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HomeMy WebLinkAboutmin 12-02-81MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH-DECEMBER 2~ 1981 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, Riley, Myers; Councilmembers absent: Snyder. Staff present: Payne, Acting City Attorney Johnson, Kruth, Harris, Frame, Roper, Tillotson, Melvin. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Mayor Myers and Councilmember Hickey led in the Pledge of Allegiance. COUNCILMEMBER SNYDERARRIVED AT 6:32 P.M. APPROVAL/CORRECTION OF MINUTES M/S: Riley/Feibusch to approve the minutes of November 9, 1981, November 18, 1981 and November 23, 1981 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. PROCLAMATION Mayor Myers proclaimed December 6 - December 12, 1981 as International Human Rights Week. A representative of Amnesty International received the proclamation. CONSENT CALENDAR City Manager requested that Agenda Item 6d, award of bid for legal publications, be pulled. Councilmember Feibusch requested that Agenda Item 6e, Report of Administrative Actions & Proposals ~R.A.A.P.), be pulled. M/S: Snyder/Hickey to approve Consent Calendar Items 6a-6c as follows: 6a. Payroll Warrants, #17278-17417, $69,368.10; 6b. General Warrants, #18804-18859, $96,266.84; 6c. Denied claim for damages of Hildred J. Young and referred the matter to the City's insurance carrier. Mayor Myers stated that Agenda Items 6d and 6e would be considered under New Business. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None ADDITION TO AGENDA City Manager requested that consideration of bid for the house located at 601 A Marshall Street be considered. M/S: Feibusch/Snyder to add Agenda Item llg, bid for house at 601 A Marshall Street. Motion carried by unanimous voice vote. PUBLIC HEARING Reg. Mtg. 12/2/81 Page 1 7b. APPEAL OF PLANNING COMMISSION'S APPROVAL RE USE PERMIT NO. 82-26 FOR CATERING SERVICE FOR PRIVATE PARTIES 306 S. PINE City Manager stated the City Clerk had been notified by telephone of applicant's '~cancelation of escrow and request for withdrawal of the use permit application. He further stated that it is City Attorney's recommendation that as the use permit was approved by the Planning Commission and appealed to the City Council, that formal action by Council is required. PUBLIC HEARING OPENED: Dale Spencer, 1521 Glenwood, was of the opinion that a commercial use that operates in the evening and on weekends is not a proper use in this particular neighborhood because of the residences with elderly people and those with children. He felt there would be an increase in noise and traffic. Lora Welsh, 309 S. Spring, did not feel the proposed use is proper in this neighborhood. Fred Graber, 214 South Bush, felt it would be a tragedy to lose this particular neighborhood to commercial. He was of the opinion that there was a possibility that commercial use of this landmark home could cause loss of its character. Orville Jackson, 307 South Bush, objected to the increased traffic and parking and did not feel this was a proper use for this neighborhood. PUBLIC HEARING CLOSED. M/S: Hickey/Riley to deny Use Permit No. 82-26. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None 7a. ELECTRIC RATE ADJUSTMENT City Manager stated that the Electric Department entered this fiscal year $310,000 overspent basically because of purchase power costs as the City is tied to P.G.&E.'s costs. He further stated that useage for July, August and September of this fiscal year, after application of the air conditioner life line rates, were less than the previous fiscal ~year for the same months. He reviewed how the City, through development of alternate resources of energy, is moving away from its single source of supply. He stated that if Council approves the resolution, the base rate will be 5% lower than the service area outside the City. PUBLIC HEARING OPENED: Earle Connor, 104 N. Highland Avenue, expressed concern that many people cannot afford the increases. He referred to the electric rate increase hearings of a year ago and asked if funds from the Electric Department were still being transferred to the General Fund? John Griffin, 500 Park Boulevard, asked how far down the road were the alternate sources of energy and what assurance the City could give that rates will be reduced at that time? Mayor Myers stated not only is the Council involved in alternate sources of energy as reviewed by the City Manager but is examining other areas as. well. He was of the opinion, with the development of alternate sources of'energy and with the escalation in costs for the area outside the City, that the City will be able to hold its own.--- Councilmember Hickey felt the chances of reducing the rates would be very small because of the costs involved in the alternate energy projects and felt, although there will be some escalation in the rates, it will be at a much slower rate than that of the area outside Ukiah. Reg. Mtg. 12/2/81 Page 2 4O PUBLIC HEARING CLOSED. Councilmember Feibusch stated he has been consistently opposed to increases in electric rates but as the proposed resolution ties the rates of the consumers in the City to 5% less than P.G.&E.'s rates, he would vote in favor of the rate increase. M/S: Snyder/Feibusch to adopt Resolution No. 82-37 adopting electric rate schedule. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, /-~' Snyder, Riley, Myers NOES: None ABSENT: None i PETITIONS & COMMUNICATIONS 8a. REQUEST TO WAIVE INSURANCE FEE, PL & PD, MENDOCINO COUNTY COALITION FOR ERA City Manager stated that waiver of the insurance fee has been requested by the Mendocino County Coalition for ERA for their parade. He requested that the Council be consistent in their action as insurance has always been required in the past from other agencies for events such as this. Carol Park, applicant, stated it is her understanding that the City has insurance available to cover such events but understood the Council had ~the power to waive that fee. Mayor Myers stated insurance coverage is available through REMIF but a fee is required to be paid. Carol Park asked if the City had ever paid the insurance fee? City Manager stated that the City has never paid the fee for any organization. Ms. Park stated they would obtain the necessary insurance to cover their parade and withdrew her request. 8b. REQUEST TO PLACE ARTICLE 34 ON BALLOT COMMUNITY DEVELOPMENT COMMISSION City Manager stated that Community Development Commission has requested that Article 34 be placed on the next ballot. He referred to the State Constitution provides that low cost housing projects by local agencies cannot occur without a majority vote of the population. He pointed out, with passage of this resolution, State funding could become available and this could open the door to putting the City in the housing business. M/S: Riley/Feibusch to adopt Resolution No. 82-38 placing measure on ballot for the next regular City/County election. Councilmember Feibusch felt the public should decide this issue and Council should not be making the decision for the voters. Councilmember Riley stated this is enabling legislation and does not tie the City to any role in the formation of housing. She pointed out that the General Plan states the Council will encourage other agencies in obtaining financing and felt Article 34 was encouraging that process. Councilmember Hickey, in his review of the State Constitution dealing with this issue, felt the City would not have any say regarding participation in a housing project. Acting City Attorney stated that in reviewing that one section it would seem to state that but review of the entire Article 34 may provide an answer for this. Councilmember Hickey referred to the Wagonseller project and the City's responsibility to that project since the City applied for the grant. Councilmember Snyder stated she was very uncertain what the fiscal impact on the City would be and felt the City was already cooperating fully with various agencies for low income housing. She was of the opinion that multiple agencies meant more administrators at the taxpayers' expense. She did not feel putting the measure on the ballot was the appropriate thing. In her opinion, council was elected to make decisions for the voters. Reg.Mtg. 12/2/81 Page 3 41 Roy Tindall, 804 W. Church, stated that at the previous November 4 election, Willits passed a measure to provide additional housing units and they have not had any problems with the project they had engaged in before. He pointed out that the City would not own the units unless it formed a housing authority. He stated the referendum places the measure before the voters and if passed, allows agencies power to apply for certain funding. Maryann Villwok, Redwood Legal Assistance, suggested that the wording "Shall the City of Ukiah be authorized to assist..." could be added to the proposed resolution which would allow for funding but would not require or bind the City. Mayor Myers stated he was in favor of the motion as it goes before the voters and pointed out the need for housing for the elderly, low income and handicapped people. The maker of the motion, with the consent of the second, amended the original motion to include the wording "Shall the City of Ukiah be authorized to assist..." within the resolution. Original motion as amended carried by the following roll call vote: AYES: Feibusch, Riley, Myers NOES: Hickey, Snyder ABSENT: None UNFINISHED BUSINESS 9a. AUDIT REPORT, EMMETT JONES Mayor Myers stated the matter would be continued for the arrival of Emmett Jones. CITY MANAGER RECOMMENDATIONS 10a. EMPLOYMENT OF ORRICK, HERRINGTON, SUTCLIFFE, BOND COUNSEL, LAKE MENDOCINO PROJECT City Manager stated that, by letter, Orrick, Herrington, Sutcliffe have provided an agreement for them to provide bond counseling for the Lake Mendocino Project. He added their fee is 1/4 of 1% of the principal amount of the bonds issued. M/S: Synder/Riley that City Council approves the terms of the agreement submitted by Orrick, Herrington, Sutcliffe as bond counsel for the Lake Mendocino Project and authorizes City Manager and Mayor to sign the agreement. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None 10b. POLICY RESOLUTION ESTABLISHING DATES FOR GENERAL PLAN AMENDMENTS 82-36 M/S: Riley/Snyder to approve Policy Resolution No./ establishing dates for General Plan amendment. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None NEW BUSINESS lla. REPORT ON VANDALISM IN CITY PARKS Parks and Recreation Director stated that Municipal Park and Vinewood Park experience constant vandalism and proposed that through'the months of December-February that the bathroom in Municipal Park be locked at 3:30 P.M. and reopened at 7:00 A.-~. and that the bathrooms at Vinewood Park be closed indefinitely. M/S: Hickey/Snyder to adopt the Parks and Recreation Director's report regarding closure of bathrooms at Municipal and Vinewood Parks. Reg. Mtg. 12/2/81 Page 4 Linda Foster, E. Gobbi, supported the closure of the bathrooms at Vinewood Park because of the vandalism of the Park. Motion carried by unanimous voice vote. llb. AMENDMENT NO. 3 TO NCPA JOINT POWERS AGREEMENT, SELECTION OF NEW TREASURER & CONTROLLER Councilmember Hickey reviewed for Council those amendments made to the Joint Powers Agreement which included selection of a new Treasurer and Controller for NCPA in connection with the Agency'.s move to Placer County, provision for a General Manager and that associates be entitled to attend all regular and special meetings. M/S: Hickey/Riley to approve Amendment No. 3 to Northern California Power Agency Joint Powers Agreement revised as of April 1, 1973. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None llc. AUTHORIZATION TO PURCHASE REPLACEMENT TRAFFIC SIGNAL CONTROLLER City Manager stated that the City has been experiencing difficulties with its traffic signal control equipment and although the problem was recognized in last year's budget, complete funding of the needed equipment could not be budgeted. A portion of the funding was budgeted in the traffic signal account and it is recommended that the additional $20,000 necessary for the purchase of the equipment be allocated from the special gas tax fund as the railroad crossing gates at Talmage currently budgeted will not be expended during this fiscal year. He also pointed out that an additional $3,000 is needed for labor. Councilmember Feibusch felt Option No. 3, replacement of all intersections at a cost of $53,200 would be a better choice than Option No. 2 at a cost of $20,990 because of escalation of costs. Councilmember Feibusch felt that consideration should be given toward doing all intersections now and asked what assurance the City has that the price quoted for all 10 intersections will be the same next year? Maurice Roper, Electrical Department, stated the price quoted is good only to December 31, 1981 but he felt the problem was were does the financing come from. City Manager stated the City is at the point of scratching one project for another. M/S: Feibusch/Hickey that Council approves Recommendation No. 2 to replace controllers at 6 intersections at a total cost of $32,210 and approves the budget transfer authorization requested. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None lld. NORTH COAST ENERGY SERVICES~. INC., PRELIMINARY DRAFT OF SOLAR UTILITY PROGRAM PLAN City Manager stated that North Coast Energy Services, Inc. is presenting a preliminary draft of a solar utility program for Council review and it will be discussed at a later meeting. He also reported for Council information that since the City's withdrawal from CALSEDA, Palo Alto has also withdrawn. John Pateros, North Coast Energy Services, Inc., was of the opinion the program is a viable one but it does need more work as some issues were partially addressed in the report. Discussion was had regarding the 15% "add on" to cover administrative expenses, repayment or a lien upon the property for weatherization and passive hot water systems for low income people or renters. City Manager pointed out that the proposed program involves no funding from the City and if the Council endorses this program, they should be cautious not to duplicate services already provided. Reg. Mtg. 12/2/81 Page 5 UNFINISHED BUSINESS 9a. AUDIT REPORT, E~R~ETT JONES Emmett Jones, City Auditor, stated that he had prepared the report on the financial statements and it would be appropriate to accept the report formally. He further stated he would be available to the Council for review of the report on an individual basis and thanked staff for their help in the preparation of the report. M/S: Riley/Snyder to accept the audit report. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None NEW BUSINESS lle. AWARD OF BID FOR LEGAL PUBLICATIONS, REMAINDER OF FISCAL YEAR City Manager reported that two bids had been received, Ukiah Daily Journal, $2.75 per column inch for the first insertion and $1.50 for each additional publication of the same legal notice, and Mendocino Grapevine, $1.90 per column inch for the first insertion and $1.75 for each additional publication of the same legal notice. He pointed out that the Ukiah Daily Journal is published daily, except Saturday and the Mendocino Grapevine is published weekly. Acting City Attorney stated that legally Council does not have to accept the lowest bid. He further stated that as the City needs to have notices fairly well distributed and well publicized, they could refuse a lower bid in favor of a higher bid because of wider circulation in the community. Councilmember Snyder asked the average number of times a notice is run. City Manager stated that it is generally 1 or 2 times and currently the City is paying $3.15 per column inch. M/S: Snyder/Hickey to accept the bid of Ukiah Daily Journal for $2.75 per column inch for the first insertion and $1.50 for each additional publication of the same legal notice. Councilmember Snyder expressed concern regarding the delivery method of the Grapevine and the solicitation of subscriptions or donations. Councilmember Hickey felt that unsolicited papers generally are thrown away. Councilmember Riley felt the Grapevine should be given a chance because it appears to be a well read newspaper. In the spirit of competition, her recommendation was to award the bid to the Grapevine. Julia Dunn, Classified Ad Manager, Ukiah Daily Journal, stated the newspaper has 80% paid daily circulation and would be able to publish all notices as required. Also the Journal bends deadlines in order for the City to meet legal requirements. She further pointed out that the Ukiah Daily Journal does cover all City Council meetings. Steve Greene, Mendocino Grapevine, stated they do receive legal notices from the County. He futher pointed out that many cities have a newspaper on a volunteer basis. He felt their bid offer should bear a great deal of scrutiny as the sale of so many newspapers in Ukiah does not necessarily mean that those papers are going to Ukians. Councilmember Feibusch pointed out that no reporters from the Mendocino Grapevine attend Council meetings. Mr. Greene stated this is a problem for a weekly newspaper as their newspaper is printed Wednesday morning and the Council meetings are held Wednesday night. It was pointed out that the bid process will be done again at the end of this fiscal year. Reg.Mtg. 12/2/81 Page 6 44 Linda Foster, Ukiah, felt that as the Grapevine is published Wednesday morning, City news would'be a week old by the time it is published and noted that many times unsolicited material is thrown away without being read. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Myers NOES: Riley ABSENT: None llf. REPORT OF ADMINISTRATIVE ACTIONS & PROPOSALS (R.A.A.P.) Councilmember Feibusch, in his review of the November 12, 1981 Planning Commission minutes, noted that the Zoning Ordinance section numbers did not correspond to the present Code. Planning Director stated that the numbering of the proposed revised zoning ordinance is different from the present zoning ordinance. Councilmember Feibusch referred to Section 9161 dealing with the surface of parking areas and stressed the need for a permeable surface to preserve water runoff. Planning Director stated alternative surfacing is provided for within that section. M/S: Feibusch/Snyder to approve 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 llg. CONSIDERATION OF BID FOR 601 A MARSHALL STREET, SHAPIRO City Manager stated that Council directed staff to contact agencies regarding surplus homes the City has for sale; staff has not had an opportunity to pursue all contacts. A bid has been received from Mike Shapiro for Marshall Street ~house in the amount of $100. M/S: Feibusch/Hickey to award the bid for 601 A Marshall Street in the amount of $100 to Mike Shapiro. Councilmember Riley stated she wanted to pursue the contact with agencies as they would guarantee the homes for low income people. Director of Public Works stated that these agencies had been notified originally and no response was received from them at that time. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Myers NOES: Riley ABSENT: None CITY COUNCIL REPORTS Councilmember Hickey reported that he, the Mayor and City Manager attended the November 19 NCPA meeting and attended a meeting with WAPA on November 20 regarding preliminary work on the contract proposals regarding the 6 mega watts of power. Councilmember Feibusch reported that Security Pacific Bank had been before the Project Review Committee and noted that several requirements were made. Planning Director stated that the matter will be before the Planning Commission at their next meeting. Councilmember Feibusch felt the Bank should be encouraged and not hindered from locating in the downtown area. Councilmember Feibusch stated one of the goals given to the City Manager was citizen participation on the Traffic Engineering Committee and this has not happened yet. He also pointed out that the minutes of the Traffic Engineering Committee recommend a signal at North Main and Clara. City Manager reported that one citizen has already been appointed to the Committee and he is presently working on appointing two more members from the private sector. Councilmember Snyder asked when the Board of Supervisors would consider the election date change and requested that staff verify that it would be on the Board's agenda for Tuesday, December 8, 1981. Reg .Mtg. 1212181 Page 7 Councilmember Snyder reported that a tree in front of the Library needs to be pruned. Councilmember Riley reported she would be working toward encouraging computer companies to locate in Ukiah and suggested that the City provide financial incentives for their location here. Councilmember Feibusch reported that he did bring this matter up before and was told that the City cannot legally offer incentives to encourage companies to locate here. Councilmember Riley spoke to the incentives given by Garden Grove. Mayor Myers reported on the groundbreaking ceremonies for the Wastewater Treatment Plant. He reminded Councilmembers of the City Employees dinner this Friday night and expressed the Council's appreciation for Tom Johnson sitting in as City Attorney for this meeting. Mayor Myers stated that the Tree Lighting Ceremony would be held this Friday. ADJOURNMENT - 9:40 P.M. - to December 8 and 10 1981 for architectural interviews. ' Mary Melvin Deputy City Clerk Reg.Mtg. 12/2/81 PaEe 8