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MINUTES OF THE MEETING OF THE CITY COUNCIL
OF THE CITY OF UKIAH - MARCH 3, 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, Riley, Myers; Councilmembers absent: Snyder. Staff present:
Payne, Orchard, Beard, Harris, Roper, Shepard, Tillotson, Melvin.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Councilmember Riley and Councilmember Feibusch led in
the Pledge of Allegiance.
APPROVAL/CORRECTION OF MINUTES
M/S: Riley/Hickey to approve the minutes of February 17, 1982 as amended.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: Snyder
RIGHT TO APPEAL DECISION
Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding
appeal procedure.
CONSENT CALENDAR
M/S: Feibusch/Hickey to approve Consent Calendar Items 6a-6e as follows:
6a. Payroll Warrants, #18122-18260, $63,146.39;
6b. General Warrants, #19412-19488, $747,892.72;
6c. Set March 17, 1982 as the Public Hearing date for the appeal of
Planning Commission action filed by Mack McKinley, Variance No. 82-53;
6d. Denied claim for damages by Arden & Shirley Sauls and referred to REMIF;
6e. Approved Report of Administrative Actions & Proposals (R.A.A.P.)
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: Snyder
ADDITIONS TO AGENDA
M/S: Riley/Hickey to add to the Agenda under Public Hearings the matter of
Haikukiah abatement; add under Executive Session as lla discussion of agreement
for operation of Sun House Museum and add Agenda Item 8c, Approval/Disapproval of
bequest of Clara Gschwend.
Motion carried by unanimous voice vote.
PUBLIC HEARING
CONTINUATION OF HAIKUKIAH PROPERTY ABATEMENT HEARING
PUBLIC HEARING OPENED:
Mike Shapiro, Owner, stated they have changed the name of Haikukiah to Victory
Theatre and expect the first phase of the project to be completed by September 1,
1982.
M/S: Feibusch/Hickey to continue Haikukiah property abatement hearing to April
7, 1982.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: Snyder
UNFINISHED BUSINESS
7a. COST RECOVERY METHOD THROUGH BENEFIT AREA,
LOHR SEWER
Mike Shapiro, developer, expressed the opinion that any additional costs to this
project is an imposition. He was of the opinion, after consultation with an
attorney, that the requirement set forth in staff memo dated May 19, 1981 was
still valid and he should not be required to install an 11' sewer line.
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City Manager referred to Council action at its last meeting when it was
determined that the developer would pay up front the full cost of the
installation and referred to the Director of Public Works' memorandum of February
26, 1982 recommending that the City contribute $1,100, one-fourth of the
estimated cost, toward the added cost of the sewer line.
M/S: Hickey/Riley to reconsider Lohr sewer matter.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: Snyder
A copy of applicant's legal opinion was requested for Council to review. Mr.
Shapiro was of the opinion such review would cause further delays to his project.
M/S: Riley/Feibusch to require Mr. Shapiro and Mr~ Lohr to follow the
requirements of the May 19, 1981 memorandum and put in a 6" line to drain the
parcels at Barnes and the parcels behind that parcel on the south side of the
creek.
City Council concerns related to the fact that staff's request was not a
reasonable one to impose on the applicant, staff did not come back with a
repayment plan as directed and applicant was not given straight forward
information. City Manager pointed out that general information is provided
initially but if Council desires that more specific information be given at the
beginning of a project this could be done.
Motion failed by the following roll call vote: AYES: Feibusch, Riley NOES:
Hickey, Myers ABSENT: Snyder
M/S: Feibusch/Hickey to agenda subject matter for Council's March 17, 1982
meeting and in the meantime work out with the adjoining property owners, as well
as the developer, a final resolution.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: Snyder
7b. RESOLUTION OF INTENT TO ESTABLISH PARKING AND
BUSINESS IMPROVEMENT DISTRICT AND BENEFIT ZONE
M/S: Hickey/Feibusch to adopt Resolution No. 82-51 of intent to establish a
parking and business improvement district and benefit zone.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: Sndyer
NEW BUSINESS
8a. APPEAL OF MINOR SUBDIVISION CONDITION,
YOKAYO SHOPPING CENTER
Planning Director stated owners of a portion of Yokayo Shopping Center are
proposing a 3 lot split in this area. He reviewed a map showing 3 alternate
routes for the extension of Main Street and explained how each proposed route
would impact the properties. Applicant is asking for a clear definition of where
the roadway will go. It was pointed out that alternate No. 1, the straight
extension of Main Street, is no longer feasible as development has occurred in
that area.
Jack Cox, 551 Doolin Canyon Road, reviewed history of Council action on the
proposed Main Street extension. He pointed out there are three different
accesses to the property. In his opinion, Council has no right to request
dedication of a roadway.
City Council reviewed the three alternate routes and a 4th route, Apple to Gobbi,
Was offered as a proPosed alternate No. 4.
M/S: Hickey/Riley to abandon Alternate #1, straight extension to Main Street,
and adopt Alternate #4, Apple to Gobbi.
The maker and second of the motion agreed to withdraw their motion after it was
pointed out that action on the appeal must take place first.
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M/S: Hickey/Riley to uphold appeal of street dedication for minor subdivision in
Yokayo Shopping Center and refer Alternative #4, Apple to Gobbi, to Public Works
Department for research.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: Snyder
RECESS: 8:10 P.M.
UNFINISHED BUSINESS
7c. REVIEW OF EDUCATIONAL MATERIAL
REGARDING ANNEXATION
City Manager stated the draft letter regarding annexation is for Council
information and no action is needed.
City Council made the following suggestions: 1) Include a statement that the
City provides urban services and the County provides rural services; 2) The
letter should be more specific; 3) Boundaries should be adopted for a first phase
of annexation and suggested Ackerman Creek north to Boonville Road south with
division of that general area into smaller sections; 4) There is a need for
councilmembers to spend time pursuing annexation; and 5) Individual educational
approach is important.
M/S: Riley/Feibusch that the annexation letter be rewritten specifically for
Alexander Estates and another letter be sent to commercial owners along North
State Street to Fire Station No. 2 with educational elements of commercial
annexation and that the first phase of annexation include Ackerman Creek north to
Booneville Road south. ~'
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: Snyder
7d. CONSIDERATION OF PROPOSED PARK AND
RECREATION FACILITIES REPORT
City Manager stated that Councilmember Snyderhad expressed a concern to Council
regarding subject report and has proposed that the use of Giorno Field be used by
Pop Warner Football at night only.
Red Wright, Chairman, Recreation Commission, did not feel the use of Giorno field
should be tied to Pop Warner only. After it was pointed out that the Lions Club
had installed the lights to be used by Pop Warner only, he stated he had no
objection to the amendment.
Stewart Frame, Parks and Recreation Director, pointed out that if the amendment
is added to the facility fee schedule, the Crushers, an adult team, will not have
a place to practice.
M/S: Riley/Hickey to approve the Facility Fee Schedule with the exception of the
Giorno practice field issue which is to be held in abeyance for Councilmember
Snyder's return.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: Snyder
NEW BUSINESS
8b. REPORT ON FIRE DAMAGE AT SHELL PROJECT II
City Manager stated that it was reported at the NCPA meeting that there is a
possibility that one-half of the plant will be on line in October with the
potential that the rest of the plant will be operating the last part of December.
In response to Councilmember Feibusch's question at Council's last meeting,
Councilmember Hickey reported that the contract with Shell does not contain a
clause relating to requiring the City to buy steam whether it can take it or not.
In answer to a question regarding the City putting up money, City Manager stated
that additional costs will be paid by the City as power is purchased from the
project.
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8c. ESTATE OF CLARA GSCHWEND
City Attorney stated subject estate provides two bequests of $10,000 each to the
Police Department and Fire Department.
M/S: Riley/Hickey to adopt Resolution No. 82-52 accepting bequests under the
Estate of Clara Gschwend, Deceased, Mendocino County Superior Court No. 18381.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: Snyder
COMMENTS FROM AUDIENCE
Mark Cagle asked if Council would be receptive to annexation of York Estates.
City Manager stated that this must be handled at staff level.
CITY COUNCIL REPORTS
Councilmember Hickey asked if a response is needed to the questionnaire sent by
Latino Concilio? City Clerk stated a response was requested.
·
Councilmember Hickey reported on the California Municipal Utilities Association
meeting and insight received into alternate forms of energy.
Councilmember Riley asked if the City Manager needed a copy of Time Management
Seminar information? City Manager stated he already had a copy.
Councilmember Riley reported on two letters received from her constituents: One
was opposed to the Abrahams development and the other dealt with the Chamber of
Commerce.
Councilmember Riley reported it was nice to get a copy of the new General Plan.
Councilmember Riley referred to letter from Sierra Foothills requesting a
resolution directed to PUC for price rollback. No action was taken.
Mayor Myers stated he was pleased to receive the General Plan. He thanked City
Clerk for the letters sent to Senator Keene, Governor Brown, to residents of
Munson-Hastings subdivision welcoming them to the City and to members of the
Citizens Committee to support bond issue for Lake Mendocino Hydroelectric and
Substation projects. He stated the Citizens Committee will meet March 10, 1982
at 7:00 P.M. at the Municipal Clubhouse.
ADJOURNMENT - 9:12 P.M. - to Executive Session.
The City Council reconvened and took the following action:
EXECUTIVE SESSION
lla. AGREEMENT FOR OPERATION OF SUN HOUSE MUSEUM
M/S: Riley/Feibusch to authorize Mayor and City Clerk to sign the agreement with
the Curator for the operation of the Sun House Museum.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: Snyder
ADJOURNMENT -
Mary Melvin
Deputy City Clerk
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