HomeMy WebLinkAboutMin 04-21-8292
MINUTES OF THE MEETING OF THE CITY COUNCIL
OF THE CITY OF UKIAH - APRIL 21, 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, Beard, Frame, Roper, Maxson, Tillotson,
Melvin.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Mayor Myers and Councilmember Riley led in the
Pledge of Allegiance.
APPROVAL/CORRECTION OF MINUTES
M/S: Riley/Hickey to approve the minutes of March 17, 1982 as amended.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Riley, Myers NOES: None ABSENT: None ABSTAIN: Snyder
RIGHT TO APPEAL DECISION
Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure
regarding appeal procedure.
CONSENT CALENDAR
Councilmember Hickey requested that Item 6g, Resolution adopting minority
business program for FAU Project be pulled; Councilmember Snyder requested
that Item 6i, Negative Declaration for exploratory geothermal well, Ukiah
Disposal Site, Item 6j, Resolution authorizing filing for exploratory
geothermal well grant, Ukiah°Disposal Site and Item 6o, Authorize Mayor to
appoint Appeals Board re installation of an unlisted wood burning stove in
a commercial building, Gobbi Street Feed & Fuel Company be pulled;
Councilmember Feibusch requested Item 6b, General Warrants, be pulled.
M/S: Snyder/Feibusch to approve Consent Calendar Items 6a, 6c-f 6h, 61-n
and 6p as follows: '
6a. Payroll Warrants, #18400-18538, $64,039.04; #18539-18678, $66,681.44;
#18679-18817, $65,569.06. I ~
6c. Denied claim for damages filed by Alice B. Hier and referred'to :
insurance carrier.
6d. Approved audit proposal as submitted by Emmett Jones for annual
financial audit of the City, $12,800, Revenue Sharing audit, $750 and
audit of Solid Waste Systems (City of Ukiah area, $5,000.00; outside
area and Willits, $3,500), $8,500.00.
6e. Awarded bid for 2 one ton trucks, cab and chassis only, to Lance
Motors in the total amount of $17,531.34 with factory rebate with
budget allocation from Account No. 575-5800-856, $14,000 and Account
No. 575-5800-878, $20,500.
6f. Approved grazing lease with Mr. and Mrs. Harmon for part of the City
Sanitary Disposal Site.
6h. Approved Resolution No. 82-56 authorizing execution of the right of
way certification for the Low Gap Road improvement project.
6k. Awarded bid for connectors and devices for School Street as follows:
_50-two hole compression lugs, #AL 750N to Geo. E. Honn Co. Inc. in the
amount of $304.75 plus freight; 200 copper squeezons, #302-82, 100
copper squeezon, #303-82, 100 copper squeezons, #308,82 to Maydwell
& Hartzell, Inc. in the amount of $363.06 and 50 flood seal
connectors, #FS175-5, 50 flood seal connectors, #FS175-4, 25 flood
seal connectors, #FS175-8, 50 flood seal connectors, #FS175-6,
60 flood seal connectors, #FS175-3, 960 force fit nordel sleeve,
#FSl175, 100 two hole compression lugs, #AL500N, 100 two hole
compression lugs, #AL2/0 N, 100 two hole compression lugs, #AL4/0N,
100 two hole compression lugs, #AL3OON, 50 two hole compression
lugs, #AL2strN and 50-2 Str elbows, #166RR-F6-220 to Wesco in the
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total amount of $5,256.12.
61. Authorized purchase of an electric parking enforcement vehicle from
Golden Bear Equip. Co. in the total amount of $4,536.80 if after trial
its use is determined satisfactory; if not satisfactory, then the
gas parking enforcement vehicle will be ordered from Golden Bear
Equip. Co. in the amount of $5,714.46.
6m. Approved Resolution No. 82-57 initiating proceedings for the Airport
South State Street Reorganization No. 81-10.
6n. Authorized the option of R~IF self funded health, dental, vision
care and life insurance policy with maximum City obligation of $155.00
or the actual premium, whichever is less.
6p. 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 ABSTAIN: Myers (Agenda
Item 6d only)
TIMED AGENDA - 6:35 P.M.
7a. USE OF GIORNO PRACTICE FIELD
Subject matter was continued from previous Council meetings.
City Manager stated that a request had been received from the Ukiah
Crushers Football team for the use of Giorno Field for practices.
Councilmember Snyder referred to the proposed Facility Fee Schedule and
requested that the third and fourth paragraphs be deleted and the following
added: "Only Pop Warner Football will have use of the Giorno Practice
Field at night. This is the only night use approved and will be at no
charge."
Stewart Frame, Director of Recreation and Parks, suggested Pomolita
softball field as an alternative for the Crushers to use for their practice
with the Crushers paying for the use of the lights.
A1 Bechtol of the Ukiah Lions Club related the history of the lights being
installed at Giorno Field and pointed out that the lights were installed
with the understanding that they would be used only by Pop Warner football
teams.
Rodney Mayfield, President, Ukiah Crushers, stated they have been using the
field for two years without any complaints and asked that Council consider
allowing them the use of the field due to work schedules. He further
stated the Crushers have cleaned up the facilities many times.
Ward Brannon, Cushers, expressed the team's willingness to work with the
Council to make it possible for them to be able to use Giorno Field.
M/S: Snyder/Hickey that the last two paragraphs under Anton Stadium in the
Facility Fee Schedule be deleted and the following paragraph inserted:
"Only Pop Warner Football will have use of the Giorno Practice Field at
night. This is the only night use approved and will be at no charge."
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
M/S: Riley/Snyder to direct staff to facilitate the use of Pomolita
softball field for the Ukiah Crushers.
Motion carried by unanimous voice vote.
PUBLIC HEARINGS
8a. CONTINUATION OF HAIKUKIAH PROPERTY ABATEMENT (RESOLUTION)
Planning Director stated that staff feels the project is proceeding at a
very appropriate pace, that the nuisance situation will be resolved by the
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property owner and the necessity for the abatement proceedings is no longer
valid.
PUBLIC HEARING OPENED: No audience participation. PUBLIC HEARING CLOSED.
M/S: Hickey/Riley to adopt Resolution No. 82-58 terminating abatement
proceedings for the Haikukiah property.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
8b. ZONE CHANGE APPLICATIONS FOR GENERAL PLAN
CONSISTENCY:
NO. 82-57, FAIRGROUNDS & RELATED COMMERCIAL AREA
NO. 82-58, WATER WELL FIELDS
NO. 82-64, N. OAK & SCHOOL STREETS
NO. 82-65, CLARA AVE. SOUTH
NO. 82-66, FORD & CLARA
Planning Director stated that each of the requested changes will bring the
zoning into consistency with the General Plan designation. He further
stated that Parcels 2-114-36 & 37 should be deleted from consideration as
these parcels have no access onto Oak or School Streets and would not be
appropriate for a R-1 designation. He pointed out that the PD zone is used
to reflect Public designation or City owned land but in the revised Zoning
Ordinance, a "PF", Public Facility zone will be proposed to be applied to
public lands in future zone changes.
PUBLIC HEARING OPENED:
Councilmember Riley left the meeting due to possible conflict of interest.
Harold Titen, 714 Oak Grove Rd., Redwood Valley, stated he owned parcel
2-114-69 which is now zoned C-1 and requested that the present designation
remain. He further pointed out that the parcel contains an easement for
roadways to both Oak and State Streets.
Virginia Brody, 1000 N. Oak, stated she did not have a problem with Mr.
Titen's property as long as any commercial operation does not use the
access to Oak Street.
PUBLIC HEARING CLOSED.
M/S: Snyder/Feibusch to introduce Ordinance No. 778 by title only.
Motion carried by unanimous voice vote.
M/S: Snyder/Feibusch to introduce Ordinance No. 778 amending Capter 2,
Division 9 of the Ukiah City Code by rezoning property for General Plan
consistency (Zone Change Applications Nos. 82-57, 82-58, 82-64, 82-65,
82-66) with the deletion of parcels 2-114-36 and 2-114-37; deletion of
parcel 2-114-69 owned by Mr. Titen and that access be taken only to State
Street and not come out onto Oak Street in regard to commercial use.
City Attorney was of the opinion that in regard to Mr. Titen's property,
restriction as to access could not be done through a zone change.
The maker and second of the original motion withdrew the portion relating
to access on Oak Street.
M/S: Snyder/Feibusch that it is the policy of Council that with respect to
any permits concerning Parcel 2-114-69, such permits should not include
commercial access to Oak Street.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Myers NOES: None ABSENT: None ABSTAIN: Riley
Original motion carried by the following roll call vote: AYES: Hickey,
Feibusch, Snyder, Myers NOES: None ABSENT: None ABSTAIN: Riley
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Councilmember Riley returned to the meeting.
8d. ZONE CHANGE APPLICATION NO. 82-63, UKIAH GENERAL HOSPITAL
Planning Director stated that the requested zone change from R-1 to R-3 is
consistent with the General Plan intent to designate the General hospital
property as Office Commercial.
Councilmember Riley asked, after receiving telephone calls regarding
subject matter, if the matter could be sent back to the Planning Commission
for reconsideration? City Attorney stated that the use permit and site
development permit approved by the Planning Commission were contingent upon
a zone change.
Councilmember Snyder stated she would like to have the matter reviewed by
the Planning Commission due to the number of telephone calls received and
the letter from the neighbors and felt their concerns should be taken into
consideration.
M/S: Snyder/Feibusch to send subject matter back to the Planning
Commission for reconsideration along with the letters from the neighbors in
that area.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
8d. GENERAL PLAN AMENDMENT 1982A RESOLUTION NO. 82-59
Planning Director stated the proposed General Plan Amendment will change
the area designated as "North State Office Commercial/Brush Street South
Office Commercial" from the existing Office Commercial to Commercial to
reflect the existing C-2 and C-1 zoning and provide greater flexibility for
commercial activities in this area.
PUBLIC HEARING OPENED: No audience participation. PUBLIC HEARING CLOSED.
M/S: Snyder/Feibusch to approve Resolution No. 82-59 adopting General Plan
Amendment 1982A.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
8e. VARIANCE APPLICATION NO. 82-55, EVERETT CREEKMORE
Planning Director stated that this variance application is before Council
due to a tie vote by the Planning Commission. Applicant is requesting a
variance from Section 9016 b) of the Zoning Ordinance which requires a 20
foot setback on each street side of a corner lot. Applicant proposes to
construct a two car carport in front of the existing garage on Cochrane
Street frontage decreasing the setback to 14 feet (19 feet from curb face).
Staff can find no hardsip as there are several alternatives, namely,
bringing a driveway from the frontage along the Helen Street side or with
the elimination of the covered off street parking, no covered parking would
have to be provided.
PUBLIC HEARING OPENED:
Everett Creekmore, 499 Cochrane, stated he requested the variance because
of the grade differential on Helen Avenue and the tree and flowers that
would have to be removed on Cochrane Avenue.
PUBLIC HEARING CLOSED.
It was the consensus of the Council that Agenda Item 8f be considered
before action is taken on this matter.
8f. REVISION OF ZONING ORDINANCE, NUMBER OF PARKING
SPACES REQUIRED, RESIDENTIAL USES
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Planning Director stated the Planning Commission has recommended that the
covered parking requirements for residential use be eliminated.
Mayor Myers asked what precedent had established that a Planning Commission
tie vote on matters such as this would come to Council and not be
reagendaed at a subsequent Planning Commission meeting to be resolved?
Planning Director stated that in the past, matters of this nature have
always been brought to Council.
PUBLIC HEARING OPENED:
Linda Foster, E. Gobbi, spoke in favor of elimination of covered off street
parking.
PUBLIC HEARING CLOSED.
M/S: Hickey/Feibusch to introduce Ordinance No. 779 by title only.
Motion carried by unanimous voice vote.
M/S: Hickey/Riley to introduce Ordinance No. 779 amending Division 9,
Chapter 2 of the City of Ukiah Zoning Ordinance - residential off street
parking requirements.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
8e. VARIANCE APPLICATION NO. 82-55, EVERETT CREEKMORE
Mayor Myers stated that as Ordinance No. 779 would eliminate the
requirement for off street parking, no further action was necessary on this
subject matter.
PETITIONS & COMMUNICATIONS
9a. PRESENTATION FROM HENRY MERCER, GSCHWEND ESTATE
Henry Mercer presented to Captain Maxson of the Police Department and Mayor
Myers on behalf of the Fire Department, checks in the sum of $10,000.00
each. He stated that it was Mrs. Gschwend wish that the money be used for
these specific departments and not used in the General Fund of the City.
9b. REQUEST FROM CHARLES & MARTHA BARRA TO ABANDON A PORTION
OF STREET RIGHT OF WAY ON HOPE STREET, NORTH OF STANDLEY
M/S: Snyder/Riley to adopt Resolution No. 82-60 stating its intention to
vacate a portion of a public street (Hope Street between Standley Street
and Smith Street) and that the public hearing date is set for May 19, 1982
at 7:30 P.M.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
9c. REQUEST FROM EXTENDED OPPORTUNITIES PROGRAM AND
SERVICES FOR COST REIMBURSEMENT FEE FOR PARADE 5/8/82
The request was to waive the cost for additional police officers for
subject parade.
City Manager recommended that as this parade can be viewed as a promotional
activity, that the request be sent back to the College for their review or
that the matter be referred to the Chamber of Commerce as it can be
construed as a promotional parade.
It was pointed out that there were no expenses involved in the ERA parade
for additional police officers.
M/S: Hickey/Snyder to deny the request of Mendocino College Extended
Opportunity Programs & Services.
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Councilmember Riley stated that the timing of this parade is very difficult
in that there is no time before the parade for EOPS to go to the College
Board and EOPS has no money in its budget.
Councilmember Snyder felt that as this was a College parade, the matter
should have gone through the College Board.
Motion failed by the following roll call vote: AYES: Hickey, Snyder
NOES: Feibusch, Riley, Myers ABSENT: None
M/S: Riley/Feibusch to approve the request of Extended Opportunity
Programs & Services (E.O.P.S.) to waive the parade fees.
Motion carried by the following roll call vote: AYES: Feibusch, Riley,
Myers NOES: Hickey, Snyder ABSENT: None
9d. REQUEST FROM UKIAH PLAYHOUSE TO WAIVE UNDERGROUNDING
AND CAPITAL IMPROVEMENT FEES FOR PHASE ONE
City Manager stated a request has been received from Ukiah Playhouse asking
for a waiver of some fees, although it is not clear whether the waiver is
for costs or fees. The capital fees estimated for both electric and water
service is approximately $2,975 and off site costs for the underground
extension is $28,000. He felt Council, to lessen the immediate impact on
the Ukiah Players' budget, could establish a month by month repayment of
the capital fees. He also reported that the Ukiah Valley Sanitation
District has waived the fee for their connection fees.
Charles Bell, Trustee, Ukiah Playhouse, pointed out that Council decided to
tie up City property for 25 years at virtually no cash return for a theatre
operation. He stated that over the past year, $20,000 has been collected
from the public which will be invested on the City's land; an additional
$80,000 will be coming from private bank loans. At the end of 25 years,
the improvements will revert to the City. He requested that consideration
be given to waiver of charges going to the City.
Bill Jamison, 851 Pine Ridge Road, stated, after talking to Roland Pringle
of PG&E, he felt it was a real possibility that Ukiah Players would be able
to tie into PG&E service.
Councilmember Riley questioned the proposed Low Gap Road improvement and
City Manager stated that the street will generally be reconstructed up to
Despina and it is not anticipated any sidewalks will be installed on the
south side of Low Gap.
Public Works Director stated it is his opinion that Council adopted a
policy requiring new development to install curb, gutter and sidewalks as
part of their development. City Manager pointed out the Planning
Commission does not have any authority to waive public improvement fees.
Councilmember Feibusch was of the opinion that as the building ultimately
will belong to the City, the City should be more willing to cooperate.
M/S: Riley/Hickey to waive the capital improvement fees for electricity
and water and that Playhouse Board be authorized to negotiate with PG&E to
hookup to the existing overhead temporarily until the City moves out their
underground and that the requirement for curb, gutter and sidewalk and
building inspection fees be waived.
City Manager stated there are legal and other ramifications concerning the
proposed PG&E hookup, all of which would have to come back to City Council
at a subsequent time.
Maurice Roper, Electrical Distribution Engineer, stated that the City is
obligated to serve electricity at this location. He also stated that the
City has been working with PG&E to clear the existing overhead lines and
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98
was of the opinion Council should give serious consideration to extension
of City services in that area out to the City limits.
Susan Husted, Cultural Arts Commission member, asked if Council is aware of
the Cultural Arts Commission's recommendation to support this request?
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Riley NOES: Snyder, Myers ABSENT: None
RECESS: 8:47 P.M.
UNFINISHED BUSINESS
10a. ADOPT ORDINANCE NO. 777, PARKING &
BUSINESS IMPROVEMENT DISTRICT BENEFIT ZONE
City Manager stated, although Council at its last meeting determined there
was no major protest, petitions for and against an improvement zone have
been submitted.
M/S: Snyder/Riley to adopt Ordinance No. 777 by title only.
Motion carried by unanimous voice vote.
M/S: Snyder/Riley to adopt Ordinance No. 777 establishing a parking and
business improvement district and benefit zone.
Jim Smith, 1071 Maple Avenue, spoke in opposition to creation of the
district and the increased business license fee.
Kip Spencer, Spencer Shoes, spoke in favor of the proposed district and had
received very positive response from business persons to this project.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
10b. DISCUSSION AND INTRODUCTION OF PARK ORDINANCE
M/S: Snyder/Riley to continue subject matter to May 12, 1982 at 1 P.M. at
Ukiah High School.
Motion carried by unanimous voice vote.
10c. MATTER OF ENERGY CONSERVATION AUDITOR POSITION
City Manager stated that Council should determine whether the Energy
Auditor/Advisor position should become a classified position, part time
position or be terminated when grant funds are exhausted.
M/S: Snyder/Feibusch to not create the position of Energy Auditor/Advisor.
Councilmember Snyder stated that the grant was originally accepted at the
insistence of the then City Manager and was of the opinion that grants have
strings attached to them. She was not in favor of continuing the position
as she felt it was unnecessary when PG&E offers the same service.
Councilmember Hickey asked what alternatives the City has to continue the
position under WAPA contract? Maurice Roper stated the alternatives are a
part time position or contract out for an energy auditor. Councilmember
Snyder stated another alternative would be for a member of staff to perform
the audit services.
Mayor Myers was of the opinion that the auditor has been very beneficial to
him personally as a consumer.
Mark Cagle, 840 Pomo, reported that his home was auditored with a savings
on his utility bill of 25%; pointed out that the difference in demand
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before 1980 and after 1980 must be based on conservation efforts; and there
are other qualified auditors available locally.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley NOES: Myers ABSENT: None
NEW BUSINESS
lla. RESOLUTION REQUESTING SMUD TO SEEK A SETTLEMENT
OF ITS LEGAL DISPUTE WITH THE UNITED STATES
M/S: Riley/Hickey to adopt Resolution No. 82-61 requesting the Sacramento
Municipal Utility District (SMUD) to seek a resolution of its legal dispute
with the United States to preserve the Central Valley Project.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
llb. RESOLUTION APPROVING SOUTH OAK CONDOMINIUM
TENTATIVE SUBDIVISION MAP
M/S: Feibusch/Snyder to find the Negative Declaration adequate and
complete.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
M/S: Riley/Snyder to adopt Resolution No. 82-62 approving Tentative
Subdivision Map No. 82-22 South Oak Condominiums.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
llc. RESOLUTION APPROVING PEAR TREE BUSINESS PARK FINAL MAP
Bill Beard, Assistant Director of Public Works, pointed out that, by
agreement, the street lighting system would not be installed at this time
but installed as lots are developed within the subdivision.
Councilmember Feibusch asked if Council is being asked to accept a final
map where an electrical system will be delayed and how is the City
protected as to electrical development costs as the lots are sold? Mr.
Beard stated that the electrical boxes will be studded into the sidewalk
area and conditions of approval are noted on the map.
M/S: Snyder/Hickey to approve Resolution No. 82-63 approving the Final Map
for Pear Tree Business Park.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
lid. CONSIDERATION OF ORDINANCE PROHIBITING SALE OF DRUG
PARAPHERNALIA, REFERRED BY BOARD OF SUPERVISORS
City Attorney stated the proposed ordinance has been upheld in numerous
courts as to language, definition, and meeting the argument of vagueness.
M/S: Hickey/Snyder to introduce Ordinance No. 780 by title only.
Motion carried by unanimous voice vote.
M/S: Hickey/Snyder to introduce Ordinance No. 780 adding Article 6 to
Chapter 1 of Division 7 of the Ukiah Municipal Code prohibiting the
distribution and display of drug paraphernalia.
Councilmember Riley referred to Section 6051(f) and requested clarification
with specific reference to sale of zip lock bags being in violation of the
ordinance.
Tom Crofoot, Mendocino County Supervisor, stated this type of crime deals
with specific intent and refers to a business set up specifically to sell
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100
merchandise for drug use. He further added that it is time Mendocino
County residents make a clear statement how they feel regarding a business
set up to sell drug paraphernalia.
Motion carried by the following roll call vote: AYES: Hickey, Snyder,
Riley, Myers NOES: Feibusch ABSENT: None
lle. INTRODUCTION OF ORDINANCE DEFINING HOLIDAYS WITHIN
THE MEANING OF TRAFFIC REGULATIONS
M/S: Riley/Hickey to introduce Ordinance No. 781 by title only.
Motion carried by unanimous voice vote.
M/S: Riley/Hickey to introduce Ordinance No. 781 amending Section 7008,
Article 4, Division 8 of the Municipal Code defining "Holiday" within the
meaning of Traffic Regulations.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Sndyer, Riley, Myers NOES: None ABSENT: None
llf. INTRODUCTION OF ORDINANCE AUTHORIZING ISSUANCE OF
REFUNDING BONDS BY NCPA (RFL GEOTHERMAL PROJECT)
M/S: Riley/Snyder to introduce Ordinance No. 782 by title only.
Motion carried by unanimous voice vote.
M/S: Riley/Snyder to introduce Ordinance No. 782 authorizing the issuance
of refunding bonds by the Northern California Power Agency (RFL Geothermal
Project).
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
Councilmember Feibusch requested a list of projects and financial
investment in NCPA projects.
llg. INTRODUCTION OF ORDINANCE COMBINING CULTURAL
ARTS COMMISSION AND PARK & RECREATION COMMISSION
M/S: Snyder/Riley to introduce Ordinance No. 783 by title only.
Motion carried by unanimous voice vote.
M/S: Snyder/Hickey to introduce Ordinance No. 783 revising Chapter 4
Article 1 and iA of the Municipal Code to be entitled "Parks, Recreation
and Cultural Arts Commission Ordinance".
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
llh. FORD INDUSTRIAL PARK TENTATIVE SUBDIVISION MAP
Planning Director reviewed for Council the added conditions to the
Tentative Subdivision map which include access from the property to Talmage
Road, street names be revised, Lots 1 and 2 combined to maximize railroad
useability and property owner to provide prorata share of signalization
costs at Talmage and Lin Avenue.
M/S: Hickey/Riley to adopt Resolution No. 82-64 approving Tentative
Subdivision Map No. 81-97, Ford Industrial Park.
Jack Macy, representing the development, described the particulars of the
subdivision and stated they were in agreement with all conditions except
the requirement for an access road and requested that only what is
necessary for their development be put in, that the street names stay as is
and that Lots 1 and 2 not be combined as they both have street frontage and
if someone wants railroad access, the buyer could buy both lots.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
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Iii. RESOLUTION OF ACCEPTANCE OF TERMS AND CONDITIONS ON
LAKE MENDOCINO HYDROELECTRIC LICENSE
M/S: Snyder/Feibusch to adopt Resolution No. 82-65 accepting the terms and
conditions of the order issuing a license to construct Lake Mendocino Hydro
Project FERC NO. 2841-001.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
llj. MATTER OF WIND ENERGY PROJECT
City Manager recommended that City Council establish a study session to
explore the project or if they are not interested in pursuing the project,
encourage NCPA to continue its study of wind energy.
M/S: Riley/Hickey that the City Council is not interested in participating
in the wind energy project but encourages NCPA to continue this study and
investigation of the wind energy project where the wind rights are directly
owned by the member cities.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
llk. FIELD TRIP TO GEYSERS PROJECT
City Manager requested that Councilmembers interested in this field trip
contact him.
llL. MATTER OF MTA EXTENSION JOINT POWERS AGREEMENT
City Manager requested that the Joint Powers Agreement be extended for a
period of one year instead of 5 years requested and Council request
establishment of terms of office for members of MCOG and MTA.
Bruce Richard, General Manager, MTA, reviewed for Council transit financing
and the history of the Joint Powers Agreement; he stated that 80% of the
SB325 funds are used by MTA, Ukiah Dial-A-Ride and Senior Citizens;
referred to SB2551 and requested that Council write to Assemblyman Bosco to
encourage passage of this bill as it would provide funds for streets and
roads. He was of the opinion that approval of the JPA for only one year
would infer to MTA riders that Ukiah did not care much about transit that
approval of a five year JPA would indicate; pointed out that MTA has
purchased new facilities.
M/S: Riley/Feibusch to accept the Joint Powers Agreement as recommended by
Bruce Richard and asked MTA staff to prepare an amendment for Council
review regarding term of office for officers.
City Manager stated he does not recommend a long term JPA because the
present councilmembers would not be involved in MTA decisions.
Councilmember Feibusch felt it was important to have continuity in the
agreement and suggested the JPA be for a term of 3 years.
M/S: Snyder/Hickey to amend the original motion that the Joint Powers
Agreement be for a term of 3 years.
Councilmember Riley stated she was in favor of a 5 year term for the Joint
Powers Agreement in order to provide stability and continuity for transit
services.
Amendment to original motion carried by the following roll call vote:
AYES: Hickey, Feibusch, Snyder, Myers NOES: Riley 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.
4/21/82
Page 10
CU00054
102
RECESS: 11:12 P.M.
NEW BUSINESS
llm. NEGATIVE DECLARATION FOR EXPLORATORY GEOTHERMAL
WELL, UKIAH DISPOSAL SITE (6i)
RESOLUTION AUTHORIZING FILING FOR EXPLORATORY
GEOTHERMAL WELL GRANT, UKIAH DISPOSAL SITE (6j)
Councilmember Snyder stated she has received several telephone calls
regarding this matter and expressed concern that an exploratory well would
interfere with Vichy Springs.
City Manager stated that the report of Geothermal proposes a well be sunk
at the Ukiah Solid Waste Disposal site to determine the availability of hot
water and based on this possibility, a preapplication would be filed with
the State. He further stated if the matter is not approved at this time,
another application would have to be made next year.
Councilmember Snyder felt a geologist's expertise was needed to determine
that there would be no danger to Vichy Springs. She expressed major
concern with the proposal.
Councilmember Riley stated "I feel it is pretty irresponsible to accept or
to apply for a grant that we may not accept and I think it is irresponsible
to make a decision that says that it may damage something without knowing
that it will damage something. I think that we should have at least some
basic idea before we make a decision to apply about the potential negative
affects of this. I have real problems from this from the word go: 1) that
it was on the Consent Calendar in the first place; 2) nobody who lives up
there even had any idea that it was going to be coming up. You know, that
there was no notification to the people who live around there; 3) that the
whole way that we got into the grant process is real murky to me in the
first place and 4) that there is no EIR being asked for because we don't
know we will find water or not. To me the drilling, the sinking, of the
exploratory well could have a potential damaging affect on Vichy Springs.
5) The fifth thing I don't like about this is the grant application is all
tied in with Mr. Titlow's garbage burner and I don't like the idea that we
are applying for a grant for something that we have not really agreed we
want yet."
Mark Cagle referred to the ACCESS report and felt this resource should be
investigated.
The following people spoke in opposition to the proposed project,
recommended caution and expressed a need for a geologist's report prior to
Council decision:
Bob Wallen, Mendocino College
Greg Peterson, representing the owners of Vichy Springs
Gary Ackerstrom, 1440 Meadow
M/S: Riley/Feibusch to reject the Negative Declaration for exploratory
geothermal well, Ukiah Disposal Site and rejection of authorization to file
for exploratory geothermal well grant, Ukiah Disposal Site.
Motion carried by the following roll call vote: AYES: Feibusch, Riley,
Myers NOES: Hickey, Snyder ABSENT: None
lin. GENERAL WARRANTS (6b)
Councilmember Feibusch requested clarification of Warrant No. 19738. City
Manager stated this was for registration for Councilmember Hickey and
himself to attend a conference. Councilmember Feibusch asked what Warrant
·
No. 19745, Ace Aerial Service, Inc. was for? City Manager stated it
covered three charter flights.
Reg.Mtg.
4/21/82
Page 11
103
M/S: Feibusch/Hickey to approve General Warrants, #19621-19735,
$473,060.21 and #19736-19846, $363,274.48.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
11o. RESOLUTION ADOPTING MINORITY BUSINESS
PROGRAM FOR FAU PROJECT
M/S: Hickey/Riley to approve Resolution No. 82-55 adopting a minority
business program.
Councilmember Snyder stated her objection to the proposed resolution was
that minorities were already given consideration.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Riley, Myers NOES: Snyder ABSENT: None
llp. AUTHORIZE MAYOR TO APPOINT APPEALS BOARD
RE INSTALLATION OF UNLISTED WOOD BURNING STOVE
M/S: Snyder/Hickey to authorize Mayor to appoint appeals board re
installation of unlisted wood burning stove.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
12. COMMENTS FROM AUDIENCE
Mark Cagle felt that by Council passing the resolution regarding Ford
Industrial Park, it put the nail in the coffin as far as the project is
concerned.
13. CITY COUNCIL REPORTS
Councilmember Hickey commended staff regarding the formaldehyde matter;
City Manager further added that much of the credit goes to Ted Goforth,
Deputy Director of Public Works.
Councilmember Feibusch referred to the recent recall election and the
proposal from Bruce Lord regarding market analysis to see what the
resources and potential of Ukiah is and requested that the matter be on
Council's next agenda.
Councilmember Snyder requested that Council address, at a later time, the
matter of legislation enabling the City to use Yokayo School for a civic
center.
Councilmember Riley referred to the letter from the Concilio regarding the
community garden and City Manager stated they have a five year agreement.
She further reported that a formaldehyde spill hearing will be held April
23, 1982. She requested the Traffic Engineering Committee to review the
situation at Magnolia and State due to recent accidents.
Councilmember Riley referred to SB2551 and it was the consensus of Council
to write Assemblyman Bosco to indicate Council's support of the bill.
Councilmember Snyder felt it would be nice to give certificates of merit to
the boys who reported the formaldehyde spill and the Mayor was directed to
do so.
Mayor Myers reminded Council of the Lake Mendocino Hydroelectric Project
opening preliminaries this weekend.
Mayor Myers asked if councilmembers were interested in supporting Cal Trans
bike to work day on April 30, 1982. It was the consensus of Council that
this Day be supported.
Reg.Mtg.
4/21/82
Page 12
104
Mayor Myers stated the Redwood Empire League of California Cities meeting
is May 8, 1982.
Mayor Myers stated it was good to have Councilmember Snyder back.
ADJOURNMENT - at 11:59 P.M. to May 12, 1982 at 1 P.M. at Ukiah High School.
Mary Melvin
Deputy City Clerk
Reg.Mtg.
4/21/82
Page 13