HomeMy WebLinkAboutMin 06-16-82132
MINUTES OF THE MEETING OF THE CITY COUNCIL
OF THE CITY OF UKIAH, JUNE 16, 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: Hickey, Feibusch, Snyder, Riley, Myers. Staff present:
Payne, Orchard, Kruth, Harris, Frame, Goforth, Tillotson, Melvin.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Councilmember Snyder and Councilmember Hickey
led in the Pledge of Allegiance.
APPROVAL/CORRECTION OF MINUTES
M/S: Snyder/Hickey to approve the Minutes of June 1, 1982 and June 2, 1982
as amended.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
SPECIAL ORDER OF BUSINESS - 6:30 P.M.
Mayor Myers presented Certificates of Appreciation to the Bond Committee,
Lake Mendocino/Substation Projects and gave special recognition to Jack
Simpson, Chairman.
RIGHT TO APPEAL DECISION
Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure
regarding appeal procedure.
CONSENT CALENDAR
Mayor Myers requested that Agenda Item 7j be pulled; City Manager requested
Agenda Item 7e be pulled.
M/S: Snyder/Hickey to approve Consent Calendar Items 7a-7d, 7f-7i and 7k
as follows:
7a. Payroll Warrants, #19214-19384, $71,291.62;
7b. General Warrants, #20117-20240, $515, 790.38;
7c. Awarded bid to Rescue Safety Products for one Hurst Rescue System,
Model 32B with accessories in the total amount of $9,193.78;
7d. Awarded bid to Parnum Paving for placing asphalt concrete surfacings
on City streets in the total amount of $50,809.50;
7f. Awarded bid to Joseph LaMalfa for construction of the Town
Recreation Area of the High School Community Park in the total amount
of $18,625.50;
7g. Awarded bid to Atcomm Inc. for communications contract,
7/1/82-6/30/83, in the total amount of $8.520.00;
7h. Awarded bid to O'Hair-Ayers Inc. for annual contract for petroleum
products, 7/1/82-6/30-83, in the amounts as follows: Reg. gas,
$1.107; Ethyl gas; $1.227; No lead gas; $1.142; Diesel fuel; $.98;
Series 3 Oil, 10W, 30W; $3.00;
7i. Denied claim of Michael W. Seeley for damages and referred to
insurance carrier;
7k. Approved Report of Administrative Actions & Proposals (R.A.A.P.)
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
PETITIONS AND COMMUNICATIONS
9a. APPLICATION BY MENDOCINO COUNTY TAXI TO RENEW
PERMIT TO OPERATE TAXI IN THE CITY
City Manager stated that the Municipal Code currently allows taxi permits
to be granted for a one year period.
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M/S: Snyder/Hickey to approve the request of Warren Blodgett, Mendocino
County Taxi, for one year renewal of Certificate for Public Convenience and
Necessity permit.
It was the consensus of Council that staff prepare for Council's review
granting of permits for longer periods of time.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
ADDITION TO AGENDA
M/S: Hickey/Myers to add Item llh, Request by Don Jenkins, to agenda.
Motion failed by 2 (Hickey, Myers)- 3 (Feibusch, Snyder, Riley) voice vote.
9b. APPEAL OF PLANNING COMMISSION DECISION,
SCOTT VARIANCE APPLICATION #82-100
Planning Director stated that applicant is appealing the Planning
Commission decision to grant a variance for the fence height within the
front setback and with certain modifications at the alley and intersection
corner. He stated that applicant had constructed a fence not only in the
front setback but approximately 7'5" into the public right of way.
Applicant had taken the dimension from the existing fences in the area. It
was the Planning Commission's determination that they did not have the
authority relative to private improvements within a public right of way.
Staff is of the opinion there should not be any type of public improvements
within a public right of way.
Mrs. Pamela Scott, applicant, referred to a petition signed by 15 neighbors
indicating no objection to the present location of the fence. She stated
the fence was aligned with other property owners' existing bushes and
fences. She pointed out her house faces Walnut and there is a need for a
fence for privacy. She is agreeable to cutting the corner back for traffic
safety and requested that the fence be allowed to remain where it is until
such time the City would need the right of way.
Councilmember Snyder stated that if the fence is placed on the property
line it would be 8" from applicant's house and the roof would overhang into
the public right of way and asked if the location of the old fence set a
precedent? City Attorney stated it is still City property. Councilmember
Feibusch pointed out that roof overhang is not part of the setback
requirements.
Discussion followed regarding a fence being allowed within any part of the
public right of way setting precedent.
M/S: Feibusch/Hickey to deny the appeal and uphold the recommendation of
the Planning Commission.
Councilmember Riley asked if the other houses in the area have the same
right of way. Director of Public Works stated that the same right of way
extends throughout.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Myers NOES: Riley ABSENT: None
PUBLIC HEARING - 7:00 P.M.
8a. AIRPORT-SOUTH STATE STREET REORGANIZATION NO. 81-10
1) AUTHORIZE MAYOR TO EXECUTE AGREEMENT
2.) RESOLUTION ORDERING ANNEXATION
Planning Director stated the public hearing is to hear protests from
property owners and registered voters to the proposed Airport-South state
Street reorganization. He stated no written protests had been received;
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public notices were sent out as well as a letter from the Mayor regarding
the proposed annexation. Based on the protest public hearing, it will be
determined whether further proceedings will continue toward annexation,
termination or an election held. He pointed out that a condition of LAFCO
approval is an agreement to be reached between Willow Water District and
the City. He stated the agreement has been submitted to Willow Water but
has not been reviewed by their Board.
Councilmember Feibusch stated there are some conditions within the proposed
annexation area that are in violation of City Code and asked if they will
be grandfathered in? City Manager stated the City does not have a policy
regarding this but upon annexation, nonconforming uses generally are
allowed to continue. He suggested that Council consider establishing a
policy whereby the nonconforming uses would terminate if the use ceases for
6 months or the use may continue until ownership changes.
M/S: Hickey/Feibusch to adopt a Council annexation policy Providing that
upon annexation, nonconforming uses would be allowed to continue except
where a business ceases to exist for 6 months or if the ownership changes,
it cannot be reestablished.
Motion carried by unanimous voice vote.
PUBLIC HEARING OPENED:
A petition was placed on file with the City Clerk which listed property
owners objecting to the proposed annexation.
Those that spoke in protest to the annexation were:
Mrs. Tupper
William Lewis
Ernie Olson
Ken Hewitt
Margaret Newcomb
Marvin Bowen
Ann Trost
Linda Thomas
Cindy Pardini
Marlene Werra
They expressed the following concerns: Annexation would cause loss of
property value; increased rates for street lighting and sanitation; garbage
and outdoor burning would not be allowed; only two property owners wanted
to be annexed so their property could be sold; satisfied the way things are
presently with County services; question regarding why the area east of the
railroad tracks was not included in the proposed annexation; license fee
increase, fence heights allowed; with Council policy statement just
adopted, could make businesses unsaleable; receive good services from PG&E
and County; questioned annexation procedure; asked why City wants to annex
this area, annexation should be initiated by property owners; possibility
of property density changes; lack of notification of proposed annexation,
request that matter be continued to give people an opportunity to know what
will happen to them; letter to residents regarding reorganization unclear
and by being unclear, could not win the confidence of citizens; terminology
needs to be simplified in order to protest effectively.
PUBLIC HEARING CLOSED.
Councilmember Hickey stated high taxes would not occur as the tax structure
is tied to Proposition 13 and the tax rate would remain the same; explained
that the City electric rates are 5% under PG&E base rate; rates for garbage
would not change.
City Manager stated each County in California now has State law controlling
annexation; the controlling body being LAFCO. He stated this matter was
brought before Council by property owners. LAFCO found that the annexation
was reasonable and logical for incorporation into the City; the protest
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hearing is part of the process toward annexation. He pointed out that
State law was changed in order to allow that a determination regarding
annexation could be made through public hearings and save the taxpayers
money by eliminating the need for an election.
Councilmember Feibusch stated that although annexation would be a good deal
for the City because of the motels and retail stores, he could not vote for
annexation due to the protest of residents.
Planning Director determined, according to State standards, that the
protest against annexation by registered voters, including verbal and
written, would be 32.6% and protest by property owners was 12%, which is
not sufficient to terminate annexation proceedings.
Nelson Redding, Manager, Willow Water District, reviewed his company's
water rates. Ted Goforth, City Deputy Director of Public Works, reviewed
the City's rates.
A recess was taken for review of State law as it applies to the percentage
of protest.
RECESS: 8:32 P.M. - RECONVENE 9 P.M.
City Attorney determined after review of State law, that there was 32%
registered voter protest and 32.65% landowners protest. On this basis, it
appeared that the Council cannot proceed without an election toward
annexation.
M/S: Snyder/Hickey that the City abandon the annexation of Airport-South
State Street Reorganization No. 81-10.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
PEITIONS AND COMMUNICATIONS
9c. REQUEST FOR RATE INCREASE, UKIAH SOLID WASTE SYSTEMS
M/S: Snyder/Hickey to refer Ukiah Solid Waste Systems proposed rate
increase to staff for analysis.
Motion carried by unanimous voice vote.
9d. LETTER FROM MODERN DISPOSAL REGARDING
CLOSURE OF DISPOSAL SITE
City Manager stated Modern Disposal has requested that the City Council
address the matter concerning reduction in hours at the City Waste Disposal
site.
Barry Vogel, representing Modern Disposal, stated that the County
Environmental Department allows commercial haulers to dump on the days the
County dumps are closed and suggested that the City do likewise. He
referred to a letter from the County Director of Public Works dated May 20
to the City Manager stating this County policy. He referred to a letter
written by the City Director of Public Works to the County Director of
Public Works stating it was not planned to receive any materials on the
days that the dump is closed. He was of the opinion that Modern Disposal
would meet the requirements of California Administration Code which
requires material be covered within 48 hours if it is less than 50 tons.
He spoke to a 1977 contract between Modern Disposal and the County whereby
pickups from outside the City limits were based on the City dump being
opened seven days a week. He felt that if Modern Disposal was not allowed
access to the dump on Sunday and Monday, this would constitute a health
hazard and spontaneous combustion is possible. He felt there might also be
a problem with their performance bond if they could not collect on Sunday
and Monday. He suggested the following solution: The dump be closed
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Monday and Wednesday; this would allow Modern Disposal to come in on a
Monday and dump in an area that has been previously prepared and Tuesday it
could be covered to meeting Code requirements. This same procedure would
apply to Wednesday/Thursday.
Councilmember Hickey was of the opinion that Mr. Vogel's proposal would
create personnel problems and would not accomplish the savings that the
City is trying to achieve.
Mr. Vogel stated that if Modern Disposal is not allowed to dump on those
two days it would mean a loss in revenue of $18,000 a year.
In answer to a question regarding access by key, City Manager stated that
does occur but a problem arises in regard to covering what is dumped.
A1 Kruth, Director of Public Works, stated that there is concern with fire
hazard because of the wind in this area and felt that dumped garage should
be left uncovered for only short periods; currently, garbage is covered
everyday.
Marvin Bowen, Modern Disposal, suggested the following proposal to solve
this problem with no additional cost to the City: Run the dump five days a
week for the public with the regular employee; have that employee, during
the five days, stockpile earth. On Monday morning, the other equipment
operator, together with a laborer to pick up papers, could spend
approximately four hours at the dump.
Councilmember Snyder asked if Mr. Bowen was asking the City to keep the
dump open and to incur additional expenses so he could bring in his
garbage? She suggested that a change be made in Modern Disposal's
schedule or take the garbage to the County dump on the days the City is
closed. She further stated that Council reviewed this matter very
carefully during budget sessions and worked out the new schedule; she
objected to the use of the dump when no one is there. She also felt that
Mr. Bowen was asking the City taxpayers to subsidize the County's dumping
problems.
City Manager suggested that Modern Disposal could reimburse the City for
the time spent to bring two employees out as suggested by Mr. Bowen.
Public Works Director added that Modern Disposal is on contract with the
County to provide service to Boonville and Potter Valley and the County
should be the one to address the problem. He further added that in his
letter to the County Director of Public Works he had suggested that the
County could accommodate the additional garbage from Boonville and Potter
Valley at their dumps. He could not recommend to Council Mr. Bowen's
proposal as he had a problem with the key access and also extending the
service for Modern Disposal would encourage other people to want the same
consideration. Mr. Bowen asked what he was suppose to do with the garbage
he could not deliver on Sunday and Monday?
M/S: Riley/Feibusch to direct staff to work with Modern Disposal to see if
there was some way for 7 day access at the dump site and report back to
Council.
Motion carried by unanimous voice vote.
Mr. Bowen asked if the matter would be heard at Council's next meeting and
asked if staff had the authority to allow Modern Disposal to use the dump
in the meantime? Councilmember Snyder stated the motion was for the matter
to come back to Council with staff's recommendation and would be heard the
first meeting in July.
Jerry Ward, Solid Waste, asked that he be included in the motion.
UNFINISHED BUSINESS
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10a. CITY COUNCIL POLICY REGARDING FEES AT ANTON STADIUM
Mayor Myers referred to a newspaper article stating that Ukiah had "priced
Anton Stadium out of the North Coast Section budget" and requested that
Council reconsider fee policy for Anton Stadium.
M/S: Myers/Snyder to direct staff to prepare a policy statement regarding
use of Anton Stadium for these type of activities and that the costs
incurred be brought back to the City but nothing beyond that.
Motion carried by unanimous voice vote.
lOb. AODPT ORDINANCE NO. 788, ZONE CHANGE APPLICATIONS
FOR GENERAL PLAN CONSISTENCY, NO. 82-91, 82-93,
82-94, 82-95, 82-96, 82-97, 82-98, 82-99
In answer to a question regarding withdrawing Zone Change No. 82-98 from
the Ordinance No. 788, City Attorney stated this would be considered an
amendment and the entire matter would be continued to Council's next
meeting.
Alice Williams, 1370 Berkeley Way, expressed her concern with land north of
Berkeley Way being rezoned R-3 in order that apartment complexes could be
built.
George Ginochio, 1376 Berkeley Way, stated, with the exception of Mrs.
Williams, no residents were notified of the proposed zone change for
Berkeley Way; felt rezoning would deplete the value of the property and
Mrs. Williams would be deprived of her privacy if apartments were built
next to her property.
Planning Director stated that the property that Mrs. Williams and Mr.
Ginochio are concerned about is not included in the proposed zone change
but had been zoned R-3 for quite some time and pointed out that R-1 and R-2
districts allow apartment complexes.
M/S: Snyder/Riley to adopt Ordinance No. 788 by title only. Motion
carried by unanimous voice vote.
M/S: Snyder/Riley to adopt Ordinance No. 788 amending Chapter 2, Division
9 of the Ukiah City Code by rezoning property for General Plan consistency
(Zone Change Application Nos. 82-91, 82-93, 82-94, 82-95, 82-96, 82-97,
82-98, 82-99).
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
10c. ADOPT ORDINANCE NO. 789, FLOOD PLAIN MANAGEMENT
M/S: Snyder/Riley to adopt Ordinance No. 789 by title only. Motion
carried by unanimous voice vote.
M/S: Snyder/Hickey to adopt Ordinance No. 789 adding Chapter 5 to Division
9 of the Ukiah Municipal Code, Flood Plain Management.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
NEW BUSINESS
lla. APPEAL OF STREET PAVING REQUIREMENT PURSUANT TO
POLICY RESOLUTION NO. 5, DON WEATHERLY
Planning Director stated applicant is appealing Policy Resolution No. 5
which requires that certain improvements be required for a minor
subdivision. The applicant has requested a Certificate of Compliance to
indicate his property is actually two lots and as part of this process, the
City must determine that the property was legally subdivided at one time,
meets State Subdivision Map Act and applicable City codes. According to
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Policy Resolution No. 5, improvements would be required for the entire
portion of the parcel. Applicant feels there is actually two parcels, one
with an existing house on it, and does not feel improvements should be
required for the portion of the property that has an existing house nor
paving be required as he must dedicate 5' of roadway.
Councilmember Feibusch referred to the dotted lines shown on the Assessor's
Parcel map and read from the deed record July 20, 1946 which refers to this
property as "lots 6 and 7". He stated he agreed with Planning Commission
action and suggested that the City not ask for 5' dedication but that curb,
gutter, sidewalk and paving be required only for the undeveloped lot.
M/S: Snyder/Feibusch that applicant be required to put curb, gutter,
sidewalk and paving on the new lot on Clara Street as well as on Sidnie
Street. Motion carried by unanimous voice vote.
llb. BID AWARD, LEGAL PUBLICATIONS
Councilmember Feibusch left the meeting due to a possible conflict of
interest.
City Attorney stated that bids had been submitted by Mendocino Grapevine
and Ukiah Daily Journal and felt the Council could take the following
action: accept either bid; reject all bids and ask for new bids with a
form of bid with such conditions as might be reasonably imposed or rely on
the reserved right to determine which proposal it deems is in the best
interests of the City.
M/S: Snyder/Hickey that based on the City Attorney's report and the
information contained in the bids submitted by Ukiah Daily Journal and
Mendocino Grapevine, that the bid for legal publication be awarded to Ukiah
Daily Journal.
Councilmember Snyder stated her motion is based on the fact that Ukiah
Daily Journal is a daily paper, actual home delivery is not specified in
the Mendocino Grapevine and was of the opinion that people who order a
newspaper and pay for it, will generally read it.
Steve Greene, Mendocino Grapevine, felt the mere sales of newspapers within
the City limits does not mean they go to City residents. He stated they
deliver to every home, except those homes that have requested no delivery.
He pointed out that the Mendocino Grapevine is locally owned and operated
and that the Ukiah Daily Journal is not locally owned and Council should
encourage locally owned and operated businesses. He described involvement
by the Grapevine in community activities.
Ron Gluckman, Ukiah Daily Journal, asked that circulation be considered, as
well as State code requirements.
Bob Snyder, 179 Park Place, stated, from his experience in the newspaper
business, readership could only be determined by the number of subscribers.
Mr. Greene felt the Ukiah Daily Journal should have indicated newsstand and
home delivery figures in their bid.
Motion carried by the following roll call vote: AYES: Hickey, Snyder,
Myers NOES: Riley ABSENT: None ABSTAIN: Feibusch
Councilmember Feibusch returned to the meeting.
llc. BID AWARD, SCHOOL STREET DRAINAGE
Director of Public Works stated the apparent low bidder for this project
was found not to have the proper license and the bid is now unacceptable.
He recommended award of the bid to Huffman Construction in the amount of
$58,820.95 which exceeds both the engineer's estimate and the budget
allocation. He further stated that he and Councilmember Feibusch reviewed
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the alternatives in order to reduce the costs and with elimination of three
laterals, $8,700 could be eliminated from Huffman's bid.
M/S: Riley/Feibusch to award bid for construction of drainage facilities,
School Street between Clay Street and Perkins Street-Contract No. 82-18 to
Huffman Construction in the total amount of $58,820.95.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
lld. RESOLUTION APPROVING AGREEMENT WITH NCPA FOR
PURCHASE OF BPA ENERGY
M/S: Hickey/Sndyer to approve Resolution No. 82-77 authorizing the Mayor
to execute a service agreement with the Northern California Power Agency
for northwest energy purchases.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
lle. CONSIDERATION OF APPOINTMENTS TO COMMISSIONS
It was the consensus of the Council that vacancies on City commissions be
advertised and the matter be considered at Council's July 21, 1982 meeting.
llf. BID AWARD, PORTABLE T HANGARS (7e)
City Manager stated financial arrangements have not proven as favorable as
it had been anticipated and pointed out that the bid had been submitted on
June 2, 1982 and that bids must be accepted within 30 days.
M/S: Riley/Feibusch to award the bid for portable T-hangers at the Ukiah
Municipal Airport, Contract No. 82-11, to Port-A-Port, Inc. in the amount
of $159,915.00 and authorize exploration of alternate forms of financing as
long as it is beneficial to the City subject to 12% financing or less.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
llg. CLOSE OUT AND APPROVAL OF AUDIT REPORT
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
Mayor Myers stated he would not participate in this matter due to a
possible conflict of interest and left the room.
City Manager recommended approval although there are certain things that
the City does not agree with. He pointed out the City, after close out,
will start collecting the money outstanding on the loans.
M/S: Snyder/Feibusch to accept the Close Out and approval of audit report
for Community Development Block Grant Funds.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley NOES: None ABSENT: None ABSTAIN: Myers
Mayor Myers returned to the meeting.
CITY COUNCIL REPORTS
Councilmember Hickey stated he would circulate to councilmembers a copy of
Government Union Review.
Councilmember Feibusch asked for a report on the four way stop at the
intersection of Perkins and School Streets. City Manager stated the
project would not proceed until all the planters are in.
Councilmember Feibusch requested that the Chamber of Commerce be requested
to do promotional work on the Industrial Park and stated that Bruce Lord
was also willing to contact the Chamber. City Manager stated he would look
into the matter.
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Councilmember Snyder reviewed for Council the information she had received
from Don Clausen's office regarding Low Gap Road project and the
possibility that the City will not receive the funding for this project.
Director of Public Works stated he would contact Don Clausen's office on
this matter.
Councilmember Snyder pointed out that the noise level standards are
different in the Noise Ordinance and the General Plan and asked that the
matter be agendaed for clarification.
Councilmember Riley stated that seating of the new councilmember and
election of Mayor and Vice Mayor would be June 22, 1982 at 6:30 P.M. prior
to official canvass of ballots. City Manager stated he would not be able
to attend due to a meeting in Sacramento.
Councilmember Riley stated her appreciation in working with Councilmember
Snyder.
Mayor Myers reported that a presentation would be given by Dennis Chaty and
Guinness McFadden on industrial development and a brochure is being
prepared for industrial zoned sites and they are asking City staff
cooperation in the preparation of the brochure.
Mayor Myers asked if Councilmembers had received a copy of "Industrial
Revenue Bond Financing" and asked if any councilmembers were planning to
attend?
Mayor Myers stated he appreciated Councilmember Snyder's invocation and
enjoyed serving with her.
ADJOURNMENT - 11:25 P.M. - To Executive Session and Special Meeting June
22, 1982 at 6:30 P.M.
Mary Melvin
Deputy City Clerk
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