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HomeMy WebLinkAboutmin 05-20-81370 MINUTES OF TIlE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAtt MAY 20~ 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, F~ibusch, Snyder, Riley, Myers. Staff present: Payne, Orchard, Kruth, Harris, Goforth, Tillotson, Melvin. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Snyder gave the pledge of allegiance and Youth Pastor Barth Campbell of First Baptist Church gave the invocation. PROCLAMATION - "Mental Health Month" Mayor Myers stated the proclamation had been presented at the opening of the new mental health facility this week and would not be presented again this evening. MINUTES - Regular Meeting, 5/6/81; Adjourned Session, 5/4/81 & 5/11/81 M/S: Riley/Feibusch to approve the Minutes of May 6, 1981 as amended and the minutes of May 4, 1981 and May 11, 1981. Motion carried by the following roll call vote: .Minutes of May 6, 1981 as amended and May 11, 1981: AYES: NOES: ABSENT: Councilmembers Hickey, Feibusch, Snyder, Riley, Myers None None Minutes of May 4~ 1981: AYES: Councilmembers Hickey, Feibusch, Snyder, Riley NOES: None ABSENT: None ABSTAIN: Mayor Myers RESOLUTION ADOPTION NO. 81-72 ADOPTING SEC. 1094.6 OF THE CODE OF CIVIL PROCEDURE % Mayor Myers requested that subject matter be considered now prior to time listed on agenda. M/S: Hickey/Snyder to move Agenda Item 8c to Agenda Item 5b. Unanimously carried by voice vote. M/S: Snyder/Feibusch to approve adoption of Resolution No. 81-72 adopting Section 1094.6 of the Code of Civil Procedure of the State of California. In answer to a request for clarification regarding employee grievances, City Attorney Orchard stated basically this resolution applies to any action which a person can go to court on. 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 Agenda Item 12f be pulled. M/S: Riley/Snyder to approve Agenda Items 12a-12e and 12g on the Consent Calendar as follows: 12a. Payroll Warrants, #15160-15317, in the total amount of $106,065.67; 12b. General Warrants, #17317-17422, in the total amount of $416,051.04; 12c. Deny claim for damages filed by Emil Kafrouni; 12d. Award of bid for 300 KV transformer to WESCO in the total amount of $4,139.62; 12e. Award of bid for submersible vacuum switches to Graybar Electric in the total amount of $8,480.00; 12g. Report of Administrative Actions & Proposals. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None UNFINISHED BUSINESS AIRPORT-SOUTH STATE STREET ANNEXATION FEASIBILITY M/S: Riley/Snyder to continue subject matter to Council's June 3, 1981 meeting at staff's request. Motion carried by unanimous voice vote. (City Council action later in the meeting cancelled the June 3rd meeting. This matter will be considered June 17th.) ACCESS.REPORT M/S: Riley/Feibusch to continue subject matter to Council's June 17, 1981 meeting so ACCESS Committee members might have an opportunity to respond. Motion carried by 4-1 (Hickey) voice vote. RESOLUTION NQ. 81-73 APPROVING COUNTY CULTURAL & ARTS PLAN M/S:. Riley/Feibusch to approve Resolution No. 81-73 approving the County Cultural and Arts Plan. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, ;Snyder, Riley, Myers NOES: None ABSENT: None PETITIONS & CO~{UNICATIONS % APPEAL OF PLANNING COb~ISSION DECISION RE IN LIEU FEE REQUIREMENT (JACK S~SON, CHRISTIAN SCIENCE C~JRCH VARIANCE) City Manager Payne stated that the Planning Commission and Parking Advisory Committee recommend that the in lieu fee be waived for this project. M/S: Snyder/Feibusch to waive the in lieu fees for Christian Science Church and to uphold the appeal of the Planning Commission action. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None NEW BUSINESS RESOLUTION NO. 81-74 EXPRESSING SUPPORT OF EFFORTS THAT WILL ENHANCE HOb~ RULE M/S: Snyder/Riley to approve Resolution No. 81-74 expressing its support of efforts by the Federal Administration to return powers to local entities and urge a careful implementation of those efforts in ways that will enhance, not further impede, home rule. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None Reg.Mtg. 5/20/8] Page 2 872 RESOLUTION NO. 81-75 SUPPORTING HUD HOUSING FOR SENIOR CITIZENS Duane Hill, Director of Rural Communities tIousing Development Corporation, stated that approval of the resolution by Council would enhance their applicatioD to HUD. He further stated that the Board of Supervisors has given their support to this project. M/S: Riley/Feibusch to approve Resolution No. 81-75 in support of HUD housing for Senior Citizens. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None SPECIAL ORDER OF BUSINESS FIRST READING, ORDINANCE NO. 760, REGULATING SMOKING IN THE CITY OF UKIAH Subject ordinance originated with an ad hoc committee and was considered by the City Council at its last meeting and was continued to this meeting. City Manager Payne reviewed for Council the provisions contained in the ordinance with specific changes being: 1. Deletion of existing smoking ordinance relating to City Hall only with incorporation into the proposed ordinance; 2. Removal of reporting to Council quarterly; 3. Removal of requirement that a copy of the ordinance be mailed to all business enterprises; 4. Does not include in staff's proposed ordinance requirement that business owners enforce the ordinance or provision of a work site that is free from smoke 5. Strengthens the area of signing; 6. °Provides that a portion of restaurants be set aside for nonsmokers; 7. Removal of portions that hinted the City would take stronger action if all intents of business persons were not fulfilled; 8. Removal of section that applied to schools. M/S: Snyder/Riley to introduce Ordinance No. 760 by title only. Motion unanimously carried by voice vote. % M/S: Snyder/Riley to introduce Ordinance No. 760 amending Division 5 Chapter 6 of the Ukiah Municipal Code pertaining to the regulation of smoking with the following amendments: 1. Section 4501 - Legislative Finding: First paragraph - deletion of "The City Council of the City" and insert "The City Council recognizes the right and need of those who wish to breathe smoke free air' and". Last line of first paragraph, delete "certain" and "open to public use" and insert "enclosed" and "and in places of employment." 2. Article 2 to read: "PROHIBITION OF SMOKING IN ENCLOSED PLACES AND IN PLACES OF Eb~LOYMENT". 3. Section 4502e to read: "Ail ~nclosed areas open to and customarily used by the public in retail stores, eating establishments and in all other businesses patronized by the public, including, but not limited to, pharmacies, banks, savings and loan offices, attorneys' offices, insurance offices, hotels and motels;" : 4. Addition of Section 4502J: "Ail employers must provide a smoke free work area to any employee who requests one in writing." 5. Section 4503b1: Deletion of "An attempt is made that". Reg. Mtg. 5/20/8 Page 3 373 6. Section 4504s: Deletion of "as private offices or". 7. Article 4 to read: "POSTING REQUIRE~ AND DUTY TO INFORM". 8. Section 4505, first paragraph: Deletion of "Smoking" "No Smoking" and insert "A. "Smoking" and/or "No Smoking". 9. Section 4505: 'Addition of "B" to be taken from Section VII-c of ad hoc ~ .... II __ ~ ~ II committee's' proposed ordinance and titled Duty ~o ~n~orm · 10. Section 4506 - addition of new "c" to read" "It shall be unlawful for any owners, managers, operators and their employees not to inform orally persons violating this ordinance of the appropriate provisions thereof." and that renumbering of original "c" through "e". 11. Section 4506f - to read" "Upon a conviction under a), b) or c) above, such person shall be punished by a fine not to exceed one hundred ($100.00) dollars per violation." Councilmember Hickey stated he felt passage of the ordinance would cause unwarranted regulation by government in the private sector and was of the opinion that the ordinance was unenforceable. Councilmember Riley stated, although she was in support of the Ordinance, she had concern for the small restaurant or coffee shop owner and asked if a variance procedure is provided for in the proposed ordinance? City Attorney Orchard stated that the proposed ordinance does not provide for variance procedure. Councilmember Feibusch referred to Article 3, item b3 and felt there could be a problem with providing exactly the same area for non smoking and smoking. He was also opposed to $100 fine. Those from ~he audience that spoke in ~avor of the ordinance were: Richard Weiner William O'Keefe Doug Puckering , Irene Sargentini I Grace Jones Mr. Sargentini Janet Fawson Tony Paradise .Those from the audience that spoke in opposition to the ordinance were: Roy Curl Linda Foster M/S: Riley/Feibusch to add an amendment to original motion to add Section c to Article 3 entitled "Variance" and to contain language from Section 7d of the proposed ordinance from the ad hoc committee an6 to delete the wording "City Manager" to read "City Council". Amendment to original motion Carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None Mayor Myers reiterated his concern that subject matter could be handled by resolution and asking for the cooperation of people. ....... Councilmember Feibusch asked for clarification of the amount of fine. City Attorney Orchard stated that the fine would be set by the Court but would not exceed $100. Original motion carried by the following roll call vote: AYES: Feibusch, Snyder, Riley NOES: Hickey, Myers ABSENT: None RECESS Re§.Mtg. 5/20/81 Page 4 374 NEW BUSINESS WASTEWATER TREATMENT PLANT PROJECT - REQUEST TO APPROVE PLANS AND SPECIFICATIONS AND DIRECT CALL FOR BIDS City Manager Payne reported that he had been informed by Mr. Subbotin that the State'has accepted the plans and specifications for the Wastewater Treatment Plant improvements. He also reported that at the Ukiah Valley Sanitation District's meeting this week, they voted against approval of the plans and authorization to call for bids. He reviewed for Council the ramifications of a positive or negative vote. He stated Council is being requested to approve the plans and specifications, authorize the City Engineer to sign them and to call for bids and it would not be Council's final action on the project. M/S: Hickey/Snyder that City Council accept the plans and specifications for the Wastewater Treatment Plant improvements as submitted by Kennedy Jenks and authorize City Engineer to sign the plans on behalf of the City and City Council also authorize and direct the City Manager to request and call for bids subject to State approval and legal requirements at the earliest date feasible. Councilmember Feibusch was of the opinion that the proposed wastewater treatment plant would be suitable for urban and not rural areas'and would not conserve energy as it sends water down the Russian River. He felt it would be an investment in obsolescence. He also felt Kennedy Jenks should have known what the requirements would be and to present the City with additional requeSt for funds was not proper. He stated the City Council and Ukiah Valley Sanitation District have an obligation to the people who have paid into this District and they have priority to be hooked up into the system. He also reported that Congressman Clausen will be in Arcata on August 6 and 7 to address Arcata's wastewater problems. He felt Council should look into an innovative treatment plan and address expansion of the facility at a later date when availability~of State or Federal funds can. be determined. He stated he is opposed to an energy and chemical intensive design. Mayor Myers asked if the City were to consider a marsh treatment facility, would the funds be transferable? Director of Public Works stated that the City had looked at several other alternatives, but that that technology was not appropriate in our situation or appropriate to the State Water Quality Board. Mayor Myers asked if the City went into another project at this time, what ~ould that do to the cease and desist order. Ben Core of the State Water Quality Control Board stated the City has been in violation for several years and the violations still exist. If the cease and desist order is not corrected, a recommendation to the Board to take further action would occur. That action would probably recommend a connection prohibition and result in a moratorium of new hookups. He stated transfer of funds from one project to another is not automatic and the City would have to start from the beginning. Councilmember Riley stated that as the Ukiah Valley Sanitation District had voted against approval of the plans, it would appear to change the position of the City. She asked if the City would be required to underwrite the entire project? City Attorney Orchard stated that matter is currently being researched. Councilmember Riley stated she has heard conflicting reports regarding increased capacity. Director of Public Works stated the improvements to the wastewater treatment plant would provide a means to bring back to the plant the additional flow in winter. He stated additional capacity was built into the plant to provide for future growth. Councilmember Riley stated that given the changing character in not having the Ukiah Valley Sanitation District approve the plans and the increase in Reg. Mtg. 5/20/81 Page 5 375 the monthly sewer bill of approximately 30%, she could not vote to proceed. She felt the problem could be solved at the local level. Supervisor Tom Crofoot stated that one of the negative votes at the District's meeting came from a member of the Board of Supervisors. He stated that that.vote was from an individual and not as a representative of the Board. Howard Bashford, 520 Canyon View Court, felt the Council should respect those decisions made by previous councilmembers. He felt councilmembers should not be influenced by the vote of the Ukiah Valley Sanitation District. Motion carried by the following roll call vote: AYES: Hickey, Snyder, Myers NOES: Feibusch, Riley ABSENT: None DISCUSSION OF RESOLUTION NO. 81-76 REGARDING URGING REPEAL OF SECTION 301 OF THE POWER PLANT INDUSTRIAL FUEL USE ACT M/S: Riley/Snyder to approve Resolution No. 81-76 urging the repeal of Section 301 of the Powerplant and Industrial Fuel Use Act. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None RESOLUTION NO. 81-77 SETTING APPROPRIATION LIMIT FOR 1981-82 M/S: Hickey/Feibusch to approve Resolution No. 81-77 fixing limitation on City expenditures for fiscal year 1981-82. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES~.- None ABSENT: None OTHER BUSINESS · AWARD OF BID FOR REMOVAL OF STORAGE BUILDING AT FRA~NK ZEEK SCHOOL ICouncilmember Feibusch questioned the promptness of this project going out to bid being based on partiality. M/S: Feibusch/Snyder to approve award of bid for removal of storage building at Frank Zeek School to Jose Lucientes in the total amount of $76.00. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None COMMENTS FROM AUDIENCE - None. CITY COUNCIL REPORTS SENATE CONSTITUTIONAL AMENDMENT 7 M/S: Hickey/Snyder to send a letter to the District Attorney of Los Angeles County voicing Council's support of his position and also send a copy of Council's letter to the members of the committee who is hearing this in the legislature. Councilmember Riley stated she could not support subject matter in terms of civil rights. Councilmember Hickey stated this is not a matter of civil rights but the right to use the same procedure used by the federal courts. He stated that in the State it is twice as difficult to get and present evidence without some infraction of the law. . Reg. Mtg. 5~20~8] Page 6 376 Motion carried by unanimous voice vote. MAYOR'S APPOINTMENTS TO COUNCIL. COMMITTEES' Mayor Myers requested that Council committee appointments be held over to Council's next meeting as he is presently trying to work out with MCOG a schedule of meetings as it is difficult for him to make morning meetings. He also reported that the Ukiah Players, according to the by-laws, has requested a member of the City Council be appointed to their board. He stated he would be happy to accept any recommendations. Councilmember Feibusch requested that he not be reappointed to the County Chamber of Commerce. Councilmember Feibusch stated he would like to make alterations to the agenda format. He suggested the consent calendar items be listed directly under the consent calendar heading and to drop the heading "Other Business". Mayor Myers felt with time the agenda format would straighten itself out. Discussion was had regarding the placement of the minutes on the agenda. It was the consensus of Council that the minutes remain as a separate item on the agenda and not to be included with the Consent Calendar. Councilmember Snyder reported that the National Guard will hold maneuvers in Ukiah on June 6 and 7 and it is their intent to locate in Ukiah. She further reported that the National Guard can only do projects that would not be done by private businesses. Councilmember Snyder stated that the May 15 League of California Cities Bulletin, Item 6, discussed city and county elected officials. She requested that the matter be agendized for Council's June 17th meeting. Councilmember Snyder requested the Mayor to send a letter to the Board of Supervisors thanking them for approving the tax deed of purchase. Councilmember Snyder stated there is an additional vacancy on the Parking ~Advisory Committee with the resignation of Dale Harrison. Discussion was had if the committee should be left at five members, whether to appoint two new members or to abolish the committee. It was the consensus of Council to place subject matter on Council June 17th agenda for discussion and staff is to prepare a report on the pros and cons of 1) five member committee; 2) seven member committee and 3) elimination of the Parking Advisory Committee. Councilmember Riley reported that Bert Hinds, Chairman of the ACCESS Committee, requested that copies of the Director of Public Works memorandum be sent to the ACCESS members. City Manager Payne requested that Council authorize issuance of a certificate of appreciation to Dave Strong retiring Recreation & Parks Director and to ACCESS committee members. M/S: Hickey/Myers to agendize subject matter, for discussion. Motion carried by unanimous voice vote. M/S: Hickey/Myers to issue a certificate of appreciation to Dave Strong for his twenty years of service and certificates of appreciation be issued to members'of the ACCESS Committee for completion of their project. Motion carried by unanimous voice vote. Mayor ~.ers reporte~ that two council members will not be at the June 3 meeting. M/S: Hickey/Snyder to cancel Council's June 3, 1981 meeting. Motion carried by unanimous voice vote. . Reg.Mtg. 5/20/81 Page 7 377 ADJOURNMENT - 9: 30 P.M. MARY MELVIN Deputy City Clerk Reg. 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