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HomeMy WebLinkAboutmin 1976-09-01 157 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE .CITY OF UKIAH SEPTEMBER 1, 1976 - PAGE 1 The City Council convened in regular session at 8 : 01 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 Councilman Simpson mado:-a motion, seconded by Councilwoman Pearson to approve Payroll Warrants #7590 to #7736 inclusive in the amount of $72, 863. 99 for the period of August 8, 1976 to August 21, 19761 ' inclusive. Councilman Feibusch raised a question regarding the initial pay check for -the Planning Director. He stated he has computed it out and determined that the beginning salary is at the E Step. He referred to Page 11 of the Personnel Policies, Section 3a (1) Original Appointment - Rate of Compensation wherein it stated original appointments may be made at the B or C Step, if deemed necessary by the appointing officer. Councilman Feibusch amended the motion, seconded by Mayor Wood that the wages of the Planning Director be adjusted to Step C. Under the question the City Manager stated that during the job recruitment it was determined that the Planning Director would not accept the lower salary. . Calls were subsequently made to .Council to advise of this determination and to advise Council that the salmi ry would be offered at the top step. City Manager stated further that in his opinion the question at this time is poor timing. The matter should have been raised before the person was on the job. Councilman Feibusch asked for a ruling from the City Attorney regarding non-conformance of the Personnel Policies. The City Attorney stated that without more facts, he would not rule. Councilman Feibusch verified the City Manager ' s call stating -the City Manager did call to say the Planning Director was being hired at the highest step. He considered the highest step to be Step C as set forth in the Personnel Policies; not Step E. Councilman Simpson stated he understood the question and situation perfectly when explained by the City .Manager. Councilman Brannon stated he recalled the conversation, but did not recall the con- versation regarding the salary range. The following roll call vote resulted in defeat of the motion to adjust the Planning Director salary to Step C. - (amended motion) AYES: Councilman Feibusch NOES: Councilmen Brannon, Simpson, Councilwoman Pearson, Mayor Wood. ABSENT: None The following roll call vote resulted in approval of Payroll Warrants_ as originally considered. AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood. NOES: None ABSENT: None GENERAL WARRANTS Councilwoman Pearson made a motion, seconded by Councilman Feibusch to approve General Warrants #4233 to #4283 inclusive in the total amount of $38,336. 09. Councilman Feibusch referred to Warrant No. 4283 in the amount of $63. 39 which was reimbursement to an employee in the Public Works Department. He expressed his objection to the fact that the warrant had been released to the employee prior to Council approval and that Council was put in a position to have to approve checks already issued. City Manager stated there was no question about the re- MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH SEPTEMBER 1, 1976 - PAGE 2 imbursement and that the warrant was released because itawas thought to be appropriate. The Finance Director has been advised that re- lease of the check prior to Council consideration was not -appropriate. The following roll call vote resulted in approval of General Warrants : AYES: Councilmen Feibusch, Brannon, Simpson; -Couna31womaa Pearson, Mayor Wood. NOES: None ABSENT: None COUNCILMAN SIMPSON - PERSONNEL Councilman Simpson stated he did not like to get into the subject of hiring at regular Council meetings for protection of the City Mgr. & employee. He suggested that when an employee can not be hired in accordance with the rate structure, a special meeting should be called. City Manager stated in the future he will get such approval in writing. APPROVAL OF MINUTES Councilwoman Pearson made a motion, seconded by Councilman Simpson to approve the Minutes of the August 4th meeting as submitted by the Deputy Clerk. Councilman Simpson stated the minutes were substantially correct, but if possible, he would prefer receiving the Minutes earlier. Councilman Feibusch referred to Page 4 of subject minutes regard- ing Vas-King Corporation and asked if the amendment had been made -and if Council willget copies of the lease agreement before it is signed. It was determined that the statement made by Councilman Brannon regarding the Social Element needed to be clarified. Councilman Brannon wil MeAhe clarification to the Clerk. Councilman/hito the discussion regarding the dump g g p fee and stated it was not his recommendation to increase the fee, but to leave it at 75�. It was unanimously carried to approve the Minutes of August 4 , 1976, as corrected. PUBLIC HEARING - ELECTRIC RATE INCREASE The City Manager reported that the PUC 'has recently acted to adopt only a portion of PG&E' s rate increase request. The remaining portion of the increase is under consideration with hearings set in October. The rates which had previously been furnished Council and advertised as required by law were reviewed by the City Manager. Said rates include a 400 kwh "lifeline" rate for low use customers. It was pointed out that the proposed rates would be above those charged by PG&E at the present time but can be expected to be below those set by the PUC in their October hearings. If Council desires to stay below PG&E rates, then a rate different than that proposed would have to be considered. The lower rates would maintain the status quo but would not enable the City to restore its capital improvement funds. Mayor Wood made a motion, seconded by Councilwoman Pearson to adopt the originally proposed electric rate change on the basis of 400 kwh lifeline saving and direct the City Attorney to prepare a resolution reflecting these rates. Public hearing was opened at 8 : 37 p.m. There was no one- present in the audience to speak for or against the proposed revision of electric rates. Public hearing was closed at 8 : 38 p.m. Mayor Wood pointed out that he has advocated a reduction in rates for Senior Citizens. In his opinion this proposal goes further - everyone who conserves will get a break. Councilman Feibusch con- curred with the Mayor ' s position. Councilman Simpson pointed out that the heavier user is not benefited as much as the lifeline 9 159 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH SEPTEMBER 11 1976 - PAGE 3 customer. He also pointed out that the "all electric" homes will not realize a savings. The motion to prepare a resolution incorporating the lifeline rates carried unanimously. PUBLIC HEARING - APPEAL OF USE PERMIT NO. 76-64 ZACK'S PIZZA Councilman Feibusch disqualified himself at this point in the meet- ing due to a conflict of interest. Subject application filed by Mr. Leventis would allow development of a 22 space parking lot on a parcel located at 1295 Elm Street, zoned R-1. The Planning Commission approved the use permit to allow said construction. Subsequent to that action the Planning Commission received an appeal to its decision from Richard M. Holmes. Mr. Homes appeal is based on the allegation of his not being notified of the hearing,. lowering the value of his property, and a noise factor. A letter was received from Mr. Holmes this date stating that the property had been sold and that he would not appear at the hearing. Councilman Brannon made a motion, seconded by Councilman Simpson to uphold the decision of the Planning Commission and deny the appeal. Public hearing was opened at 8 : 46 p.m. Jack Hamson, attorney for applicant, spoke in favor of subject permit. He distributed a letter to Council which applicant received from Mr. Holmes. The letter referred to a potential sale and made a proposal to applicant whereby he would not appeal the permit if applicant would pay him the amount he had to reduce his property to make the sale. Mr. Andrew Bland was present in the audience and stated he pur- chased the property from Mr. Holmes. His interest was in getting a fence constructed for privacy to keep the noise and lights out. No one spoke against the subject matter. Public hearing was closed at 8: 50 p.ni. On a motion by Councilman Brannon- seconded by Councilman Simpson it was unanimously carried to amend the original motion to add a special condition to Use Permit No. 76-64 : (e) A solid shrub or view obstructing fence to be constructed to a 6 foot height on the north side of the parking lot property line. The motion to uphold the Planning Commission to deny the appeal unanimously carried. -Councilman Feibusch returned at 9: 00 p.m. GOLF COURSE FEES Recreation and Parks Commission had received a referral from Council regarding a proposed greens fee increase. The Commission recommended unanimously that the greens fees remain at the present rate for a period of 3 to 5 years. The Recreation and Parks Director concurred with this recommendation and pointed out that the deficit has been decreased substantially for the first time and it would for this reason seem reasonable to continue at the present rate for a period of time. Mayor Wood made a motion, seconded by Councilman Simpson to table the proposed rate increase until the 3rd anniversary of the adoption of the resolution which last increased the rates. It was pointed out that the deficit had been reduced to $1972. 59 in 1975/76 from $28, 995. 51 in 1974-75. Concern was expressed con- 160 4: MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH SEPTEMBER 11 1976 - PAGE 4 cerning the yearly rate. Council expressed appreciation for the materials and labor donated toward the improvement at the clubhouse. On that basis Council would not make an increase at this time but would look at the year round rate next summer.Councilman Feibusch asked for a specific date next summer. The date could be determined by checking the minutes when the rates were established. Councilman Brannon stated it would be in order to have County participation in operating the golf course - in his opinion the City is picking up the tab. Councilman Feibusch stated in his opinion it should be an enterprise and should not go to the County. It was unanimously carried to table the matter to the 3rd anniversary of- the establishment of the greens fees. LEAGUE VOTING REPRESENTATIVE On a motion by Councilwoman Pearson, seconded by Councilman Feibusch �t was unanimously carried to appoint Mayor Wood as the voting delegate at the League of California Cities Conference in San Diego in October and to appoint Councilman Simpson as the Alternate. INVENTORY EVALUATION OF CARPENTER-KENDRICK HOME City Manager stated Dr. David Perri, Department of Anthropology at Sonoma State proposes to conduct an inventory and evaluation of historical material at the Carpenter-Kendrick home. It was pointed out that the inventory was made initially, but it was very sketchy. City Manager recommended that Dr. Perri ' s proposal be accepted and make a budgetary amendment to allow the work to be done. Councilwoman Pearson made a motion, seconded by Councilman Feibusch to amend the budget to utilize the $10,000 bequest and the remainder of the cost of the proposal to come from the Special General Fund. Dr. Perri was present in the audience and urged the Council to act to do something about the materials in the house. The City has received a significant contribution to the local history by acquiring this property. It needs research and work to become an interpretive facility. The exhibition potential is important. The City has an unparrallel opportunity which rarely comes . The motion carried unanimously. RESOLUTION No. 77-26 APPROPRIATING $1, 000 FOR THE PURPOSE OF PARTICIPATING IN JOINT LIABILITY INSURANCE STUDY WITH REDWOOD EMPIRE WORKER' S COMPENSATION FUND On a motion by Councilman Simpson seconded by Councilwoman Pearson it was carried by the following roll call vote to adopt Resolution No. 77-26, "Resolution Of The City Council Of The City Of Ukiah Appropriating The Sum Of $1, 000 To Account No. 1-520-067 For The Purpose Of Participating In A Joint Liability Insurance Study With The Members Of The Redwood Empire Worker' s Compensation Fund" and the Mayor and Clerk be authorized to sign same. AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson Mayor Wood NOES: None ABSENT: None RESOLUTION NO. 77-27 ESTABLISHING FEES AT MUNICIPAL SOLID WASTE SITE On a motion by Councilman Feibusch, seconded by Councilman Brannon it was carried by the following roll call vote to adopt Resolution No. 77-27, "Resolution Of The City Council Of The City Of Ukiah Establishing Fees And Charges AT The Ukiah Municipal Solid Waste Site" and the Mayor and Clerk be authorized to sign same. AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson Mayor Wood NOES: None ABSENT: None 161 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH SEPTEMBER 1, 1976 - PAGE 5 CLAIM FOR DAMAGES - TWILA BASHFORD On a motion by Councilman Feibusch seconded by Councilman Simpson it was unanimously carried to deny the claim of Twila Bashford and refer same to the insurance carrier. CONSIDERATION OF FINANCIAL STATEMENT FILED BY VAS-KING Mayor Wood made a motion seconded by Councilman Brannon to approve the financial statement filed by Vas-King. Council consensus was that the financial statement was inadequate and did not represent a document where any decision could be made. It was suggested that the document be sent back and a request made to get a balanced financial statement. Mayor Wood expressed the thought that he was not as concerned about the financial statement since the City is getting a building plus a liquor license. In his opinion there is a need for this type of business in Ukiah. The thought was expressed that there is a need for evidence that the corporation has enough capital to build. The City Attorney requested Council pass on to the next order of business since Mr. Burton, the attorney who represents the corpora- tion," was present in the audience earlier and may be back and able to answer some of the questions raised. Subject matter was tabled to later in the meeting. REPORT OF MEETING REGARDING PUBLIC WORKS EMPLOYMENT ACT of 1976 City Manager gave Council an information report on the current information he has obtained concerning filing .applications under subject act. Applications will be available September 14th with 30 days to complete in order to qualify for funding. There will be . 289 million dollars allocated to California. Points for approval of applications are based on severity of unemployment in' the project area in the state, county or city. The city would be in a better position if the priority were based on county unemployment figures. A quick review of the application requirements indicate the possibility of the drainage projects not qualifying for funding. It was pointed out that in filing applications, to include all capital improvements. VAS-KING CONTINUED Mr. Burton was advised of the Council opinion of the inadequacy of the financial report. At this point Mr. Burton submitted a balanced financial statement. Mr. Burton stated there is no committment from the bank. He stated Council committment is requested by the bank and the bank has indicated it will not loan in the way the lease is now worded and requested Council direct the City Attorney to work with him in making the necessary changes for subsequent consideration by the Council. Council action is set forth in the following resolution. RESOLUTION NO. 77-28 AUTHORIZING EXECUTION OF LEASE FOR PROPERTY AT AIRPORT W/VAS-KING° On a motion by Mayor Wood, seconded by Councilman Brannon it was carried by the following roll call vote to adopt Resolution No. 77-28 and authorize the Mayor and Clerk to sign same, "A Resolution Of The City Council Of The City Of Ukiah Authorizing Execution Of A Lease Agreement For Property At The Ukiah Municipal Airport With Vas-King Corporation" , and the Mayor and Clerk be authorized to sign same. AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood NOES: None ABSENT: None MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH SEPTEMBER 1, 1976 - PAGE 6 COUNCILMAN FEIBUSCH-APPRAISAL OF ELECTRIC DISTRIBUTION SYSTEM Councilman Feibusch stated the budget committee met with City Manager and Finance Director and it was thought to be advisable to have a dollar appraisal of the City' s electric distribution system made and evaluation of the physical condition of the electric distribution system. City Manager stated it was a budget item several years ago but the report needs to be updated. Council determined that the City Manager would solicit bids for subject appraisals. Presentation - Councilman Feibusch stated he has completed 6 months on the Council and presented a gift requesting it be framed and hung over the Mayor' s chair. The words inscribed were, "Eternal Vigilence is the Price of Liberty" , John Philpot Curran, 1790. COUNCILMAN BRANNON-WORKER'S COMP FUND Councilman Brannon gave a report of* subject meeting he recently attended. COUNCILMAN SIMPSON-PARK PROBLEMS Councilman Simpson reported the dust problem has been taken care of on the east side of the park; now there is need to alleviate the problem on the south side of the park. He also reported a hole next to the concession stand at the ball park needs to be filled in and gravel needs to be put between the new concession stand and the building to take care of a potential problem. He raised a question as to when the old cement gazebo will be removed. COUNCILWOMAN PEARSON-COMPLIMENTS TO PARK CREW Councilwoman Pearson complimented the park crew on the fine main- .tenance the parks are getting. She suggested that the barbeque pits be moved so that the prevail- ing winds will not blow the smoke over the picnic tables. REQUEST FOR CETA SLOT FROM VOLUNTEER BUREAU Sharon Finnegan, from the Volunteer Bureau requested that 'the bureau be provided with one of the six remaining slots for CETA positions. She- reviewed the work of the Bureau stating that it is providing a good service and activating human resources in the community. On a motion by Councilman Simpson, seconded by Councilwoman Pearson it was unanimously carried that inasmuch as the six slots are already filled, in the event additional CETA funds are available, the first to be filled will be for the Volunteer Bureau. REQUEST FROM CHILD DEVELOPMENT CENTER Daniel Hamburg was present in the audience to ask Council to sponsor the center to fund a building project at the Yokayo School site through the Public Works Edmployment Act. He stated child care is a problem in Ukiah and listed the reasons why such an agency is important. When asked to define the meaning of support for the center it was explained this would mean the city would apply for financing after which an agreement would be worked out between the agencies. It was suggested that since - the project is proposed on school property why doesn't the school district enter into the picture. The cost of the building is estimated at $127, 000. 163 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH SEPTEMBER 1, 1976 - PAGE 7 On a motion by Councilman Brannon, seconded by Councilwoman Pearson it was unanimously carried to put the Child Development Center proposal on the agenda and refer to City Manager for proposal to be submitted at the next meeting. On a motion by Councilwoman Pearson, seconded by Councilman Brannon it was unanimously carried to include the Child Center proposal on the list of priorities in applying for funds through the Public Works Employment Act. INTEREST EXPRESSED IN PROPERTY EAST OF AIRPORT Mr. Mike Hunter expressed an interest in leasing city owned property east of the airport. Subject parcel is unimproved, with no utilities or sewer. The matter was brought before the Council at this time to determine whether or not there is sufficient Council interest to pursue the proposal. Mr. Hunter proposes to operate a business hauling chips and is in need of an area to store 10 vehicles, and to do some maintenance work. Councilman Feibusch made a motion, seconded by Councilman Brannon to approve subject proposal in principle. The motion carried unanimously. CITY CLERK The City Clerk referred to the comments Council has made over the past several months regarding the minutes and the irregularity with which they are being distributed to the Council . The following comments were made for information. of the Council. The City Clerk stated that 10 years ago there were two employees . in the City Manager ' s office. Today there are two employees in the City Manager' s office. These two employees do the work for 7 departments. The work has steadily increased in the past year. The City Clerk had been putting in overtime to keep the office work current and the minutes to the Council on time. The overtime was prohibited several months ago and it was at this time that the minutes were not completed and forwarded to the Council with the same degree of promptness as they had in the past. She stated it is difficult to complete work that requires any degree of concentration while the work of several departments is being conducted in one small room. Mayor Wood stated there were no complaints with the minutes. The important point is accuracy in actions of the Council. Councilman Feibusch responded to the Clerk's comments stating he understood the complaint. He had discussed the matter with the City Manager re(bently and it was Councilman Feibusch' s suggestion that the Clerk move to the Council Chambers to write the minutes. Councilman Simpson stated this would be an administrative problem for the City Manager to work out. City Manager stated he would be glad to discuss the performance of an employee with Council at any time it was requested. CARPENTER PROPERTY Marilyn Smith reported work has been done on the Carpenter property park and a group would be coming to the Council with a request in the near future. ADJOURNMENT The meeting was adjourned at 11: 00 P.M. Y�fr ATTEST: �fayor City Clerk