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HomeMy WebLinkAboutmin 10-21-8101 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - OCTOBER 21~ 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, Snyder, Riley, Myers. Staff present: Payne, Orchard, Kruth, Harris, Beard, Goforth, Tillotson, Melvin. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Mayor Myers and Councilmember Snyder led in the pledge of allegiance. PROCLAMATION Mayor Myers proclaimed October 23 - November 23, 1981 as Veterans ReCogniti6n Month with special emphasis on Vietnam veterans. APPROVAL/CORRECTION OF MINUTES M/S: Riley/Hickey to approve the minutes of October 7, 1981 as submitted. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None' RIGHT TO APPEAL DECISION Mayor Myers read a portion of Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. CONSENT CALENDAR M/S: Snyder/Hickey to approve Consent Calendar Items 7a-7f as follows: 7a. Payroll Warrants, #16851-16992, $66,425.73; 7b. General Warrants, #18468-18595, $566,519.43; 7c. Found Negative Declaration for softball/soccer complex adequate and complete; 7d. Approved Resolution No. 82-20 accepting the negotiated exchange of property tax revenues for the Munson-Hastings Reorganization (No. 81-6); 7e. Authorized filing of Notice of Completion, School Street Undergrounding; 7f. 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. ADOPT ORDINANCE NO. 772 AUTHORIZING ISSUANCE OF PUBLIC POWER REVENUE BONDS BY NCPA (NORTH FORK STANISLAUS RIVER HYDROELECTRIC DEVELOPMENT POWER PROJECT) M/S: Snyder/Riley to adopt Ordinance No. 772 by title only. Motion carried by unanimous voice vote. M/S: Snyder/Hickey to adopt Ordinance No. 7~2 authorizing issuance of public power revenue bonds by NCPA (North Fork Stanislaus River Hydroelectric Development Power Project). Motion carried by the following roll call vote: AYES: Hickey, Snyder, Riley, Myers NOES: Feibusch ABSENT: None Reg.Mtg. lO/21/81 Page 1 O2 10b. ADOPT ORDINANCE NO. 773 AUTHORIZING ISSUANCE OF NOTES BY NCPA (NORTH FORK STANISLAUS RIVER HYDROELECTRIC DEVELOPMENT POWER PROJECT) M/S: Hickey/SnYder to adopt Ordinance No. 773 by title only. Motion carried by unanimous voice vote. M/S: Hickey/Riley to adopt Ordinance No. 773 authorizing issuance of notes by NCPA (North Fork Stanislaus River Hydroelectric Development Power Project). Motion carried by the following roll call vote: AYES: Hickey, Snyder, Riley, Myers NOES: Feibusch ABSENT: None TIMED ITEM- 6:40 P.M. 8a. BERT HINDS, 535 S. SPRING, DRAINAGE CHANNEL EROSION PROBLEM City Manager Payne stated that a request was received from Mr. Bert Hinds at 535 South Spring Street, who represented adjacent property owners, for a storm drain project adjacent to their properties. He pointed out to Council that contained within the request was a statement giving the City a one time easement for the sole purpose of installing the culvert. City Manager was of the opinion that this would be unacceptable to the City and would not serve their best interests should the need arise for repair to the installed storm drain. The Department of Public Works has estimated the cost of the total project to be $7,480 and City Manager recommended that Council authorize staff to proceed with a force account project for installation of the storm drain in the amount of approximately $3,740 subject to the property owners purchasing the necessary pipe and the City installing it. City Manager also pointed out that should the Council abandon the budgeted storm drain-project for School Street in favor of this project, it would be necessary to call for bid. Councilmember Feibusch felt the City Manager's recommendation would be appropriate if this was a new development, but Mr. Hinds has lived at this location and paid taxes to the City for a number of years. He stated he would like to see this project funded by the City and the money come out of next year' s budget. Councilmember Snyder felt there was a potential problem of further erosion occurring. M/S: Snyder/Hickey that the City of Ukiah install the culvert and take care of the problem 100% with the understanding that the City has a permanent easement in the event the culvert must be maintained. Councilmember Snyder pointed out that her motion did not put the project in next year's budget nor did it do away with one project for another. She was of the opinion that staff could work out the financial arrangements. Councilmember Feibusch pointed out, if the project were to go to bid now, it would be difficult for a contractor to install the culvert as the rainy season is upon us. Councilmember Riley felt the development to the' West of the subject properties has caused the increased erosion and this is not the responsibility of the property owners. She pointed out to Council that they must be careful not to set a broad precedent and felt approval of the project would resolve an issue that is beyond the control of the property owners. Bert Hinds, property owner, felt the problem was caused by the City because ....... f the five pieces of property put water in the drainage ditch. He felt that he had lost 5'-8' of use of his property from erosion. He felt a permanent easement could be worked out with the City for repair and maintenance. In answer to a question regarding time frame, Mr. Hinds stated Reg. Mt g. 10/21/81 PaEe 2 O3 that the property owners could get by with the erosion problem this year if they knew the project would be done next year. Pete Simoncini, property owner, agreed with what Mr. Hinds had stated and Annette Ornilalicia, property owner, also supported Mr. Hinds' statements. Mayor Myers and Councilmember Riley felt it would be prudent that the project be made part of the 1982 fiscal budget consideration as a top priority matter. It was pointed out that if the project went to bid now, it would be next year before the project could be started. ? Councilmember Snyder expressed concern that if the matter is considered during budget consideration, there might be new councilmembers sitting on the Council who do not share this Council's concerns. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley NOES: Myers ABSENT: None Councilmember Snyder stated to Mr. Hinds that the motion made no provision for the fence and if the property owners wanted it replaced, they would have to do it themselves. City Manager stated that staff will proceed to prepare plans and specifications and if there is enough money in the budget this year, it will be brought back to Council. If there is not enough money in the budget, it will be dealt with during budget session. PUBLIC HEARING 9a. CONTINUATION OF CONSIDERATION OF RATE INCREASE, WATER SERVICE City Manager stated that at their last meeting, Council expressed concern with increasing the monthly minimum service charge and at the same time reducing the quantity of water and directed staff to provide alternative rates. City Manager pointed out that any of the proposed alternates presented would generate the same revenue as the original proposal. PUBLIC HEARING CONTINUED FROM PREVIOUS MEETING: City Manager further pointed out that the proposed alternatives did away with the tier system and there is no discount for large users. PUBLIC HEARING CLOSED. Councilmember Feibusch stated there is no doubt that the City must increase the revenue out of the water system and proposed the following water rate schedule: Minimum charge to remain at $6.00 with minimum quantity allowed of 500 cubic feet with quantity charge of $.30 per 100 cubic foot making the 10,000 gallon consumer pay $8.51; the 20,000 gallon consumer pay $12.52 and the 50,000 gallon consumer pay $24.56. This proposal would raise additional revenue but would make it easier on the customer who did not use as much water. Discussion was had regarding the average household use. Ted Goforth, Deputy Director of Public Works, reported from their survey that 10,000 gallons was the average for a small home; 20,000 gallons was the average for a home with 3-4 people and 50,000 gallons represented a large home. Councilmember Hickey reported that Irish Beach's survey showed 400-450 gallons a day as the average household use. Councilmember Snyder stated she liked the proposed alternate rate of $5.00 minimum service charge with minimum quantity allowed of 300 cubic feet. She reported she has received many calls from people on fixed incomes, elderly and people living alone who do not use the minimum. M/S: Snyder/Hickey to adopt Resolution No. 82-21 adopting revised schedule of water rates; effective time; repeal of prior schedule with the following water rate schedule: Monthly service charge, minimum $5.00; quantity allowed for minimum: 300 cubic feet; to be based on 34¢ per 100 cubic feet. Reg.Mtg. lO/21/81 Page 3 O4 Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None 9b. CONTINUATION OF CONSIDERATION OF SOLID WASTE DISPOSAL FEES City Manager stated the subcommittee has met and a report would be made. PUBLIC HEARING CONTINUED FROM PREVIOUS MEETING: City Manager stated the original staff reco~endatio~"was a $.25 increase across the board, i · Marvin Bowen, Modern Disposal Service, asked tha~ the subcommittee's report be made before he made his statement. Councilmember Riley stated she, Councilmember Snyder, Director of Public Works and the Finance Director had met and reviewed different kinds of revenue producing proposals; in particular, a charge per cubic yard or flat increase for private haulers and a small increase for commercial haulers. The subcommittee is in support of staff's recommendation and suggested to Council the investigation of scales being installed at the dump site. Councilmember Snyder stated that staff provided the subcommittee with a five day report. The dump was used by 465 vehicles with an average of 2 cubic yards. She made the following proposal: $1.50 each for cars, vans and station wagons; $3.00 for all trucks and two wheel trailers (does not apply to oversized trucks). Staff and other members of the subcommittee were consulted regarding this proposal and each concurred. Mr. Bowen stated with the proposed rate increase, the rates of commercial haulers would have to be increased and Ukiah citizens would have another rate increase. He felt there should be no problem calculating garbage by the yard and felt the dump attendants were very competent. Jerry Ward, Mendocino Solid Waste, asked, as Solid Waste pays 15% franchise fee on their gross sales, where that money goes? City Manager reported that the fees collected are used in support of the cleanup program and street cleaning. Mr. Ward reported that their firm has a franchise agreement with Willits and the dump at Willits is open only five days a week. He stated his firm has a key to the lock on gate and felt if Ukiah's dump were run on a similar basis, an employee could be discharged and thereby cut costs. PUBLIC HEARING CLOSED. Councilmember Hickey felt the cubic yard method was the fairest but as the program was not successful in the past, he suggested that 10-12 photographs of vehicles and the cubic yardage they can hold be posted at the dump to eliminate confusion. M/S: Riley/Snyder to accept Resolution No. 82-22 establishing fees and charges at the Ukiah Municipal Solid Waste Site amended as follows: Cars, vans and stationwagons - $1.50; all trucks and two wheel trailers - $3.00. Motion carried by the following roll call vote: AYES: Hickey, Snyder, Riley, Myers NOES: Feibusch ABSENT: None No action was taken regarding placement of scales at the dump site. NEW BUSINESS ~ lla. POLICY DISCUSSION REGARDING RELEASE OF WARRANTS City Manager stated that concern had been expressed with the City policy where certain warrants are released prior to Council approval. Reg.Mtg. 10/21/81 Page 4 05 Councilmember Hickey was of the opinion that the Finance Director was capable of deciding what warrants are to be paid and felt no action was necessary. Councilmember Feibusch stated he wanted to know when money is disbursed and reiterated his suggestion that a two member committee be appointed to approve issuance of warrants before Council approval. Councilmember Snyder agreed with Councilmember Feibusch's concern but felt committee approval not practical or workable. She suggested that if a member of Council is appointed, it should be the Mayor. Councilmember Feibusch felt councilmembers should be involved in the disbursement of money. ~ It was pointed out that the first sheet of the Warrant register contains those checks issued before Council approval. Roy Brosig, Finance Director, stated that the remaining checks are placed in the safe pending Council's approval. No action was taken by Council. llb. APPROVAL OF SUN HOUSE POLICIES & PROCEDURES Councilmember Snyder requested that subject matter be continued to Council's November 4, 1981 meeting so that she might complete her review of the matter. Linda Wickert, Museum Director, Sun House, stated the proposed forms submitted for Council consideration are needed and most are based on standard museum policy and will help meet the needs of the museum. Matter was continued to Council's November 4, 1981 meeting. llc. APPROVAL OF TIME SCHEDULE FOR CITY HALL ARCHITECTURAL SERVICES City Manager stated Council is requested to approve the time schedule; review the list of architects and to determine whether applicants should be screened by staff or Council. He pointed out that contained in the Request for Proposal is a requirement for maximum cost amount of services. It was the consensus of Councilmembers that they be actively involved in the selection of the architectural services. City Manager asked if the initial screening should be done during public or private meeting? City Attorney was of the opinion that as it was a screening process, it should be in private. M/S: Riley/Feibusch t° accept the selection process schedule amended as follows: November 23-25, 1981 - Council and staff review; December 16, 1981 changed to January 6, 1982; page 1 of Request for Proposal - 7 copies of the proposal to be submitted instead of three; and, last line of page 1 to read: "and are to be received no later than 12:00 P.M. on November 20, 1981." It was pointed out that no reference is made to state licenses for architectural firms. City Manager stated this would be included. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None RECESS: 8:25 P.M. lld. AUTHORIZE AGREEMENT WITH STATE OF CALIFORNIA RE BUS/GARAGE & MAINTENANCE FACILITY - $49~350 GRANT M/S: Riley/Snyder to authorize execution of Agreement with State of California regarding bus/garage & maintenance facility. Reg.Mtg. 10121181 Page 5 O6 Motion carried by unanimous voice vote. lle. MATTER OF ELECTION OF MAYOR AND CITY ATTORNEY Councilmember Feibusch asked that the matter be continued to Council's November 4, 1981 meeting as he had originally requested. Subject matter was continued as requested. llf. CONSIDERATION OF COST REPORT AND PROTESTS REGARDING ESTABLISHMENT OF LIENS FOR WEED ABATEMENT, 1~81 M/S: Feibusch/Hickey to adopt Resolution No. 8Z-23 directing unpaid weed abatement cost placed on tax roll. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None llg. RESOLUTION ESTABLISHING RENTAL RATES AT AIRPORT ADMINISTRATION BUILDING Bill Beard, Assistant Director of Public Works, stated in order to establish a basis for rate increase, staff took the operating costs for the fiscal year 1980-81. He was of the opinion that the proposed $.60 square foot increase was reasonable. He pointed out that there is one City office in the Administration Building but no rent is collected for that office. Councilmember Riley referred to the City office and asked how the accounting procedure worked? Mr. Beard stated that the City does not pay itself but the rest of the revenue derived from the office space is shown as revenue. M/S: Snyder/Feibusch to approve Resolution No. 82-24 establishing the rental rate at the City of Ukiah Airport Administration Building with staff recommended rates. Dick Sarber, Ukiah, took exception to the figures presented by staff. He gave an example of the building he owned in downtown Ukiah and the price he pays for gas and electricity. He felt the utilities at the City Administration Building included a number of items that should not be charged to the tenants, such as, candy and coke machines, lights in the airport manager's office, outside perimeter lighting, lights within the hallways and public walkways, water for the restroom and lawns. He felt 2-3 tenants were being asked to foot the entire bill for the revenue increase. He also felt that the Airport Commission recommendation were not considered seriously. Joe Johnson, Ukiah, agreed with Mr. Sarber's statements and reiterated that two tenants should not be expected to support the general populace. Councilmember Snyder stated she does pay considerable attention to Airport Commission recommendations but did not feel the tenants at the Airport were overburdened and did not feel the taxpayers should subsidize the airport. Councilmember Riley stated she too reviewed the Airport Commission minutes. She further stated that lighting and watering of lawns are typical parts of renting buildings and felt the administration bUilding should pay for itself. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None llh. RESOLUTION ESTABLISHING RENTAL AND LEASE RATES AT AIRPORT FOR VARIOUS BUILDINGS, HANGARS AND LANDS M/S: Snyder/Riley to approve Resolution No. 82-25 establishing the rental and lease rates at the City of Ukiah Airport for various buildings, hangars and lands based on staff recommendations. Reg. Mtg. 10/21/81 Page 6 O7 Bill Beard, Assistant Director of Public Works, reviewed for Council the various hangar sizes and what type of airplane each accommodated. .The proposed revenue increase on the hangars is due to the proposal in the budget to purchase 15 new hangers. He pointed out that the hangars are not only used for airplanes but as storage space. Councilmember Riley asked why the two permanent hangars' rents were $50.00 each when one was larger? Mr. Beard stated that the 1,000 sq. ft. hanger is an odd size. Don Haley, Ukiah, questioned the practice of the ai~0rt being charged by other departments. He felt the Airport Commission does not get proper consideration on its advice to Council. He objected to the 70% increase for the 1000 sq. ft. permanent hanger. Robin Moerman, Potter Valley, was of the same opinion. City Manager stated that it was his understanding that the Council working with the Finance Department has made the determination and has advised the Airport Commission that the airport operation serve as an enterprise fund and taxpayers not support the airport. He also felt Council was working with the Airport Commission toward a better airport as evidenced by the budget approval of Airport Commission recommendations. Director of Public Works Kruth stated that the airport is charged for services rendered by another department as is any other function is within the City. He also pointed out that the General Fund of the City has contributed heavily toward the grant programs for the Clear Zone and much of that property acquired was not acquired by revenues from the Airport itself. Dick Sarber, Ukiah, disagreed with the amount of increase proposed, in particular, the 70% increase on the 1000 sq. ft. permanent hanger. It was his opinion that the Council rarely goes along with Airport Commission recommendations. Bob Deviny, Ukiah, felt the large sized planes appropriate for the permanent hangers do not exist now at the Airport. Councilmember Feibusch felt that the Airport boundary lines should be defined and if the Airport Clear Zone is considered airport property, the Airport Commission should be encouraged to make that land revenue producing. M/S: Feibusch/Riley to amend the original motion as follows: Staff recommendations for the open hanger and hangar office remain; port-a-port hangar - $55; 900 sq.ft, permanent hanger - $60; 1000 sq. ft. permanent hanger - $70.00; port-a-port, 1200 sq.ft. - $110. Councilmember Hickey was of the opinion that the proposed 70% increase for the 1000 sq.ft, permanent hanger was inordinante but felt staff recommendations for the remaining hangers were acceptable. Councilmember Snyder stated she concurred with Councilmember Hickey's statements and pointed out that there has not been an increase in rental fees for four years. A member of the audience felt one of the councilmembers might have a conflict of interest. City Attorney determined that there was no conflict of interest. Amendment to original motion failed by the following roll call vote: AYES: Feibusch, Riley NOES: Hickey, Snyder, Myers ABSENT: None M/S: Hickey/Snyder to amend the original motion by setting the rental fee for the 1000 sq. ft. hanger at $75.00. Amendment to original motion carried by the following roll call vote: AYES: Hickey, Snyder, Riley, Myers NOES: Feibusch ABSENT: None Reg.Mtg. 10/21/81 Page 7 O8 Original motion as amended carried by the following roll call vote: AYES: Hickey, Snyder, Myers NOES: Feibusch, Riley ABSENT: None lli. SET DATE TO CONSIDER 1981 AUDIT REPORT Council set November 18, 1981 to consider the 1981 audit report. llh. RESOLUTION ESTABLISHING RENTAL AND LEASE RATES AT AIRPORT FOR VARIOUS BUILDINGS~ HANGARS AND LANDS Director of Public Works Kruth asked if the action ~ council regarding subject matter also included rate increases for the large hangars. Mayor Myers stated that the action taken did include a rate increase for the large hangars but Council would hear any comments regarding this under comments from audience. llj. RECEIPT OF REPORT ON AIRPORT RUNWAY REHABILITATION M/S: Riley/Snyder to receive the report on the City of Ukiah Airport Runway Rehabilitation and to send copies of the report to the Airport Commission members. Councilmember Feibusch asked what is the desirable gross weight design for the improvements? Director of Public Works Kruth stated they are working toward 28,500-1bs. Motion carried by unanimous voice vote. 12. COMMENTS FROM AUDIENCE Bill Beard, Assistant Director of Public Works, reviewed the proposed increase for the large hangars. Councilmember Riley referred to Smith Air and Mr. Beard stated that Smith Air has been under lease with the City whereby they lease 1-½ acres at $88.00 per month. The lease provides for a 10% increase on five year increments. They have provided their own building which will revert to the City after the lease terminates. Max Hartley, Ace Aerial, did not object to the proposed rate increase but as their private restroom is used by all airport users, felt an effort should be made to provide additional restrooms at the airport. He also pointed out that the hangar doors were in need of repair. Bob Deviny, representing Gordon Ag Service, stated they did not have any problem with the rate increase but spoke to the airplane traffic on the runway and felt the placement of the new hangars and additional airplane generated should be addressed by the Council. He also felt that as the Ace Aerial restrooms are privately owned, Council should address that problem as well. After discussion, it was the consensus of Council that staff look into the problem of the restrooms and hangar doors. 13. CITY COUNCIL REPORTS Councilmember Hickey reported that on October 8 and 9, he and the City Manager attended the annual meeting of NCPA where they received information regarding the coal fire plant in Nevada. He also referred to PG&E's recent rate increase and the requested JanuarY 1 inckeases and the need for this type of project. Councilmember Feibusch requested a copy of the NCPA audit report. Councilmember Feibusch referred'to Governor Brown's recent speech and asked if the City has taken any emergency steps regarding the grant for the Wastewater Reg .Mtg. 10/21/81 Page 8 09 Treatement Plant? Mayor Myers stated that the League of California Cities is presently investigating this. City Manager Payne stated that there would be a delay in State payments but the Federal portion, which the State handles, would continue to be passed on to the City. He pointed out that there is no abandonment of the project. Councilmember Hickey reported on the CVC power allocations and the anticipated litigation by those that did not receive an allotment. Councilmember Snyder asked if the County Chamber of Commerce had been notified that there would be no councilmembers in attendance~t their meetings and that they were investigating the possibility of appointment of other persons. Councilmember Snyder requested that copies of the smoking ordinance be sent to each city and county with a cover letter encouraging their participation in passing a like ordinance. No action was taken by Council. Councilmember Riley felt the Airport should have a plan for long term development. Councilmember Riley referred to the Traffic Engineering Committee and their consideration removal of the stop sign at Pine and Scott Streets and also reminded staff of the desire of Council to have citizens as members of the Traffic Engineering Committee. Councilmember Riley reported on new State law which would allow a change in the election date of councilmembers to correspond with the national election. She requested this matter be agendized. Councilmember Feibusch stated he would obtain copies of the bill when he is in Sacramento. Councilmember Riley referred to Pete Abrahams letter and felt plans should be made now~ for future annexation. City Manager Payne stated the matter will be on Council's next agenda. Mayor Myers reported on his attendance at the League of California Cities conference. Mayor Myers reported that the Commission appreciation dinner was well attended and that the employees have scheduled a Christmas dinner-dance at the Municipal Club House on December 4, 1981. ADJOURNMENT - 10:30 P.M. - to Executive Session MAIN STREET EXTENSION - CELIA HITE PROPERTY Council reconvened and took the following action: M/S: Feibusch/Riley to approve Resolution No. 82-26 authorizing purchase of Celia Mae Hite Property. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None ADJOURNMENT - to October 26, 1981 at 3 P.M. for Personnel Session. MARY MELVIN Deputy City Clerk Reg.Mtg. 10/21/81 Page 9