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MINUTES OF THE MEETING OF THE CITY COUNCIL
OF THE CITY OF UKIAH - SEPTEMBER 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, Snyder, Riley, Myers. Staff present: Payne, Orchard, Kruth
Harris, Shepard, Tillotson, Melvin. '
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Councilmember Hickey and Councilmember FeibUsch led
in the pledge of allegiance.
APPROVAL/CORRECTION OF MINUTES
M/S: Riley/Hickey to approve the minutes of the adjourned meeting of August 10
1981. '
Motion carried by the following roll call vote: AYES: Hickey, Riley, Myers
NOES: None ABSENT: None ABSTAIN: Feibusch, Snyder
M/S: Riley/Hickey to approve the minutes of the adjourned meeting of August 17
1981. '
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: None ABSTAIN: Snyder, Myers (Mayor Myers abstained
from voting on the portion of the minutes where he was absent)
M/S: Riley/Hickey to approve the minutes of the regular meeting of August 19
1981 as amended. '
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: None ABSTAIN: Snyder
Councilmember Feibusch requested that the tape of the August 25, 1981 meeting
dealing with the Wastewater Treatment Plant be retained permanently.
M/S: Feibusch/Hickey to approve the minutes of the regular meeting of August
25, 1981 as amended.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Myers
NOES: None ABSENT: None ABSTAIN: Snyder, Riley
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 6b be pulled. This
item will be considered under New Business.
M/S: Snyder/Riley to approve Consent Calendar Items 6a, 6c-6f as follows:
6a. Payroll Warrants, #16269-16414, $67,245.43;
6c. Denied claim for damages, Maxine Harris.
6d. Accepted rent increase of $50.00 for Council Chambers for the period of
July 1, 1981 to July 1, 1982.
6e. Authorized City Clerk to file Notice of Completion, A.C. surfacings on City
streets, Contract No. 81-7 and Contract Change Order No. 1.
6f. 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
469
PUBLIC HEARING - (Adjourned Meeting)
Dora/Bush/Stephenson-Gibson Creek
PUBLIC HEARING OPENED:
Mayor Myers stated this matter came before Council on August 17 and through two
votes, both of which were tied, no action occurred.
Councilmember Hickey felt that further downzoning of this area would be a
disservice to the property owners. He also felt to downzone would not be
consistent with the City's intent to make housing more plentiful adjacent to the
downtown area.
Councilmember Feibusch also felt the area should remain R-2 as it would be a
buffer between the westside of Dora Street and the eastside of Bush Street.
M/S: Riley/Myers to uphold the Planning Commission's recommendation that the
designation be changed to medium low residential.
Councilmember Riley felt that the Planning Commission was correct in their idea
that this is a sensitive area and by increasing the General Plan density, it
would endanger the existing homes that are valuable culturally to the City.
Mayor Myers stated he would like to see the victorian character of the
neighborhood remain.
Councilmember Hickey expressed concern that if the density is downzoned, people
would not be able to take other persons into their homes to share the costs.
Planning Director, in answer to a question regarding medium low designation
disallowing home sharing, stated that medium low residential allows only one
family unit per lot.
Councilmember Snyder asked, as the area is presently zoned R-2, is the R-2 a
conforming zone with what is presently located there? Planning Director stated
that the single family housing is consistent with the R-2; apartments would
depend upon the size of the lot and if it exceeds 12,000 sq. ft. to be
consistent.
Councilmember Snyder asked would the continued R-2 zone bring any threat to a
person whose home is a single family victorian? Planning Director stated
legally there would be no threat. He felt the only threat would be that then
the parcel could then be utilized for two units.
Motion carried by the following roll call vote: AYES: Snyder, Riley, Myers
NOES: Hickey, Feibusch ABSENT: None
PUBLIC HEARING CLOSED.
UNFINISHED BUSINESS
Policy resolution requiring pUblic improvements'
on remodeling projects
City Manager reviewed the revised resolution.
M/S: Snyder/Riley to approve Policy Resolution No. 5 requiring street
improvements with development of property within the City of Ukiah and with the
deletion of item c).
Councilmember Feibusch felt that an attempt should be made to improve City
streets, but he was not satisfied with the figures given in the proposed
resolution as he felt they would be a burden on the citizens.
Reg.Mtg.
9/2/81
Page 2
470
Councilmember Snyder stated the reason she made the motion to delete item c) was
that the citizens are taxed enough and this requirement would be quite a burden.
She did feel that street improvements should be required for new construction
and minor subdivisons.
M/S: Feibusch/Hickey to amend the original motion to include the provision that
street frontage and other related improvements be required if the remodeling
exceeds 1/3 of the value of the existing structure.
Motion to amend the original motion carried by the following roll call vote:
AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None
Original motion as amended carried by the following roll call vote: AYES:
Hickey, Feibusch, Sndyer, Riley, Myers NOES: ~one ABSENT: None
ciVic Center Site Selection Committee Report
Councilmember Riley, as Chairperson of the Site Selection Committee, reported
that the Committee considered the following criteria in their selection of a
civic center site: 1) large enough lot; 2) location be close to downtown; 3)
beneficial impact on the downtown; 4) buildout possibilities. She further
stated that the Committee did not consider the financial arrangements were
within their jurisdiction. She stated the Site Selection Committee chose the
Post Office Parking lot as the most desirable location.
M/S: Hickey/Feibusch to accept the recommendation of the Site Selection
Committee of the Post Office Parking lot as the priority site for the City Hall.
Councilmember Snyder asked if the councilmembers had received the report from
the City/County Coordinating Committee and stated that one of the Committee's
priorities was that the City join with the County in providing City facilities
and asked that subject matter be continued so that councilmembers could review
this report.
Councilmember Hickey stated that the recommendation made is of long range and
any action taken by Council would not commit them to any building now.
Mayor Myers stated that the City/County Coordinating Committee report would be
agendized for Council's September 16, 1981 meeting and requested that copies be
made available for councilmember's review.
Councilmember Riley envisoned the Post Office Parking Lot as a long range
solution but felt that renting office space would be far less expensive and
could be a short term solution.
Motion carried by the following roll call vote: AYES:~ Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
Resolution authorizin~ Amendment No. 2 to contract
with Kennedy/Jenks for continuation of the A&E services
City Manager stated this is a proposed contract to continue services with
Kennedy/Jenks for the Wastewater Treatment Plant facilities.
M/S: Snyder/Hickey to approve Resolution No. 82-11 approving amendment #2
engineering services agreement Kennedy/Jenks Engineers.
Councilmember Feibusch felt that Kennedy/Jenks.was familiar with the project but
felt that their track record was very poor.
Councilmember Riley stated she agreed with Councilmember Feibusch, referred to
the handwritten pages of information provided City Council and stated, in her
opinion, this was unprofessional. She also stated that a negative precedent has
been set by Kennedy/Jenks in connection with the previous contract.
Reg.Mtg.
9/2/81
Page 3
471
Councilmember Snyder asked that it be made a part of the record that should
Council approve this contract, Council will follow the contract to the letter.
Councilmember Feibusch asked if there are change orders, is Kennedy/Jenks
entitled to additional compensation? City Manager stated that no change can be
made unless approved by the City Council.
Councilmember Riley asked if there was any guarantee that the City will get the
grant and also asked when notification in writing would be received? Director
of Public Works stated that the State, in their Authority to Award, authorized
the City to proceed. Councilmember Riley stated she was very leery of spending
any money until the City receives written confirmation of the grant.
Councilmember Hickey asked if there was any assurance that if the bid was given
to someone else that they would do a better or more accurate job? Director of
Public Works stated that any new firm coming in at this late time would have to
spend a large amount of time reviewing the plans prior to actually beginning the
work.
Mr. Gasman, Kennedy/Jenks, spoke to Council's concerns which are set forth
above.
City Manager asked Mr. Gasman if he would be willing to enter into an agreement
whereby Kennedy/Jenks would see the project through to completion at a "not to
exceed" figure? Mr. Gassman stated that if the contractor runs over, the City
must still pay Kennedy/Jenks but does have the option to go back to the
contractor.
City Manager asked Mr. Gasman if Kennedy/Jenks would agree to see this project
through to completion with a "not to exceed" added to the agreement? Mr. Gasman
stated that was agreeable on the basis that the contractor fulfill his
obligation to the City also.
The maker and second agreed to amend the original motion to add to Article VI,
(c) that Kennedy/Jenks agrees to see the project through to completion at a
figure "not to exceed" $427,036.
Councilmember Snyder asked if there is an engineering error through no fault of
the City or the contractor and as Kennedy/Jenks is responsible for their errors,
would this contract still be recognized? Mr~ Gasman stated it would.
Motion as amended carried by the following roll call vote: AYES: Hickey,
Snyder, Myers NOES: Feibusch, Riley ABSENT: None
Authorize staff to negotiate for financin~ of Wastewater
Treatment Plant
City Manager stated staff has made initial contact with financing groups to
verify funding costs and staff is asking authority to contact other financial
institutions to obtain the best financing plan available.
Councilmember Feibusch was of the opinion that a bond issue should be put before
the people of Ukiah.
Councilmember Riley asked that the term "binding proposal" be clarified. City
Manager stated that a binding proposal is a commitment from the bank that they
will underwrite the proposal. The City has one commitment so far.
Councilmember Riley asked if the City had approved the lease purchase plan?
City Manager stated that the City Council had approved the plan as well as the
Ukiah Valley Sanitation District board and the State of California.
Councilmember Riley reported a conversation she had with Ed Burton who pointed
out that the San Francisco sewer improvement project has run out of money
because the grant had been cut back. She felt the City should wait for a
guarantee in writing before taking any action..
Reg. Mtg.
9121Sl
Page 4
472
City Attorney did not feel it was incumbent upon the City to question the
State's authority.
M/S: Snyder/Hickey to direct the City Manager to secure written proposals for
lease purchase financing for improvements to the Wastewater Treatment Plant.
Motion carried by the following roll call vote: AYES: Hickey, Snyder, Myers
NOES: Feibusch, Riley ABSENT: None
CITY MANAGER RECOMMENDATIONS
Resolution authoriziD8 City Manager to file application
for power allocation~ Western Area Power Administration
CitY Manager stated that Council is requested to make application to WAPA for a
portion of the 102 megawatts available for distribution.
M/S: Feibusch/Snyder to adopt Resolution No. 82-12 authorizing the City Manager
to make application for power allocation from Western Area Power Administration.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
Staff development trainin~ seminar..~ October 2 & 3, 1981
Councilmember Feibusch requested that subject matter be discussed in Personnel
Session.
Mayor Myers stated this would be discussed during Personnel Session.
Matter of financial audit, Solid Wastes Systems
City Manager recommended that Emmett Jones, who is currently the City's auditor,
be designated as the auditor to perform the required Solid Wastes Systems Inc.
audit.
M/S: Riley/Feibusch to designate Emmett Jones to perform the required Solid
Wastes Systems Inc. audit.
Mayor Myers pointed out that in the future this could be handled as part of the
process for bid of City auditor.
The maker and second of the motion agreed to amend the original motion to state
that future City auditors would perform the audit of Solid Wastes Systems Inc.
Motion carried by the following roll call vote: AYES: Hick~y, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
Matter of Bureau of Reclamation policy, re development
of hydroelectric plants
City Manager stated that the Bureau of Reclamation has adopted a policy which
would assess a power privilege charge of 50% of a hydroelectric plant's net
revenue for the privilege of development by a nonfederal agency on Bureau land.
This kind of assessment would make hydroelectric development noneconomical.
M/S: Snyder/Riley that the City Council go on record as opposed to a 50% power
privilege charge.
Motion carried by unanimous voice vote.
NEW BUS INE S S
Resolution declaring certain structures to be dangerous
buildings and a public nuisance (Haikukiah Property~ North State
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Pa§e 5
473
City Manager pointed out that if the Council adopts the proposed resolution, it
would be the first of several steps toward abatement.
M/S: Riley/Hickey to continue subject to Council's next meeting of September
16, 1981.
Councilmember Riley reported she talked to the realtor that is tr~ing to sell
this building and he reported they are very close to a solution to the problem.
She felt that the beginning of the abatement procedure might create a negative
aspect.
Councilmember Snyder did not object to one 2 week delay but felt that the matter
should not be delayed repeatedly.
Motion carried by unanimous voice vote.
Introduction of ordinance to revise smoking
regulations relating to City of Ukiah facilities
City Manager stated communication had been received from the City employees
requesting that the facilities they work in be treated on a parity with other
businesses in the City of Ukiah. The City Attorney has drafted the proposed
ordinance which would include the City of Ukiah facilities as applicable to all
other provisions of the ordinance.
M/S: Hickey/Feibusch to introduce Ordinance No. 771 by title only.
Motion carried by unanimous voice vote.
M/S: Hickey/Feibusch to introduce Ordinance No. 771 amending Section 4502 of
Division 5, Chapter 6 of the Ukiah Municipal Code pertaining to the regulation
of smoking.
M/S: Riley/Snyder to amend the proposed Article 4502 with the exception that
City Hall employees may smoke in the patio area on regular breaks and lunch
periods.
Councilmember Snyder stated such amendment is as set forth in the recently
adopted smoking regulation ordinance. She pointed out that the group who
presented a peition to Council several years.ago requesting that smoking not be
permitted in City Hall. This amendment meets that request.
Council expressed concern with the fact that there is not an area in the City
hall building which can be designated as a smoking area. Discussion followed
regarding employees who presently are smoking in the lounge.
Councilmember Snyder also requested that the airport buildings be made an
exception also. City Manager stated that the airport and City buildings are
posted but the private offices are not as they fall under the other provisions
of the code.
Councilmember Riley stated that if it is a public area it has to be smoke free.
The maker and second of the amendment to the original motion amended their
motion to state that Section 4502 read as follows: "Enclosed facilities of the
City of Ukiah shall be subject to all pertinent provisions of this ordinance
except City Hall. '
Councilmember Hickey stated he could not see requiring employees to use the
patio when it rains when they could use the restroom. Councilmember Snyder
pointed out that other employees who do not smoke would be using the restrooms.
City Manager asked for Council direction concerning this amendment.
Amendment to the original motion carried by the following roll call vote: AYES:
Feibusch, Snyder, Riley NOES: Hickey, Myers ABSENT: None
Reg.Mtg.
9/2/81
Page 6
474
Original motion as amended carried by the following roll call vote: AYES:
Feibusch, Snyder, Riley NOES: Hickey, Myers ABSENT: None
Mayor Myers stated the matter of City employees smoking in the lounge would be
taken up in Personnel Session.
Matter of joint meeting~ .Council/Planning Commission
re: National Flood Insurance Pyogram
Mayor Myers recommended that the matter of a joint meeting with the Planning
Commission be put on Council's September 16th agenda as a timed matter to
commence at 7 P.M. He further stated that the matter will be no more than 45
minutes in length.
General Warrants (6b).
Councilmember Feibusch questioned the payment of travel expenses for the new
Parks and Recreation Director and asked if it is the City's policy to reimburse
applicants for traveling to Ukiah?
City Manager stated he had authorized the expenditure as he felt when an
applicant comes back a second or third time, the applicant should not be
required to pay his travel expenses.
Councilmember Snyder felt the matter should be agendized for a policy decision.
M/S: Snyder/Feibusch to approve General Warrants, #18129-18214 in the amount of
$254,687.02 and that the matter of travel expenses for City applicants be
agendized for a policy decision.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
COMMENTS FROM AUDIENCE
Linda Foster, E. Gobbi, stated she agreed with Councilmembers Feibusch and Riley
regarding the Wastewater Treatment Plant. She also felt it was not the
responsibility of the City Manager to deal with an employee who is smoking but
it is up to other City employees to file a complaint.
CITY COUNCIL REPORTS
Councilmember Hickey stated the City will have to give NCPA an answer regarding
the Calaveras project by September 17. The City has three options to consider:
1) stay in the project with an additional assessment of one million dollars; 2)
City stay where it is now and take a reduced allocation of electrical energy
when the project is completed; or 3) get out altogether and recover our money
when the bonds are sold. He further stated the matter will be agendized for
Council's September 16th meeting and material will be supplied to councilmembers
as soon as possible.
Councilmember Feibusch reported that he and Councilmember Hickey met with the
Fire District and a representative from the College. The college is requesting
to be included in the Fire District and informed the District that they had no
money to compensate the Fire District or City for fire services. However, they
have suggested, that in lieu of compensation, that the College could offer
instruction in fire fighting for fire personnel. The Ukiah Valley Fire District
will meet with the college and try to work out a compromise.
Councilmember Snyder who had been absent from several meetings because of
illness, stated she was glad to be back.
Councilmember Riley asked City Manager to send an answer to Art Kramer regarding
the street sign installed at Grove and Bush Streets.
Reg.Mtg.
9/2/81
Page 7
475
Councilmember Riley asked the City Manager to review the follow up comments
Emmett Jones made in his management letter to see if the Council should be doing
anything.
Councilmember Riley announced that the Ukiah Players Board of Trustees dedicated
their building site and the Board of Supervisors approved their application for
grant for possible construction funds.
Mayor Myers stated he represented the City at a reception for the California
Commission on Aging. He reported they would hold a public hearing at the
Veterans Hall tomorrow and invited Council to attend.
ADJOURNMENT - to Executive Session, Personnel, Litigation.
City Council reconvened in regular session and took the following action.
Staff development training se~nar, October 2 & 3, 19.81
M/S: Hickey/Riley to approve staff development training seminar for October 2
and 3, 1981.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
Meeting was adjourned at 9:30 P.M.
MARY MELVIN
Deputy City Clerk
Reg.Mtg.
9/2/81
Pa§e 8