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CITY COUNCIL MINUTES
CITY COUNCIL CHAMBERS
UKIAH, CA.
lll W. Church
February 18, 1981
AGENDA
CALL TO ORDER
ACTION TAKEN
6:30 P.M. Mayor Hickey
presiding. Councilmembers
present: Riley, Feibusch,
Snyder, Myers, Hickey.
Staff present: Cash, Kruth,
Harris, Roper, Tillotson,
Melvin
INVOCATION
PLEDGE OF ALLEGIANCE
PROCLAMATION
Mayor Hickey
Counci lmember Myers
None
MAYOR WELCOMES SCOUTS Mayor Hickey welcomed the Boy
Scouts from the Sonoma-
Mendocino Area Council. The
occasion was Scouts In Government Day. Those present represented the
Yokayo District as follows: Mike Trenholm, Troop 46; John Joselyn, Troop 49;
John Case, Troop 50; Greg Hamilton, Troop 65; Mike Passof, Troop 75;
Richard Hove, Troop 77; Doug Drennan, Troop 89; Fred Healy, Troop 46; Matt
Barker, Troop 46. Each Scout sat with a CounCilmember or staff member
and participated in a portion of the meeting.
CONSENT CALENDAR
CONSENT CALENDAR
Councilmember Myers and Riley requested that Item No. 3 be pulled;
Councilmember Feibusch requested .that Item No. 1 be pulled; Councilmember
Myers requested that Item No. 5 be pulled; Mayor Hickey requested that
Item No. 6 be pulled; Councilmember Snyder requested that Item No. 7
be pul 1 ed.
M/S' Snyder/Feibusch to approve Items No. 2, 4 and 8 on the Consent
Calendar as follows-
2) General Warrants, #16617-16754, $468,458.82.
4) Approved Resolution No. 81-54 authorizing purchase of police vehicles.
8) Denied claim for damages of Jerry D. Allen in the amount of $15.00.
Motion carried by the following roll call vote' AYES' Riley, Feibusch,
Snyder, Myers, Hickey NOES' None ABSENT' None
l) Payroll Warrants Councilmember Feibusch requested
that subject matter be discussed
in Personnel Session and reopened for action that City Council may take
on the matter.
3) Minutes, Regular Meeting, M/S' Ri l ey/Fei busch to
February 4, 1981 approve the minutes of the
regular meeting of February 4.,
1981 as amended by Councilmembers Myers and Riley.
Motion carried by the following roll call vote' AYES' Riley, Feibusch,
Snyder,'Myers, Hickey NOES' None ABSENT' None
309
5) Resolution changing placement Councilmember Myers and Snyder
of meters to north side of requested an explanation of
Smith Street the reason for moving the meters.
Councilmember Snyder also asked
the cost of relocating the parking meters? Public Works'Director Kruth
stated that the change to the north side of Smith Street would improve
ease of parellel parking and make access to the Palace Hotel garbage
bin easier. He estimated it would cost approximately $600 to replace the
meters.
Councilmember Snyder asked if the Palace Hotel had been contacted to
participate in the cost of removal of subject meters?
M/S: Feibusch/Myers to hold subject matter over and to submit a proposal
to Palace Hotel for contribution to moving the parking meters.
Motion carried by the following roll call vote: AYES: Riley, Feibusch,
Snyder, Myers, Hickey NOES: None ABSENT: None
6) ResolUtion initiating Mayor Hickey referred to LAFCO's
proceedings for Airport Resolution No. 80-3 and asked
Reorganization No. 80-5 if the intent was that we annex
· Munson Subdivision and Hastings
Road areas as a condition of their approval of the Airport Industrial Park?
Planning Director Harris stated that all that is required is an
application filed requesting annexation of Munson Subdivision and Hastings
Road areas. Interim City Manager Cash stated for additional
clarification, a revised resolution and map showing specific boundaries
under consideration has been distributed to Council.
M/S' Hickey/Snyder to approve Resolution No. 81-55 initiating proceedings
for the Airport Reorganization No. 80-5.
Motion carried by the following roll call vote: AYES: Riley, Feibusch,
Snyder, Myers, Hickey NOES: None ABSENT: None
7) Budget transfer authorization Councilmember Snyder did not
to repair underground fuel line- feel the City was responsible
Fire Department for the cost of replacement of
pipe at Fire Station No. 2 in
as much as Petroleum Engineering did the work in the first place. City
Engineer Kruth stated it was presumed that the work was done in
accordance with the specifications but this work was contracted to the
architect and the inspection was under their supervision.
M/S: Snyder/Feibusch to refer subject matter to City Attorney for
report.
Motion carried by the following roll call vote: AYES: Riley, Feibusch,
Snyder, Myers, Hickey NOES: None ABSENT: None
PUBLIC HEARING
8a) Consideration of Energy Management
Plan & Municipal Solar Utility
Implementation Plan as presented
by ACCESS
PUBLIC HEARING
,. ·
Interim City Manager Cash
stated a letter from William
Self was filed this date with
the request that it be made a
part of the public hearing.
The letter was read and stated'there is a need for energy conservation
as an alternative to PG&E; felt the report was very well done; that
Council should give serious consideration to it and requested that the
report be implemented.
Public Hearing opened:
Terry Fite, ACCESS member, stated the purpose of the public hearing was
to take formal public comments and to hear questions from the City Council.
Don VanderMey, ACCESS member, stated the plan before Council is a
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310
compromise of many positions and the report should be taken in its
entirety to be workable.
Public Hearing closed.
Councilmember Riley as of the opinion a permanent commission should be
established.
Councilmember Feibusch suggested that Council assist'ACCESS in forming
a nonprofit corporation in order that it be self supporting.
Councilmember Myers stated he was in favor of establishing a commission,
felt the area of public energy conservation education should be
stressed and that further action on subject matter by Council be delayed
until a new city manager is selected.
Mayor Hickey suggested that the number of the proposed energy commission
members be limited to nine.
Councilmember Snyder felt no action should be taken until selection of
a new city manager is made. She asked if the City must go through NCPA
if an alternate source of energy is found? Mayor Hickey stated that
the City mus.t advise NCPA that an alternate source is available.
M/S' Myers/Riley that staff and City Attorney prepare a resolution to
create a nine member energy commission for the City of Ukiah.
Motion carried by the following roll call vote- AYES' Riley, Feibusch,
Snyder, Myers, Hickey NOES' None ABSENT: None
Councilmember Riley stated ACCESS members are concerned about having
staff support and as ACCESS is convinced that the planner position will
pay for itself, asked if the planner position could be contracted for?
Councilmember Riley made a motion that staff prepare a report for City
Council on the possibility of a contract for an energy planner for a
six month period. Motion died for lack of a second. It was felt that
Council had not had enough time to consider the proposed plan and that
no action should be taken before a new city manager was found.
REPORTS FROM BOARDS, COMMITTEES,
COMMISSIONS
REPORTS FROM BOARDS, COMMITTEES,
COMMISSIONS
9) Appeal' of Planning Commission' Planning Director Harris stated
action variance application 81-33 the applicant is appealing
filed by Fyrel Fenton, 350 E1 Rio Planning Commission decision of
Court denial of the requested variance.
The Planning Commission determined
that due to improper measurement of the property line, when the builder
was locating the foundation, the front northerly corner extends 10 inches
into the sideyard; a fireplace on each side of the duplex also extended
into the sideyard setback (since denial of the original variance,
these have been removed and relocated) and after notification by letter
of violation of City Zoning Ordinance following inspection of the
development, applicant chose to continue with the construction of the
building.
Fyrel Fenton, Santa Rosa, stated that approximately nine inches of the
front north corner of the building encroach into the five foot sideyard
setback and that modification of the building to bring it within the
prescribed boundary would be quite costly and would detract from the
appearance of the building. He further stated he has removed the
fireplaces and relocated them inside the building.
Councilmember Feibusch asked applicant if the fence was there when the
foundation was put in? Applicant stated it was. Councilmember Feibusch
asked if an inspection was made before the concrete was placed? Applicant
stated yes.
Mayor Hickey stated that there are several statements to the effect that
after applicant was given notice of violation that construction of the
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Page 3
building accelerated. Applicant stated with rain ruining the lumber
and high interest rates, acceleration was necessary.
Councilmember Riley asked how the mistake was discovered? Planning
Director Harris stated the adjacent property owners called the Building
Department.
Discussion was had regarding the property line in relation to the fence
and stake on the south property line.
M/S' Feibusch/Myers to approve Variance Application No. 81-33 filed
by Fyrel Fenton, 350 E1 Rio Court.
Couhcilmember Myers asked, in the deliberation of the Planning Commission,
was the major concern the setback of the fireplaces? Planning Director
Harris stated it was. Councilmember Myers felt with the removal of the
fireplaces, the major mitigation had been removed.
Councilmember Riley asked the legal criteria for granting a variance?
City Attorney Orchard stated a variance could be granted because of
hardship.
Councilmember Snyder and Riley felt Council action should wait until
evidence from the building inspector could be heard.
Motion carried by the following roll call vote: AYES' Feibusch, Myers,
Hickey NOES': Riley, Snyder ABSENT- None
TIMED AGENDA
TIMED AGENDA
Report from SAI Engineers on Hercules Mihelis, SAI
electric substation planning & Engineers, reviewed for
feasibility study Council the proposed first
phase for the replacement of
the substation at E. Gobbi to meet the City's near and long range power
requirements. He stated that the transmission line route has not been
determined; Orchard Avenue will be extended; and, the substation is
designed so as to accomodate future expansion.
Councilmember Feibusch asked if the annual increase in energy
consumption figure included the energy received from NCPA? Mr. Mihelis
stated it was taken into consideration.
Councilmember Feibusch referred to page IV-7 regarding reduction of
labor cost if work is performed by City forces and asked if Mr. Mihelis
was suggesting that the City should do its own engineering work? Mr.
Mihelis stated this referred to the City forces doing some of the work
in relation to landscaping, wiring and low voltage distribution.
Councilmember Snyder suggested that local service clubs would be willing
to offer their services.
M/S: Feibusch/Snyder to proceed with the project.
Motion carried by the following roll call vote: AYES: Riley, Feibusch,
Snyder, Myers, Hickey NOES: None ABSENT: None
WRITTEN COMMUNICATIONS
None
ORDINANCES & RESOLUTIONS
ORDINANCES & RESOLUTIONS
10) Resolution authorizing agreement Director of Public Works Kruth
with NCPA for continuation of stated the City has an
residential energy conservation agreement with NCPA under which
& insulation program grant funds from the California
Energy Commission were made
available to the City to conduct energy audits and energy saving work.
Originally, the work was started with our own sources but at tile
suggestion of Council, the City hired a person who is doing this and
staff is beginning to catch up. The new contract is an extension of the
program enabling the City to complete the auditing program. The other
part of the program provides for getting out additional information to
the public through the newsletter.
M/S: Myers/Riley to approve Resolution No. 81-56 authorizing execution
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312
of an agreement with the Northern California Power Agency for continuation
of a residential energy conservation and insulation program.
Councilmember Feibusch felt Council should look at the accomplishment
of the program first before action is taken. He further, stated that
he was advised by the Finance Director that only one had availed themself
of the low interest loans. He stated he has serious doubts about
continuing the program.
Councilmember Snyder stated she originally was opposed to this particular
grant program; as PG&E offers the same service, this is a duplication
of services; people are not availing themselves of the loans and felt
under the new contract, the City would have to add personnel and for
this reason is not in favor of the contract.
MaYor Hickey stated it was his understanding that PG&E will audit homes
with gas within the City limits but not all electrical homes within
the City limits.
Roland Pringle, PG&E, stated that initially PG&E had offered to audit
all homes but over a period of time, the procedure had changed.
Councilmember Myers gave his experience with having his home audited
and was of the opinion it was an outstanding audit. He felt the program
is very beneficial and should be extended.
Mayor Hickey asked Mr. Pringle how many people had availed themselves
of the services offered by PG&E after the audit? Mr. Pringle stated he
could not state an exact amount but the number is substantial and
considered to be worthwhile and beneficial to those participating.
Motion carried by the following roll call vote' AYES- Riley, Myers,
Hickey NOES' Feibusch, Snyder ABSENT' None
RECESS' 8'15 P.M.
CERTIFICATES OF APPRECIATION
Dave Eby, Scouting Coordinator from the Kiwanis presented to
Council certificates of appreciation from Sonoma-Mendocino Council,
Yokayo District and thanked Council for their time spent with each Scout.
ORDINANCES & RESOLUTIONS
ORDINANCES & RESOLUTIONS
Il) Introduction of ordinance
authorizing NCPA to issue
revenue notes
M/S' Snyder/Riley to introduce
Ordinance No. 757 by title
only. Unanimously carried.
M/S' Snyder/Riley to introduce Ordinance No. 757 authorizing the Northern
California Power Agency to issue revenue notes.
Councilmember Feibusch asked if this is in lieu of revenue bonds? City
Attorney Orchard stated the purpose of this is to add additional
methods of financing on a short term basis while the bond market
steadies itself.
Motion carried by the following roll call vote' AYES' Riley, Snyder,
Myers, Hickey NOES- Feibusch ABSENT' None
CITY ATTORNEY REPORTS
12) Resolution approving Council
Chambers lease
CITY ATTORNEY REPORTS
M/S' Snyder/Riley to approve
Resolution No. 81-57 approving
Council Chambers lease.
Motion carried by the following roll call vote' AYES' Riley, Feibu.sch,
Snyder, Myers, Hickey NOES' None ABSENT' None
't .
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313
12a) Report on proposal from Bruce
Smitham for lease of land at
Airport
City Attorney Orchard requested
that matter be continued so that
FAA language requirements can be
determined. No action was taken
by Council.
CITY MANAGER REPORTS
CITY MANAGER REPORTS
13) Dial-A-Ride status report M/S: Riley/Snyder to direct
staff to schedule a public
hearing for the purpose of
increasing fares and to establish short and long term goals.
Motion carried by the following roll call vote: AYES: Riley, Feibusch,
Snyder, Myers, Hickey NOES: None ABSENT: None
14) Proposed taxicab operation Interim City Manager Cash
stated it was his opinion
that the use of the permit system which currently exists would give the
Council all the control it may need. He felt the existing code does
need review and revision, particularly the portion pertaining to
insurance coverage. He also felt the Council should consider the
physical condition of the vehicles to be used; provision for backup
cabs and drivers; acceptability of operators and drivers determined by
background check and periodic checks for full compliance with City
requirements.
City Attorney Orchard was of the opinion that a permit would give the
Council better control of the taxi cab service.
Interim City Manager Cash stated that he has asked the Police Department
to make contacts and report back prior to Council action regarding
problems with taxi operations in other cities. He suggested that
Council go from this point to revision of the ordinance and completion
of the required checking.
Councilmember Snyder felt there was no need to update the ordinance
until it was determined there was a need for taxi service.
M/S: Riley/Myers to direct staff to prepare a revision of the code
as recommended in the City Attorney's and City Manager's report to
the Council.
Motion carried by the following roll call vote: AYES: Riley, Feibusch,
Myers, Hickey NOES: Snyder ABSENT: None
15) Proposed financing for Lake Interim City Manager Cash
Mendocino generating facilities reported he has received
information indicating the City
may be eligible for Farmers Home Administration 5% loan totaling up to
12.3 million dollars for construction of generating facilities at Lake
Mendocino. He recommended that Council select a financial consulting
firm for the project in advance of filing.
M/S: Snyder/Riley to proceed with selection of a financial consulting
firm and authorize staff to select two or three proposals from
different consulting firms to get the project off the ground.
Motion carried by the followino roll call vote: AYES: Riley, Feibusch,
Snyder, Myers, Hickey NOES: None ABSENT: None
16) Award of bid for furnishing
aluminum bleachers for Ukiah High
School Community Park Project
Councilmember Myers stated
he would abstain from the
discussion and vote.
M/S: Riley/Snyder to award the contract for twenty bleacher seating
units for Ukiah High School Community Park Project to General Seating
Company.in the amount of $7,663.80.
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Page 6
Motion carried by the following roll call vote: AYES: Riley, Feibusch,
Snyder, Hickey NOES: None ABSENT: None ABSTAIN: Myers
17) Approval to call for bids on Director of Public Works Kruth
installatiOn of conduit and stated plans and specifications
vaults, School Street underground for installation of the conduits
and vaults for the School Street
underground from Clay to Henry are complete and ready for bid call. It
is expected that the contract will be approximately $260,000, half of
which will be borne by the other utilities. Financing for approximately
half of the project was budgeted for the 1980-81 year with the remaining
costs to be budgeted from 1981-82. Not included in the contract is
replacement of concrete. It was felt better prices could be obtained
by bidding the concrete separately and a separate contract offers the
City the opportunity to do other work in the downtown area.
M/S: Feibusch/Riley to instruct the Public Works Department to call
for bids on the undergrounding of School Street.
Motion carried by the following roll call vote: AYES: Riley, Feibusch,
Snyder, Myers, Hickey NOES: None ABSENT: None
CITY COUNCIL REPORTS
CITY COUNCIL REPORTS
Councilmember Riley thanked Scout Greg Hamilton for being with her
during the meeting. Requested that off shore drilling be agendaed for
discussion. Asked the current status on CRIS and Planning Director
stated that a meeting on CRIS was scheduled for February 23, 1981 at
3P.M.
Councilmember Snyder referred to a articles in Public Power Weekly dealing
with lime loss and PCB incinerator, which she gave to Interim City
Manager.
Councilmember Myers hoped that all types of information could be contained
in the newsletter such as conservation of energy, life line rates and
peak demands.
He felt the trash containers downtown were very attractive addition to
the downtown area.
Mayor Hickey stated on January 28, Councilmember Feibusch and he went
to a meeti.ng of Mendocino County Property Owners Association and met
with Doug Bosco, who has sent him'a reprint from New West Magazine
regarding the Peripheral Canal. He requested that copies be distributed
to counci lmembers.
COMMENTS FROM AUDIENCE
None
EXECUTIVE SESSION (PERSONNEL, LITIGATION)
Session at 9:30 P.M.
The meeting was adjourned to
Personnel and Litigation
RECONVENED
Council reconvened in open session and took the following action on
Agenda Item No. 1, Payroll Warrants.
M/S: Feibusch/Snyder to approve Payroll Warrants, #13196-13359 in the
amount of $105,312.49.
Motion carried by the following roll call vote: AYES: Riley, Feibusch,
Snyder, Myers, Hickey NOES: None ABSENT: None
ADJOURNMENT - lO:lO P.M.
MARY MELVIN
Deputy City Clerk
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