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HomeMy WebLinkAboutmin 05-06-81354 CITY COUNCIL CthiMBERS 111 W. Church Ukiah, Ca. May 6, 1981 The City Council met in an Adjourned Special Meeting with the Ukiah Valley Sanitation District regarding presentation of Draft Financial Plan, Wastewater Treatment. Councilmembers present: Hickey, Feibusch, Snyder, Riley, Myers. Staff present: Payne, Orchard, Kruth, Harris, Tillotson, Melvin. Victor Subbotin, Stone & Youngberg, presented to Council the draft of the financial plan and revenue program for the Wastewater Treatment Plant. He reques'ted that the action needed by Council would be to give direction to staff and consultants to submit the financing plan to the State for their review; to be prepared on May 20 to approve the plan and then to direct staff to obtain construction bids. He anticipates that the plan will be approved by the State this week. He spoke to the possibility of the current Administration impacting future wastewater projects and the necessity to act quickly. M/S: Hickey/Snyder to authorize staff to proceed with the necessary steps regarding processing of the financial plan and revenue program for the Wastewater Treatment Plant. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None Mayor Myers adjourned the special meeting AGENDA ACTION TAKEN CALL TO ORDER 6:30 P.M. Mayor Myers presiding. Councilmembers present: Hickey, Feibusch, Snyder, Riley, Myers. Staff 'present: Payne, Orchard, Kruth, Harris, Tillotson, Melvin. INVOCATION PLEDGE OF ALLEGIANCE Sister Frances Claire of St. Marys. Councilmember Riley PROCLAMATION Mayor Myers proclaimed May 15-17, 1981 as Medical Assistance Week. Billye Fox was present to receive the proclamation. CONSENT CALENDAR CONSENT CALENDAR Councilmember Hickey requested that Agenda Item #2 be pulled; Councilmember Feibusch requested that Agenda Items #3, 5 and 6 be pulled. M/S: Riley/Feibusch to approve Agenda Items 1 and 4 on the Consent Calender as follows: 1) Payroll Warrants, #14002-14159, $107,074.40. 355 4) Approved Minutes of Adjourned Sessions 4/20/81 and 4/27/81. Motion carrind by the following roll call .vote: tlickey Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None 2) General Warrants Councilmember Hickey referred to Warrant No. 17257, Longs Drug ~tore, in the amount of $376.63 for prescription drugs. City Manager Payne stated that this had been incorrectly coded. Councilmember Feibusch referred to Warrant No. 17235 to Diametrics (CRIS) in the amount of $454.35 and asked if there would be further costs? City Manager Payne stated he would report bark to Council on subject matter. M/S: Feibusch/Riley to approve General Warrants, #17203-17211 in the total amount of $237,869.05. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley., Myers NOES: None ABSENT: None 3) Minutes, Regular Meeting, 4/15/81 amended . M/S: Hickey/Feibusch to approve the minutes of April 15, 1981 as Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None 5) Claim for damages filed by Councilmember Feibusch R. L. Smith (Selzer Realty) stated that as the claim had been paid this should not have appeared on the Consent Calendar. City Manager Payne stated any claim has to be received and rejected by the City Council; however, this particular claim had been paid before coming to the Council and the matter had been discussed with the insurance company. M/S: Feibusch/Riley to deny claim for damages filed by R. L. Smith (Seizer Realty). Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None 6) Award of bid for high Councilmember Feibusch pressure sodium fixtures stated as there has been a problem with the high pressure sodium fixtures in the past could a guarantee be given so the City would not be charged for labor? Director of Public Works Kruth stated that they had previously tried to get this type of guarantee but the company will not pay for the up and down time only the replacement of fixtures. M/S: Feibusch/Hickey to award bid for high pressure sodium fixtures to Consolidated Electric Distributors, Inc. in. the total amount of $6,996.00. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None PUBLIC IIEARINGS PUBLIC tIEARINGS Reg.Mtg. 516/8] Page 2 356 7) General Plan Amendment for City Manager Payne reminded South Luce Area Council that the General 'Plan can only be amended three times.during the fiscal year. He stated the Council could open the public hearing on the South Luce area matter and then continue the public hear'ing to a later time in order'to consider Agenda Item #11 (Don Jenkins' appeal of Planning Commission action regarding General Plan amendment for Southwind Subdivision located to rear of Yokayo'Shopping Center). PUBLIC HEARING OPENED (South Luce): No one spoke against the proposal. Sidney Schmierer, 165 S. Luce, stated the reason for the urgency of this proposal is because of a sale pending'on her pToperty. Jeff Wong, San Rafael, stated he was in favor of the requested General Plan amendment. Councilmember Hickey asked'why the land change could not be handled through a use permit or variance. Planning Director Harris stated that those procedures would be inconsistent with the General Plan. Mayor Myers continued the public hearing to be heard after the Timed Agenda. TIMED AGENDA TIMED AGENDA Discussion re proposed ordinance to regulate smoking in the City of Ukiah the agenda for Council consideration.' Councilmember Snyder stated she was asked by members of the committee that the subject matter be placed on Those that spoke in favor of the ordinance were of the opinion that smoking is more than a minor social annoyance - it has created a widespread health problem which must be abated: Rich Weiner Lois Puckering A1 Bellam Grace Jones Marilyn Moore Ralph Paulin Alice Holiday Vern Hopkinson Barry Vogel Daisy Norberry Harry Lippet Judith Hummer-Fox Kitty Loper Marshall McElhaney Those that spoke against the ordinance were: Linda Foster Councilmember Feibusch stated he was in support of the ordinance. He further spoke to the economic issue of smoking and the subsidy of the tobacco industry. Councilmember Snyder stated Council has received overwhelming evidence in favor of the ordinance'and only one letter had been received in opposition to the ordinance. Reg. Mtg. 5/6/81 Page 3 357 Councilmember llickcy stated that people shoul, d have thc right to smoke if they choose to and did not believe that Counct.1 had any business controlling their actions. He felt a better approach would be through public education. Ile also pointed out at the last general election, the smoking issue was defeated by the people of the State. Councilmember Riley stated, she had signed the petition and was in favor of the ordinance. Mayor Myers felt their would be a problem with enforcement of the ordinance. He stated he would be in favor of a resolution for education to bring about a cooperative spirit and not have to legislate. Councilmember Snyder felt the Cancer Society has done a great job of public education and the problem still exists. Councilmember Snyder made a'motion to introduce the ordinance by title only. Motion died for lack of a second. City Manager Payne stated that the proposed ordinance should be reviewed by City staff and the City Attorney before Council takes action. He felt there would be difficulties with administration and enforcement of the ordinance. He reviewed for Council his concerns regarding the proposed ordinance. M/S: Feibusch/Riley that the City Manager and City Attorney be instructed to review the ordinance and report back to City Council. Motion carried by the following roll call vote: AYES: Feibusch, Snyder, Riley NOES: Hickey, Myers ABSENT: None Mayor Myers stated that the proposed ordinance would be available with the May 20, 1981 Council packet at the Library for review by the public. RECESS: 8:15 P.M. WRITTEN COMMUNICATIONS WRITTEN COMMUNICATIONS- 7) General Plan Amendment for South Luce area 11) Don Jenkins appeal of Planning Commission action ~egarding General Plan amendment for Southwind Subdivision located to rear of Yokayo Shopping Center Mayor Myers stated that Agenda Item 11 would be considered at this time along with Agenda Item 7. It was pointed out that the Planning Commission had voted against the request by Don Jenkins for General Plan amendment. Planning Director Harris stated the major concern of the Planning Commission related to amending the General Plan for a specific project. Councilmember Riley asked Mr. Jenkins if he brought with him the letter from Farmers Home Administration regarding financial commitment? Mr. Jenkins stated he did not. Councilmember Hickey spoke to the time frame for the loan commitment and felt staff's objection to the project was based on the lengthy and laborious task of amending the General Plan. Councilmember Hickey made a motion to grant appeal by Don Jenkins of the Planning Commission action regarding General Plan amendment. Motion died for lack of a second. Reg. Mtg. 5/6/81 Page 4 M/S: Riley/Snyder to uphold tl~c recommehdation of the Planning Commission a.nd staff regarding Jenki. ns' apt)cal. Motion carried by the following roll call vote: AYES: Feibusch, Snyder, Riley, Myers NOES: tIickey ABSENT: None PUBLIC HEARING CLOSED Regarding South Luce area. M/S: Snyder/Riley to find the Negative Declaration of Environmental Impact adequate. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None M/S: Snyder/Feibusch to approve Resolution No. 81-69 amending the General Plan, Land Use Change "South Luce". Councilmember Riley felt that the designation for land use should be high density residential instead of commercial because of the proximity to residential area. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Myers NOES: Riley ABSENT: None PUBLIC HEARING PUBLIC HEARING 8) Requested rate increase, City Manager Payne reviewed Solid Waste pickup for Council his recommendations regarding rate increases and the Solid Waste franchise. PUBLIC HEARING OPENED: Linda Foster, Ukiah, stated she agreed with the City Manager's recommendations. PUBLIC HEARING CLOSED. Residential Rates It was suggested that as the refuse service gives the City approximately $6,000 of free service each year that the City be charged for this service. Concern was expressed that Solid Waste had been granted a rate increase less than a year ago. It was pointed out that this increase was to relieve the cash flow problem at that time. M/S: Feibusch/Snyder to grant residential rate increase as follows: minimum rate - $2.00; curb service - $4.50 with each additional can $2.50; pack out service - $5.50 with each additional can $3.50; handicap - $4.50. It was requested that the Senior Citizen rate not be increased. M/S: Feibusch/Snyder to amend the original motion by decreasing the minimum rate to $1.80. only Councilmember Riley felt that charging ~1.00 more to pack out additional cans would encourage more garbage and stressed the importance of recycling to cut down on garbage. Amendment to motion was carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, }~ers NOES: None ABSENT: None. Reg.Mtg. 5/6/8~ Page 5 359 It was suggested that the ncwslette, r could advise residents that they could save money by using curb service. Motion carried by the following roll call vote: AYES: Feibusch, Snyder, Myers NOES: tlickey, Riley ABSENT: None Con~ercial Rates In answer to the ~ercentage of commercial rate increase not being consistent in each category, Mr. Ward of Solid Waste stated that the commercial rate increase schedule was developed by the previous city manager. He stated he was not in agreement with the residential rate adopted by the Council as it would disrupt his operation. He also pointed out that his contract with the City requires free service for City facilities but if the City is willing to pay for their service it would help. M/S: Riley/Feibusch to adopt the commercial rate structure for Solid Waste as set forth iff the staff memo of May 6, 1981. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None M/S: Snyder/Hickey to set June 1, 1981 as the effective date of the rate increase and to direct staff to implement the following recommendations (Nos. 4-7) of the City Manager contained in his April 24, 1981 memorandum: 4. The City of Ukiah, per the franchise, employ the auditor for the next audit. 5. That auditor be charged with the responsibility of a divisional statement of income and expenses separating this particular Solid Wastes Systems, Inc. from the other owned businesses operating out of the same offices and/or with the same general owners. 6. That the auditor be required to provide a management letter to the City of Ukiah regarding the operations of the garbage company. · 7. The City of Ukiah agree, following that audit and upon request of the Solid Wastes Systems, Inc. to consider adjustments to the newly adopted rates. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None Residential & commercial rates were confirmed with the adoption of Reso. 81-70. REPORTS FROM BOARDS, CO}fl~ITTEES, COMMISSIONS None WRITTEN COMMUNICATIONS WRITTEN COMMUNICATIONS 9) Discussion of Farmer's Market City Attorney Orchard stated proposal & consideration of the City Council is bound by rescinding previous Council its ordinances and the action planning procedure.. It was his opinion that the action taken previously by Council was invalid and should be rescinded. M/S: Hickey/Snyder to reconsider action taken regarding Farmer's Market and set that action aside and advise applicant to proceed back through the planning process if they desire to continue. Reg. Mtg. 5/6/81 Page 6