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Home My WebLink Aboutmin 12-03-80CITY COUNCIL MINUTES CITY COUNCIL CHAMBERS UKIAH, CA. 111 W. Church December 3, 1980 AGENDA ACTION TAKEN CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE CONSENT CALENDAR 6:31 P.M. Mayor Hickey presiding. Councilmembers present: Riley, Feibusch, Snyder, Myers, Hickey Staff present: Kruth, Orchard, Harris, Beard, Brosig, Roper, Tillotson, Melvin. Staff absent: Swayne City Clerk Councilmember Myers CONSENT CALENDAR Mayor Hickey requested that Items #7 and #8 be pulled. M/S: Feibusch/Riley to approve Items #1-6 and #9 on the Consent Calendar as follows: 1) Payroll Warrants, #12228-12387, $109,961.03 2) General Warrants, #16070-16137, $173,583.38 ~3) Minutes, regular meeting, 11/19/80 4) Minutes, special meeting, 11/24/80 5) Approved award of bid to Bell Industries for 4 fire hydrants #76 in the total amount of $2,312.00 and for 8 fire hydrants #75 in the total amount of $3,520.00 and to P.E. O'Hair Co. for 12 hydrant risers in the total amount of $443.29. 6) Approved request for budget transfer for feasibility study-Wetland-for treatment of secondary effluent and for aquaculture for $750.00 to Demgen Aquatic Biology. 9) Approved notice of completion-contract for construction of drainage facilities on Bush Street between Cypress Avenue and Orr Creek-Spec. No. 80-50 by Lin W. Ford, contractor. Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers~ Hickey NOES: None ABSENT: None · . 7) Award of bid for Mayor Hickey asked if mailing machine the mailing machine was really necessary? Acting City Manager Kruth stated that the present machine is worn out and must be replaced. M/S: Hickey/Snyder to award bid for mailing machine to Pitney Bowes in the amount of $3,901.0G plus sales tax, less $100 for trade in on City's 5600 mail machine. 272 Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None 8) Ukiah Men's Softball Association Lease Manager Kruth stated that they had. Mayor Hickey asked if PG&E has agreed to a quit claim? Acting City M/S: Hickey/Snyder to authorize the Mayor and City Clerk to execute an easement deed to PG&E for relocation of their existing facilities in exchange for relinquishment of existing easement by PG&E. PUBLIC HEARING PUBLIC HEARING 12) Zone change application Acting City Manager Kruth No. 81-20, Greg Beaver, stated that the Planning 485 Luce Avenue Commission on November 12, 1980 had approved subject zone change from R-l, Single Family, to P.D. Planned Develop- ment. A major factor in the approval appeared to be the ability to reduce costs, particularly land costs, in pro- viding another housing unit. He also noted that the additional unit on the lot would be consistent with the General Plan classification and meet R-1 densities, but a zone change would be required. Staff believes the zone change is appropriate and recommends approval by the City Council. PUBLIC HEARING OPENED John Kucz, 481 Luce Avenue, stated that placement of a house close to his backyard would locate three houses very close together and thereby decrease the value of his property. Access to the new dwelling would be on the existing unpaved driveway, would increase traffic and noise which would add to the detrimental effect this proposal would have on his property. He also expressed concern with the possibility of power lines interferring with trees he has planted. Burt Banzaff, 464 Luce, expressed concern for the increase in density and possible fire hazard. Glen Donalson, 463 Luce, felt that the subject lot was not of adequate size to accomodate two houses. PUBLIC HEARING CLOSED M/S: Feibusch/Snyder to approve zone change application No. 81-20 from R-l, Single Family Residential District, to P.D. Planned Development District to Greg Beaver, 485 Luce Avenue. The concerns expressed by the Council were that there would be problems, such as dust and noise, with the driveway serving two dwellings, the close lot lines, the poor plot plan, the fact that there is no hardship involved and the feeling that Planned Development zone should be used for larger parcels and not spot infill. Also, if applicant were to sell one of the units, it would require a lot split. Motion failed by the following roll call vote: AYES: None NOES: Riley, Feibusch, Snyder, Myers, Hickey ABSENT: None M/S: Hickey/Snyder to add 12A, Report on Personnel Session; 20A Report by City Attorney regarding McCutcheon; and 20B Purchase of police car, to the agenda. Unanimously carried. Reg.Mtg. 12/3/80 Page 2 fi73 12A) Report on Personnel M/S: Snyder/Riley that Session the City hire Lyell Cash as interim City Manager beginning January 19, 1981 and Mr. A1 Kruth to serve as City Manager pro tem beginning December 13, 1'980 and ending January 18, 1981. 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 13) Adoption of Ordinance No. 751 M/S: Riley/Myers to adopt Ordinance No. 751 by title only. Unanimously carried. M/S: Myers/Snyder to adopt Ordinance No. 751 amending certain sections of the Ukiah City Code (Sewer and water connection fees). Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None 14) Adoption of Ordinance No. 752 M/S: Snyder/Riley to adopt Ordinance No. 752 by title only. Unanimously carried. M/S: Snyder/Riley to adopt Ordinance No. 752 amending Section 1165 of the City of Ukiah Municipal Code relating to frequency of meetings of the Parking Advisory Commission. Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None 15) Adoption of Ordinance No. 753 M/S: Myers/Riley to adopt Ordinance No. 753 by title only. Unanimously carried. M/S: Snyder/Riley to adopt Ordinance No. 753 adding Article 16 to Division 8, Chapter .1 of the Ukiah Municipal Code (Blue Curb Ordinance). Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None 16) Adoption of Ordinance No. 754 M/S: Snyder/Riley to adopt Ordinance No. 754 by title only. Unanimously carried. M/S: Snyder/Riley to adopt Ordinance No. 754 amending Section 7212 of the City of Ukiah Municipal Code relating to time of operation of parking meters. Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None 17) Resolution adopting M/S: Snyder/Myers to addendum to May 7, 1979 adopt Resolution No. 81-37 memorandum of understanding adopting addendum to the (Fire Dept. Employees) May 7, 1979 memorandum of understanding. Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyd~r, Myers, Hickey NOES: None ABSENT: None 18) Resolution establishing vacation accrual for fire shift employees M/S: Snyder/Myers to adopt Resolution No. 81-38 establishing vacation Reg. Mtg. 12/3/80 Page 3 974 accrual for fire shift employees. Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None 19) Introduction of ordinance Acting City Manager Kruth regarding septage receiving recommended that subject regulations ordinance not be acted on but be reviewed by the Council and circulated to haulers for their comments. Councilmember Feibusch was of the opinion that the regulations contained in the proposed ordinance were too stringent, suggested that collection of charges be done at the sewer plant and not through the finance office and that a flat fee be charged based on 1,000 gallon capacity. He felt these changes should be incorporated into the ordinance before circulation. M/S: Snyder/Riley to circulate the proposed ordinance to haulers and other agencies that might have an interest for their comment, that staff review the ordinance and that subject matter be continued to Council's meeting of February 4, 1981. Unanimously carried. 20) Introduction of ordinance regarding revised sign ordinance review of subject ordinance. City Attorney Orchard requested that no action be taken by the Council pending his further M/S: Riley/Snyder to postpone Council action on proposed revised sign ordinance for City Attorney's report. Unanimously carried. RECESS: 7:30 P.M. - RECONVENE: 7:40.P.M. PUBLIC HEARING PUBLIC HEARING 10) Community Development PUBLIC HEARING OPENED: Block Grant Program Roy Tindle, Community Development Specialist, ga~e a report on Community Development Commission's activities and requested Council to authorize the Commission to make a preapplication for funds to provide housing for low and moderate income people. Duane Hill, Executive Director of Rural Communities Housing Development, asked that Council act quickly as notice of intent must be filed and a second public hearing is necessary before application can be made. PUBLIC HEARING CLOSED Councilmember Feibusch asked if the City must have property to put the houses on before application is made and if it must be within the City limits? Mr. Tindle stated that the property can be outside the corporate City limits and that it is preferred that a designation of a lot be made at the time of application. Councilmember Snyder asked if this is tied in with the Main Street relocation? Mr. Hill stated that if application is made and funding is granted, it would be tied in with the money the City put up as a result of the Main Street relocation. M/S: Snyder/Riley to authorize Community Development Commission to proceed with the preapplication for the grant program. Reg. Mtg. 12/3/80 Page 4: 275 Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, ttickey NOES: None ABSENT: None Council set. January 7, 1981 as the date for the second public hearing of subject matter. Mr. Tindle suggested that the Citizen Participation Plan be revised so that it might fully explain the process and stated he would do this. 11) Electric Rate Decrease decrease in the amount of 5%. PUBLIC HEARING OPENED: The proposal would result in an approximate overall Those that spoke in favor of the electric rate decrease were: Dave Bliss, 339 Mendocino Drive, was of the opinion the public hearing should be better noticed; the City should be lower than 2% under PG&E rates and an audit should be done to see if operation on less than 2% is feasible. He also felt that funds should not be taken from the electric fund and transferred to the general fund. Alice Allen, 665 Live Oak, asked that the rate decrease become effective immediately and that the lifeline allowance be increased. Betty Hein, 648 Orchard, stated the street light charge was very low for the protection given; transferring of electric funds was not a good policy and suggested that information be provided on each electric billing so that each customer will know how to cut back on their useage. Linda Foster, 840 East Gobbi, asked that the Council consider those customers that have forced air heating. PUBLIC HEARING CLOSED. M/S: Snyder/Riley to approve the negative declaration of environmental impact. Unanimously carried. M/S: Feibusch/Snyder to adopt Resolution No. 81-39 adopting electric rate schedule. The following points were made by Council: 1) From time to time, analyze the operating expenses and adjust the rates accordingly; 2) The proposed decrease will result in the City losing money on lifeline rates. The slack will be taken up by high users of electricity and commercial users; 3) 2% below PG&E is not a good policy; 4) Annual audit report is available to the public; 5) Reinstitute newsletter with the utility bills; 6) Re-examine policy of subsidizing the General Fund; and 7) Use excess funds for maintenance and to exploit energy saving techniques. Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None 20A) McCutcheon Property City Attorney Orchard s%ated that the McCutcheon's property is scheduled to be on the list for the airport clear zone project. Mr. McCutcheon has informed him that he has accepted a job in Oregon and because his property will be a part of this project, he can't sell the house and he Reg. Mtg. 12/3/80 Page 5 276 would like the City to purchase it as soon as possible. City Attorney recommended that an appraisal be made of the property. Acting City Manager Kruth stated'that the Council has on other occasions authorized an appraisal and negotiations even though the grant had not been received. M/S: Snyder/Riley to proceed with the appraisal of the McCutcheon property and direct staff to begin negotiations with the McCu~cheons. Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None 20B) Purchase of police vehicle M/S: Myers/Riley to approve the purchase of one 1980 Dodge St. Regis from the.California Highway Patrol in the amount of $7,091.40. Councilmember Feibusch requested that insurance coverage be checked. Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None CITY MANAGER REPORTS CITY MANAGER REPORTS 21) Proposed cooperative drainage Subject matter is continued improvement project-Cooper from the last meeting. Lane M/S: Feibusch/Myers to approve participation of the City by reimbursing material cost up to a maximum of $12,500 and with construction to be to approved plans and to the satisfaction of the City Engineer. Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None Mr. Busch stated, for Council's information, that he would be able to do the entire culvert for an additional cost of $42,500.00. It was determined that this matter will be considered at a subsequent time and that the adjacent property owners will be contacted to see if they would be willing to participate financially. 22) PCB Control Subject matter is continued from the last meeting. Councilmember Snyder reported that she had talked to Dr. Helene Haddock, Environmental Protection Agency in Washington, D.C., who stated, even if the PCB is stored by General Electric, the City is still responsible for leakage. She further stated that the safest place for the PCB was in the transformer itself and her recommendation is that the old transformer be pulled and replaced with a new transformer. Councilmember Feibusch asked where the old transformer would be stored? Councilmember Snyder stated that the City can store it for 30 days until General Electric can pick it up or the City can build a storage area for the trans- former and store it until 1984. Jim Smith, Maple Avenue, asked how much does it cost to purge the transformer? Acting City Manager stated that it could cost $16,000. Councilmember Snyder stated that she has talked to John Benson of PG&E who stated that if PG&E has a spare trans- former they would be willing to work with the City to expedite the matter. Reg. Mtg. 12/3/80 Page 6 277 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 Feibusch asked for a status report on the industrial park project. Planning Director Harris stated he had received the draft report from the consultants and staff is reviewing it. Annexation is on the LAFCO agenda for their next meeting. Councilmember Feibusch asked the status of the update on the CRIS Model. Planning Director Harris stated, at present, he is working on preparation of the General Plan for the Planning Commission and that the CRIS Model would be reviewed shortly. Councilmember Snyder thanked the Public Works Department for fixing the drainage channel at Bush and Cypress. Councilmember Myers reported on his attendance at the MCOG meeting and expressed his hope that the MTA presentation to the Council would be forthcoming. He als0 stated that MTA is the established transit operator and coordinator of al l public transit services in the County and shall evaluate applications for public transit funds. Councilmember Myers brought up the matter of emergency and weekend parking at the airport and the permit requirement. Acting City Manager also pointed out that part of the parking lot is under FFA lease and is not subject to our control. Councilmember Snyder stated that if it is an emergency, they could slip a note under the windshield. Mayor Hickey reminded COuncil of the Christmas tree lighting ceremony at 7:30 P.M., Friday, December 5, 1980. CITY ATTORNEY REPORTS CITY ATTORNEY REPORTS City Attorney Or6hard reported that the case of Dautrich v. Board of Administration of the Public Employees' Retirement System of the State of California, et al., brought in Los Angeles two years ago to which the citY'-of Ukiah was a defendant was declared moot by a recent decision of the Appellate Court. COMMENTS FROM AUDIENCE COMMENTS FROM AUDIENCE Mike Sequeira, 129 Park Place, asked what percentage of electricity bought by the City is sold to lifeline and what percentage is sold to commercial accounts. Maurice Roper, Electrical Distribution Engineer, referred to the current audit report to answer this question. ADJOURNMENT - 9:30 P.M. MARY MELVIN Deputy City .Clerk Reg. Mtg. 12/3/80 Page 7