HomeMy WebLinkAboutMin 05-19-82115
MINUTES OF THE MEETING OF THE CITY COUNCIL
OF THE CITY OF UKIAH - MAY 19, 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, Frame, Tillotson, Melvin.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Councilmember Riley and Councilmember Snyder led
in the Pledge of Allegiance.
APPROVAL/CORRECTION OF MINUTES
M/S: Snyder/Hickey to approve the minutes of May 5, 1982.
Motion carried by the following roll call vote: AYES:
Snyder, Riley, Myers NOES: None ABSENT: None
Hickey, Feibusch,
M/S: Snyder/Riley to approve the minutes of May 12, 1982 as amended.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
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 6e be pulled; Councilmember
Snyder requested that Consent Item 6b be pulled.
M/S: Snyder/Feibusch to approve Consent Calendar Items 6a, 6c-6d and 6f as
follows:
6a. Payroll Warrants, #18959-19099, $65,223.87;
6c. Denied claim for damages filed by Trinidad Silva and referred to
insurance carrier;
6d. Approved award of bid for prefab metal equipment shelter, Corporation
Yard to Nie-Con Structures in the amount of $13,442;
6f. 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
PUBLIC HEARINGS
7a. ZONE CHANGES FOR GENERAL PLAN CONSISTENCY:
NO. 82-79, ORCHARD CHURCH AREA
NO. 82-80, EL RIO
NO. 82-82, LESLIE/RAILROAD
NO. 82-73, OAK STREET EAST
Planning Director requested that the wording contained on line 10 of the
proposed ordinance "and...2-301-42." be deleted.
M/S: Snyder/Riley to introduce Ordinance No. 785 by title only.
Motion carried by unanimous voice vote.
M/S: Snyder/Riley to introduce 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) with the deletion of
the wording "and...2-301-42." from line 10 of the ordinance.
Councilmember Riley expressed concern with the increased density of Oak Street
East and did not approve of this zone change.
Reg.Mtg.
5/19/82
Page 1
116
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
PETITIONS & COMMUNICATIONS
8a. REQUEST FROM UKIAH MEN'S GOLF CLUB FOR WAIVER OF
PRACTICE ROUND FEES, 23RD UKIAH INVITATIONAL GOLF
TOURNAMENT
M/S: Riley/Hickey to waive practice round fees for the 23rd Ukiah
Invitational Golf Tournament.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
UNFINISHED BUSINESS
9b. REQUEST FOR EXTENSION OF TIME, LAS CASAS FINAL SUBDIVISION MAP
City Attorney was of the opinion that Section 66452.6 of the Government Code
overrides the City's present ordinance regarding granting additional time
before a tentative map expires. State law gives an additional 12 months to
the developer for filing a final map. He pointed out that the City's present
ordinance does not allow additional time to be given for filing a final map
after the 24 months has elapsed.
M/S: Riley/Feibusch to accept the recommendation of the City Attorney and
forward it on to developers.
Motion carried by the following roll call vote: Hickey, Feibusch, Snyder,
Riley, Myers NOES: None ABSENT: None
M/S: Feibusch/Riley to direct staff to bring back to Council deletion of
ordinance section regarding final map timeline.
Motion carried by unanimous voice vote.
ADDITION TO AGENDA
M/S: Snyder/Riley to add Item lOj, Ukiah Band Review, to the agenda.
Motion carried by unanimous voice vote.
UNFINISHED BUSINESS
9C. ADOPTION OF ORDINANCE NO. 784, ZONE CHANGE
APPLICATIONS 82-67, 82-68, 82-69, 82-70. 82-72, 82-74
M/S: Riley/Snyder to adopt Ordinance No. 784 by title only.
Motion carried by unanimous voice vote.
M/S: Riley/Snyder to adopt Ordinance No. 784 amending Chapter 2, Division 9
of the Ukiah City Code by rezoning property for General Plan consistency (Zone
Change Application No. 82-67, 82-68, 82-69, 82-70, 82-72, 82-74).
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
9d. INTRODUCTION OF PARKS & RECREATION FACILITIES ORDINANCE
M/S: Snyder/Hickey to introduce Ordinance No. 786 by title only.
Motion carried by unanimous voice vote.
M/S: Snyder/Riley to introduce Ordinance No. 786 adding Chapter 12, to
Division 1 of the Municipal Code to be entitled "Parks and Recreation
Facilities with the following changes: Section 1965 a) to read: "TODD GROVE
MUNICIPAL PARK - Bounded by Walnut Live Oak Avenue and Park Boulevard;"'
, ,
Section 1965 b) to read: "GIORNO PARK - Situated next to Anton Stadium and
lying between Giorno Avenue and Park Boulevard;"; Section 1965 i): delete;
Section 1985, line 25, add after "parks": "unless a permit has been obtained.
Reg.Mtg.
5/19/82
Page 2
117
Councilmember Feibusch expressed concern with enforcement of the ordinance.
Motion carried by the following roll call vote: AYES: Hickey, Snyder, Riley,
Myers NOES: Feibusch ABSENT: None
NEW BUSINESS
lOa. PARKS AND RECREATION COMMISSION RECOMMENDATION TO
GIVE FREE LIFETIME GOLF TO AN INDIVIDUAL
M/S: Snyder/Feibusch to support staff recommendation that the request of the
Recreation Commission be denied.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
lOc. INTRODUCE ORDINANCE RENUMBERING ORDINANCE NO. 780,
DRUG PARAPHERNALIA
City Attorney stated this ordinance does not affect the substance of Ordinance
No. 780 but merely conforms the sections to the code.
M/S: Snyder/Hickey to introduce Ordinance No. 787 by title only.
Motion carried by unanimous voice vote.
M/S: Snyder/Hickey to introduce 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
10d. CONSIDERATION OF FORT BRAGG RESOLUTION CALLING
FOR CHANGES IN LAFCO VOTING PROCEDURES
City Manager stated the proposed resolution would ask that changes be made to
LAFCO voting procedures to allow a city member to vote on matters affecting
that city.
M/S: Snyder/Riley to approve Resolution No. 82-71 calling for changes in
LAFCO voting procedures.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
10e. RECOMMENDAITON TO SURRENDER THE PERMIT FOR THE
DEEP HOLE CREEK HYDRO PROJECT
City Manager stated that MITEX is requesting to be relieved from the Deep Hole
Creek Hydro project as it appears it is not economically feasible.
M/S: Riley/Hickey to relieve MITEX from their responsibility for the Deep
Hole Creek Hydro project and that FERC be notified of such action.
Motion carried by unanimous voice vote.
10f. RESOLUTION APPROVING REVISED GOLF FEES
Councilmember Hickey proposed the following: Daily green fees raised to $7.00
for weekdays and $9.00 for weekends; raise junior weekday fees to $1.00;
annual single membership remain as is; annual couple membership be raised to
$350; elimination of $5.00 monthly charge and $60 annual fee be charged for
use of the cart paths to be collected in full with a sticker issued and no
golf carts allowed on the course unless it has a valid sticker; that the paths
be brought into good shape and maintained. Councilmember Hickey was of the
opinion that his recommendation would bring $15,000-$18,000 additional income
a year.
M/S: Hickey/Riley to adopt Resolution No. 82-70 establishing rates for the
Municipal Golf Course with the changes as outlined by Councilmember Hickey.
Reg.Mtg.
5/19/8~
Page 3
118
Stewart Frame, Director of Parks and Recreation, expressed concern that the
increased daily green fees would discourage use of the golf course.
Jim Garner, President of Ukiah Men's Golf Club, was in favor of Councilmember
Hickey's proposal.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
RECESS: 7:45 P.M.
PUBLIC HEARINGS
7b. INTENTION TO VACATE A PORTION OF STREET RIGHT OF WAY
ON HOPE STREET BETWEEN STANDLEY STREET AND SMITH STREET
Director of Public Works stated that this portion of Hope Street has little
possibility for development and the intent is to vacate this portion so that
the property owners can utilize it. The City would retain an utility easement
along the entire area to be abandoned.
PUBLIC HEARING OPENED:
Tom Neilson, 255 N. Hope, spoke in favor of the abandonment and requested that
the City underground the utilities at this time. He pointed out that he had
obtained the necessary permits and variances at the time his home was built.
Rick Henderson, 250 N. Hope, spoke in favor of the abandonment.
PUBLIC HEARING CLOSED.
M/S: Snyder/Hickey to approve Resolution No. 82-68 ordering the vacation of a
portion of a public street (Hope Street between Standley Street and Smith
Street).
Councilmember Feibusch suggested that instead of a fence located against the
sidewalk that plants be a buffer between the fence and sidewalk. He was of
the opinion that the City should not give away its property unless reimbursed
for what is surrendered. He noted when driving by the property that the
concrete footings have already been set.
Motion carried by the following roll call vote: AYES: Hickey, Snyder, Riley,
Myers NOES: Feibusch ABSENT: None
UNFINISHED BUSINESS
9a. RESOLUTION APPROVING 1982-83 FISCAL YEAR BUDGET
City Manager stated, in reference to police reserve and fire volunteers, that
the Police and Fire Chiefs support the budget as submitted.
M/S: Snyder/Hickey to approve Resolution No. 82-69 adopting the 1982-83
budget for the City of Ukiah with the addition of another $1,500 each to
Police Reserve and Fire Volunteers Account to be used for training or
equipment as they see fit.
Councilmember Snyder felt the additional amount is warranted as the Police
Reserves and Fire Volunteers save the City thousands of dollars each year.
M/S: Riley/Hickey to amend the original motion to delete the $3,000
allocation for Police Reserve and Fire Volunteers.
Amendment to original motion carried by the following roll call vote: AYES:
Hickey, Feibusch, Riley, Myers NOES: Snyder ABSENT: None
Original motion as amended carried by the following roll call vote: AYES:
Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None
Reg.Mtg.
5119182
Page 4
119
NEW BUSINESS
10b. REQUEST FROM UKIAH PLAYERS TO AMEND LEASE
City Manager referred to the Cost Sharing Agreement with the County and was of
the opinion that there is not a conflict with the County. Charles Bell,
member of Board of Trustees, Ukiah Players, was of the same opinion.
City Attorney stated that the agreement with the County does not prevent the
amendment of the lease with the change in Exhibit A for modification of the
plot plan and encumbering the building to borrow money. Mr. Bell further
stated that the bank requires a 30 year lease to provide an enforcement
mechanism.
M/S: Riley/Feibusch to accept the Lease Modification Agreement between City
of Ukiah and Ukiah Players Theatre and Ukiah Dance Center, Inc.
Councilmember Snyder referred to items 8 and 9 of the original lease which
states upon abandonment of the use of the building, the lease would terminate.
City Attorney stated the Bank would be bound by the terms of the agreement.
Councilmember Snyder was of the opinion that an official statement from the
County regarding this matter should be obtained before final action is taken.
Councilmember Snyder referred to a collateral matter that could be discussed
only in executive session and for this and the previous statement, asked that
the matter be continued to the first meeting in June.
Council determined to go into Executive Session at this time - 8:59 P.M.
The City Council reconvened at 9:28 P.M. and took the following action:
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Riley, Myers NOES: Snyder ABSENT: None
lOg. ESTABLISH SCHEDULE FOR PUBLIC HEARINGS TO
CONSIDER REVISED ZONING ORDINANCE
It was the consensus of Council that a workshop session be scheduled for June
1, 1982 from 7 a.m. to 10 a.m.
Councilmember Snyder requested the following changes: Section 9011 -
Permitted Uses: conversion of multiple units to match existing densities;
Section 9041 and 9034 - In existing density cases, there is no minimum site
area.
10h. GENERAL WARRANTS (6b)
Councilmember Snyder referred to warrant 19953, Econo-Graphics, for Sun House
brochures, and felt it was not appropriate that the Sun House Guild has an
application for membership included within the brochure without contributing
to the cost of printing.
Councilmember Riley questioned the amount of Warrant No. 19974 to Los Angeles
Times for ad for accountant. City Manager stated it was for classified
advertising.
M/S: Snyder/Riley to approve General Warrants, #19909-20039, $571,458.21.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
lOi. AWARD OF BID FOR HIGH SCHOOL
COMMUNITY PARK FACILITIES (6e)
Director of Public Works stated the one bid received cannot be accepted
because the contractor does not have the proper contractor's license to
perform the work. He requested that a new bid call be made.
Reg.Mtg.
5/19/82
Page 5
120
M/S: Feibusch/Snyder to reject the bid received from Clark Construction and
direct staff to again call for bids for High School Community Park Project.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
10j. BAND REVIEW
City Manager stated a request has been received to waive all fees for the
Ukiah High band review June 5. The request has traditionally been approved.
He pointed out that the Ukiah Band review is one of the only in the State that
charges no parade fees and suggested that the matter be reviewed.
M/S: Snyder/Hickey to waive the fees in connection with the Ukiah High Band
Review this year.
In answer to a question regarding possible conflict of interest, City Attorney
stated that the Mayor did not have a conflict in this matter.
Motion carried by the following roll call vote: AYES:
Snyder, Riley, Myers NOES: None ABSENT: None
Hickey, Feibusch,
COMMENTS FROM AUDIENCE
Linda Foster, 840 E. Gobbi, stated her objection to Council meetings scheduled
in the early morning.
Mark Cagle, 840 Pomo, stated that grant funds for the RCS auditor position are
available; grants funds are available for the geothermal test well at the
garbage site and reported on his attendance at the California Energy
Commission meeting regarding new building residential standards. He asked
what the Council will do about the new standards?
CITY COUNCIL REPORTS
Councilmember Feibusch felt a policy should be established regarding free
parking in front of construction jobs. It was the consensus of the Council
that the matter be referred to the Parking Advisory Committee.
Councilmember Snyder asked that the Traffic Safety Committee investigate
removal of the stop sign at Pine and Grove Streets. City Manager stated that
matter has already been reviewed by that Committee.
Councilmember Snyder felt that the May 12 letter to UCO regarding annextion
was excellent.
Councilmember Riley stated that the Little Lake Sherwood hiking and equestrian
trail is in place from the inland to the coast. She reported there is a Air
Quality workshop on Monday, May 24. She reported that she called Assemblyman
Bosco and Senator Keene regarding the loss of subventions but has not heard
from them yet.
Mayor Myers reported on a luncheon scheduled June 11 with several experts in
the area of development and financing of the industrial park. It was the
consensus of the Council that legislators be invited also.
A1 Barbero, Special Consultant for Rural Task Force, stated that other cities
will also be invited to the June ll meeting and planning uses for the entire
County will be covered at that time.
Mayor Myers asked that the City Attorney report back to the Council on the
time table for swearing in of new councilmembers.
ADJOURNMENT - 10:20 P.M. - To Executive Session.
Mary Melvin
Deputy City Clerk