HomeMy WebLinkAboutMin 06-02-82123
MINUTES OF THE MEETING OF THE CITY COUNCIL
OF THE CITY OF UKIAH - JUNE 2, 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, Brosig, Tillotson, Melvin.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Councilmember Feibusch and Councilmember Riley
led in the Pledge of Allegiance.
APPROVAL/CORRECTION OF MINUTES
M/S: Riley/Snyder to approve the Minutes of May 18, 1982.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
M/S: Riley/Snyder to approve the Minutes of May 19, 1982 as corrected.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
PROCLAMATION
Mayor Myers presented a proclamation to Vice Commander Everett Johnson,
United States Coast Guard Auxilliary, declaring June 6, 1982-June 12, 1982
National Safe Boating Week. Vice Commander Johnson announced that June 6,
1982 at 10 A.M. at the south ramp of Lake Mendocino proper boating methods
and CPR demonstrations would be given.
RIGHT TO APPEAL DECISION
Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure
regarding appeal procedure.
CONSENT CALENDAR
Councilmember Feibusch requested that Consent Item 7b be pulled.
M/S: Snyder/Feibusch to approve Consent Calendar Items 7a, 7c-7g as
follows:
6a. Payroll Warrants, #19100-#19241, $65,967.09;
6c. Awarded bid to W. C. Sanderson Ford in the total amount of
$17,429.61 for a 2-ton truck with 3 yard dump body;
6d. Awarded bid to W. C. Sanderson Ford in the total amount of
$22,563.57 for 6-yard dump truck;
6e. Authorized City Clerk to file Notice of Completion for hangar
pads at Ukiah Municipal Airport;
6f. Approved purchase of used water truck in the total amount of
$12,500.00 to Western Sales;
6g. 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
ADDITIONS TO AGENDA
M/S: Feibusch/Riley to add Agenda Item llh, Consideration of AB3257.
Motion carried by unanimous voice vote.
M/S: Snyder/Riley to consider Agenda Item lid, Resolution concurring in
agreement between Community College and Ukiah Valley Sanitation District as
Agenda Item 8al. Motion carried by unanimous voice vote.
NEW BUSINESS
8al. RESOLUTION CONCURRING IN AGREEMENT BETWEEN COMMUNITY
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COLLEGE AND UKIAH VALLEY SANITATION DISTRICT REGARDING
SEWER EXTENSION TO COLLEGE (lld)
City Manager stated the Community College District has reached an agreement
with Ukiah Valley Sanitation District to provide services to the College at
their new site. He was of the opinion that, although there are concerns
regarding the length of the payback and the General Plan land use, the City
should not interfere in the agreement between the two agencies.
Sherry Dysart, 3601 Goose Road, Willits, stated the payback period was
established in accordance with the Chancellor's office and it has been
decided that the land use issue not be dealt with at this time.
M/S: Snyder/Hickey to approve Resolution No. 82-74 concurrence by City
Council of the City of Ukiah to the contract between Ukiah Valley
Sanitation District and Mendocino Lake Community College District.
Motion carried by the following roll call vote: AYES: Hickey, Snyder,
Riley, Myers NOES: Feibusch ABSENT: None
PUBLIC HEARING
8a. ZONE CHANGES FOR GENERAL PLAN CONSISTENCY:
NO. 82-91, WAUGH EAST/COOPER-SOUTHMARLENE
NO. 82-93, SOUTH OAK CONDOMINIUMS
NO. 82-94, SHADY GROVE MOBILE HOME PARK
NO. 82-95, SOUTH LUCE
NO. 82-96, WASHINGTON NORTH
NO. 82-97, WASHINGTON COURT
NO. 82-98, UKIAH CONVALESCENT
NO. 82-99, BEACON WAY
PUBLIC HEARING OPENED:
Jeff Wong, 115 Glen Park, San Rafael, spoke in favor of the zone change for
the South Luce area.
PUBLIC HEARING CLOSED.
M/S: Hickey/Riley to introduce Ordinance No. 788 by title only. Motion
carried by unanimous voice vote.
M/S: Hickey/Riley to introduce 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, 8.2-98, 82-99).
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
8b. FLOOD PLAIN MANAGEMENT ORDINANCE
Planning Director stated the ordinance would implement the City's
participation in the National Flood Program. He pointed out that the map
can be amended at any time if existing flood plain areas are at a higher
elevation than shown on the map.
PUBLIC HEARING OPENED: No audience participation. PUBLIC HEARING CLOSED.
M/S: Riley/Snyder to introduce Ordinance No. 789 by title only.
Motion carried by unanimous voice vote.
M/S: Riley/Snyder to introduce 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
8c. TO HEAR OBJECTIONS FOR WEED ABATEMENT PROGRAM AND
CONSIDERATION OF RESOLUTION DIRECTING ABATEMENT
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PUBLIC HEARING OPENED: No audience participation. PUBLIC HEARING CLOSED.
M/S: Snyder/Hickey to approve Resolution No. 82-72 directing the abatement
of weeds, rubbish, refuse and dirt on certain parcels of land in the City
of Ukiah.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
PETITIONS AND COMMUNICATIONS
9a. LETTER FROM DON JENKINS REQUESTING GENERAL PLAN
AMENDMENT
Councilmember Hickey disqualified himself from the discussion of this
matter due to a possible conflict of interest and left the room.
Planning Director stated Mr. Jenkins presented a request for General Plan
Amendment 1982B after the May 7th deadline.
M/S: Riley/Snyder to uphold staff recommendation that Mr. Jenkins' request
for inclusion in General Plan Amendment 1982B not be accepted.
Don Jenkins, 1481 Fawnwood Drive, indicated his request was based on having
a letter of commitment from Farm Home by the time of the hearing and the
fact that to wait for the next General Plan amendment would hinder
construction as that would be the wet time of year.
Councilmember Feibusch stated he could see no confirmation of claims made
by Mr. Jenkins after which Mr. Jenkins asked that his request be approved
on the condition that he produce a letter of commitment from Farm Home at
the General Plan Amendment 1982B hearings.
Mayor Myers pointed out that the schedule has been well publicized in order
that amendments can be made in an orderly manner.
Motion carried by the following roll call vote: AYES: Feibusch, Snyder,
Riley, Myers NOES: None ABSENT: None ABSTAIN: Hickey
Councilmember Hickey returned to the meeting.
9b. LETTER FROM SENIOR CITIZENS REGARDING CONSIDERATION
OF FUNDING FROM REVENUE SHARING
City Manager stated a request for reconsideration of funding from Revenue
Sharing funds has been received from the Senior Citizens Center. Finance
Director stated the Senior Citizens Center was notified two times of the
revenue sharing hearing but that no one attended.
George Bartlett, Executive Director, Senior Citizens Center, stated he was
in Sacramento the day of the hearing and had never received notification of
the hearing date. His request was based on units of service that the City
has funded and asked that Council reconsider funding. He also pointed out
that a large portion of the funding is returned to the City to cover
utility costs.
It was suggested that Council establish a policy in regard to public
hearing dates for budget hearings and that staff notify those agencies that
are normally funded of the hearing dates, such as, Mendocino Youth Project,
Senior Citizens and Chamber of Commerce.
Letha Atkinson, 265 Mendocino Place, stated the Senior Citizen Center's
major outlay is for utilities and asked if the City could make an
adjustment to their utilities? City Manager stated the utilities are an
enterprise fund and must be charged at the normal rates. He recommended
that the contingency fund be used instead of going into the approved
budget.
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It was the consensus of Council that this matter be referred to staff to
prepare a budget transfer and that the matter be on Council's July 7th
meeting and that agencies be notified by mail of public hearings regarding
the budget.
UNFINISHED BUSINESS
10a. DISCUSSION OF DATE TO CANVASS BALLOTS,
JUNE 8TH ELECTION
Council had requested County Elections to have the election returns
completed for their swearing in ceremony by June 22nd. The City Clerk
stated the County Elections Department has advised that the canvass could
be completed prior to the required date of July 6th, but there could be no
guarantee that the requested June 22nd date could be met.
It was the consensus of the Council that new councilmembers be sworn in on
June 22, 1982 if the canvass has been completed; if not completed, new
councilmembers will be sworn in on June 29, 1982.
lOb. ADOPTION OF ORDINANCE NO. 785, ZONE CHANGE
APPL. NOS. 82-73, 82-79, 82-80, 82-82
M/S: Riley/Snyder to adopt Ordinance No. 785 by title only. Motion
carried by unanimous voice vote.
M/S: Riley/Snyder to adopt Ordinance No. 785 amending Chapter 2, Division
9 of the Ukiah City Code by rezoning property for General Plan Consistency
(Zone Change Application No. 82-73, 82-79, 82-80, 82-82).
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
10c. ADOPTION OF ORDINANCE NO. 786, PARKS AND RECREATION
FACILITIES (PRESENTATION OF CERTIFICATES OF
APPRECIATION TO UKIAH HIGH SCHOOL STUDENTS)
M/S: Snyder/Hickey to adopt Ordinance No. 786 by title only. Motion
carried by unanimous voice vote.
M/S: Snyder/Hickey to adopt Ordinance No. 786 adding Chapter 12, to
Division 1 of the Municipal Code to be entitled "Parks and Recreation
Facilities".
Motion carried by the following roll call vote: AYES: Hickey, Snyder,
Riley, Myers NOES: Feibusch ABSENT: None
Recreation and Parks Director presented to Ukiah High School students,
David Roach and Debbie Hennigan Certificates of Appreciation for their work
on the ordinance. He stated that Certificates of Appreciation would also
be given to Susie Shippey and Tanya Sparks, who could not attend the
meeting.
10d. ADOPTION OF ORDINANCE NO. 787, CONFORMING
SECTION NUMBERS TO DRUG PARAPHERNALIA ORDINANCE
M/S: Snyder/Hickey to adopt Ordinance No. 787 by title only. Motion
carried by unanimous voice vote.
M/S: Snyder/Hickey to adopt Ordinance No. 787 amending Ordinance No. 780,
an ordinance prohibiting the distribution and display of drug paraphernalia
to conform section numbers to Ukiah Municipal Code.
Motion carried by the following roll call vote: AYES: Hickey, Snyder,
Riley, Myers NOES: Feibusch ABSENT: None
NEW BUSINESS
lla. GREATER UKIAH CHAMBER OF COMMERCE AGREEMENT FOR
PROMOTIONAL AND ADVERTISING ACTIVITIES
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City Manager pointed out that a new item, Band Review, has been added
within the promotional budget and will share the Fireworks allocation of
$3,ooo.
Councilmember Riley was of the opinion that information regarding units of
service from City funding should be set forth for a clear measurement of
where the City's money is going.
M/S: Snyder/Hickey to approve Agreement retaining Greater Ukiah Chamber of
Commerce for promotional and advertising activities for the City of Ukiah
1982-83.
A1 Norris, Chamber of Commerce, stated the promotional budget, Exhibit A,
shows only the City's portion and represents $27,305 out of the Chamber's
total promotional budget.
Mayor Myers stated he is pleased to see that the Band Review is part of the
budget. He was of the opinion that as this is a focus event for Ukiah
that the event be promoted for tourism. It was also pointed out that the
Russion River Run will be held the same weekend as well as the activities
at the Fairgrounds.
Letha Atkinson asked how many people attend the firework display?
Lois Anderson, 1010 W. Clay, was of the opinion the Chamber should be
promoting new people coming into Ukiah in order to produce new payrolls.
Mayor Myers stated the Chamber of Commerce is assisting in a June llth
meeting regarding development of the Industrial Park.
Motion carried by the following roll call vote: AYES: Hickey, Snyder,
Myers NOES: Feibusch, Riley ABSENT: None
llb. RESOLUTION APPROVING TENTATIVE MAP
FOR MARLENE CONDOMINIUMS
Planning Director stated implementation of the use permit was held for
General Plan land use amendment to Medium High Density classification. As
that occurred with the 1981 General Plan Amendment, the Tentative Map is
ready for adoption. The Tentative Map was approved by the Planning
Commission at their May 12th meeting.
Councilmember Feibusch asked at what point are tentative buyers advised of
the flood zone? Councilmember Hickey stated the Real Estate Commission
requires that prospective buyers be advised of this. Letha Atkinson stated
that the Real Estate Commission is very strict on condominiums and would
see that all requirements be met. She stated all tenants have been
notified of the proposed condominium conversion.
M/S: Feibusch/Hickey to approve Resolution No. 82-73 approving Tentative
Subdivision Map No. 82-85, Marlene Street Condominiums.
Councilmember Riley stated she could not approve the resolution as Council
has not established any policy covering condominium conversion in relation
to the City's housing stock.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Myers NOES: Riley ABSENT: None
llc. RESOLUTION ENDORSING THE MENDOCINO
COUNTY ARTS COALITION
City Manager stated the City has been requested to join the Mendocino
County Arts Coalition. He urged that Council not participate as it appears
there may be instances where the best interests of the City cannot be
represented by a Coalition that is controlled by a Board of Directors which
represent the County rather than cities.
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M/S: Snyder/Feibusch to accept staff's recommendation and decline
membership in the Mendocino County Arts Coalition.
Councilmember Riley asked that the request not be turned down but that the
Coalition be asked to allow membership for all cities. Councilmember
Snyder stated it was her belief that city agencies should not become member
of specific interest groups.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Myers NOES: Riley ABSENT: None
lle. RESOLUTION AUTHORIZING LEASE PURCHASE FOR SEWAGE TREATMENT
PLANT AND DESIGNATING INDIVIDUALS AUTHORIZED TO EXECUTE THE DOCUMENT
llf. RESOLUTION AUTHORIZING INTERIM RENT LETTER AGREEMENT AND
AUTHORIZE INDIVIDUAL TO EXECUTE DOCUMENT
Director of Public Works stated in order to facilitate cash flow during
construction of the Wastewater Treatment Plant, it is necessary to obtain
interim funding to cover payments to contractors. The lending institution
has agreed to advance cash prior to finalization of the lease agreement.
He further stated that approval of the interim rent letter agreement would
allow the City to lease equipment back from the bank.
M/S: Snyder/Hickey to approve Resolution No. 82-75 authorizing lease and
option agreement for Wastewater Treatment Facilities.
Councilmember Feibusch was of the opinion that the financing arrangements
are a circumvention of the will of the people.
Motion carried by the following roll call vote: AYES: Hickey, Snyder,
Riley, Myers NOES: Feibusch ABSENT: None
M/S: Snyder/Hickey to approve Resolution No. 82-76 authorizing iterim rent
letter agreement.
Motion carried by the following roll call vote: AYES: Hickey, Snyder,
Riley, Myers NOES: Feibusch ABSENT: None
llg. GENERAL WARRANTS (7b)
Councilmember Feibusch referred to Warrant No. 20083, special assessments
paid to NCPA and asked what kind of control is put on the Council's
representative to approve these amounts? Councilmember Hickey stated that
the Spiegel law firm is retained to perform certain services for NCPA and
the additional assessments are due to additional services rendered in
connection with the permit issued by FERC for Calaveras and resulting court
cases. He further added that the Spiegel law firm provides a monthly
statement and can be made available for Council's review.
Councilmember Riley asked clarification of Warrant No. 20048, Autoland
Motor Co. City Manager stated this was the purchase of a gasoline parking
vehicle.
M/S: Riley/Feibusch to approve General Warrants, #19100-19241,
$412,150.65.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
llh. SB3257
Councilmember Snyder stated the League of California Cities' bulletin
reports that AB3257 would require restrictions as to hazardous materials
that can be received at disposal facilities. She requested that Council
oppose AB3257.
M/S: Snyder/Riley that Council go on record in opposition to AB3257 and
direct staff to write a letter for the Mayor's signature.
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Motion carried by unanimous voice vote.
COMMENTS FROM AUDIENCE
Alice Williams, Berkeley Way, spoke in opposition to zoning change for
Ukiah Convalescent (No. 82-98) as she did not want apartments built behind
her property. Mayor Myers stated that Ordinance No. 788 would have a
second reading at Council's next meeting and she could return at that time
to express her opposition.
Mark Cagle, Ukiah, asked that Council indicate whether it intends to pursue
the grant funds for the geothermal test well. He stated the building
standards will go into effect July 13 and asked what the City's Building
Inspector will do? Councilmember Snyder stated that if Council is to
consider grant funds for the geothermal test well, it must be agendaed.
CITY COUNCIL REPORTS
Councilmember Hickey reported on his attendance at the American Public
Power Association and that some companies have shown an interest in buying
our bond issue direct rather than. going through the bid process.
Councilmember Hickey asked for a report on what is happening at the dump
and Vichy Hills Power Company. City Manager stated it is his understanding
that Vichy Hills Power Company is looking at different sites and no
negotiations are taking place at present. A media compaign of press
releases, handouts and sign information on the way to the dump will be
provided due to the new operating hours of the dump.
Councilmember Feibusch reported he had received a call Mrs. Schindler, City
Bakery, regarding $25.00 charge for health inspection. City Manager stated
this falls under the jurisdiction of the County Health Department.
Councilmember Snyder asked if Council had been invited to the Band Review?
Councilmembe Riley reported that Elsie Nielsen had sent a letter inviting
councilmembers to the band review.
Councilmember Snyder stated that being a NCPA representative is a
tremendous responsibility and suggested that Council could review NCPA's
agenda and indicate how the representative should vote. She felt that
Councilmember Hickey was doing a good job representing the City.
Councilmember Riley felt that as Vichy Hills Power Company is no longer
negotiating with the City, there should be a closure of the matter.
Planning Director stated that a request had been made to the Planning
Commission regarding power company use in the Industrial Park and it was
felt that any plant would be considered if it met nuisance requirements.
Councilmember Riley asked that notice of public hearings provide more
information.
Mayor Myers asked if public hearings could be heard at 7 P.M. It was the
consensus of Council that this be done.
Mayor Myers stated the June 11, 1982 luncheon regarding the Industrial Park
will be at the Manor Inn with a tour of the Park scheduled for 10:30 A.M.
He further stated that everyone will meet at the City Council Chambers at
10:00 a.m.
Mayor Myers referred to the agreement with MTA and reported, as recommended
by Council, that the term of the agreement is for three years and the term
of directors is for two years as requested by Council. The Mayor was
authorized to sign the agreement.
Mayor Myers requested that the fee schedule for Anton Stadium be agendaed
for Council's June 16th meeting for review as to the intent of day use.
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ADJOURNMENT - 9:00 P.M. - To Executive Session.
Mary Melvin
Deputy City Clerk
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