HomeMy WebLinkAboutMin 10-06-822O3
MINUTES OF THE MEETING OF THE CITY COUNCIL
OF THE CITY OF UKIAH - OCTOBER 6, 1982
The City Council convened in regular session at 6:30 p.m. in the City
Council Chambers. Roll call was taken and the following Councilmembers
were present: Feibusch, Kelley, Hickey, Myers, Riley. Staff present:
Payne, Orchard, Kruth, Harris, Tillotson, Beard, Melvin.
INVOCATION AND PLEDGE OF ALLEGIANCE
Leverne Armstrong, Vice President, Mendocino Community College Associated
Students, gave the Invocation and Councilmember Kelley led the Pledge of
Allegiance.
Mayor Riley requested a moment of silence for the NCPA employees involved
in the accident at the geysers.
PROCLAMATIONS
Mayor Riley stated that the Spinning & Weaving Proclamation and Roller
Skating Week Proclamation had previously been presented.
Mayor Riley proclaimed the week of October 11-17, 1982 as Domestic Violence
Awareness Week. Kathleen Sherman and Billie Timson from Project Sanctuary
were present to receive the Proclamation.
Mayor Riley stated the National Business Women's Week Proclamation would be
presented tomorrow.
APPROVAL/CORRECTION OF MINUTES
M/S: Hickey/Kelley to approve Minutes of Regular Meeting, 9/15/82, and
Special Meetings, 9/21/82 and 9/27/82. Motion carried by the following
roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None
ABSENT: None ABSTAIN: Myers (9/27/82 only)
RIGHT TO APPEAL DECISION
Mayor Riley reviewed Section 1094.6 of the Code of Civil Procedure regard-
ing appeal procedure.
CONSENT CALENDAR
Councilmember Feibusch requested that Items 7b and 7g be pulled.
M/S: Hickey/Myers to approve Consent Calendar Items 7a, 7c-7f as follows:
7a. Payroll Warrants, #20269-20413, $69, 535.54 and #20414-20553,
$81,629.68;
7c. Awarded bid for construction of bus garage for Greater Ukiah Senior
Citizens Center in the total amount of $39,292.00 to Busch
Construction and Electric and authorized the Mayor and City Clerk to
execute the contract on behalf of the City;
7d. Awarded bid for Fire Department portable radio and minintors to
Motorola Communications in the total amount of $6,839.12;
7e. Awarded bid for half ton pickup to W. C. Sanderson Ford, Healdsburg,
in the total amount of $7,915.12, including tax;
7f. Approved Resolution No. 83-24 authorizing the destruction of certain
records.
Motion carried by the following roll call vote: AYES: Feibusch, Kelley,
Hickey, Myers, Riley NOES: None ABSENT: None
PETITIONS AND COMMUNICATIONS
9a. LETTER OF REQUEST FROM MTA REGARDING TAXI OPERATION
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City Manager stated a request has been received from MTA that the taxi
operator permits allow either pickups or drop offs within the Ukiah
Dial-A-Ride service area during its service hours and that the City ordi-
nance be revised in regarding to "pirating". City Manager was of the
opinion that these requests could move the City into being more restrictive
of this industry.
Bruce Richard, General Manager, MTA, pointed out that the taxi operator's
permit states that a private operator is allowed to bring people into the
City from outside the City limits but is not allowed to pick up people
inside the City and take them outside the City limits. He added that his
request to allow private operators to operate inside and outside of the
City limits would improve the transportation opportunities for people who
live outside Dial-A-Ride's service area and are not served by the bus
system. Mr. Richard stated that a revision to City code is requested due
to the problem of "pirating", the practice of picking up any passenger who
has called another taxi operator for service. He asked that Council
consider this act illegal and unlawful, the consequences of which would be
revocation of the privilege of picking up fares in and outside the City
limits or revocation of the permit.
City Manager pointed out that restrictions were placed on taxi operator's
permit to protect the Dial-A-Ride system and stated further that there
would be no way to police the practice of "pirating."
Mayor Riley questioned the ability of the Council to legislate outside the
City limits.
In answer to Councilmember Myers' question regarding the two requests being
dependent upon each other, Mr. Richard stated that there is no relation
between the two issues.
M/S: Feibusch/Kelley to refer this matter to the City Attorney and Bruce
Richard to work together on this matter and report back to Council. Motion
carried by unanimous voice vote.
PUBLIC HEARING - 7:00 P.M.
8a. PROPOSED COOPERATION AGREEMENT WITH THE HOUSING
AUTHORITY OF MENDOCINO COUNTY TO DEVELOP AND
OPERATE A LOW INCOME HOUSING PROJECT
M/S: Myers/Kelley that this matter be heard at Council's October 20th
meeting. Motion carried by unanimous voice vote.
PETITIONS AND COMMUNICATIONS
9b. LETTER FROM UVSD REGARDING PROPOSED CITY/UVSD COOPERATION
Dan Hamburg, Chairman, Ukiah Valley Sanitation District, proposed that one
Board be established to direct all activities of the sewage treatment
system to eliminate the confusing distinction between City and District, to
allow for the establishment of uniform rates and policies and to deal with
the issue of percentage distribution of costs. He suggested that the
governing Board be comprised of three City Council members and County
Supervisors representing Districts 1 and 2. As an alternative to con-
solidation, he proposed a study of the City/District relationship by an
objective party on a cost-shared basis to address percentage of cost of
treatment plant operation and maintenance; billing and collection and the
appropriateness of City staff serving as District staff. He reviewed for
Council County Counsel's research of this matter, copies of which were
provided to Councilmembers together with a letter from Supervisor DeVall.
M/S: Hickey/Kelley to refer this matter to City Manager, Gordon Logan,
LAFCO, City Attorney and County Counsel for their review and recommendation
and to continue the matter to Council's first meeting in December. Motion
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carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey,
Myers, Riley NOES: None ABSENT: None
PUBLIC HEARING
8b. PROPOSED APPLICATION TO DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
City Manager stated that each Councilmember has indicated concern with the
industrial development in our community and the need to move forward with a
comprehensive program.
Planning Director presented a background of the CDBG program for small
cities which had previously emphasized housing rehabilitation for low and
moderate income people and elimination of slums and blight. A third
objective has now been established to meet urgent community development
needs. He was of the opinion that emphasis should be on economic develop-
ment instead of housing rehabilitation and suggested the following: 1)
provide improvements for the National Guard Armory site at the Airport; or
2) a program that would combine several other funding sources to get the
industrial park off the ground. He added that one of HUD's requirements
for economic development is a commitment for jobs from the private sector.
He pointed out that application due date for CDBG funds is November 29.
PUBLIC HEARING OPENED: No audience participation. PUBLIC HEARING CLOSED.
M/S: Feibusch/Hickey to instruct staff to prepare an application for CDBG
funds for the Industrial Park project with a contingency application for
the National Guard project. Motion carried by the following roll call
vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT:
None
Council made the following comments regarding activities that are part of
the CDBG Grant:
1) Redevelopment Agency
Councilmember Feibusch was of the opinion that the Redevelopment Agency
should be reactivated to provide financial incentives.
City Manager pointed out the potential impact on the City and school
district but felt the Redevelopment Agency would generate new business. He
felt if Council did intend to reactivate the Redevelopment Agency, it would
be necessary to retain legal counsel.
Discussion related to whether there was an existing balance of funds in the
redevelopment fund and City Manager stated he would check on this.
It was the consensus of Council that Item No. 1, reactivation of the
Redevelopment Agency, be pursued.
2) Small Business Administration Loans
3) Combined Use of Funds
4) Training Programs
No objections were expressed by Councilmembers.
5) Financial Participation
Councilmember Kelley asked if financial participation by County and Ukiah
Valley Development Corporation were possible? City Manager stated it would
be investigated. No objection was expressed.
6) Industrial Development Bonds
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Mayor Riley asked if this would require expenditure of City funds? City
Manager stated that City funds would not be expended but a mechanism would
be established whereby a business could use the City's good name to obtain
credit, the loan would be paid back from business revenue and it would not
become a lien on the City. No objection was expressed.
7) Property Acquisition Or Infrastructure Placement
City Manager stated that this program relates to the reactivation of the
redevelopment agency. No objection was expressed.
PETITIONS AND COMMUNICATIONS
9c. LETTER FROM ED TITLOW REMAKING POWER AVAILABLE IN EARLY 1984
M/S: Hickey/Myers to continue subject matter one month at the request of
Mr. Titlow. Motion carried by unanimous voice vote.
UNFINISHED BUSINESS
10a. CONSIDERATION OF GLEN WHITE APPEAL, VARIANCE 83-07, 791 MYRON COURT
City Attorney was of the opinion that granting the appeal would not violate
the CC&Rs but did not feel a condition of the use permit for a planned
development could be amended or waived without the full consent of all
owners of existing parcels. He pointed out, however, that the City's
Zoning Ordinance does provide for variances and amendments and does not
distinguish between the planned development zone and other zones. He
suggested, if Council wished to grant the appeal, that the variance be
conditioned for a specified period of time to be terminated upon sale or
transfer of the property to other ownership. He further added that al-
though the City could grant a variance, an aggrieved owner may have a civil
right of action against the applicant.
Planning Director stated that on site measurements of the paving area show
that for every two units, there is a 23'6½" common concrete area and this
area would accommodate two automobiles, one per unit. If the existing
walkway were to be paved, it would provide a total concrete width of
15'9-3/8" per property but would interfere with access to the unit.
Planning Director is of the opinion that the existing paved areas already
constitute a substantial portion of the lot and on site measurements
indicate a situation in which the onsite parking cannot be met without the
utilization of the garage. He recommended that Council uphold Planning
Commission's action and deny the appeal.
Glen White, 791 Myron, stated that since he has already converted the
garage, could he put the wall on hinges?
M/S: Kelley/Myers to deny the appeal of Variance 83-07, Glen White, 791
Myron Court.
In answer to Councilmember Hickey's question regarding paving the area
between the north edge of his walkway out to the property line, Planning
Director stated that the lots are 22' wide with the concrete area 15'.
Paving the walkway would pave the entire front of the property.
Mayor Riley felt it should be noted that with requirements lessened and
density increased, this type of situation will occur as people need more
space. She further stated that she could support City Attorney's sug-
gestion of a variance procedure.
Motion carried by the following roll call vote: AYES: Kelley, Hickey,
Myers NOES: Feibusch, Riley ABSENT: None
RECESS: 8:09 P.M. - RECONVENE: 8:21 P.M.
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UNFINISHED BUSINESS
10b. REPEAL RESOLUTION NO. 82-2 AND ADOPT NEW RESOLUTION RE MOBILE HOMES
Planning Director stated the Planning Commission reconsidered subject
matter and made no modification to their original recommendation. It was
the consensus of the Commission that the procedure for reviewing alternate
material types and eave lengths was appropriate.
Councilmembers Feibusch and Myers expressed concern that the requirements
of the resolution would make housing unaffordable and add more re-
strictions. Planning Director stated the original resolution applies to
all construction, not just mobile homes.
M/S: Kelley/Hickey to approve Resolution No. 83-25 establishing standards
for mobile homes/manufacturered housing and building materials for major
structures on residential lots. Motion carried by the following roll call
vote: AYES: Kelley, Hickey, Riley NOES: Feibusch, Myers ABSENT: None
10c. ADOPT ORDINANCE NO. 793, ZONING
M/S: Myers/Hickey to adopt Ordinance No. 793 by title only Motion
carried by unanimous voice vote. ·
M/S: Hickey/Myers to adopt Ordinance No. 793 repealing Chapter 2 of
Division 9 of the Ukiah Municipal Code and adopting new Chapter 2, Division
9 Zoning. Motion carried by the following roll call vote: AYES:
Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None
10d.ADOPT ORDINANCE NO. 794 AUTHORIZING ISSUANCE OF PUBLIC
POWER REVENUE BONDS BY NCPA
ADOPT ORDINANCE NO. 795 AUTHORIZING ISSUANCE OF NOTES BY NCPA
ADOPT ORDINANCE NO. 796 AUTHORIZING ISSUANCE OF PUBLIC POWER
REVENUE REFUNDING BONDS BY NCPA
ADOPT ORDINANCE NO. 797 APPROVING TERMS & AGREEMENT (2ND PHASE)
FINANCING & DEVELOPMENT OF SHELL E. BLOCK GEOTHERMAL PROJECT
BETWEEN NCPA & OTHER MEMBERS & AUTHORIZING EXECUTION & DELIVERY
OF AMENDMENT BY OFFICERS OF CITY
M/S: Hickey/Myers to adopt Ordinance No. 794 by title only Motion
carried by unanimous voice vote. ·
M/S: Hickey/Myers to adopt ordinance No. 794 authorizing the issuance of
public power revenue bonds by Northern California Power Agency (Geothermal
Generating Project Number 3).
Councilmember Kelley referred to the recent accident at the Shell project
and asked that no action be taken until he was able to view the project.
The maker of the motion, with the consent of the second
motion. , withdrew his
M/S: Kelley/Hickey to continue adoption of Ordinance Nos. 794, 795, 796
and 797 to October 20, 1982. Motion carried by the following roll call
vote: AYES: Feibusch, Kelley, Hickey Myers Riley NOES: None ABSENT:
None ' ,
CITY MANAGER RECOMMENDATIONS
lla. AUTHORIZE EXPENDITURE FOR STRUCTURAL ANALYSIS
& APPRAISAL, OLD YOKAYO SCHOOL
City Manager recommended authorization of an expenditure of up to $2,500 to
accomplish the appraisal and structural engineering analysis of the Old
Yokayo School site.
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Discussion followed relating to the subcommittee's understanding regarding
the architect recommended by Dr. Gustafson to serve as an advisor only and
who will be at the scheduled meeting tomorrow morning and is expecting to
be paid for his services. It was felt by the subcommittee members that
this arrangement was made without their consent.
M/S: Hickey/Myers to adopt the City Manager's recommendation that he be
authorized to expend up to $2,500 from the Civic Center Fund for an ap-
praisal of the Old Yokayo site and a structural analysis of the existing
building.
Councilmembers Feibusch and Kelley, as members of the subcommittee, were of
the opinion that funds should not be expended without the consent of the
subcommittee members.
City Manager recommended that this matter be brought back to Council for
approval of each expenditure.
Mayor Riley stated she could not vote in favor of the motion as the City
Manager had changed his recommendation.
Motion failed by the following roll call vote: AYES: Hickey, Myers NOES:
Feibusch, Kelley, Riley ABSENT: None
Council expressed no objection to the members of the subcommittee attending
tomorrow's meeting.
llb. ADJUSTMENT OF SALARY RANGE, ACCOUNTANT POSITION
City Manager stated that the City has been unsuccessful in its attempt to
hire an accountant. It has been determined that a primary reason for this
is the salary range not being competitive and qualified applicants have not
applied. From a recent salary survey, it has been determined that Ukiah's
salary range is low and it is recommended that the range for accountant be
changed from Range 45, $1713-$2082, to Range 49, $1891-$2298.
M/S: Hickey/Myers to adopt the Finance Director's recommendation that the
salary for Accountant II be changed to Range 49, $1891 - $2298. Motion
carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey,
Myers, Riley NOES: None ABSENT: None
llc. BID REPORT, POLICE COMMUNICATIONS EQUIPMENT
City Manager was of the opinion that if the bid structure is changed, more
competitive bids would be received.
M/S: Myers/Feibusch to reject the bid of Motorola and readvertise the call
for bid as recommended. Motion carried by unanimous voice vote.
lld. BID REPORT, REMOVAL OF HOUSES ON MARSHALL & NORGARD LANE
M/S: Hickey/Feibusch to authorize the use of 601 B & C Marshall and 61
Norgard for fire training purposes and the use of City forces to demolish
the two remaining structures at 601 A, B & C Marshall and 601 Marshall.
Motion carried by unanimous voice vote.
NEW BUSINESS
12a. AUTHORIZATION TO EXECUTE AMENDMENT, FAU AGREEMENT
WITH STATE, LOW GAP ROAD PROJECT
M/S: Kelley/Myers to adopt Resolution No. 83-26 authorizing execution of
Program Supplement No. 2 to Local Agency-State Agreement No. 01-5049.
Motion carried by the following roll call vote: AYES: Feibusch, Kelley,
Hickey, Myers, Riley NOES: None ABSENT: None
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12b. RESOLUTION AUTHORIZING PREAPPLICATION FOR RUNWAY GRANT FUNDS, FAA
M/S: Myers/Kelley to adopt Resolution No. 83-27 authorizing City Manager
to submit application to Federal Aviation Agency for grant funds for Ukiah
Municipal Airport. Motion carried by the following roll call vote: AYES:
Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None
12c. RESOLUTION AUTHORIZING PREAPPLICATION FOR RUNWAY GRANT FUNDS, CAAP
M/S: Feibusch/Myers to adopt Resolution No. 83-28 authorizing City Manager
to execute application for California Aid to Airports Program (CAAP)
funding for Ukiah Municipal Airport. Motion carried by the following roll
call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None
ABSENT: None
12d. APPROVAL AND EXECUTION OF AGREEMENT FOR WATER RIGHTS
RELINQUISHMENT, MAZZONI ESTATE
Public Works Director stated the executor of the Mazzoni Estate has agreed
to relinquishment of water rights and interest in the "Old Gibson Water
Rights".
M/S: Feibusch/Kelley to approve Agreement between City and Executor of the
will of Leona A. Mazzoni. Motion carried by the following roll call vote:
AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None
12e. REPORT OF WEED ABATEMENT COSTS AND ADOPTING RESOLUTION FIXING
UNPAID COSTS AS LIENS AGAINST PROPERTIES
Assistant Director of Public Works reported that the costs for weed abate-
ment (Exhibit A) for Assessor's Parcel 02-010-09 was paid this date.
M/S: Kelley/Hickey to accept the report regarding weed abatement costs by
the Public Works Department and adopt Resolution No. 83-29, with amended
Exhibit A, confirming "report of weed abatement costs" and adoption of
resolution fixing unpaid costs as liens against properties abated. Motion
carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey,
Myers, Riley NOES: None ABSENT: None
12f. GENERAL WARRANTS (7b)
Councilmember Feibusch pointed out that the handwritten checks were not
itemized and requested, in the future, invoices be available for review.
M/S: Feibusch/Kelley to adopt General Warrants, #20928-21046, $657,978.02.
Motion carried by the following roll call vote: AYES: Feibusch, Kelley,
Hickey, Myers, Riley NOES: None ABSENT: None
12g. REPORT OF ADMINISTRATIVE ACTIONS & PROPOSALS (R.A.A.P.) (7g)
Councilmember Feibusch referred to a presentation of policy toward murals
within Ukiah given by the Planning Director at the Recreations, Parks and
Cultural Arts Commission meeting. It was the consensus of Council that it
would be appropriate for Council to review mural policy.
M/S: Feibusch/Kelley to approve Report of Administrative Actions and
Proposals (R.A.A.P.). Motion carried by the following roll call vote:
AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None
CITY COUNCIL REPORTS
14a. APPOINTMENT TO AIRPORT COMMISSION
Councilmember Feibusch nominated Tim Morgan.
Councilmember Kelley nominated Andrew Reese.
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M/S: Hickey/Myers to close nominations. Motion carried by unanimous voice
vote.
M/S: Kelley/Hickey to adopt Resolution No. 83-20 appointing Tim Morgan to
the Airport Commission. Motion carried by unanimous voice vote.
Councilmember Feibusch asked who authorized the installation of Press
Democrat newspaper racks in the middle of the sidewalk? City Manager
stated he would look into it.
Councilmember Feibusch asked the status of Warm Springs? City Manager
stated the matter would be discussed during Executive Session.
Councilmember Hickey reported he had been elected Vice Chairman of the NCPA
Commission at the September 22-24 NCPA Annual meeting. He reported that
the program and speakers at the meeting were excellent and a PG&E speaker
at the meeting spoke on the expected rate structures for the 1980s.
Councilmember Hickey reported that from May to September, 1982, Ukiah had
received 16,495,967 kilowatt hours of electricity from Bonneville at a
price of $339,313.
Mayor Riley asked that people who request to appear on the Council agenda
be notified of the date their matter will be heard. It was the consensus
of Council that this be done.
Mayor Riley reported, from the MCOG meeting, that more funds will be
received from SB 325 and AB8.
Mayor Riley stated that Mrs. Cook sent a letter thanking the City for
putting up a street light in the Manor Oaks Mobile Estate.
Mayor Riley reported on her attendance at the CESAR conference and will
provide copies of the written report to councilmembers.
Mayor Riley announced the Ukiah Valley Association for Handicap's planning
conference is scheduled for October 16.
Councilmember Feibusch asked, with the approval by the voters of the civil
service ordinance for removal of department heads, what happens when a
department head retires and is replaced by an civil service employee? City
Manager stated they would lose their civil service status.
ADJOURNMENT - 9:37 P.M. - To Executive Session.
Council reconvened at 9:55 P.M. and took the following action:
lla. AUTHORIZE EXPENDITURE FOR STRUCTURAL ANALYSIS
& APPRAISAL, OLD YOKAYO SCHOOL
M/S: Kelley/Myers to reconsider Agenda Item lla, authorizing expenditure
for structural analysis and appraisal, Old Yokayo School. Motion carried
by 4-1 (Feibusch) voice vote.
M/S: Kelley/Hickey to authorize City Manager to expend up to $2,500 from
the Civic Center Fund for an appraisal of the Old Yokayo Site and a struc-
tural analysis of the existing building. Motion carried by 4-1 (Feibusch)
voice vote.
ADJOURNMENT - 10 P.M.
Mary Melvin
Deputy City Clerk
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