HomeMy WebLinkAboutmin 1976-09-15 164
MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAlf
Sr'll-TI MBER 15, 1976 - PAGE 1
The City Council convened in regular session at 8 : 00 p.m. with
Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson and
Mayor Wood present.
INVOCATION & PLEDGE OF ALLEGIANCE
Councilman Simpson gave the invocation and Councilwoman Pearson _
led in the Pledge of Allegiance.
PAYROLL WARRANTS
On a motion by Councilman Simpson, seconded by Councilman Feibusch
it was carried by the following roll call vote Payroll Warrants
in the amount of $74, 115 . 25 be approved.
AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson
and Mayor Wood
NOES: None
ABSENT: None
GENERAL WARRANTS
Councilwoman Pearson made a motion, seconded by Councilman Brannon
to approve General Warrants #4284 . to #4408 inclusive in the total
amount of $329, 652 . 58.
Councilman Feibusch stated that the City treats its department
heads well. He referred to the propriety of the wages of the newly
hired Planning Director. At this point Mayor Wood ruled Councilman
Feibusch out of order on the basis that his statements were abusive
to department heads.
Councilman Feibusch made a motion to disallow the moving expenses
in the amount of $2202. 87 to Mendocino -Van and Storage for Mike Harr:
The motion died for lack of a second.
The following roll call vote resulted in approval of General Warrants
AYES: Councilmen Brannon, Simpson, Councilwoman Pearson, Mayor Wood.
NOES : Councilman Feibusch
ABSENT: None
APPROVAL OF MINUTES
On a motion by Councilwoman Pearson, seconded by Councilman Simpson
it was unanimously carried to approve the Minutes of August 18 , 1976
as submitted by the Clerk.
On a motion by Councilman Simpson, seconded by Councilman Brannon
it was unanimously carried to approve the Minutes of September 1 ,
1976, as corrected.
Clerk
Councilman Feibusch and Mayor Wood complimented the/on the preparation
of the Minutes of the September lst meeting.
PROCLAMATIONS - FIRE PREVENTION,
UNITED WAY, & HUNTING & FISHING
Mayor Wood reviewed subject Proclamations and made the following
declarations :
The week beginning Sunday, October 3, 1976 to be Fire Prevention Wee _
The week of. September 19 -- 25, 1976, as United Way Week
Saturday, September 25, 1976, as Hunting and Fishing Day.
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MINUTES OF THE MEETINri OF THE CITY COUNCIL OF THE CITY OF UYIAIF
SF�PTFF:MI3L:R 15 , 19-76 - PAGI.' 2
RESOLUTION NO. 76-29 ADOPTING ELECTRIC RATES
On a motion by Councilman Feibusch, seconded by Councilman Brannon
T-
it was cirri"ed by the following roll call vote to adopt Resolution
No. 76-29 and the Mayor and Clerk be authorized to sign same,
"Resolution Of The City Council Of The City Of Ukiah Adopting,
Rates For Electric Service" .
AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson
Mayor Wood
NOES: None
ABSENT: None
RESOLUTION NO. 76-30 ADOPTING
CONFLICT OF INTEREST CODE
On a motion by Councilman Simpson, seconded by Councilv,oman Pearson
it was carried by the following roll call vote to adopt Resolution
No. 76-30 and the Mayor and Clerk be authorized to sign same,
"Resolution Of The City Council Of The City Of Ukiah Adopting, A
Conflict Of Interest Code Applicable To The Members Of The C_ty
Council Pursuant To The Political Reform Act of 1974" .
AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson,
Mayor Wood.
NOES : None
ABSENT: None
RESOLUTION NO. 76-31 ADDING
APPRENTICE FIREFIGHTER
Mayor Wood made a motion, seconded by Councilman Simpson to adopt
Resolution No. 76-31, "A Resolution Of The City Council Of T'--,e City
Of Ukiah Amending The Classification Plan To Add. The Classification
Of Apprentice Firefighter" .
The request is to recruit two employees under the CETA Progr-.m and
assign each to the Apprentice Firefighter classification.
Mayor Wood asked if this would create a permanent position w--en
the CETA money runs out. City Manager stated it would not. The
employee would be assigned to a training program for the first 18
months . City Manager stated this is a method of recruitment for
the Fire Department and is consistent with the affirmative action
plan.
Resolution No. 76-31 was adopted by the following roll call rote:
AYES : Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson,
Mayor Wood.
NOES: None
ABSENT: None
APPROVAL OF MTA TAXI AGREEMENT
Councilman Simpson made a motion, seconded by Councilman Brannon
to approve the amended contract, "Taxi System Management Agreement"
City Attorney noted the changes requested by MTA as set forth in
his memo dated September 8 , 1976 . . He stated there were no substantial
legal alterations made. The City Attorney answered Councilm=en
Brannon' s question regarding hold harmless on Page 4 , Lines 4-7
of subject agreement.
The motion to approve subject agreement carried unanimously.
'166
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MINUTES OI' TIIE MEETING OF TI-iI, CITY COUNCIL OF THE CITY OF UKIAII
SEPTEJMBE R 15, 1976 -- PAGE 3
APPROVAL OF LAND LEASE OF AIRPORT
PROPERTY BY VAS-KING CORPORATION
Subject matter was brought back to Council for consideration as
directed at the September 1st meeting. City Attorney noted the
purpose clause had been changed to compatible uses at the airport
and stated this is a policy consideration for the Council to make.
Mayor Wood made a motion, seconded by Councilman Brannon to approve
"Land Lease Agreement, Airport Property: Vas-King Corporation" .
Councilman Feibusch asked the City Attorney what the City ' s obliga-
tion is, if 30 to 40 years from now, the City moves the airport and
we have a lease with the Savings Bank. The City Attorney stated the
City has made no guarantee that the airport will remain. In the
event this does happen, the restaurant would still be able to operate
under its lease. During the lease term the provisions depend on how
the airport is moved. The point was raised that a potential situation
exists that it could be condemmed. Councilman Feibusch stated that
the City is entering into a 50 year agreement and it is possible that
an Industrial Park could be developed there. In this case he wondered
what the City ' s liability would be. The City Attorney referred to
Page 2, Paragraph 8 to- clarify this point.
The motion to approve the land lease agreement with Vas-King Corpora-
tion was approved by a 4 to 1 vote. Councilman Feibusch opposed.
DETERMINATION MADE FOR PUBLIC
WORKS EMPLOYMENT ACT PROJECTS
City Manager stated that since it has been learned that two of the
projects initially discussed for subject funds may have problems
in meeting approval, it was determined to move into the capital
improvement plan to set additional priorities . The following pro-
jects and comments were made for Council consideration:
1) Two fire stations - The Ukiah Fire Protection District has
unanimously approved the proposed sites for the fire stations.
Unanimous approval has also come from the Airport Commission for
approval of the proposed headquarters fire station on airport prop-
erty. Mayor Wood stated it would be well to have the Fire District
contribute risk capital for the fire stations .
2) Child Development Center - The firm of Felciano and Jeffries ,
Santa Rosa, has been consulted for work on this facility as well as
the fire stations.
The City Manager stressed the importance of timing on submitting
these applications for funding. Mr. Jeffries was present in the
audience, made introductory comments about his firm, and stressed
the time and task constraints involved in getting the applications
in on time. It was pointed out that the decision for approval of
applications is dependent on the number of jobs that wou_td be created
for the number of dollars .
It was pointed out that the CDC did not have the $5000 needed for
front end costs and determination needs to be made whether or not
the City will put up this amount. Buzz Hamburg, representing CDC,
stated the Center does have resources to get the application together
and they are willing to go ahead on that basis .
3) Gibson Creek Drainage - Council determined it to be advisable to
go ahead with the plans to file for subject funding.
4) Reconstruction of Corporation Yard - Services of Architect Bob
Axt has been requested for work on the corporation yard improvements.
Cost of the preliminary work is estimated to be $4500. This cost -
would be a risk if the application is not approved.
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MINUTES OF THE MEETIN(a OF THE CITY COUNCIL OF THE CITY OF UKIAIi
SEI1"TI�1MI3ER 15f 1976 - PAGE 4
5) Cultural Center_ and Museum at the Carpenter property - It is
proposed that Dr. Perri take the responsibility for preparation of the
application at no cost to the City. If the project is funded he
would take a leave of: absence from Sonoma State to become the Director
for subject project and would at that time receive compensation for
his work.
6) Joint project with County to improve traffic circulation in the
KUKI Road area.
7) County Administrator has indicated the- Board of Supervisors is
interested in construction of a park at the old sewer plant property.
The proposal is for the County to prepare the application and the
City to assume maintenance.
City Manager stated that in order to get the CDC application underway
it would be necessary to enter into an agreement with the Center in
the amount of $1000, enter into a lease with the School District for
Yokayo School site property, and enter into an agreement with the
architects.
Councilman Brannon made a motion, seconded by Councilman Simpson to
proceed with the Child Development Center application on the basis of
the City Manager ' s recommendation with a contribution of $1000.
Mayor Wood stated his objection to putting City money in the Center;
however, he had no objection to technical support.
Mayor Wood interjected the thought of whether or not we would compete
with ourselves by submitting all eight projects . Councilman Simpson
stated his past dealings with grant applications is that the greater
the request the greater opportunity in getting approval .
The motion carried unanimously.
On a motion by Mayor Wood, seconded by Councilman Simpson it was
unanimously carried to commit $4500 in securing back up work from
Architect Bob Axt for the Corporation Yard application under the
Public Works Act application.
Fire House No 1 and No. 2. - There appeared to be no problem in filing
application for Fire Station No. l at the airport since the City owns
the property. However, there is a potential problem with Fire
Station No. 2 proposed to be located on Ford Road since an EIR would
be required in the process of purchasing the property. Mayor Wood
and Councilman Feibusch were of the opinion proposed Fire Station
No. 2 should not be considered for 2 reasons - excessive price and
proposed location.
On a motion by Councilman Feibusch, seconded by Councilman Simpson it
was unanimously carried to approve application for Fire Station No. 1
at the airport under the Public Works Act application with a capital
outlay of $9500.
The Council then moved into the discussion of Dr. Perri ' s proposal for
the muswum project on the Carpenter property. Council raised questions
as to what his work would consist of and what the front end costs would
be.
On a motion by Councilman Brannon, seconded by Councilwoman Pearson
it was unanimously carried to table the :natter until a presentation
could be made by Dr. Perri at the next meeting.
The proposal by the County for a park on the old sewage plant property
was discussed. There was little enthusiasm expressed for the project
based on the potential flooding problem there and the potential
maintenance expense. Councilman Simpson also pointed out that the
proposed Nokomis School park was turned down because the Council at that
time felt the city could not pay for its maintenance.
168
MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAfi
SEPTEMBER 15, 1.976 - PAGI' 5
On a motion by Councilman Feibusch, seconded by Councilwoman Pearson
it was unanimously carried to decline participation with the County
for submitting an application for funds for a park to be located
on Gobbi at the old sewage disposal site.
On a motion by Councilman Simpson, seconded by Councilwoman Pearson
it was unanimously carried to proceed with the drainage project of
Gibson Creek with Public Works Act funds.
In the discussion of the traffic problem on KUKI Road, it was reporte-r
construction of the extension of Despina is scheduled by the County
next spring and traffic signals are going in the area of KUKI road
which should alleviate this problem. This appears to be a high risk
venture.
On a motion by Mayor Wood, seconded by Councilman Feibusch it was
unanimously .carried to decline to submit an application for work;
on KUKI Road.
On a motion by Councilman Simpson, seconded by Councilwoman Pearson
it was unanimously carried to authorize execution of agreements
with Felciano/Jeffries and Kappeler/Axt as discussed earlier in the
meeting.
On a motion by Councilman Simpson, seconded by Councilman Feibusch
it was unanimously carried to amend the motion to proceed with the
CDC application to the extent that said approval is dependent upon
receipt of $1000 from the Center.
MAYOR WOOD DECLARED A RECESS AT THIS TIME - 10 : 18 P .M.
CHANGE OF PROCEDURE ON BUDGET ADJUSTMENTS
City Manager reported subject proposal would require formal transfer
of funds in a surplus account to a deficit account. Utilizing
this procedure would give a more precise picture with respect to
the budget at any given time. It was recommended that the Council
delegate to the City Manager the ability to authorize transfers
within department budgets and require Council approval when funds are
being transferred from one department to another.
On a motion by Councilman Feibusch, seconded by Councilman Simpson
it was unanimously carried to accept the City Manager ' s recommendaticn
in adopting budget adjustment procedure and adopt the use of the
Budget Transfer Authorization form.
AWARD OF BID FOR PRIMARY CABLE
TERMINATORS TO G. E. SUPPLY CO.
City Manager reviewed subject bids as follows :
Indu.stria.l Electric G. E. Supply Company Graybar Westinghcse
$10, 167 . 61 $9 , 729. 84 $9 , 749 . 71 $10, 307 . 00
Less 1% discount 97 . 30
for all items -
$9 , 632. 54
Maydwell & Hartzell -- Bid not acceptable -- Partial only.
Amfac Electric Supply -- Bid not acceptable, cannot identify items,
Bial is partial
Wrathall & Krusi - No bid
G. E. Supply -- Submitted alternate bid, not acceptable, cannot identify
items and is only partial bid.
Tax not included in tabulation
169
MTNUi'ES OF TILL MEETING OF THE CITY COUNCIL OF TIIEJ CITY OF UKIAII
SEPTEMBER 15, 1976 - PAGE 6
On a motion by Councilwoman Pearson, seconded by Councilman Feibusch
it was unanimously carried to award the bid for primary cable termi-
nators to G. E. Supply Company in the total amount of $9 , 632 . 54 .
CONSIDERATION OF AGRICULTURAL CRITICAL ZONE
Council had directed staff_ to prepare alternatives relative to land
uses in proximity to active agricultural operations . The proposal
believed to have the most direct application and provide the most
control for the City is a "Critical Agricultural" (C .A. ) Combining
Zoning District. Such a district could be directly applied to land
currently within existing City boundaries and also utilized in any
pre-zone/annexation proposal that the City would consider. The pro-
posed Combining District would require the issuance of a Use Permit
for any development within the subject area. A map illustrating the
areas proposed for application of this Combining District was reviewed.
The extent of this zone within the City would be minimal; however, the
fringe areas surrounding the city limits would be directly involved .
On 'a motion by Councilwoman Pearson, seconded by Mayor Wood it was
unanimously carried to direct staff to prepare specific ordinance
terminology for a proposed agricultural critical zone.
COUNCILMAN FEIBUSCH
Undergrounding of School Street - Councilman Feibusch asked the City
Manager to delete his request for information on undergrounding School
Street in view of the fact that the City Manager has been directed to
solicit appraisals of the electric system. Councilman Feibusch asked
the status of the appraisals . City Engineer stated the project is being
worked on.
Non-conformance with Personnel Policies - Councilman Feibusch referred
to a ruling he requested of the City Attorney regarding subject matter,
and asked if Council received copies . Council acknowledged receipt
of subject ruling. Councilman Feibusch requested that a copy of the
City Attorney' s ruling be entered in the record, a copy of which is set
forth below:
M E M O K A N ;) U M
DATE: September 8 , 1976
TO: Cite Council
FROM: Randall A. Hays , City Attorney
SUBJECT: INTERPRETATION OF CHAPTER IV,. SECTION 3a. 1
Councilman Feibusch has requested that the above stated portion
of the Personnel Policies of the City of. Ukiah be interpretecl
by this office. The reason for this request is due to the hiring
of Mr. Mike Harris as Planning Director at Step E in Ranc.ie 44 . 5
of the City ' s pay plan.
The portion of the Personnel Policies under scrutiny reads as
follows :
"Step A This step is the norm,-il beginning salary for a
liew employee: In cases where recruitment }problems occur
or an E?ll ployce possess( � unusual qualifications file City
M.znager is authorized to employ at Step B or Step C . "
The Personnel Poli.ciCS were adopted first by the City C'oL3nci.t oil
October 17 , 1956 . The ailthor:i.ty for thC..l.l" ��clal�t_i.on is Orc: c��
No. 508 , an i.ni.ti.Zitive ol:-clinance pi.lsgyred by the voters oi' tile.
City of Ukiah in 1.956 . '1 he first et of. l'c'r onii ,]_ I'ol .�c:i.e
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MINUTE'S OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAIi
SEPTEMJ3ER 15, 1976 - PAGE 7
adopted apparently existed unchanged until I:'ebr_uary 1968 . The
section in the original policies which is comparable to the
section in question read as follows :
"The beginning rate of compensation in cases of
original appointment to a position shall. be at Step "A"
providing , however, that the beginning rate of com-
pensation may be fixed by the Appointinq officer , with
the approval of the Council , at any -one of the estab-,
lished salary steps if lie finds that such person is
reasonabily entitled, because of his experience and
ability, to a rate above the minimum, or that it is
impracticable to obtain qualified appointees for such
position at the established minimum rate. "
Pursuant to Section 109 of the Ukiah Municipal Code, the City
Manager_ is . the Appointing Officer .
An ana lysis of the sections shows two things . First, the
section which was adopted by the Council in 1968 gave more
latitude to the City Manager in his capacity as Appointing
Officer. Prior to that adoption the City Manager had no
authority to hire on his own , any employee above Ster) "A"
of a salary range. Since the adoption of the revised
Personnel Policies in 1963 the City 1-lanager_ can hire at Steps
"A"I "B" , or "_C" without Council concurrence. The second
item which becomes apparent is that the two sections involved
constitute a limitation on the authority of the Appointinc,
Officer and not on the City Council . V7hile not stated , it
is certainly implied that if it is desirous to hire someone
at Step "D" or "E" this can be done with Council approval .
It was evident from the discussion at the Council meeting of
September 1, 1976 , that the City Manager contacted all Council
members , except Councilman Simpson as he w,-ts on vacation,
requesting permission to hire Mr. alike Barris at the top step
of Range 44 . 5 . It was also apparent that this permission
was given by a majority if not all of the Councilmembers
contacted.
It is therefore the opinion of this office that Mr . Harris
was properly hired at Range 44 . 5 , Step E and that no violation
of the Personnel Policies has taken place.
rzai�nda11 A hays
RAII:ht
COUNCILMAN BRANNON
Redwood Empire Workers Compensation Insurance Meetinq - Councilman
Brannon reported he will not be able to attend su sect meeting tomorro�.
A delegate from the City will attend. Iie reported a total of $900
expenditure has been made to date on claims . The fund has an excellent
reserve position.
COUNCILMAN SIMPSON
Setting Amount of Moving Expenses - Councilman Simpson stated that
sometime in the future the Council should reconsider setting amounts
for moving expenses.
171
MINUTES OF TILE MEETING OF THE CITY COUNCIL OF TIIE CITY OF UKIAH
SEPTEMBER 15o, 1976 - PAGE 8
Plans for Overlay in the El-m Street Area - Councilman Sim- son asked
when sub- e'- ct plans will take place and was advised specifications
are being prepared and could be ready for Council consideration within
the next couple of weeks .
COUNCILWOMAN PEARSON
Request for Review of Establishment of Budget Committee - Councilwoman
Pearson made a motion, seconded by Councilman Simpson to place on the
agenda a review of the establishment of the Budget Committee.
Mayor Wood called the Council ' s attention to the fact that ite:-_s
were being added to the agenda on a regular basis . This proceJure
does not allow sufficient notice to the public and is in violation
of the procedure for conducting Council meetings which has bee-n adopt-ed
by the Council. As a matter of principle, this could be ruled out of
order for subject abuse.
Councilwoman Pearson stated, in her opinion, the budget sets t'--ie
ground rules for the Council to follow and any discussion of t^e
budget should be done by the five members elected by the neopl -
not by two members . She suggested that quarterly meetings be :.eld.
Councilman Brannon indicated his approval of the statements made by
Councilwoman Pearson and added that in his opinion all items s-:ould
come before the Council for review. There is a danger in working on
budget items;that undue pressures could be exerted.
he concurred with
Councilman Simpson indicated that/Councilman Brannon ' s stateme:-:ts
and stressed the importance of the fact that the budget sets tie pokey
for the direction the City will go.
Mayor Wood stated at the Council meetings the Council members :;alk
a, tight line trying to maintain balance. In his opinion staff has
to be protected at all costs for its independence. Otherwise .:e
have "yes" men wor,tno more than minimum wage. He indicated ~:is
` concern about ar his views as a Council member on to staff .
He stated the Council is due for a work session on personnel revisions
within confines of obligations and to allow time to talk about the
budget committee. Councilman Simpson stated this is one reason he
does not attend Commission meetings . He does not want to influence
decisions . He stated further that it is easy to have pressure
exerted and in his opinion there is a danger in that direction.
Councilwoman Pearson withdrew her previous motion.
On a motion by Councilwoman Pearson, seconded by Councilman Simpson
it was carridd by the following roll call vote to disband the budget
committee previously established.
AYES : Councilmen Brannon, Simpson, Councilwoman Pearson
NOES: Councilman Feibusch and Mayor Wood
ABSENT: None
COUNCILWOMAN PEARSON RESIGNS
Mayor Wood acknowledged a communication from Councilwoman Pearson
annbuncirg her resignation from the Council effective Septembe 24th.
Councilwoman Pearson made the following statements to the Council :
"The Council and my many friends in and around Ukiah have been
aware for sometime that I have had to come to grips with electing
between two alternatives - to remain in Ukiah or to relocate to an
area closer to my Mother who needs now more than ever before, the
love and personal attention I can give her in her twilight years.
I have, due to the personal nature of this, elected the latter and
therefore tender my resignation from the Ukiah City Council effective
M.LNUTES OF 'PHE' MEETING OF TI3E CIr.VY COUNCIL OF THE CITY OF UKIAH
S"",I) EMBER 15, 1976 - PAGE 9
as of September 24 , 1976 .
One of the major tenents and the strength of our system is the
right of the people to choose who will represent them and I am
grateful for the honor and privilege to have participated in the
affairs of local government as a chosen representative of and by
the people. The Council is a policy making body, not an administra-
tive one.
Ukiah is high in my esteem and affection - it has been good to
Jack and me and we in turn have supported the community in many
ways which this Council and others have recognized and acknowledged.
As my last official act, in addition to my expressions just stated,
I encourage this body to keep the interest of the City foremost,
to stand firm in all matters, to be humble and patient but none
the less perseverant in the pursuit of all worthwhile goals and
objectives to provide services common to all citizens .
I wish you success and the blessings of God be upon you in all
your just endeavors. "
s/Lorraine C. Pearson
Mayor Wood requested an agenda item at the next meeting setting
forth the options the Council has and the procedure in the event
of an election.
Councilman Simpson suggested that a letter of appreciation be sent
to Councilwoman Pearson.
Jack Pearson expressed his thanks to the Council for its cooperation
with him on projects he has sponsored.
ADJOURNMENT
Mayor Wood adjourned the meeting at 11 : 17
Mayor
ATTEST:
City Clerk �L/