Loading...
HomeMy WebLinkAboutmin 1976-08-04 144 MINUTES OF TIIE MEETING OF THE CITY COUNCIL" OF THE CITY OF UKIAI-i AUGUST 4, 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. 0 INVOCATION & PLEDGE OF ALLEGIANCE - Councilman Simpson gave the invocation and Councilman Feibusch gave the pledge of allegiance. PAYROLL WARRANTS Councilman Simpson made a motion, seconded by Councilman Brannon to approve Payroll Warrants #7141 - #7278 and #7279 - #7430 in the total amount of $148, 044. 67. Councilman Feibusch asked why there was one person in the Electrical Deaprtment who has a large amount of overtime. He asked how one man can be on that much standby overtime. He felt he might be being com- pensated by overtime to get a higher wage. If the man is that valuable maybe he should receive a raise. The City Manager said he would like time to get detailed and correct answers to Councilman Feibusch ' s question and would submit a written reply. Payroll warrants were approved by the following roll call vote: _AYES: .Councilmen Feibusch, Brannon, Simps(.:)n, Councilwoman Pearson, Mayor Wood NOES: None ABSENT: None GENERAL WARRANTS Councilwoman Pearson made a motion, seconded by Councilman Simpson to approve the General Warrants #4036 to #4082 in the total amount of - - $36, 462. 06. Councilman Feibusch noted there were two payments for pre-employment physical examinations, a $40 examination -in Tustin, California and one $24 in Ukiah. He asked why the exams were not all done locally. The City Manager explained that it is less expensive to have a pros- pective employee examined in his own town than to pay travel costs . Councilman Feibusch asked what kind of lease agreement does the City have for an overhead crossing with Northwestern Pacific. Mr. Kruth answered that the City has three easements on Northwestern Pacific ' s property and rental agreements with them. General Warrants were approved by the following roll call vote: AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood. NOES: None absent: None APPROVAL OF MINUTES Councilman Brannon made a motion, seconded by Councilman Feibusch to approve the minutes of the meeting of July 7, 1976. Councilman Feibusch requested on Page 1, a change to read $10. 50 per hour instead of $10. 00 for lock installation; on Page 3 , to change to proposed annexation discussion to read . . . "they should be paid for services, " instead of "was" , on Page 5, regarding Resolution Nos : 77-6 and 77-7 to read "should be an across the board cost of living increase" . The motion was unanimously carried. 145 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 4 , 1976 - PAGE 2 AIRPORT COMMISSION RECOMMENDATION FOR INSTALLATION OF DRAINAGE FACILITIES Mayor Wood asked Mr. Kruth if there was a practical solution to this problem of fencing the channel. Mr. Kruth answered that there were two possibilities: 1) Build around the channel and 2) the pipe solution. Councilman Feibusch made a motion, seconded by Councilwoman Pearson to refer to City Manager to explore possible funding . The motion carried unanimously. UKIAH VALLEY FIRE PROTECTION DISTRICT ANNEXATION OF ROLLING OAKES ESTATES Councilman Simpson made a motion, seconded by Councilman Feibusch to approve the annexation of Rolling Oakes into the Ukiah Valley Fire Protection District. The motion was unanimously. carried. ORDINANCE NO. 688 LIMITING JET 4 AIRCRAFT DEPARTURE FROM AIRPORT Councilwoman Pearson made a motion to read the ordinance by title only and use the shortform procedure, which was seconded by Councilman Simpson, The motion was carried unanimously. On a motion by Councilwoman Pearson seconded' by Councilman Feibusch it was carried by a roll call vote to adopt Ordinance No. 688, Limiting Jet Aircraft Departures from Municipal Airport. The motion carried by the following roll call vote: AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood. NOES: None ABSENT: None ORDINANCE NO. 687 PREZONING PROPERTY REQUESTED BY DENNY & GIANOLI CONSTRUCTION Councilman Feibusch made a motion, seconded by Councilwoman Pearson to read the ordinance by title only and use the shortform procedure. The motion carried unanimously. On a motion by Councilman Feibusch, seconded' by Councilman Brannon it was carried by a roll call vote to adopt Ordinance No. 687 Prezoning Property Requested by Denny and Gianoli Construction. The motion was carried by the following roll call vote: AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson NOES: Mayor Wood ABSENT: None BINGO ORDINANCE Councilwoman Pearson made a motion, seconded by Mayor Wood to read the ordinance by title only and use the shortform procedure. The motion was carried unanimously. Councilwoman Pearson made a motion, seconded by Mayor Wood to adopt the ordinance of the City of Ukiah Providing for the Operation of Bingo Games for Charity. Councilman Feibusch felt verification as to what constituted charity was needed. He also felt since the ordinance restricted minors play, it was discriminatory. The City Attorney stated in order to be classified non-profit they must secure recognition from the State of California. Councilman Simpson stated the license should be issued to non-profit charity only. Mayor Wood stated that authority is set forth by state law. 146 . MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 4, 1976 - PAGE 3 Councilman Feibusch questioned Page 2, Line 3 , "Profit is to be used for charitable causes only. " The City Attorney explained that state law had set what the City can write into the agreement. Councilman Feibusch asked what is the term of the license? The City Attorney stated that the city has the ability to establish whether the term is set per game, per year, or per event. i Councilman Simpson asked if the City had any jurisdiction over how the organization would use the funds. Councilwoman Pearson stated that in' some cities in order to have a charity they must get a card from the City and after the event the City decides how much of the money is paid to them. City Attorney Hayes stated that the only control given the City is the license fee charged. Councilman Brannon asked about the provision of owning the building. The City Attorney explained that leases were acceptable. Councilman Simpson made a motion, seconded by 'Mayor Wood to change the title to read "Non-Profit" Charity. The ordinance with the amendment was adopted by the following roll call vote: AYES: Councilman Brannon, Simpson, - Councilwoman Pearson, Mayor Wood NOES: Councilman Feibusch ABSENT: None Councilman Simpson made a motion, .seconded by Councilwoman Pearson tr the license be issued per day. The motion carried by a majority of 4 to 1. RESOLUTION NO. 77-15 APPROVING ANNEXATION OF UNINHABITED TERRITORY DESIGNATED ANNEXATION NO. 76--2 On a motion by Councilwoman Pearson, seconded by Councilman Brannon to adopt Resolution No. 77-15 approving annexation of uninhabited territory designated Annexation No. 76-2 by a roll call vote: Councilman Feibusch asked what the purpose of the annexation .was . The City Attorney answered that City owned land outside its boundaries are taxed by the County and also it could end up with undesirable zoning. Mr. Kruth stated also the land would come within the City Police jurisdiction. Councilman Feibusch asked if someone wanted to purchase this property would it be a public sale? The City Attorney said Yes it would be a public sale. The resolution was adopted by the following roll call vote: AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood. NOES: None ABSENT: None RESOLUTION NO. 77-16 AUTHORIZING EXTENSION OF AGREEMENT WITH FRANK CARPENTER FOR BUILDING INSPECTION SERVICES FOR ADDITIONAL 60 DAYS On a motion by Councilman Feibusch, seconded by Councilman Simpson Resolution No. 77-16 authorizing extension of agreement with Frank Carpal ter Building Inspection services for an additional sixty days was adopted by the following roll call vote: AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood NOES: None ABSENT: None x47 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 4 , 1976 - PAGE 4 RESOLUTION NO. 77-17 AUTIIORIZING EXECUTION OF LEASE AGREEMENT FOR PROPERTY AT UKIAH MUNICIPAL AIRPORT WITH VAS-KING CORPORATION Councilman Simpson made a motion, seconded by Councilwoman Pearson to adopt Resolution No. 77-17 authorizing execution of lease agreement for property at Ukiah Municipal Airport with Vas-King Corporation. Councilman Feibusch stated that he feels the lease agreement of $150 per month is insufficient. No provision for parking and maintaining the parking lot is made. He feels the rent should be increased to $200 per month. Also the Vas-King Corporation should submit a financial statement to the City Council. The Planning Commission should make sure that the design is compatible with existing buildings at the airport. He felt the tenants should maintain a state licensed contractor or a responsible managing employee to be present at the project site during all working hours . The City Attorney stated that having a licensed contractor on site should be a provision of the lease agreement. The financial state- ment should be a request of the City Council. Councilman Feibusch made a motion, seconded by Councilman Simpson to amend the lease agreement that a duly licensed contractor with the State of California be responsible for all construction work. *The motion was unanimously carried. The City Attorney stated that other rentals at the airport were compared and he felt $150 per month was a proper rental fee. Councilman Feibusch said that the tenant has the right to use the parking facilities and the City would be responsible to maintain the lot and the tenant has no obligation. Councilman Simpson said that the lease states maintenance of the building and he felt that included the parking facilities. Councilman Feibusch made a motion, seconded by Councilman Brannon that Paragraph 2, Line 23 be amended to read $200 per month. The motion was defeated by 3 to 2. Mayor Wood stated that the leasee was obligated to maintain facilities and asked what were they actually leasing. City Attorney Hays stated that they were leasing a plot of ground to build a .structure and a parking lot and permission to use parking that already exists . Mayor Wood asked if the City had the authority to establish a percentage of the construction cost for parking maintenance. The City Manager suggested the leasee be required to pay a fee for using the lot instead of contributing a percentage for maintenance. Councilwoman Pearson asked how often the lot would need paving. Mr. Kruth answered that ordinarily it should have a 20 year life. Mayor Wood stated that he felt the benefits of this project out- weighed the parking lot problem. Councilman Feibusch made a motion,seconded by Councilman Brannon that a financial statement be submitted to the City Manager prior to any signing of the lease. The motion carried 3 to 2. (Wood & Simpson - No) Resolution No. 77-17 with all amendments was adopted by the following roll call vote: AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood. NOES: None ABSENT: None 148 MINUTES OF THE MEETING OF THE CITY COUNCIL OF TITE CITY OF UKIAH AUGUST 4 , 1976 - PAGE 5 RESOLUTION NO. 77-18 AUTHORIZING EXECUTION OF TAXI SYSTEM MANAGEMENT AGREEMENT Councilman Feibusch stated he felt the City would bear all the expenses . Mayor Wood said he was concerned about the open ended section of the marketing program. It was explained that the City would pay for marketing plans that the City developed and was administered by the Mendocino Transit Authority. Councilman Simpson stated that payments would be made out of gas tax money and are SB 325 funds. If the program becomes infeasible the funds would be used for some other means of transportation. Councilman Brannon asked what is the definition of the program becoming infeasible? Councilman Simpson stated that many groups are working on the program to determine and consider what makes it financially feasible. In order to continue to receive funds an evaluation must be done and shown it is serving the purpose for which it was designed. Councilman Feibusch asked about the cancellation clause. Councilman Simpson stated that if the MTA went out of business the City of Ukiah Dial-a-Ride system would still- get funds to continue their program. Councilman Feibusch questioned the hours of 9 a.m, to 6 p.m. Councilman Simpson stated that the hours were established by working with citizens committees and studies being done as to what hours were most heavily used. s, Councilman Brannon asked what about the drivers now employed? Council- man Simpson stated it is the intent to keep the same drivers . He also stated that even if the taxi project is not feasible we would not deprive ourselves of the 325 money as we could use the money for other like projects. A roll call vote to adopt Resolution No. 77-18 is as follows: ,. AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood NOES: None ABSENT: None RESOLUTION NO. 77-19 APPOINTING COMMISSION MEMBERS On a motion by Councilman Simpson, seconded by Councilwoman Pearson to adopt Resolution No. 77=19 appointing commission member it was carried by the following roll call vote: AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood. NOES: None ABSENT: None RESOLUTION NO. 77-20 DETERMINING AMOUNT OF REVENUE NECESSARY FROM PROPERTY TAXES AND FIXING RATES FOR FISCAL YEAR 1976-77 On a motion by Councilman Feibusch, seconded by Councilman Simpson to adopt Resolution No. 77-20 determining amount of revenue necessary from property taxes and fixing tax rates for fiscal year 1976-77 it was carried by the following roll call vote: AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood NOES: None ABSENT: None • CLAIM FOR DAMAGES FROM MARY HOLMES Councilman Simpson made a motion seconded by Councilwoman Pearson that the claim be denied and referred to' the insurance company. The motion was unanimously carried. 149 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 41 1976 - PAGE 6 CLAIM FOR DAMAGES FROM PG&E Councilman Simpson made a motion, seconded by Councilman Brannon that the claim be denied and referred to the insurance company. The motion was carried unanimously. AWARD OF B-ID FOR TRAFFIC SIGNALS ON STATE STREET AT EMPIRE DRIVE AND FORD ROAD Councilman Simpson made a motion seconded by Councilman Feibusch that the low bid from Steiny and Company be accepted. The motion was unanimously carried. It was decided to move Item 15 regarding police personnel to the discussion of the budget. COST ESTIMATE FOR UNDERGROUNDING ELECTRIC FACILITIES ON SCHOOL STREET Councilman Feibusch made a motion., 'seconded by Councilman Brannon that this item be deferred until the first meeting in October. The motion was unanimously carried. SOCIAL ELEMENT - PAGES 18-20 Ms. Cathy Monroe reported on the objectives and how the City can take action on these goals. Councilman Brannon stated that economic development must be responding to needs of consumers. The effects on marketing and consumers should be recognized. Ho stated the Item #4 of the Affirmative Action plan, in seeking to increase a given number of • - any type of bodies rather than their abilities would be detrimental. He felt this should be restructured. The City Manager stated he felt the entire Affirmative Action plan should be reviewed. Councilman Brannon felt that the City could possibly go overboard and create a reverse discrimination. The meeting was adjourned for five minutes at 9: 40 p.m. PERMIT FOR BUTLER BROTHERS AMUSEMENT COMPANY Councilman Brannon made a motion, seconded by Councilwoman Pearson to allow the item of a carnival permit for Butler Brothers Amuse- ment Company be added to the agenda. The motion was unanimously carried. Councilman Brannon made a motion, seconded by Councilman Simpson to approve the applidation for a carnival permit from Butler Brothers Amusement Company. The motion was unanimously carried. PRESS RELEASE - PG&E RATE INCREASE The City Manager stated that he would write a press release giving comments on the rate increase from PG&E. BUDGET FOR FISCAL YEAR 1976-77 Councilman Feibusch made a motion, seconded by Councilman Simpson that the Budget for the Fiscal year 1976-77 be adopted as proposed. Councilman Brannon made a motion, seconded by Councilman Simpson to increase Civic Advertising and Promotional-522, Account 030 - County Chamber to $4 , 400. The motion was carried unanimously. Councilman Brannon made a motion, seconded by Councilwoman Pearson to increase Civic Advertising & Promotion 1-522 , Account 029 - MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 4, 1976 - PAGE 7 City Chamber to $15, 000. Councilman Feibusch suggested a compromise of $12, 500. The motion was carried 4 to 1 (Feibusch No) ° A member of the audience, Mr. Lou MacGee, 1541 Glenwood Drive , Ukiah, past-president of the Chamber of Commerce stated there was no benefit in going to a ribbon cutting if there had been no advertising done by the company. Prior discussion had included this subject. Councilman Feibusch suggested the dump fee/ etincreased to $1. 25. He felt the man at the dump should compute a 75� per yeard fee. The City Manager stated that there needs to be an effort to make the dump self-supporting Mayor Wood stated that if after 90 days the measurement method has increased the revenue of the dump a rate increase may not be necessary. He also suggested that perhaps the rates should be increased to $1. 25, but the rate for an All-You-Can-Carry pickup load would be $1. 00. Councilman Simpson asked why the budget showed a deletion of one Police officer, and Agenda Item #15 is adding one police officer. The City Manager stated that there were many officers on sick leave, vacation or police related training courses throughout the year. Also in order to have an officer on the streets in November he would have to be hired now. When the Department is below strength the overtime increases. Councilman Simpson felt the City needed at least one additional Police officer. Councilman Brannon made a motion, seconded by Councilman Simpson to hire one additional police officer. The motion was unanimously carried. The City Manager made the following suggestions : Increase parking districts budget $1, 200 for changing 1 hour meters to 2 hour meters and increase parking enforcement $5, 000 for a total parking budget increase of $6, 200. Councilman Simpson made a motion, seconded by Councilwoman Pearson to increase Account $O by $6, 200 to the Parking District. The City Manager also suggested: Transferring an additional amount of $25, 000 from Revenue Sharing to the General Fund for fundingof public safety expenses and to transfer General Fund Revenue from cart storage fees and .cart path fees to the Special General fund to reimburse for money advanced to build additional cart storage facilities and cart paths. Mayor Wood made a motion, seconded by Councilman Simpson to increase proposed revenue for golf course green fees $4, 000, golf course membership $3, 000f property tax and revenue $5, 000, *sales tax $5, 000 and a transfer of $25, 000 revenue sharing to general fund and transfer cart storage fees and cart path fees to Special General Fund to repay cost of new construction of storage sheds and paths. The motion was unani- mously carried. - . Mayor Wood made a motion, seconded b General Fund accounts be amended toshow uanlincrease eof $4 that of $4, 250 to utilities expense and the water utilities account increased by $12, 000. The motion was unanimously carried. Councilwoman Pearson made a motion, seconded by Councilman Brannon to provide $750 for rain gear for public works department. The motion was unanimously carried. Mayor Wood made a motion, seconded by Councilwoman Pearson that UP to $10, 000 be included in the budget for pay-in-classification studies. The motion was unanimously carried . MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 4, 1976 - PAGE 8 The budget approval motion with all amendments was unanimously carried. COUNCILMAN FEIBUSCH Councilman Feibusch asked what had been done about funds to alleviate the drainage problems. The City Manager stated the Council should decide on their priorities and allocate funds. COUNCILMAN BRANNON Councilman Brannon stated that the Worker ' s Compensation Fund would meet August 12, at 12 : 00 p.m. in Healdsburg City Hall . He said that they expected to receive first expense reports. He also inquired as to what progress was being made in posting the golf course. COUNCILMAN SIMPSON Councilman Simpson asked that the Safety Committee look at North Oak Street. He said that there were many speeders and reckless driver. He also felt that a future agenda should include a progress report on safety programs for all city departments. He also raised a question as to the sign ordinance, who pays the fee, the business owner or the building owner. LEE ENEMARK A member of the audience, Mr. Lee Enemark, 150 Mendocino Place, .Ukiah asked if on a future agenda a discussion of the city' s application of money for public works could be included. He stated he would also like economic development from the Chamber of Commerce on the same agenda item. Mr. Enemark stated the County of Mendocino was moving to Low Gap Road. He said that at the Chamber ' s Board meeting it was discussed that much of the land on Low Gap Road is not in conformity with the General Plan. The amount of expense the City would have to share would be enormous. He asked if the City intended to make the County pay for the development charges. The City Manager answered that yes the County would be made to pay the City for any charges of Improving the land for development. Mr. Enemark asked if the City could approach the County to ask them to reconsider their decision to move to Low Gap Road. Mayor Wood answered that they have the zoning on their side. ADJOURNMENT The meeting was adjourned at 10 : 55 p.m. 1 4-yiKE ATTEST: City Clerk 152 MINUTES OF THE EXECUTIVE SESSION OF THE CITY COUNCIL OF THE CITY OF UKIAH HELD AFTER THE REGULAR COUNCIL MEETING OF AUGUST 4 , 1976 City Attorney reported to the City Council that the claim filed against the County of Mendocino due to the D-8 Caterpillar tractor fire at the sanitary landfill was denied by the Board of Supervisors at its meeting of June 20, 1976 . The next step to be taken by the Council if it desired would be to file a lawsuit against the County. On a motion by Councilman Feibusch, seconded by Councilman Brannon it was unanimously approved to file suit against the County of Mendocino to recover the costs incurred in the fire. City Manager reported to the City Council regarding the LAFCO action which resulted in an annexation request denial by LAFCO of the Moore-Burnett annexation. ' The property in question is a portion of the Munson Subdivision area and is bounded by Waugh Lane on the west. It was the recommendation of the City Manager that LAFCO should be challenged on their decision. It was also indicated that Mr. Burnett was of the same opinion and was con- sidering that cause of action. It was moved by Mayor Wood and seconded by Councilwoman Pearson and unanimously approved that if Mr. Burnett challenges LAFCO, that the City support him and appear as amicus curiae in his behalf and if Mr. Burnett does not challenge the action to bring the matter back to the City Council for a decision as to whether or not the City would itself challenge LAFCO. ' f . � J Maor ATTEST: - City Clerk