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MINUTES OF THE MEETING OF THE CITY COUNCIL
OF THE CITY OF UKIAH - JANUARY 5, 1983
The City Council convened in regular session at 6:30 p.m. in the City Council
Chambers. Roll was taken and the following Councilmembers were present:
Feibusch, Kelley, Hickey, Riley. Absent: Councilman Myers Staff present:
Payne, Orchard, Kruth, Beard, Harris, Tillotson, Gutierrez.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilmember Kelley gave the invocation and Councilmember Hickey led the
Pledge of Allegiance.
ADDITION TO AGENDA
M/S: Hickey/Kelley to add to New Business, 9E, Purchase of Fire Department
Ladder Truck was carried by a unanimous voice vote.
APPROVAL/CORRECTION OF MINUTES
M/S: Feibusch/Kelley to approve Minutes of Regular Meeting of December 1, 1983
as amended carried by a unanimous voice vote.
M/S: Kelley/Hickey to approve Minutes of Adjourned Regular Session, December
8, 1983 as submitted carried by a unanimous voice vote.
RIGHT TO APPEAL PROCESS
Mayor Riley reviewed Section 1094.6 of the Code of Civil Procedure regarding
appeal procedure.
CONSENT CALENDAR
Councilmember Feibusch requested that item 6k be pulled.
M/S: Feibusch/Hickey to approve Consent Calendar Items 6a - 6j as follows:
6a. Payroll Warrants #21107 - 21242 & #21243 - 21377
6b. General Warrants #21474 - 21605 & #21606 - 21698
6c. Negative Declaration adequate and complete, Ukiah Green
6d. Approved Subdivision Improvement Agreement, Ukiah Green
6e. Approved exchange of easements, RCHDC & McCarty (Creekside Village and
McCarty Manor)
6f. Claim for damages, Richard and Rcb~n Mummert, denied and referred to
insurrance carrier
6g. Claim for damages, Ukiah Tour and Travel, denied and referred to
insurance carrier
6h. Claim for damages, Susan Knopp, denied and referred to insurance carrier
6i. Claim for damages, Joann and Charles R. White, denied and referred to
insurance carrier
6j. Award of contract, Traffic Signal Equipment Update, $21,839.18
Motion carried by the following roll call vote: AYES: Councilmembers
Feibusch, Kelley, Hickey, Riley NOES: None ABSENT: Councilmember Myers.
PETITIONS AND COMMUNICATIONS
7a. APPEAL, SITE DEVELOPMENT PERMIT NO. 83-32, MENDOCINO HEALTH GROUP
Planning Director reviewed the staff report concerning action taken at the
12/8/82 meeting of the Planning Commission. Applicant did not state the
specific conditions which are the subject of the appeal. Staff recommends
City Council uphold the Commission's conditions of approval.
Dr. James Katzel, 1540 James Street stated that the Mendocino Health Group
plans on developing low cost health care which will provide alternative
emergency services. The facility will generate a lot of traffic; therefore,
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as many parking spaces as possible will be needed. He reviewed the overall
appearance of Waugh Lane from Gobbi to Talmage, citing its inconsistencies and
what he considered to be poor planning. In his opinion sidewalks constructed
in 1976 under the CETA Program are functional and should not be reconstructed
at this time.
Council asked for the plans for the street and the reason why the radius was
not installed in 1976. Public Works Director stated the policy is for each
property owner to make these improvements as they develop their property.
Also the radius was not installed originally because the zoning was different
at that time and the time schedule did not permit the City to acquire
rights-of-ways in conjunction with the CETA Sidewalk Program.
M/S: Feibusch/Hickey to grant the Appeal to Site Development Permit No. 83-32,
only in regards to conditions for improvements to the corner of Waugh and
Gobbi, providing the applicant dedicate the land to the City to facilitate
enlargement of the radius at a future time. The following roll call vote
resulted in the appeal being denied: AYES: Councilmembers Feibusch, Riley
NOES: Councilmembers Kelley, Hickey ABSENT: Councilmember Myers.
M/S Feibusch/Hickey to continue this to the next regular meeting in January
was carried by a unanimous voice vote.
7b. APPEAL, SITE DEVELOPMENT PERMIT NO. 83-33, POOL
Mayor Riley announced that the applicant had requested that this item be
pulled from the agenda.
7c. LETTER FROM UKIAH VALLEY SANITATION DISTRICT
Dan Hamburg, Chairman, Ukiah Valley Sanitation District, expressed concerns
relating to organizational as well as operational issues. He indicated that
some questions have been answered but some concerns still exist. He referred
to the 3rd Supplemental Agreement and stated there have been many years where
the contract has not been closely adhered to, particularly as it pertains to
annual review of the ratios. He asked the City to provide specific
information contained in his December 27, 1982, letter pertaining to the 20%
billing charge, total actual cost of operation, maintenance & expansion of the
treatment as well as total number of actual hookups since 1955. City Manager
spoke to the subject of procedure and stated we have been working with a
subcommittee and now the District is asking for information directly. He
indicated an interest in the subcommittee still having input.
M/S: Kelley/Feibusch to provide the financial information to the Board of
Directors of the Ukiah Valley Sanitation District carried by a unanimous voice
vote.
7d. REQUEST FOR ENDORSEMENT OF COMMUNITY SURVEY
M/S: Hickey/Feibusch to endorse the community survey compiled by the Survey
Committee on Economic Issues and Priorities (SCOEIP) carried by a unanimous
voice vote.
UNFINISHED BUSINESS
8a. RESOLUTION APPROVING REVISED PLANNING FEES
City Manager pointed out that the only increase in fees was for General Plan
Amendment and Zone Changes. He also noted that the proposed General Plan
Amendment Fees are $350, not $300.
Mayor Riley felt the General Plan Amendment fees should be $200 and the Zone
Change fees should be $100.
M/S: Hickey/Kelley to adopt Resolution No. 83-40, Resolution of the City
Council of the City of Ukiah Establishing and Revising Fees for Planning and
Zoning Activities carried by the following roll call vote: AYES:
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Councilmembers Feibusch, Kelley, Hickey NOES: Councilmember Riley ABSENT:
Councilmember Myers.
Mayor Riley was in favor of the fees, but felt those proposed here are too
high.
8b. ADOPT ORDINANCE NO. 801, AUTHORIZING LEASE PURCHASE AGREEMENT, REFA
M/S: Hickey/Feibusch to adopt Ordinance No. 801 by title only carried by a
unanimous voice vote.
M/S: Feibusch/Hickey to adopt Ordinance 801, An Ordinance of the City Council
of the City of Ukiah Approving and Authorizing Execution of Lease-Purchase
Agreement with the Redwood Empire Financing Authority carried by the following
roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Riley NOES:
None ABSENT: Councilmember Myers.
NEW BUSINESS
9a. MATTER OF PARKING LOT RENEWAL LEASE
City Manager addressed several issues and made the following recommendation:
Move the location of the parking spaces to the southwest corner of the lot in
order to free prime spaces for downtown shoppers; approve a five year lease
but without an option to renew; meet the request for five additional spaces;
provide flexibility to move the spaces within the same lot in the event the
City proceeds to build on that lot; increase remuneration to the City for
leased spaces to $10.80 per space; paint double yellow lines behind the
proposed parking area and install identification signs purchased by the Post
Office.
M/S Hickey/Kelley that the Mayor and Clerk be authorized to execute an
agreement with the Postal Service which incorporates staff recommendations
allowing a renewal option failed by the following roll call vote: AYES:
Councilmember Hickey NOES: Councilmembers Feibusch, Kelley, Riley ABSENT:
Councilmember Myers.
M/S: Feibusch/Kelley to authorize the Mayor and Clerk to execute an agreement
with the Postal Service for a five year lease with no option to renew and
incorporate all other staff recommendations carried by the following roll call
vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Riley NOES: None
ABSENT: Councilmember Myers.
9b. REPORT ON CABLE TV FRANCHISING
City Manager reviewed the staff report. Our franchise with Group W expires in
May, and Group W's three franchises with the County of Mendocino and cities of
Willits and Fort Bragg will expire subsequently. All agencies have agreed to
pursue unified negotiations. There are firms in the private sector available
to conduct need studies and to negotiate franchise renewals. One firm has
been interviewed and the cost would be approximately twenty thousand dollars.
The agencies have agreed to split the cost; therefore, the City of Ukiah would
be responsible for one-sixth of the cost, or approximately, $3350.
City Manager also noted a controversy with Group W over approximately $5800
due the City, which he believed has been resolved.
M/S: Feibusch/Kelley to recognize the $5,860 additional revenue, authorize
City Manager to negotiate up to $5000 and to invite the consultant to address
the Council carried by a unanimous voice vote.
Councilmember Kelley noted this will be a perfect opportunity for the
governing bodies of Mendocino County to demonstrate how well they can work
together.
Mayor Riley was of the opinion that the City Council should take a role in
seeing what happens and deciding what the system should have, by meeting with
a consultant.
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9c. APPROVAL OF ARBITRATION AGREEMENT, NCPA & PG&E
City Manager recommended Council approval of the arbitration agreement to
resolve differences between NCPA and PG&E regarding the Interconnection
Agreement.
M/S Hickey/Feibusch to approve the Arbitration Agreement as proposed carried
by the following roll call vote: AYES: Councilmembers Feibusch, Kelley,
Hickey, Riley. NOES: None ABSENT: Councilmember Myers.
9d. ~TTER OF UNMET TRANSIT NEEDS IN THE CITY OF UKIAH
Councilmember Kelley, the City's representative to the MTA, requested that the
Council request MTA tc budget next year for the unmet transit needs of
nightime and Sundsy taxi ~e~vice in Ukiah. He noted this is just a formality
as the MTA is ready to address the issue.
M/S: Kelley/Hickey to send a letter to the MTA Board of Directors suggesting
that nightime and Sunday taxi service is an unmet transit need and requesting
them to budget for it next year carried by a unanimous voice vote.
9e. PURCHASE OF FIRE TRUCK
City Manager noted this is an informational item with no action required. The
City of Ukiah's bid for a 1961, rebuilt in 1978-79, 85 foot ladder truck has
been accepted by the City of Rialto. A new ladder truck would cost $220,000.
Our bid was for $38,000 and it will arrive next week.
9f. REPORT OF ADMINISTRATIVE ACTIONS & PROPOSALS (R.A.A.P.)
(old item 6k)
Councilmember Feibusch's concerns dealt with accuracy and redundancy of
minutes and excessive amount of paperwork.
M/S: Feibusch/Kelley to approve the Report of Administrative Actions &
Proposals (R.A.A.P.) carried by a unanimous voice vote.
CITY COUNCIL REPORTS
Councilmember Feibusch asked the City Attorney if he has investigated the
possibility of summarizing legal ads as he suggested. City Attorney stated
the report has not yet been prepared.
Councilmember Feibusch reported on the recent meeting of the Old Yokayo School
Site. Ten requests for proposals from structural engineering firms regarding
the feasibility of rehabilitating the Old Yokayo School were received. The
top four firms will be contacted to provide dollar figures. The Committee has
been instructed that we will not make any move until a firm title clearance on
the property is obtained.
Councilmember Feibusch expressed concern with Section 9175 of the Zoning
Ordinance regarding minimum eave overhang. In his opinion it is an attempt to
circumvent State Law. He requested the City Attorney to look into this
matter.
Councilmember Feibusch stated he has been questioned why the City Electrical
Department worked on New Year's Day to remove the Christmas decorations.
Councilmember Kelley announced that the Ukiah Players Board met today and that
they are booked weekends through March.
Councilmember Hickey wished everyone a Happy New Year.
Mayor Riley announced that per a letter from the League of California Cities,
Governor Deukmejian wants to appoint two new members to the Coastal Commission
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and has requested a meeting of the City Selection Committee to appoint the new
members.
Mayor Riley announced the Redwood Empire League of California Cities meeting
is on January 15, 1983 in Benecia and asked if anyone besides Councilmember
Myers will be attending. Councilmember Kelley said he would attend.
Mayor Riley suggested everyone look at a book from the Office of Planning and
Research which contains legislation passed. It does have several kinds of
special interest legislation that changes composition of boards of various
districts, including sewage districts.
Adjourned to Executive Session at 7:58 p.m.
Executive Session reconvened at 8:10 p.m. and took the following action:
M/S: Kelley/Hickey to approve a budget transfer up to $10,000 for
continuation of legal services in pursuit of preliminary Warm Springs Permit
carried by the following roll call vote: AYES: Councilmembers Kelley,
Hickey, Riley NOES: Councilmember Feibusch ABSENT: Councilmember Myers.
ADJOURNED: 8:25 p.m.
Sandra Gutierrez
Secretary
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