HomeMy WebLinkAboutmin 03-17-8275
MINUTES OF THE MEETING OF THE CITY COUNCIL
OF THE CITY OF UKIAH - MARCH 17, 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, Kruth, Harris, Brosig, Frame, Tillotson, Melvin.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Debbie Hennigan, Ukiah High School student, and
Councilmember Hickey led in the Pledge of Allegiance.
APPROVAL/CORRECTION OF MINUTES
M/S: Riley/Hickey to approve the minutes of March 3, 1982.
Motion carried by the following roll call vote: AYES:
Riley, Myers NOES: None ABSENT: Snyder
Hickey, Feibusch,
RIGHT TO APPEAL DECISION
Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding
appeal procedure.
CONSENT CALENDAR
M/S: Hickey/Feibusch to approve Consent Calendar Items 6a-6d as follows:
6a. Payroll Warrants, #18261-18399, $64,896.67;
6b. General Warrants, #19489-19620, $759,941.57;
6c. Approved amended Resolution No. 82-53 establishing bail schedule for
parking violations and other vehicle violations;
6d. 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: None
ADDITIONS TO AGENDA
M/S: Hickey/Riley to add Agenda Item 8a.1, Invitation from Mr. Titlow; Item
9d, Request from REMIF for City to be plaintiff to stay action of AB7X; Item
9e, Waste to Energy Study; Item 9f, Matter of Yokayo Shopping Center
(considered at last meeting 3/3/82).
Motion carried by unanimous voice vote.
PUBLIC HEARING
7a. APPEAL OF PLANNING COMMISSION ACTION, Planning Director stated
VARIANCE APPL. NO. 82-53 FILED BY the Planning Commission at
MACK MCKINLEY RE OFF STREET PARKING their February 10, 1982
REQUIREMENTS meeting by 4-3 vote denied
applicant's request for
variance from the requirement for off street parking. Applicant proposes to
enclose one half of the existing garage. He pointed out that it has been
recommended, during consideration of revision to the zoning ordinance, that
covered parking spaces be eliminated but that recommendation has not been
acted upon by Council. He was of the opinion that the revised zoning
ordinance should be to Council for its first meeting in May, 1982.
PUBLIC HEARING OPENED:
Mack McKinley, 835 Maya Way, stated his proposal would make no difference to
his current outside parking. He further stated his application was prompted
by his unsuccessful attempt to find a larger home due to the housing market.
SEE PAGE 85 FOR 2/17/82 MINUTES
Reg.Mtg.
3/17/82
Page 1
76
Linda Foster, Gobbi Street, stated applicant should be commended for coming
before Council as many convert garages into rooms without going through the
proper procedure.
PUBLIC HEARING CLOSED.
M/S: Riley/Myers to grant the appeal of Planning Commission's denial of off
street parking variance.
Council expressed concern with the time frame for the revised zoning ordinance
and final action not being taken until midsummer. It was suggested that this
particular area dealing with off street parking be considered prior to
consideration of the entire revised zoning ordinance.
Discussion followed relating to granting of variances due to hardship.
Planning Director stated that variances granted due to hardship must not be
based on economic hardship but on the physical site. It was suggested that a
possible hardship might be based on proposed changes to the zoning ordinance
that have not been acted upon.
Motion failed by the following roll call vote: AYES: Hickey, Feibusch, Myers
NOES: Riley ABSENT: Snyder
M/S: Riley/Feibusch that consideration of the Zoning Ordinance requirement
for off street parking be taken out of sequence and considered at Council's
April 7, 1982 meeting.
Motion carried by unanimous voice vote.
UNFINISHED BUSINESS
8a.1 INVITATION FROM MR. TITLOW Councilmember Riley referred
to Vichy Hills Power
Company's invitation to
Council to view the Coos
Bay waste to energy plant; expenses to be paid by Vichy Hills Power Company.
M/S: Riley/Myers to turn down the invitation.
Councilmember Riley was of the opinion that to accept this invitation from the
proponents was inappropriate as it would compromise Council's position and if
Council were to go see the Coos Bay operation, they should pay their own
expenses.
Charles Williams, Ukiah, stated he has plans for a recycling center and asked
that councilmembers give him equal time and view the recycling operation in
Santa Rosa.
Gilbert Ashoff, Masonite, stated that Council could view their burner
operation.
Motion failed by the following roll call vote: AYES: Riley NOES: Hickey,
Feibusch, Myers ABSENT: Snyder
8a. MATTER OF SEWER LINE REQUIREMENTS, The information requested
LOHR AND SHAPIRO at the last meeting was
provided by the Public Works
Director. He also stated that adjacent property owners are not interested at
this time in participating in the sewer line project.
M/S: Hickey/Riley to grant appeal of Lohr/Shaprio regarding installation of .....
an 11 foot sewer line. ~
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Riley, Myers NOES: None ABSENT: Snyder
Reg.Mtg.
3/17/82
Page 2
77
8b. USE OF GIORNO PRACTICE FIELD
to Council's April 7, 1982 meeting.
Motion carried by unanimous voice vote.
M/S: Riley/Hickey to
continue subject matter
8c. RESOLUTION AUTHORIZING EXECUTION OF M/S: Hickey/Feibusch to
AGREEMENT WITH COUNTY CHAMBER OF COMMERCE adopt Resolution No. 82-54
FOR FISCAL YEAR 1981-82 authorizing execution of an
agreement with the Mendocino
County Chamber of Commerce for the fiscal year 1981-1982 and authorizing Mayor
to execute said agreement.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Riley, Myers NOES: None ABSENT: Snyder
NEW BUSINESS
9a. INTRODUCTION OF PARK ORDINANCE City Manager stated an
ordinance has been prepared
by Ukiah High School student
committee in an attempt to solve the problems and potential problems within
the park system. He commended the students for their work on the ordinance.
Stewart Frame, Parks and Recreation Director, stated that the ordinance has
been reviewed by staff and approved by the Parks and Recreation Commission.
He introduced the Ukiah High School students who worked on the ordinance.
It was the consensus of Council that particular areas of concern within the
ordinance be redrafted and brought back for Council review. Those sections
are:
Section 1966, Hours of use;
Section 1976, Regulation of dogs and other animals;
Section 1979, Throwing projectiles;
Section 1980, Possession of hatchets, other cutting devices;
Section 1985, Certain metal demonstration equipment prohibited;
Section 1986, Certain wooden demonstration equipment prohibited;
Section 1989, Climbing trees, walking, sitting on fixtures;
Section 1992, Decorations;
Section 1993, Alcoholic Beverages.
M/S: Riley/Feibusch to continue subject matter thirty days.
Motion carried by unanimous voice vote.
Mayor Myers thanked the Ukiah High School Students who worked on the proposed
park ordinance: David Roach, Tonya Sparkes, Suzie Shippey and Debbie
Hennigan. Ardis Campbell, Ukiah High School Leadership instructor, felt her
students, through work on this ordinance, received insight into what
government action is like.
RECESS: 7:40 P.M.
PUBLIC HEARING
7b. PROPOSED ESTABLISHMENT OF A PARKING City Attorney stated, in
AND BUSINESS IMPROVEMENT DISTRICT response to a possible
AND BENEFIT ZONE conflict of interest as
recently reported in the
Ukiah Daily Journal
and after review of State
law, it is not certain that Councilmember Feibusch is barred from voting nor
is it clear he would be in violation of State law. He is of the opinion that
Councilmember Feibusch could be determined to be in violation if the matter
were presented to the Fair Political Practices Commission or court action were
brought; he further pointed out that the intent of the law regarding public
Reg.Mtg.
3117182
Page 3
78
officials is that one must not only avoid doing wrong but avoide the
appearance of wrong doing as well. The City Attorney's advice to
Councilmember Feibusch was that he not participate in voting or other action
which might influence the decision. Concern has been expressed that
Councilmember Feibusch's vote in setting the proposed improvement district for
hearing was a violation of State law. It is his opinion that Councilmember
Feibusch acted in good faith and was not in violation.
Councilmember Feibusch read the following statement and requested that it be
made a part of the record:
"An old German proverb says "The most honorable cannot live in peace if
it does not please his wicked neighbor."
On March 3rd of this year I voted to set a public hearing date to
consider the formation of a parking and improvement district, which was
requested by the downtown merchants. There is no personal benefit involved
for me in giving the public their right to speak.
We hear a lot about volunteerism these days coming out of Washington.
On March the 14th, while I spent another morning working with the
downtown merchants on the volunteer School Street project, Mr. Tony Huegel
spewed his venom in the Ukiah Daily Journal, hinting at conflict of interest.
My family and I moved to Ukiah 35 years ago, when it was a serene little
town, void of evilminded newsmedia bigots. My first participation in a
volunteer project was the building of Anton Stadium under the leadership of A1
Anton. In 1967 I spearheaded the building of the Dolphin pool in the City
park, donating hundreds of hours of my labor.
In 1968 I sold the land for the Vinewood Park to the City at a ridiculous
price and paid more than a third of the cost of the Elm Street break through.
In 1976 I volunteered my labor supervising the construction of the Gazebo
in the City Park, donated to the City by the Redwood Empire Lions Club.
In 1977 I donated to the City a perpetual water rights belonging on a
piece of property I owned on North State Street. At present day water cost
that amounts to $2,620 a year. How many years might perpetuity be?
T' paid 1/3 of the closing costs for the acquisition of the parking lot
behind the old Penney's building.
The current downtown improvement project which I spearheaded for the
merchants, represents hundreds of dollars of personal cash outlay and donated
labor, and it is only the beginning.
I have been engaged in the revitalization of four old, dilapidated
downtown buildings and converted them to become assets of downtown. I have in
fact been called a one man redevelopment agency.
If anybody can ever prove that I have gained personal benefit from my
position on the City Council I invite him to come forward with his facts.
Let me use a quote from the late Adlai Stevenson: "He who slings mud
looses ground" and I think our little reporter is over his head in a great big
pile of pomme de cheval."
City Manager-stated that several merchants requested that a public hearing be
held to determine if a majority of the merchants would like to impose a fee
upon themselves that they could use once it is collected for the promotion of
the downtown area. Determination must be made at this hearing as to whether
Reg.Mtg.
3/17/82
Page 4
79
or not there is a majority protest based on the amount paid in business
license fees within subject benefit area.
PUBLIC HEARING OPENED:
Those who spoke in opposition:
James Smith, Cox Motors
Richard Hanson, Palace Place
Philip Woodard, Blimpies
Glen Gonzales, Ukiah Rexall
Those who spoke in favor:
Gary Engle, The Alternative
Mike Kelley, Wine
Kip Spencer, Spencer Shoes
Clyde Oakes, The Jewelry Store
Steve Green, Grapevine
Bruce Poma, Poma TV
Bransom, Bransom Apparell
PUBLIC HEARING CLOSED.
City Manager determined, based on merchants who spoke in opposition, it would
be appropriate for Council to make a no protest finding.
M/S: Riley/Hickey to find no valid protest for establishment of a parking and
business district and benefit zone.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Riley, Myers NOES: None ABSENT: Snyder
M/S: Riley/Hickey to introduce Ordinance No. 777 by title only.
Motion carried by unanimous voice vote.
M/S: Hickey/Riley to introduce Ordinance No. 777 establishing a parking and
business district and benefit zone.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Riley, Myers NOES: None ABSENT: Snyder
NEW BUSINESS
9b. EXTENSION OF RESIDENTIAL ENERGY M/S: Hickey/Riley to
CONSERVATION AGREEMENT authorize City Manager
to execute modification to
the Ukiah Conservation Program Agreement with NCPA.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Riley, Myers NOES: None ABSENT: Snyder
9c. MATTER OF OPENING SUN HOUSE M/S: Riley/Hickey to
DURING ABSENCE OF CURATOR appoint two Sun House
volunteers, Billie Smith and
Beverly Carter, to be responsible for keeping the Sun House open during the
absences of the Sun House Curator.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Riley, Myers NOES: None ABSENT: Snyder
City Manager pointed out that the volunteers will be bonded.
9d. REQUEST FROM REMIF FOR CITY TO BE City Manager stated that
PLAINTIFF TO STAY ACTION OF AB7X REMIF has requested
authorization to name the
City as plaintiff in filing a Writ of Mandamus to stay the action of AB7X. He
further stated there will be no cost to the City.
M/S: Hickey/Feibusch to authorize REMIF to name Ukiah as plaintiff to stay
the action of AB7X.
Reg.Mtg.
3/17/82
Page 5
8O
Motion carried by 3-1 (Riley) voice vote.
9e. WASTE TO ENERGY GRANT APPLICATION M/S: Hickey/Riley to
authorize City Manager to
pursue a joint project with either the County Agriculture Department or
Mendocino Community College to make application for grant funds for waste to
energy if action is deemed warranted after consultation with the two agencies.
Motion carried by unanimous voice vote.
9f. APPEAL OF MINOR SUBDIVISION CONDITION- Councilmember Hickey stated,
YOKAYO SHOPPING CENTER after conferring with the
City Attorney, that he has
asked that the subject matter be reconsidered and he would abstain from
discussion and voting. Councilmember Hickey left the room.
M/S: Riley/Feibusch 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.
City Attorney stated it is his opinion that Councilmember Hickey should
abstain from any matter that Mr. Cox has a direct interest in. He pointed out
that Council's action tonight is a reaffirmation of the action taken by
Council at its March 3, 1982 meeting regarding subject matter.
Motion carried by the following roll call vote: AYES: Feibusch, Riley, Myers
NOES: None ABSENT: Snyder ABSTAIN: Hickey
Councilmember Hickey returned.
COMMENTS FROM AUDIENCE
Ron Gluckman requested a copy of City Attorney's opinion regarding conflict of
interest, Councilmember Feibusch's statement and asked for explanation of the
definition of general public as property owners in regarding to the
improvement district and benefit zone. City Attorney stated general public
refers to property owners as well as all other people residing in the
district.
CITY COUNCIL REPORTS
Councilmember Hickey expressed his appreciation to councilmembers and members
of staff for their kind expressions of sympathy during the loss of his
mother-in-law.
Councilmember Feibusch asked how the trip to Coos Bay would be arranged? City
Manager requested that those interested in attending provide him with the
dates they would be available to make the trip.
Councilmember Riley stated that the material prepared by Linda Wickert for
children was very nice. She asked for clarification of Warrant No. 19550, PCB
Assay. Councilmember Riley gave each councilmember a letter from Art Kramer,
County Parks and Recreation Director regarding recycling.
Mayor Myers stated the Citizens Committee to support the bond issue for Lake
Mendocino Hydroelectric and Substation projects met March 10 and March 15,
1982 and requested that Councilmembers provide him with the names of any other
people who would like to serve on this committee. Mayor Myers pointed out
that contained in a communication from State Legislator H. L. Richardson, was
a reference to a former Ukiah High student, Miss Grothe.
ADJOURNMENT - 9:20 p.m. - to Executive Session.
Mary Melvin
Deputy City Clerk
Reg.Mtg.
3/17/82
Page 6