Loading...
HomeMy WebLinkAboutmin 10-07-814S5 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - OCTOBER 7~ 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, Goforth, Frame, Tillotson, Melvin. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Myers asked that Council and audience observ~ a moment of silence in memory of Anwar Sadat. ~ The invocation was given by Kathy Moses, President, Soroptomist Club, and Councilmember Feibusch led in the pledge of allegiance. PROCLAMAT ION Mayor Myers formally proclaimed October 7, 1981 as National Guard Day and members of the National Guard were present to receive the Proclamation. Appreciation was expressed to Council for their support in helping to locate a National Guard site in Ukiah. Mayor Myers presented a proclamation to Joy Simmerly, Pomo Chapter, NSDAR, proclaiming October 19, 1981 as a day of remembrance of the surrender of Cornwallis at Yorktown. APPROVAL/CORRECTION OF MINUTES M/S: Feibusch/Snyder to approve the minutes of the regular meeting of September 16, 1981 as amended and the minutes of the special meeting of September 28, 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 Councilmember Feibusch requested that Consent Calendar Item 7b, General Warrants be pulled; C°uncilmember Riley requested that Consent Calendar Item 7d be pulled. These items will be considered under New Business. M/S: Snyder/Hickey to approve Consent Calendar Items 7a, 7c and 7e as follows: 7a. Payroll Warrants, #16562-16707, 8/30/81-9/12/81; #16708-16850, 9/13/81-9/26/81; 7c. Awarded to Howard Dunn Company contract for 8-25 KVA transformers in the amount of $8,632 plus tax and to Wesco for balance of transformers in the amount of $33,705.00 plus tax; 7e. Approved lease purchase agreement with Savings Bank in the amount of $45,157.62 to upgrade the B-80 computer. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None PUBLIC HEARING 8a. Consideration Of Rate Increase For Water Service Reg.Mtg. 10/7/81 Page 1 486 PUBLIC HEARING OPENED Wayne Morrison, 144 Court, objected to the proposed increase while cutting the water allotment in half. He also pointed out that even though he might use no water during a given period, he is still charged a service fee. Linda Foster, 840 E. Gobbi, felt the proposed increase and decrease in water allotment was not fair. PUBLIC HEARING CLOSED. Councilmember Hickey stated that it is true there~is a shortfall in the water department but felt that raising the rates while?cutting the volume of water would be unfair. Councilmember Snyder agreed with Councilmember Hickey's statement and stated further that a price break should be given people who do not use large quantities of water. She felt the service charge should be lowered if the water provided is to be lowered. City Manager felt that a monthly minimum charge is in order to operate the water system. He felt the proposal was directed toward a more equitable charge for water used. He pointed out that~there has been no increase in four years and even the proposed rate increase would not balance the budget. He stressed that the water enterprise cannot continue to operate by the present method. M/S: Hickey/Snyder to continue subject matter to Council's October 21, 1981 meeting in order to give staff time to develop figures. It was the consensus of Council that staff review the following alternatives: a minimum service charge for minimum gallons used; a flat rate for each house and everyone pay for every gallon used; setting a minimum fee for no water useage and charge additional for all water used. Councilmember Feibusch asked what the condition of the water meters are and how errors are determined? Director of Public Works stated that the meters are not maintained unless the meter reader or finance department determine that a problem exists. He pointed out that they do check the meters of the larger consumers. With the consent of the maker and second of the motion, the motion was amended to include the reopening of the public hearing. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None 8b. Consideration Of Revised Schedule of Solid Waste Disposal rates PUBLIC HEARING OPENED: Nancy Parker, Ukiah, asked that the proposal for rate increase be explained. City Manager Payne stated the City desires that the disposal site be a self-sustained operation. The current rate is $1.50 per 5 cubic yards and the proposed rate increase is to $1.75. He pointed out that although the dump is owned and operated by the City, it is used by many people who are not from Ukiah. He stated a rate increase is needed to make the operation fiscally sound. Jared Carter, representing Modern Disposal and Ukiah Solid Wastes, stated that his clients do have problems with the proposed rate increase. He felt the proposed rate increase was deficient as follows: it discriminated against commercial haulers; commercial haulers would have to increase their rates and in turn lose customers; increased traffic with added consumption of Reg.Mtg. 10/7/81 Page 2 487 energy and litter blowing out of vehicles; and potential loss of income if rate increase is put into effect at this time. He proposed that the charge be a straight $1.50 per cubic yard for all uncompacted garbage. Councilmember Snyder asked how a $.25 increase across the board will affect mileage or fuel consumption? Mr. Carter stated that if the rates are increased present customers may decide to haul their own garbage because the fee is less. Councilmember Feibusch asked what the proportion is.b~tween the rate for the first five cubic yards and any additional yardage c~er 5 cubic yards? Marvin Bowen, Modern Disposal, stated all his loads are from 5 yards to 40 yards. ? Ted Goforth, Deputy Director of Public Works, stated that the requested increase is a percentage increase of all rates. He pointed out that from their survey, the average size load turned into the dump was 1-3/4 cubic yards. He further stated it is his experience that garbage is hauled by City residents to the dump when the garbage cannot normally be picked up by the haulers. Councilmember Riley pointed out that if garbage is charged by the cubic yard, a pickup truck hauling 6 cubic yards would cost $7.50. She asked what the percentage of use by commercial haulers vs. private use? Mr. Goforth felt the use by commercial haulers and private was about even, but that 55-60% of the use is from the County. Linda Foster, Ukiah, stated that when she takes a load to the dump it costs her $3.00. She felt the increase was fair and did not feel it would increase traffic. Tom Goforth, St. Francis Way, felt the $1.75 proposed rate is well warranted and suggested that the rate could be $2.00 minimum. He felt the Council should look at adjusting the pickup load fees. Marvin Bowen felt the deficit in the budget can be made up by charging by the yard and felt the dump attendants were capable of determining yardage. He would like to see the Council charge $1.50 per cubic yard for all users. Phil Ward, Ukiah Solid Waste, stated he felt very protective of the Ukiah citizens as he lost customers because of the last rate increase. He also asked, as Ukiah Solid Waste was granted a rate increase recently, what the happened with the additional increase the City received? City Manager stated that Ukiah Solid Waste received two rate increases and Council is considering an operation that has not had a rate increase in four years. Nancy Parker felt the Council should really look into the garbage rate schedule. She stated that it costs her $3.00 every time she goes to the dump and felt the fee schedule was not fair. Tom Goforth suggested that $2.00 be set as a minimum for people outside the City limits and not disturb the local carriers who have a problem with raising their fees. Councilmember Hickey felt, as in the past, that charging by the yard was not workable. He felt it was impossible without a more accurate way of measuring to charge by the cubic yard on a pickup. Councilmember Feibusch felt it unfair to charge a pickup load $1.50 and the commercial hauler had to pay by the yard and he felt Council should follow Mr. Carter's suggestion of a flat rate of $1.50 a yard. Councilmember Sndyer stated she agreed with Councilmember Feibusch's concerns and felt the matter should be referred to staff for more work on an acceptable fee structure. Reg.Mtg. 1017/81 Page 3 488 M/S: Riley/Hickey to adopt resolution establishing fees and charges at the Ukiah Municipal Solid Waste Site. Discussion followed regarding the fee schedule for cars, station wagons, vans, small utility trailers and pickups. It was also pointed out that a different rate might have to be set for compact pickups. The maker and second of the motionwithdrew their motion. M/S: Snyder/Hickey to continue the public hearing %o' Council's October 21st meeting for staff input and that the Mayor appoint~two councilmembers to work with staff. Mayor Myers thought the proposal fair if loads could be measured accurately. Another issue to be considered would be adjusting the charge for County users. Councilmember Snyder was of the.opinion that if people had to pay a per cubic yard rate, there would be a liklihood of garbage collecting which could create a health hazard. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None Mayor Myers appointed Council~embers Snyder and Riley to work with staff on the fee schedule. It was the consensus of Council that the entire fee schedule and revenue produced with different rate schedules be reviewed. RECESS: 8:33 P.M. UNFINISHED BUSINESS 9a. Resolution Supporting Grant Application, Roberti Zber.g Funds For Ukiah Playe..rp It was pointed out that the City is not committed to any matching funds but merely supporting the proposal. M/S: Snyder/Riley to approve Resolution No. 82-15 supporting grant application Roberti Zberg funds for Ukiah Players. City Attorney reported that a proposed contract from the Ukiah Players has been received. Charles Bell, representing Ukiah Players Board, stated that contract was drafted in anticipation of the grant's approval. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None 9b. Nomination Of A Representative To Executive Board Of The Redwood Empire Association Councilmember Snyder nominated Michael Murray as the representative to the Executive Board of the Redwood Empire Association. M/S: Feibusch/Hickey to close the nominations and nominate Michael Murray. Motion carried by unanimous voice vote. 9c. Consideration Of Council Representation On ~ounty Chamber Of Commerce Board Discussion covered the following concerns: conflict .of interest for councilmembers to serve on a Board who is funded by the City; County chambers concerning itself mainly with the Coast and Northern area of the County and Reg. Mtg. 10/7/81 Page 4 489 does a limited amount locally; County Chamber by-laws requiring appointment of two members from each incorporated city. M/S: Snyder/Hickey to not have City Councilmember representation on the County Chamber of Commerce. Motion carried by unanimous voice vote. M/S: Riley/Feibusch to approach the County Chamber of Commerce and find out if the Council can appoint two noncouncilmembers to~.the Chamber. Councilmember Snyder felt that the County Chamber has a sizable board already and rarely has a quorum. She felt there might be a problem in filling the slots with experienced people. Motion ~arried by 4-1 (Snyder) voice vote. 9d. ~ity Attorney Rep.oft on Las Casas Subdivision City Attorney reviewed for Council the following alternatives to enter into the State mandated negotiations with Las Casas: 1) Negotiating team to conduct negotiation and report back to Council; 2) Negotiation to be conducted in a public meeting with Council; 3) Negotiation to be conducted by an informal special meeting. City Attorney recommended Item No. 3 when the proposal is received from applicant's attorney. City Manager stated he would prefer that the negotiations be conducted in a public meeting. Councilmember Feibusch took exception to the words "under a mandate to negotiate" contained in the City Attorney's report as the City has already given Mr. Kennedy density bonuses. City Attorney stated that when a developer provides low cost or moderate housing, the City must attempt to negotiate a contract. Councilmember Riley stated that the City has negotiated with the developer over a period of three years and has given the developer a density bonus and felt that the negotiation had already happened. Planning Director stated that State law requires that if a developer makes a proposal, the City must negotiate; the proposal has not been made as yet. It was the consensus of Council that no action was necessary at this time. When a proposal is received, it will be placed on the agenda and Council will determine the method of negotiations. CITY MANAGER REPORTS 10a. Progress Report On Scrap. Metal Recovery .Study City Manager stated the report is for Council information only. Council accepted the report. 10b. Proposed Refuse-Fired Power Plant, Sanitary Landfill Site City Manager stated staff is not prepared to make a recommendation at this time and asked that the matter be referred back to staff so that the negotiations necessary to implement the~'program can be concluded. Co,~nci!member Hickey stated that, after review of the report, there was little or no data to support the general theory propounded. Councilmember Feibusch asked that Class 2-1 be explained and asked~that incinerator ash as a hazard be clarified? Reg.Mtg. 10/7/81 Page 5 490 Ed Titlow, Vichy Hills Power Company, stated that landfills are designated by class; a Class 2-1 will accept ash from incinerators. He stated that it has not been proven that ash is hazardous. Councilmember Feibusch asked if the hazardous waste does enter the landfill? Mr. Titlow stated it does but felt it was an easy matter to control. Councilmember Snyder stated that she did call Mr. Titlow to discuss her concern regarding what happens when you burn and what goes up in smoke. Councilmember Riley stated she discussed with Mr. ~itlow the impact on the people who live near the proposed landfill site and reported that it is strongly opposed by those people. She asked if Mr. Titlow if he anticipated a problem with the supply of wood chips? Mr. Titlow stated that no wood chips go to the landfill and the landfill is not dependent upon scrap wood in its operation. Mr. Titlow stated he would ask in writing that ten acres be annexed by the City for the landfill. City Manager Payne stated he would have no difficulty in recommending that Council proceed to a potential annexation as the Council has the authority to annex up to 100 contiguous acres. Councilmember Riley stated she would want to see staff's recommendations before beginning any annexation process. M/S: Riley/Snyder to receive the report on the proposed refuse-fired power plant sanitary landfill site. Motion carried by unanimous voice vote. NEW BUSINESS lla. Consideration Of Selection Of Project For Application Of Roberti Zber~ Grant'Funds City Manager Payne reported that the three recommendations contained in the Director of Parks and Recreation's September 16th memorandum had been reviewed by the Parks & Recreation Commission. The Commission have recommended that the grant be applied to the development of a Ukiah-softball-soccer complex. One recommendation, a park for the south end of the City was recognized as being a need for the City which could be set as a goal. M/S: Feibusch/Snyder to support Resolution No. 82-16 approving the application for grant funds under the Roberti-Zberg Urban Open-Space And Recreation Program for an Ukiah-softball-soccer complex. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None llb. Resolution Approving Application For Local Assistance Grant Under California Park Lands Act Of 1980 M/S: Snyder/Riley to approve Resolution No. 82-17 approving the application for 1980 State Grant Moneys for development of a softball and soccer field with the City of Ukiah. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None llc. Consideration Of Parks and Recreation Commission Recommendation To Waive Fee, Ukiah Crushers M/S: Riley/Snyder to approve the Parks & Recreation Commission's recommendation for a change in fees for the Ukiah Crushers during night games from $250.00 to $110.00 and that the Crushers sign an agreement with City to provide for clean up, damages and insurance. Reg.Mtg. 10/7/81 Page 6 491 Several Councilmembers questioned the reduced fee and the possibility of setting a precedent. City Manager Payne stated that this specific facility has had a history of fee waivers and recommended that Council adopt a policy for City facilities and an appropriate fee structure. Director of Parks and Recreation Frame was in agreement with the City Manager and further stated that with a set policy, fee waivers would not be recommended any longer. Motion carried by unanimous voice vote. lld. Introduction Of Ordinance Authorizing Issuanc~~'' Of Public Power Revenue Bonds By NCPA (North~Fork Stanislaus River Hydroelectric Development Power P.roject M/S: Hickey/Snyder to introduce Ordinance No. 772 by title only Motion carried by unanimous voice vote. M/S: Hickey/Snyder to introduce Ordinance No. 772 authorizing the issuance of Public Power Revenue Bonds by Northern California Power Agency (North Fork Stanislaus River Hydroelectric Development Power Project). Councilmember Hickey stated this authorization would give NCPA tax exempt status in order to sell bonds and has nothing to do with any financial commitment on the City's part. Motion carried by the following roll call vote: AYES: Hickey, Snyder, Riley, Myers NOES: Feibusch ABSENT: None lle. Introduction Of Ordinance Authorizing Issuance Of Notes By NCPA (North Fork Stanislaus River Hydroelectric Development Power Project M/S: Snyder/Hickey to introduce Ordinance No. 773 by title only. Motion carried by unanimous voice vote. M/S: Snyder/Hickey to introduce Ordinance No. 773 authorizing the issuance of notes by Northern California Power Agency (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 llf. Resolution Setting Rates & Procedures For Sept.age Receiving M/S: Riley/Snyder to adopt Resolution No. 82-18 establishing charges and fees and procedures for treatment of septage at Ukiah Wastewater Treatment Plant. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None llg. Consideration of Tentative Subdivision Map No. 80-172 20 Unit O~ffice Condominium., Hospital Drive Planning Director Harris stated the subdivision map must be approved in order to allow the complex to be made into a condominium to facilitate individual purchase by doctors. Councilmember Feibusch pointed out that no owner's maintenance association to maintain the grounds is included as a condition of approval. M/S: Snyder/Feibusch to approve Resolution No. 82-19 approving Tentative Subdivision Map No. 82-17 for Doctor's Medical Offices Condominium and that the following condition be added at line 18: "and that an owner's' association be formed for common ground maintenance." Reg.Mtg. 10/7/81 Page 7 492 Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None llh. Approve Agreement Of First Interstate Bank, Sewer Proje.ct, Local Share City Manager stated that the bids have been solicited for financing of the Wastewater Treatment Plant improvements. Only one bank was able to offer financing and it is recommended that Council accept the proposal of First Interstate Bank. · Councilmember Riley referred to "Interest Rate" and asked that this be clarified. City Manager stated the City has th~' option to go with a 12% per annum fixed rate or prime rate plus 2 x 60% floating; it is recommended that the City select the fixed rate of interest. M/S: Snyder/Hickey to approve the agreement with First Interstate Bank for lease purchase for acquisition of Wastewater Treatment equipment costing approximately $600,000 upon the conditions set forth in their August 21, 1981 letter. Councilmember Riley asked for clarification of "Amount of Rentals". City Manager stated the Bank will own the equipment and the City will lease it; upon completion of payment of the loan, the equipment is transferred to the City. Motion carried by the following roll call vote: AYES: Hickey, Snyder, Myers NOES: Feibusch, Riley ABSENT: None lli. Calaveras. Project Report City Manager stated the issue before the Council is should the City expend $30,000 more to the Calaveras Project to continue the City's percentage arrangement? The City can maintain its present share by not continuing with the project at this time. He also pointed out that there will be a difficult period of time for this project where cities taking power would pay more for that power than power could be received from PG&E. After that 7-8 year period, it would become a very good project and, presently, NCPA is working on ways to mitigate that 7-8 year period. Councilmember Hickey stated that both Los Angeles and Anaheim have approached NCPA to buy that power output during those first 7-8 years. He also pointed out, as contained in the report, the project has a high construction cost, but low operating cost. Councilmember Snyder stated she would like to maintain our present position as the costs of the project have escalated so much. M/S: Snyder/Riley to maintain our position at the present $60,000 investment. Councilmember Feibusch stated he was in support of the motion and felt investment should be made in home based resources. Motion carried by the following roll call vote: AYES: Feibusch, Sndyer, Riley NOES: Hickey, Myers ABSENT: None llj. Call For Bids, Legal Notices City Attorney stated that if there are two newspapers which have been declared newspapers of general circulation, a legislative body can invite bids for publication of legal notices for balance of fiscal year. M/S: Riley/Hickey to call for bids for publication of legal notices. Reg.Mtg. 10/7/81 Page 8 493 Steven Green, Grapevine Newspaper, asked that Council make a determination to allow legal notices be put out to bid. City Manager stated bid call will stipulate ability to meet the City's deadline requirments and request for number of subscribers. Motion carried by unanimous voice vote. llk. General Warrants (7b) Councilmember Feibusch questioned disbursing of warrants before Council approval. He suggested a committee of two councilmembers be formed to be notified if certain warrants are being used bef6re approved by the Council. City Manager felt that Council should adopt a policy resolution regarding this matter for staff direction. It was the consensus of Council that subject matter be agendaed for Council's October 21 meeting. Councilmember Snyder referred to Warrant No. 18372 and asked where the Canyon Hotel was? City Manager stated the Hotel is in Palm Springs. M/S: Feibusch/Riley to approve General Warrants, #18344-18467, $716,174.00. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None 111. ~eport Of Administrative Actions & Procedures (R.A.A.P.) Councilmember Riley referred to the report of Planning Commission action regarding home occupation in an R-3 zone and felt, from a conversation with a Planning Commission member, that it was stated incorrectly. M/S: Riley/Snyder to approve Report of Administrative Actions & Procedures (R.A.A.P.). Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None CITY COUNCIL REPORTS Councilmember Hickey made positives remarks regarding the department head's seminar at Irish Beach. Councilmember Hickey pointed out that the City stands to benefit substantially from NCPA efforts in reducing PG&E's proposed rate increase and the delay in the effective date. Councilmember Feibusch reported on the meeting of the Down~own Revitalization Committee and two members of the Department of Public Works. He stated they came up with the approximate cost of $100,000 to improve the five intersections on School Street and an attempt will be made to finance that by way of the merchants and property owners. Councilmember Feibusch passed around a picture of a building on Standley Street that had many announcements posted on the outside of it. He asked if there was an ordinance that would prohibit this? Planning Director stated he would check the sign ordinance in this regard. Councilmember Feibusch asked that the Public Works Department check the signal at Clara and State Streets. Councilmember Snyder asked if a press release had been received from Congressman Clausen's office? City Manager stated that none had b~en received but that a radio station had received word from Clausen's staff. He Reg.Mtg. 10/7/81 Page 9 494 further stated he talked to Congressman Clausen who indicated that EPA had approved Wastewater Treatment Plant grant amendment for additonal ~unding. Councilmember Snyder reported that Bert Hinds is unhappy with staff's decision regarding a culvert and erosion problem next to his property and asked that the matter be agendaed. Councilmember Riley stated one of Council's goals was to get citizens on the Traffic Safety Committee and asked that that be done soon. Councilmember Riley asked if the Council minutes could reflect the corrections made to the minutes instead of just ~stating the minutes were approved as corrected? No action was taken. Mayor Myers reported on the reception he attended for Bruce Richard General Manager of MTA. ' Mayor Myers asked how the Councilmembers would like the report made on the League of California Cities newsletter? It was the consensus of Council that just pertinent items be reported on. He reported that the next League meeting would be held in conjunction with the Redwood Empire Association on October 20 in San Francisco and he plans to attend. He reported he would fill in the Crescent City survey on behalf of the City. Mayor Myers reported that PG&E's & the City's efforts regarding Section 301 of the Power Plant Fuel Act were successful in getting it repealed. Mayor Myers stated he appreciated the facts contained in the newsletter regarding lifeline allowance. Mayor Myers stated he would be happy to share with councilmembers "Charting A New Course". ADJOURNMENT - 11:05 P.M. - To Executive Session. Mary Melvin Deputy City Clerk Reg. Mtg. 10/7/81 Page 10