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HomeMy WebLinkAboutmin 09-16-81476 MINUTES OF THE b[EETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - SEPTEMBER 16~ 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, Shepard, 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 September 19, 1981 as Ukiah-Muscular Dystrophy Day in Ukiah. He stated the proclamation would be presented at a later time during the meeting. APPROVAL/CORRECTION OF MINUTES Councilmember Feibusch requested that the minutes include identification of agenda items by number. He also requested that the tape of the September 2, 1981 meeting regarding Resolution authorizing Amendment No. 2 to contract with kennedy/Jenks for continuation of the A&E services and authorization for staff to qegotiate for financing of Wastewater Treatment Plant be made a part of the record. M/S: Feibusch/Riley to approve the minutes of the regular meeting of September 2, 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 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 be pulled. This item will be considered under New Business. M/S: Snyder/Feibusch to approve Consent Calendar Items 7a, 7c-7g as follows: 7a. Payroll Warrants, #16415-16561, $66,668.02; 7c. Approved Certificate of Appreciation to Civic Center Site Selection Committee members; 7d. Authorized City Clerk to file Notice of Completion, parking lot improvement, Stephenson & Oak, Spec. 81-10; 7e. Approved elimination of one parking space on Main Street; 7f. Set October 7, 1981 as public hearing date for proposed water rate and disposal site. fees; 7g. 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 Addition To Agenda City Manager requested that the proposed resolution regarding nuclear power plants be added to the agenda. Reg. Mtg. 9/16/81 Page 1 477 M/S: Feibusch/Riley to add Agenda Item llf, proposed resolution re nuclear power plants, to the agenda. Motion carried by unanimous voice vote. UNFINISHED BUSINESS 9a. Certification of Negative Declaration Lake Mendocino Hydro Project City Manager stated he felt all concerns have been mef and recommended certification of the Negative Declaration. M/S: Hickey/Feibusch to accept certification of Negative Declaration, Lake Mendocino Hydroelectric Power Project. ' Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None 9b. Resolution ~eclaring certain structures to be dangerous buildings and a public nuisance (Haikukiah property, State Street Mayor Myers referred to Haikukiah Board member's letter of September 16, 1981, which requested a further continuance of 60 days. Jim Lohr, 710 Pine, stated he.represented the buyers of the property. He stated an offer has been made and felt the escrow would be closed within 60 days. He also felt that abatement proceedings would not be helpful under the circumstances. Mayor Myers recommended that the City Council approve the resolution for abatement procedure for a period of 60 days. This was agreeable with Mr. Lchr. Councilmember Feibusch asked if, within the 60 days, plans and specifications could be checked by the Planning Department? Mr. Lohr stated that they are considering the same plans already submitted to the Planning Department. Councilmember Feibusch asked if plans have been prepared by structural engineers to bring the building into a safe condition? Mr. Lohr stated that they had. 82-13 M/S: Snyder/Feibusch to approve Resolution No./declaring certain structures to be dangerous buildings and a public nuisance and to amend the public hearing date on page 3 to read November 18, 1981. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None 9c. Adoption of Ordinance No. 771, Smoking Regulations M/S: Snyder/Riley to adopt Ordinance No. 771 by title only. Motion carried by unanimous voice vote. M/S: Snyder/Riley to adopt Ordinance No. 771 amending Section 4502 of Division 5, ~hapter 6 of the Ukiah Municipal Code pertaining to the regulation of smoking. Councilmember Hickey felt the ordinance discriminated against City Hall employees as they were being treated different from other citizens. Motion carried by the following roll call vote: AYES: Feibusch, Snyder, Riley, Myers NOES: Hickey ABSENT: None Reg.Mtg. 9/16/81 Page 2 478 PETITIONS & COMMUNICATIONS 10a. Recommendations of the City/County Committee M/S: Snyder/Riley to formally receive the City/County Committee report. Motion carried by unanimous voice vote. M/S: Snyder/Hickey to continue subject matter to September 28, 1981 at 4 P.M. for a work study session and to take action on October/7, 1981. · Mayor Myers pointed out that the administrators of..%he agencies which are a part of this proposal have been meeting to consider various aspects of the proposed consolidation and perhaps input from this group would be helpful. Councilmember Snyder pointed out that only the points concerning the City would be dealt with~ at the work session. Motion carried by unanimous voice vote. PROCLAMATION Mayor Myers presented to Mr. Walker the Proclamation proclaiming September 19, 1981 as Ukiah-Muscular Dystrophy Day in Ukiah. TIMED AGENDA 8a. Presentation re National Flood Insurance Project Mayor Myers welcomed the Planning Commission members and introduced Dale Peterson of the Federal Energy Management Agency who gave a presentation. Mr. Peterson stated the Federal Energy Management Agency is the agency responsible for administering the federal flood insurance program. He reviewed for councilmembers and commissioners the history of the flood insurance study for the Ukiah area. He set forth the time frame over the next year for the appeal period and preparation of maps. He pointed out those areas within the City where a potential problem exists. He stated that the maps will be subject to change. Councilmember Feibusch asked if an apartment complex conversion to condominiums would require flood insurance? Mr. Peterson stated that the lender would require flood insurance. Commissioner Kelley asked who is responsible for removal from the map of flood plain areas? Mr. Peterson stated that during the formal appeal period, any aggrieved property owner can appeal. After the appeal period, the appeals will be sent to Washington so the map can be revised. Commissioner Vander Mey asked if there would be assistance available for channel modification? Mr. Peterson pointed out that all agencies are under very tight budgets and felt that few projects of this type would be funded. Councilmember Riley asked that the notification process for the appeal period be clarified. Mr. Peterson stated that notification is by legal notice. Mayor Myers suggested that the flood.plain map be condensed and be included in the legal notice. Commissioner Riley asked if the flood plain map should become part of the General Plan? Mr. Peterson stated it is the intent of the State Office of Planning and Research that flood plain recommendations be incorporated into the General Plan. Ollie Kolkman, 211 Washo, suggested, that when the appeal notice is published, that a newspaper article be included for better coverage. He also asked what effect paving and development of the shopping center would have on Gibson Creek? Director of Public Works stated that water from Pear Tree Shopping Center is Reg.Mtg. 9/16/81 Pa§e 3 directed into Orr Creek but the water from Orchard Plaza Shopping Center goes into Gibson Creek. Councilmember Feibusch was of the opinion that pervious paving material should be looked into so that a majority of rain water would be absorbed. Mayor Myers thanked Mr. Peterson for his presentation. RECESS: 7:50 P.M. NEW BUSINESS ,'" , lla. Chamber of Commerce Contract City Hanager stated that a contract has been prepared setting forth how the City dollars will be spent. M/S: Snyder/Hickey to approve agreement retaining Greater Ukiah Chamber of Commerce for promotional and advertising activities for the City of Ukiah 1981-82. Councilmember Riley was of the opinion that the'contract presented was not very measurable in that it was not a statement of exactly what the Chamber will do for the money received from the City. She further stated that she had received many comments from people expressing great concern regarding taxpayers money being used by the Chamber for political activities. She referred to a recent ad regarding the recall election and the fact that the Chamber telephone number is used in the ad. She felt the burden of proof was on the Chamber to show they are not using City funds in answering the telephone for the recall matter. Councilmember Snyder stated she too had the same concerns expressed by Councilmember Riley; however, after looking into the matter, did not now have a problem in this regard. She pointed out that the Chamber is not a City organization and is not part of the City government. Councilmember Hickey pointed out that Mrs. Metzler, President of the Chamber, has stated in her letter that City money is not being used, and will not be used, for political activities. Bill Fowler, Chamber of Commerce Manager, stated that the Chamber has not spent any City money for the recall matter. He referred to the contract and asked if the provision allowing a maximum of 1900 kill0watts had been left out of the contract on purpose or by omission? Mayor Myers stated the City is operating under a very tight budget and only $17,520 could be allotted to the Chamber. Yvonne Metzler, President, Chamber of Commerce, stated that in no way did the Chamber donate any funds for the printing of the ad but that she did authorize the use of the Chamber telephone number. She did not feel a great deal of staff time was involved in answering the telephone and pointed out that the Chamber has other sources of income. She thanked the Council for the support they have given the Chamber. Mike Kelley, 436 N. Pine, pointed out the Board of Supervisors, in their dealing with the County Chamber of Commerce, established a trial period for their program. He was of the opinion that more is needed on paper when City money is involved. Motion carried by the following roll call vote: AYES: Hickey, Snyder, Myers NOES: Feibusch, Riley ABSENT: None ~ llb. Resolution supporting investigation and analysis of investment policies of PERS to increase rate of return City Manager stated the City may want to join the City of Daly City in requesting an investigation of PERS portfolio in order to change investment strategy for increased returns. Reg. Mtg. 9/16/81 Page 4 479 M/S: Feibusch/Snyder to support the City of Daly City in their request for an investigation and analysis of the investment policies of the California Public Employees Retirement System in an effort to increase the rate of return. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None llc. Amendment No. i to Member Agreement (Second Phase) for Financing of Planning Development Activities of the Shell East Block Geothermal Project Councilmember Hickey stated the purpose of the amendment is to allow a simple majority to rule rather than by percentage of membership. Majority rule would not allow the stopage of a project by one member's vote. M/S: Snyder/Riley to approve Amendment No. 1 to Member Agreement (Second Phase) for Financing of Planning and Development Activities of the Shell East Block Geothermal Project. Motion carried by the following roll call vote: AYES: Hickey, Snyder, Riley, Myers NOES: Feibusch ABSENT: None lld. Approve contract, Mitchell Energy Co./City of Ukiah City Manager stated two specific areas of importance are contained in the contract: A 5% royalty fee for the City on projects that become operational and 1% fee due to the City on each project at the start of its construction phase. M/S: Feibusch/Hickey to approve agreement between City of Ukiah, California and Mitchell Energy Company, Inc. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None City Manager reported that the County has withdrawn its notice of intent to file an application and is supporting the City. lle. General Warrants · Councilmember Feibusch questioned the payment of $7,487.00 (Warrant No. 18292) to Calaveras Project. Councilmember Hickey stated this payment is one of the assessments for which the City is already obligated to pay. M/S: Feibusch/Snyder to approve General Warrants, #18215-18343, $305,280.69. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None llf. Resolution opposing nuclear power pla, ts and supporting development of renewable resources M/S: Snyder/Riley to approve Resolution No. 82-14 opposing Nuclear Power Plants and supporting development of renewable resources. Councilmember Hickey pointed out that the shutdown' of Humboldt Bay Plant was for normal maintenance and could it not be reopened due to cost of required modifications. Mayor Myers felt other alternatives should~be looked into and opposed the resolution as it specifically referred onl~ to Diablo Canyon Plant. MotloL~ ~a~ried by the following roll call vote: AYES: Feibusch, Sndyer, Riley NOES: Hickey, Myers ABSENT: None It was the consensus of Council that a copy of Resolution No. 82-14 be forwarded to the Board of Supervisors. Reg. Mtg. 9/16/81 Page 5 48O COMMENTS FROM AUDIENCE Helen Volt, who has recently moved to Ukiah, stated she felt the Council's meeting was so refreshing and informative compared to many that she had attended and concurred with the passage of the resolution opposing nuclear power plants. Jessica Richardson, Ukiah, and Dan Evans, Ukiah, thanked the Council for their support of the resolution opposing nuclear power plants. Charles Williams, Ukiah, reported the government is working on plans for disposal of radioactive waste at sanitary disposal sings. CITY COUNCIL REPORTS ~ 13a. Calaveras Project (Hickey) Councilmember Hickey reported that the analysis prepared by R. W. Beck has still not been received by the City or NCPA. There is a NCPA meeting tomorrow and he will find out when the analysis can be expected. Also, request is made for approval to increase the total financial commitment for the Calaveras Project under the existing Phase 2 agreement. Ukiah's share would be $30,035 if the City decides to continue with the project. He suggested that Council action be deferred until the October 7 meeting in order for Council to obtain and study the analysis on the Calaveras Project. M/S: Hickey/Feibusch to defer action on Calaveras Project until October 7 1981 Council meeting. ' Motion carried by unanimous voice vote. Councilmember Hickey asked if Councilmembers had received a copy of Bob O'Neil's filing on behalf of the City? Councilmembers indicated that they had. Councilmember Hickey reported that last Friday, PG&E cities and the Manager of NCPA met in Alameda to finalize strategy for filing with FERC against PG&E's rate increase but this will only delay the rate increase. 13b. Staff development training seminar~ October 2 & 3 (Feibusch) Councilmember Feibusch stated it has come to his attention that the place in Irish Beach where the meeting will be held belongs to the Fire Chief and felt this was a conflict of interest and for this reason he would change his vote on the matter to "No". It was pointed out that there will be no charge for use of the Fire Chief's home. The City Attorney stated there is no legal conflict. Councilmember Feibusch reported that the wood conservation seminar he attended was very informative. He further reported that he, Ira Brannon, Director of Public Works met with the City Manager to discuss the possibility of combining wood waste and sludge burning facilities on City owned property in the Industrial Park. The Director of Public Works is to solicit bids for a feasibility study. Councilmember Feibusch reported a traffic problem since the Hunt project has opened up on Clara. He suggested that the traffic light at Norton be moved to Clara Street because of the increase in traffic on that street. He also felt the parking in the Hunt development inadequate. Councilmember Feibusch reported on a conversation he had with the Mayor of Livermore and requested that staff look into the possibility of the Mayor and City Attorney being elected for a term of two years and that it be placed on the agenda for the first meeting in November, 1981. 13c. Request for letter of Support Roberti Zberg, grant application, Ukiah Players (Riley) -- Reg.Mtg. 9/16/81 Page 6 481 Councilmember Riley requested that subject matter be continued to Council's October 7, 1981 meeting in order to obtain backup material for the grant application. Councilmember Riley reported that MTA site has been approved by both MTA Board and MCOG. Councilmember Riley asked if any action need be taken by Council regarding Class K? Councilmember Hiakey reported that Supervisor Hamburg stated that the matter will be reviewed by the Board of Supervisors and he wi%l keep the City informed · as to developments. 13d. Appointment of Voting Delegate to League of California Cities Conference M/S: Feibusch/Snyder to appoint Mayor Myers as the voting delegate to the League of California Cities conference. Motion carried by unanimous voice vote. M/S: Riley/Snyder to appoint Councilmember Feibusch as alternate voting delegate to the League of California Cities conference. Motion carried by unanimous voice vote. Councilmember Snyder felt a date should be set for the employees picnic and the commissioners' dinner. M/S: Snyder/Myers to direct Mayor and City Manager to set a date for the employees' picnic and the commissioner's appreciation dinner. Motion carried by unanimous voice vote. Councilmember Snyder referred to City Council representation of the County Chamber of Commerce. In her opinion it was inappropriate for councilmembers to sit on a board that receives consideration of City funding and requested the matter be agendized for October 7, 1981. M~yor Myerp reported he attended the MCOG meeting. Mayor Myers requested that consideration of appointment to Redwood Empire Association Executive Board be agendized for October 7, 1981. ADJOURNMENT - 9:15 P.M. - To Executive Session. MARY ~LVIN. Deputy City Clerk Reg.Mtg. 9/16/81 Page 7