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HomeMy WebLinkAboutmin 08-05-81434 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 5, 1981 The City Council convened in regular session at 6:30 P.M. in the City Council Chambers. Roll call was taken and the following councilmembers were present: Hickey, Feibusch, Riley, Myers. Councilmembers absent: Snyder. Staff present: Payne, Orchard, Kruth, Brosig, Roper, Tillotson, Melvin. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Susie Shippey, Ukiah Shamrock 4-H Club and Councilmember Riley gave the pledge of allegiance. INTRODUCTION OF PARKS & RECREATION DIRECTOR City Manager Payne reviewed for Council the process of recruitment to fill the position of Parks & Recreation Director and then introduced Stewart Frame who will serve as Ukiah's Parks & Recreation Director beginning August 24, 1981. APPROVAL/CORRECTION OF MINUTES Regular Meeti.ng, July 15~ 1981 M/S: Riley/Hickey to approve the minutes of the regular meeting of July 15, 1981. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley, Myers NOES: None ABSENT: Snyder Budget Hearin~ Meetin~ June 29 & 30, 1981 Councilmember Riley felt the apportioned revenue sharing to the Chamber of Commerce be reviewed prior to signing any contract with the Chamber. M/S: Riley/Feibusch to approve the minutes of the Budget hearing meetings of June 29 & 30, 1981. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley, Myers NOES: None ABSENT: Snyder Adjourned Meetin~ July 13, 1981 M/S: Riley/Hickey to approve the minutes of the adjourned meeting of July 13, 1981 as amended. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley, Myers NOES: None ABSENT: Snyder ADDITION TO AGENDA City Manager Payne asked that requests for the use of the Sun House park be agendaed. M/S: Hickey/Riley to agenda request for use of Sun House park as lOf. Motion carried by unanimous voice vote. RIGHT TO APPEAL DECISION Mayor Myers read a portion of Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. 435 CONSENT CALENDAR Councilmember Feibusch requested that item 6c be pulled. M/S: Riley/Hickey to approve Agenda Items 6a, 6b and 6d on the Consent Calendar as follows: 6a. Payroll Warrants, #15964-16116, $67,518.10; 6b. General Warrants, #17854-18003, $528,085.45; 6d. Approved Report of Administrative Actions and Proposals. PUBLIC HEARINGS Weed Abatement Mayor Myers stated subject matter had been continued from Council's last meeting. PUBLIC HEARING OPENED: Councilmember Hickey requested that the matter be deferred for the arrival of Joe Mayfield who wished to speak on the matter. Mayor Myers continued the public hearing to be heard at a later time. Zone Change Appl. No. 81-92, Donald F. Jenkins, chan~e from C-2, Highway Commercial & Restricted Industrial District to P.D. Planned Development District Mayor Myers stated a letter was received from applicant requesting the matter be continued to Council's August 19, 1981 meeting. PUBLIC HEARING OPENED: M/S: Hickey/Riley that Agenda 7b, Zone Change Application No. 81-92, Jenkins, be continued to August 19, 1981. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley, Myers NOES: None ABSENT: Snyder Electric Rate Increase~ 8/6/81 and 1/1/82 City Manager Payne stated subject matter had been discussed by Council in public session during budget hearings at which time it became evident the revenue was not going to meet expenditures based on the cost of energy to the City from PG&E. The overall adjustment for August 6, 1981 is 7.5% and for January 1, 1982 30%. PUBLIC HEARING OPENED: No one spoke in favor of the increase. The following spoke against the increase: Linda Foster, Gobbi Street Bill Holt, Gobbi Street Mark Cagle, Pomo They expressed concern with increased rates being a hardship for elderly, families with children and people on fixed income; request that lifeline rate be increased; pointed out that percentage of increase was not included in the notice published in the newspaper and questioned the transfer of electric funds to the general fund. PUBLIC HEARING CLOSED. Reg. Mtg. 815181 Page 2 436 City Manager Payne stated that the transfer of funds from the electric to general fund is an appropriate procedure as the City provides services from the general fund for all Ukiah citizens. Maurice Roper, Electrical Distribution Engineer, stated that PG&E has approved a 100 kwh a month lifeline rate for their customers who have air conditioning. M/S: Hickey/Riley to include the 100 kwh lifeline for City customers who have air conditioning and to coincide with the same months that PG&E gives this lifeline rate. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley, Myers NOES: None ABSENT: Snyder August 6, ~981 Rate Increase Councilmember Feibusch pointed out that the 5% less than PG&E is not 5% less overall but 5% less than the base rate. He stated he was opposed to the rate increase because he felt an obligation to the consumers and to people on fixed income. He also felt the City's participation in the NCPA development fund will get the City into deep trouble. M/S: Hickey/Riley to adopt Resolution No. 82-5 adopting electric rate schedule. Councilmember Riley asked if the rate increase will be prorated. Finance Director Brosig stated it would. Motion carried by the following roll call vote: AYES: Hickey, Riley, Myers NOES: Feibusch ABSENT: Snyder January 1, 1982 Rate Increase Councilmember Riley felt the request for the January 1, 1982 rate increase was premature and should be reconsidered at a later time. M/S: Hickey/Myers to adopt Resolution adopting electric rate schedule effective January 1, 1982. Councilmember Hickey pointed out that if the City is to support the Lake Mendocino, Pillsbury, Warm Springs and the other five projects, it would take money. He further stated that these projects will pay off in benefits to the City but money must be spent in order to get the benefits. Maurice Roper reviewed for Council comparative price estimates and electric energy costs. Motion failed by the following roll call vote: AYES: Hickey, Myers NOES: Feibusch, Riley ABSENT: Snyder Weed Abatement PUBLIC HEARING CONTINUED: Mark Cagle, 840 Pomo, thanked the Council for consideration of adopting this resolution and felt it would mean great savings for taxpayers in preventing fires. Joe Mayfield, Banker Boulevard, questioned a statement he received for weed abatement for last year and felt that he had kept the weeds down by mowing twice a year. He also objected to the amount of the bill. He also felt that local contractors should be hired as they would be more reasonable. Council was of the opinion that the matter be discussed with staff as this related to last year's weed abatement program. PUBLIC HEARING CLOSED. Reg.Mtg. 8/5/81 Page 3 437 M/S: Hickey/Feibusch to direct the work be performed on those remaining parcels that have not been abated to date. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley, Myers NOES: None ABSENT: Snyder .Increase Street Lighting Charge City Manager Payne stated the increase amounted to $.15 per customer. PUBLIC HEARING OPENED: Linda Foster spoke in opposition to the increase as she felt with the street light conversion there should be no increase in cost. Joe Mayfield reported he pays PG&E $8.00 a month for each of the four street lights on his property in Ukiah and Willits. PUBLIC HEARING CLOSED. M/S: Hickey/Riley to adopt Resolution No. 82-6 adopting street lighting charge. Councilmember Feibusch stated he was opposed to the increase as $.15 increase could be a hardship on customers with fixed income. Motion carried by the following roll call vote: AYES: Hickey, Riley, Myers NOES: Feibusch ABSENT: Snyder UNFINISHED BUSINESS Business License Fees City Manager Payne stated the Council asked that he review the business license fees to determine the maximum amount structure contained in the Municipal Code. There is a maximum of $250 payment regardless of the gross business receipts. He cautioned the Council in removing the cap because of Propositions 9 and 13 and felt the matter could be referred to the City Attorney for legal review. Councilmember Hickey stated that as the business license fee is strictly income for the City and no services are provided over and above those receiVed by any other citizen, he would be opposed to removing the maximum limit. ~ Councilmember Feibusch pointed out that the fees collected go into the general fund which provides services for all Ukiah citizens. No action was taken by Council on subject matter. Adopt Ordinance No. 766, Bidding Procedures M/S: Riley/Hickey to adopt Ordinance No. 766 by title only. Unanimously carried by voice vote. M/S: Hickey/Riley to adopt Ordinance No. 766 amending Section 1521 of Article 2 of the Ukiah Municipal Code relating to bidding procedures. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley, Myers NOES: None ABSENT: Snyder Adopt Ordinance No. 767~ Fuel Adjustment Cost Pass Through M/S: Hickey/Riley to adopt Ordinance No. 767 by title only. Motion carried by unanimous voice vote. M/S: Riley/Hickey to adopt Ordinance No. 767 amending Article 1, Chapter 6 of the Ukiah Municipal Code entitled procedure for amending utility rates. Reg.Mtg. 8/5/81 Page 4 438 Councilmember Feibusch stated that the City prides itself that it has its own private utility system and felt the City would box itself in by adopting the ordinance. Motion carried by the following roll call vote: AYES: Hickey, Riley, Myers NOES: Feibu$ch ABSENT: Snyder Septage Ordinance City Manager Payne stated this ordinance was originally before the Council several months ago and referred to staff for review. The City Attorney reviewed it and removed several pages of items regarding setting of rates and other procedures that would necessitate staff involvement. The Public Works Director reviewed the proposed ordinance. M/S: Hickey/Riley to introduce Ordinance No. 768 by title only. Motion carried by unanimous voice vote. M/S: Hickey/Riley to introduce Ordinance No. 768 adding Article 11 to Division 4 Chapter 2 of the Ukiah Municipal Code (Septage Receiving Regulations). Councilmember Hickey asked for clarification of septic being dumped in remote areas and the ordinance providing that septage be dumped at the Sewage Treatment Plant. Director of Public Works stated that septage dumped at the Sewage Treatment Plant would give better control over what material is being brought in. He stated that operators will be billed through the Finance Department and if bills are not paid, their permit could be revoked. Councilmember Feibusch stated that when the ordinance was originally introduced, it was suggested that the various haulers be asked or be notified to give their input. Director of Public Works stated he had contacted the Health Department and felt it would be appropriate to send notification to the haulers. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley, Myers NOES: None ABSENT: Snyder RECESS: 8:25 P.M. CITY MANAGER RECOMMENDATIONS Legislative Matters City Manager Payne stated that pending legislation before the Senate committee would mandate an agency shop as a negotiable item on the local government collective bargaining table. He pointed out that if an employee chose not to be a member of an union, he could be automatically terminated from the job. M/S: Feibusch/Hickey to instruct staff write a letter to Senator Keene in opposition to AB 1693 and that councilmembers contact Senator Keene individually. Motion carried by unanimous voice vote. Residential Conservation ServiCe Program Announcement And Startup Mayor Myers stated subject matter is for Council information only and no action is necessary. The program will be implemented through utility billings. Reclassification-Secretary To Supervising Secretary City Manager Payne stated no action is needed by Council and is for their information only. Reg.Mtg. 8/5/81 Page 5 439 PETITIONS & COP~UNICATIONS Letter from City of Crescent City re. proposed Establishment Of A Legislative Advocacy Program For Cities Of The Redwood ~mpire Division Of League of California Cities City Manager Payne stated he had no specific recommendation regarding a legislative advocate to represent Northern California before the State Legislature. Councilmember Feibusch asked if the anticipated contribution would be limited to $10,000. City Manager Payne felt this would be the total amount collected from participating cities. Councilmember Hickey felt this would be a duplication of services and felt Ukiah would get equal representation from the League itself. Councilmember Feibusch felt the intent was to have a special representative for the northern area and asked who would make the selection? Councilmember Hickey felt the selection would be made by the Redwood Empire Division of the League. It was the consensus of Council that more information was needed before any action could be taken and requested that Councilmember Snyder report back to Council regarding this after the next League meeting. Senate Concurrent Resolution No. 28 Relative To National Guard Day City Manager Payne stated that Resolution No. 28 has been adopted by the California Legislature. It was the consensus of Council that October 7, 1981 be proclaimed as National Guard Day. Letter From City Of Eureka Re Establishing A National Veterans' Cemetery M/S: Riley/Feibusch that Council will notify the President of their support of the establishment of a National Veteran's Cemetery to be located in Humboldt County. Motion carried by unanimous voice vote. Request From Ukiah Valley Youth Soccer League To Use Anton Stadium City Manager Payne stated this agenda item and the two following are requests to use City facilities and streets but there is no established policy for this procedure. Mayor Myers felt requests of this kind should be handled administratively and not come to the Council. Bob Mirata, Ukiah Valley Youth Soccer League, stated the request was made to Council as the Director of Parks & Recreation had denied their request and the Parks & Recreation Committee will not meet prior to this function. The Soccer League is requesting Anton Stadium for September 13 for an exhibition game. He stated the League has insurance through the California Youth Soccer League. The President of Ukiah Valley Youth Soccer League stated the same markings presently on the football field will be used and the field will not be damaged. M/S: Hickey/Riley that the City Manager be instructed to work with the Park & Recreation Director, or other staff as necessary, to establish a procedure for handling these requests. , Motion carried by unanimous voice vote. Reg.Mtg. 8/5181 Page 6 440 M/S: Riley/Hickey to approve the Ukiah Valley Youth Soccer League request for use of Anton Stadium subject to proof of insurance and availability of the field on September 13, 1981. Motion carried by unanimous voice vote. Request To Use Park and Street Area-Dog Daze Run City Manager Payne reported that the Police Department has had no request made for clearance of streets and traffic control for this event. The Police Department has attempted to contact the running club unsuccessfully. M/S: Riley/Hickey to approve the request to use Oak Manor Park and City streets pending proof of adequate insurance coverage. Motion carried by unanimous voice vote. Requests To Use Sun House Park City Manager Payne stated he has received two requests to use the Sun House Park for a wedding and the Chamber of Commerce outstanding achievement award ceremonies. Discussion was had regarding alcoholic beverages being allowed in the park. City Attorney was of the opinion that the Council had passed an ordinance prohibiting alcoholic beverages in City parks. M/S: Riley/Hickey to approve the requests to use the Sun House Park subject to review of the Municipal Code regarding alcoholic beverages and proof of insurance provided. Motion carried by unanimous voice vote. NEW BUSINESS Policy Resolution En~aging Private Firms For Weed Abatement Pro.g.r.am City Manager Payne stated the resolution was prepared based on discussions during budget hearings and would require the City to abate weeds, etc. by the use of private contractors instead of City crews. M/S: Riley/Hickey to approve Policy Resolution No. 3 establishing method of performing work for abatement of weeds, removal of rubbish, refuse and dirt within the City of Ukiah. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley, Myers NOES: None ABSENT: Snyder Introduction Of Ordinance Re Filing Schedule Of Fares For Taxi City Attorney stated the Council had requested a schedule of rate of fares be filed with the City Clerk without the necessity of approval by the City Council. He asked that Council determine when such fares be effective after filing with the City Clerk. M/S: Hickey/Riley to introduce Ordinance No. 769 by title only. Motion carried by unanimous voice vote. M/S: Hickey/Riley to introduce Ordinance No. 769 amending Section~ 2561 of the Municipal Code of the City of Ukiah providing for filing schedule of fares with fares to be effective 15 days after filing with the City Clerk. Motion carried by the following roll ~all vote: AYES: Hickey, Feibusch, Riley, Myers NOES: None ABSENT: Snyder Reg.Mtg. 8/5/81 Pa§e 7 441 Introduce And Final Reading Of Urgency Ordinance To Clarify Right Of City Council And City Manager To Appeal Action Of Agencies And Commissions City Manager Payne stated that the Council has the legislative power as a final authority to appeal decisions made by agencies, boards and commissions. He also felt the City Manager has this power too. He further stated the City Municipal Code is not clear as to the Council or City Manager being able to appeal an agency or commission decision. City Attorney referred to recent action taken by the Planning Commission regarding Burger King and pointed out, under the Code, only the applicant has the right of appeal. He felt the Code needed to be clarified on this point. M/S: Riley/Hickey to introduce Ordinance No. 770 by title only. Motion carried by unanimous voice vote. M/S: Riley/Hickey to introduce and adopt as an urgency measure Ordinance No. 770 amending Article 5 of the Ukiah Municipal Code specifying right of City Council members and City Manager to appeal actions or decisions of commission, boards and agencies. Councilmember Feibusch questioned the time period for filing appeal and expressed concern that councilmembers might not become aware of action taken by commissions, boards or agencies within that time period. It was pointed out that no permits can be issued during the appeal period and to make the appeal period longer could create a undue hardship upon applicants. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley, Myers NOES: None ABSENT: Snyder Call For Bid On City Owned Buildings- Marshall Street And Norgard Lane Councilmember Feibusch understood from budget hearings that this particular project is not proposed for some time and asked if the houses could be rented with a condition that no relocation reimbursement would be made. City Attorney seriously doubted that the City could make the waiver hold. M/S: Feibusch/Riley to approve Consent Calendar Item 6c, to retain ~he bid bonds of Antoni and Carroll in accordance with Section 2-03 of the contract specifications, and authorize staff to include the additional structure, Marshall Street, for removal and readvertise the structures for removal with modified insurance requirements as determined appropriate by the City Attorney. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley, Myers NOES: None ABSENT: Snyder COMMENTS FROM AUDIENCE Nancy Parker, Lockwood Drive, asked if any decision had been made by Council regarding the fencing and landscaping for the Bush Street extension and invited councilmembers meet her at the site to discuss the fencing and landscaping proposed. Director of Public Works stated the City has a contract with the school to replace the chain link fence with a solid fence to prevent access to the street and provide landscaping to serve as a buffer. Staff is working on the final improvement plans for the street at this time. Linda Foster felt the printing of the agenda on one sheet of paper was a good idea. CITY COUNCIL REPORTS Matter Of Intervention-Lake Mendocino Project (Hickey) Reg.Mtg. 8/5/81 Page 8 442 Councilmember Hickey stated Sonoma County Water Agency has filed a request to intervene on the Lake Mendocino dam project. They are filing late and he felt it was an attempt by Sonoma County Water to delay the project as long as possible. He also felt that the City might require an attorney representing the City in Washington, D.C. to fight this sort of thing. He suggested Bob O'Neil who represents several cities in NCPA. Councilmember Feibusch asked if we could contract with NCPA for legal services? It was the consensus of Council that the City Manager contact NCPA and Bob O'Neil to see if they would be interested in representing the City and to determine the fees they would charge. Councilmember Hickey. stated a tour is scheduled for August 28, leaving Healdsburg at 10 a.m., to the geysers to visit NCPA projects. Councilmember Feibusch felt that City positions should be filled locally. Councilmember Feibusch reported he would not be able to attend the August 10, 1981 Council meeting. Councilmember Feibusch reported to Council that there is a bill before the House of Representatives a bill which would allow concessions to be made to businesses who would like to do business in depressed areas. He stated he would follow up on the bill and contact Assemblyman Bosco. Councilmember Feibusch asked the status of the crash truck and the curb, gutter and sidewalk ordinance? City Manager stated the curb, gutter and sidewalk resolution will be on Council's next agenda and he will prepare a report on the crash truck. Councilmember Riley asked if the group from Cotati had been contacted? She reported the Site Selection Committee has had two meetings and plans to make a recommendation at the next Council meeting or the first meeting in September. She asked the status of the Las Casas use permit. City Manager Payne stated he would give a report at a later date. Councilmember Riley stated someone had made a suggestion that vacant buildings be charged a standby fee as they require more services. Councilmember Feibusch was of the opinion that you can't ask people to pay a fee when they can't lease their buildings. Councilmember Riley suggested meetings on land use be held in a larger building. Councilmember Riley stated she had concerns about the Chamber of Commerce and revenue sharing funds and is anxious to see the contract. ADJOURMENT - To Executive Session - 10:08 P.M. MARY MELVIN Deputy City Clerk Reg.Mtg. 8/5/81 Page 9