated the City has received a request from Jared Carter, attorney for Las Casas, for density bonus. He further stated that the mfitter had been continued from Council's last meeting. Planning Director reviewed for Council points covered in his memorandum of January 14, 1982. He made reference to needed policy direction from Council, possible modification to the use permit and referred back to the Planning Commission and applicant's request for further density bonus to increase the dwelling units from 316 units previously approved to 395 units. Councilmember Riley asked if applicant had already gotten a density bonus from six units per acre to seven units per acre? Planning Director stated that is correct due to design innovation and open space. He further pointed out that the 3 acres purchased by Rural Community Housing Development Corp was not included in the original use permit containing the density bonus. Councilmember Feibusch was of the opinion that negotiations with the developer should take place on density per acre only. Councilmember Snyder referred to the resolution apprOved by Council on April 15, 1981 and asked if there is a time constraint? Planning Director stated the resolution would be in effect for one year with an option for a 6-month extension, based on the City Code. Councilmember Riley stated her concern with the complexity of the issues and questioned whether this wasn't a legal matter. She questioned the use of the old General Plan figures and felt the alternatives suggested by applicant regarding different types of units were sketchy and contain no statement regarding what type of housing or guaranty of unit price and felt these issues must be clarified before Council can consider the matter. Councilmember Hickey asked if the government code provides that a 25% density bonus must be given and cannot be negotiated? City Attorney was of the opinion that the 25% density bonus now would apply to future phases as the first phase has been dealt with without consideration to density bonus. Councilmembers Riley and ~$nyder questioned the ability of applicant, when a valid agreement has already been made, to come back later and request a density bonus. Councilmember Snyder was of the opinion that to make changes could result in having to start all over. Councilmember Riley requested an executive session. Jared Carter, attorney for developer, stated the Legislature is saying they want to facilitate, not impede, the development of low and moderate housing and impediments to it are illegal. The density bonus law stated that after a project is approved, and in addition to any other density, applicant is intitled to density bonuses or other alternative bonuses in order to provide a significant contribution to economically feasible low and moderate housing. There is no authority contained in the legislation for the City to say whether those housing units are rentals, purchase housing or to put other terms or conditions on those units. He further felt that something should be worked out as expeditiously and as fair as possible that compliments the density bonus program in order that this project may proceed. He pointed out that during all discussions with st'aff, Planning Commission and City Council, it was made clear that the density bonus issue would not be resolved at that time. He proposed a work session as a way to resolve issues or have the Planning Commission give a more comprehensive look to the issues and make their recommendation to the Council. Councilmember Hickey asked for clarification regarding~if legislation is retroactive if not so stated. Discussion was had regarding the question Reg. C/C Mtg. 1/20/82 Page 3 58 of legislation being retroactive, approval of resolution in connection with this legislation and the concept of the whole project in relation to the legislation. M/S: Snyder/Riley to set a work study session and have the developer and any represnetatives and the Planning Commission attend. Discussion was had regarding Councilmember Riley's request for Executive Session. Mr. Carter asked that the reason for Executive Session be clarified. Councilmember Riley felt, as there is a potential for litigation in this matter, it would be appropriate to discuss that in Executive Session. Mr. Carter was of the opinion that as no reference was made to legal action, it would not be appropriate under the Brown Act to retire to Executive Session to discuss matters. The City Attorney determined Executive Session was in order. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None It was determined that the work session would be February 1, 1982 at 4:30 P.M. in City Council Chambers. 8c CONSIDERATON OF WOOD WASTE TO ENERGY PROPOSAL City Manager explained this matter was briefly reviewed at the 1/6/82 City Council meeting and was continued to allow more time to study the issue. Councilmember Feibusch stated he has received new information from the Federal Grants and Contracts Weekly, dated January 5, 1982 that energy research grants are available and applications due April 9, 1982. City Manager clarified that the City would have to prepare the grant application unless the Council wanted to reverse it and hire a firm to do the study if they prepare the grant application for us. Councilmember Snyder stated she does not approve of the study. She spoke with the raw materials manager at Masonite who expressed the fact that there are a number of problems and that they have had difficulties with their raw materiea~ procurement. It was her opinion that we should vote on the concept and ~lf it is something we want to do, then apply for the grant. · Councilmember Hickey stated that if we get the grant and have a study done, then we would be in a better position to make a decision. Councilmember Feibusch stated that wood waste is an efficient way of heating; that it depends on the burning facility. M/S: Feibush/Hickey that the City make an application for a grant and if we are successful in getting the grant, then to hire someone to do the feasibility study. Motion was carried by the following roll call vote: AYES: Hickey, Feibusch, Riley, Myers NOES: Snyder ABSENT: None 8d CITY ATTORNEY'S REPORT REGARDING LITIGATION City Attorney Orchard informed the Council that the Lockhart litigation was heard on Wednesday, January 13, 1982 and the City's position was upheld. He requested that matters relating to this litigation be discussed in a personnel session. Reg. C/C Mtg. 1/20/82 Page 4 59 NEW BUSINESS 9a MATTER OF INSURANCE FOR HANGARS AND TIE DOWNS AT AIRPORT City Manager explained that new agreements have been sent to hangar and tie down renters which include liability insurance in the amount of $1,000,000 for bodily injury and property damage. He said there are two points that should be considered: 1) How did we come up with the amount? 2) Is it an appropriate amount? Council has the prerogative to change the amount. Mr. Beard, Assistant Public Works Director, reviewed information which had been provided to Council. He had checked with other municipal airports to inquire about their insurance requirements and reviewed the results of that survey. The insurance requirement of $1,000,000 is as recommended by our insurance carriers, Redwood Empire Municipal Insurane Fund. He stated that a policy determination is needed as to the limits of insurance for the City to carry on the airport in regards to leases and tie-downs. Liability insurance basically provides protection for the aircraft in the event that the aircraft occurs damage on other people or property. In the event there is a suit over a damage, there is always the potential of the City being named in that suit over and above the insured. Therefore, we have asked that the City be named as additional insured. M/S: Riley/Feibusch that we reduce the insurance requirements to $300,000 bodily and $100,000 property. Councilmember Snyder asked for clarification of a portion of the City Manager's recommendation pertaining to airport facility tenants and also clarified that insurance pertains to per occurence - not each person. Concerns had been expressed to her that there is a problem with having the City named as additional insured. Persons from the audience stated this is no problem. Councilmember Riley stated she had talked with Ira Brannon, REMIF, concerning the amount of insurance requirement and concluded that we can safely protect the City for considerably less than a million dollars, but there is some risk involved. Councilmember Hickey stated there is always a risk involved. Mayor Myers asked for comments from the audience. Attorney Duncan James stated paragraph 15 of the lease regarding bodily injury, as it is written, is impossible to insure in today's market. Insurance brokers state that bodily injury refers to people in the airplane. (i.e. if there were four people in the airplane, the aircraft would have to have $1.2 million worth of insurance. He suggested strik- ing out "combined", "single limit", skip the word "for" and strike "each person" M/S: Riley/Feibusch amend the leases to change the amounts to $100,000, $300,000 and $100,000~,to change paragraph 15 in the hangar lease and paragraph 14 in the tie-down lease as recommended by Mr. James. The following people from the audience spoke: Dick Sarber, Mr. Joe Johnson, Mr. Nickerman, Mr. Morman of Potter Valley, Charles Williams, Dan Haley, Mark Davis and made the following comments. It was pointed out that the FAA regulates air taxi charter service and requires that they have adequate insurance. Each one was of the opinion Reg. C/C Mtg. 1/20/82 Page 5 6O that the proposal was not justified. The insurance requirement is not obtainable. The exclusion of transient aircraft from this requirement was considered to be unfair. A petition from the complainants was filed with the City Clerk. Motion was carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None 9b FERC LETTER REGARDING CITY PROCEDURE FOR PURCHASING POWER FROM CO-GENERATION AND SMALL POWER PRODUCERS M/S: Riley/Snyder to send the letter to FERC. Motion was carried by the following roll call vote: Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None 9c MATTER OF CONSOLIDATION OF CULTURAL ARTS & PARKS & RECREATION AYES: Hickey, COMMISSIONS M/S: Snyder/Hickey to approve the consolidation. Motion was unanimously carried. The City Attorney will draft the required ordinance. COMMENTS FROM THE AUDIENCE Linda Foster of Gobbi St. thanked whoever turned on the heat in the Council Chambers. CITY COUNCIL REPORTS l la. APPOINTMENT TO COUNTY CHAMBER OF COMMERCE Mayor Myers asked for clarification if this was for one appointment or two. Councilmember Hickey stated it was for one. Councilmember Riley nominated Walter Hamburg. M/S: Synder/Hickey to clqse the nomination. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None Walter Hamburg was named to the County Chamber of Commerce. Councilmember Hickey Councilmember Hickey suggested we send a letter on behalf of the Council to Senator Barry Keene in appreciation of his support of the City's position against SB426, the compulsory and binding arbitration legislation. City Council concurred. Councilmember Hickey also stated that in regards to the suit by the 36 counties in the State that are challengeing State action in mandates that don't provide funds to cover the costs involved, 8 of those do pertain to cities, or at least affect them and therefore we should watch them very closely and be ready to support the counties in any way we can. Councilmember Hickey attended a WAPA meeting in Sacramento regarding CVP power and it looks like a contract will be approved, effective March 1, 1982. Reg. C/C Mtg. 1/20/82 Page 6 61 Councilmember Snyder Asked if the crosswalk had been put in at Gobbi and Leslie. Public Works Director stated that it has been authorized and will be completed when weather permits. Councilmember Riley Asked what happened to the hillside ordinance. Planning Director responded that it will be to the City Council in March as part of the revised zoning ordinance. Mayor Myers Referred to the letter requesting Scouts in City Government Day during the Febuary's Boy Scout Anniversary month.~ Council determined February 17, 1982 to be Scouts in Government Day. Mayor Myers will be attending Mendocino Council of Governments meeting 2/1/82. Public hearings will be held on the regional transportation plan and on consideration of the unmet needs for transportation. Anything left over goes to streets and roads. After Executive Session, City Council adjourned to January 27, 1982 for work session concerning VHPC. Sandi Gutierrez, Deputy City Clerk Reg. C/C Mtg. 1/20/82 Page ?