HomeMy WebLinkAboutmin 01-06-82MINUTES OF THE ~ETING OF THE CITY COUNCIL
OF THE CITY OF UKIAH - JANUARY 6, 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, Johnson, Frame, Shepard, Gutierrez, Melvin.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Mayor Myers and Councilmember Snyder led in the
Pledge of Allegiance.
APPROVAL/CORRECTION OF MINUTES
M/S: Snyder/Riley to approve the minutes of November 30, 1981 as amended
and the minutes of December 2, 1981.
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 Agenda Items 6h and 6j be pulled.
M/S: Hickey/Feibusch to approve Consent Calendar Items 6a-g and 6i as
follows:
a. Payroll Warrants, #17418-17558 in the amount of $68,858.82;
#17559-17700 in the amount of $69,676.37;
b. General Warrants, #18859-18984 in the amount of $207,286.35;
#18985-19058 in the amount of $635,450.21;
c. Approved Resolution No. 82-39 indicating intent to participate in cost
of installing protection devices at Talmage Road crossing of the
Northwestern Pacific Railroad;
d. Approved consolidation of jail facilities with County;
e. Approved Resolution No. 82-40 accepting the negotiated exchange of
property tax revenues for the Airport-South State Street Reorganization
(No. 81-10);
f. Awarded bid to Cox Motors of Ukiah for one (1) four-door midsize sedan
in the amount of $8,739.17 including sales tax;
g. Denied claim for damages of Charles & Shirley Beauchamp and referred
the matter to the City's insurance carrier;
i. Approved NCPA Joint Powers Agreement amendment.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
Mayor Myers stated that Agenda Items 6h and 6j would be considered under
New Business.
PETITIONS & COMMUNICATIONS
8a. PRESENTATION OF PETITION BY MENDOCINO COUNTY
COALITION FOR THE ERA
Lucy Mason, Hopland, requested that Council pass a resolution giving their
support to the ERA and that telegrams be sent to President Reagan and to
the governors of the five unratified states. She read for Council the
resolution passed by the Mendocino County Board of Supervisors.
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M/S: Riley/Feibusch to approve Resolution No. 82-43 supporting the
ratification of the Equal Rights Amendment.
Councilmember Hickey stated he strongly believed in equal rights for both
men and women but pointed out that councilmembers were elected to the
Council to attend to the business of Ukiah and to take action on a matter
that does not directly bear on the welfare of the City would be inappropriate.
Councilmember Riley stated that the ERA does affect the Ukiah residents'
right s.
Councilmember Snyder supported the proposed resolution but requested that
it be amended as follows: Third paragraph to read: "WHEREAS, many state
statutes are contradictory and ineffective in rendering fairness toward
males and females; and". Fifth paragraph to read: "WHEREAS, some people
in America have consistently and historically been the victims of
discrimination in the political, social, occupational, financial, military,
educational and criminal justice systems." The maker and second of the
motion were agreeable to the amendment proposed.
Motion carried by the following roll call vote: AYES: Feibusch, Snyder,
Riley, Myers NOES: Hickey ABSENT: None
Carol Park, ERA representative, requested that Council inform the governors
of the five unratified states and President Reagan of their action.
M/S: Snyder/Riley that a letter regarding Council's action be sent to
President Reagan and to the governors of the five unratified states
together with a copy of the resolution approved by Council.
Motion carried by unanimous voice vote.
NEW BUSINESS
9a. SCHOOL STREET UNDERGROUND PROJECT
City Manager stated that as the contractor has completed the installation
of the underground conduits, the second phase is scheduled to begin with
the pulling of primary cables, setting transformers, switches and making
the required connections to individual businesses. He further stated that
it has been his understanding, because of the nature of the electric utility,
that City staff would provide labor and equipment during this phase and if
Council wishes staff to proceed, the City Manager should be authorized to
sign the project approval request.
M/S: Hickey/Snyder to authorize the City Manager to sign the Project
Approval Request.
Councilmember Riley stated, she did understand the contractor's issues but
based upon the City Attorney's opinion regarding the nature of legislation
dealing with the City's proprietary rights as the owner of an electrical
utility not being restricted by the competitive bidding procedure, she
would vote in favor of the motion.
Councilmember Feibusch was of the opinion that the City should not be in
competition with private enterprise but since this has been planned for a
long time and it was anticipated that City forces would do the work, he
would vote in favor of the motion. He stressed that this must be the last
time the City goes into competition with private enterprise.
George Davis, Mendocino Builders Exchange, stated local contractors would
like the opportunity to bid on this portion of the project and felt approval
by Council would be~a violation of government code sections dealing with
force accounts and the use of public funds.
Councilmember Hickey asked if the City had the money to pay for this phase
if it went out to bid? City Manager stated he could not recommend that
this proceed if it is not done by force account. If the Council chose to
proceed by call for bid, they could anticipate not proceeding with the
project until the next fiscal year.
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Councilmember Feibusch felt that the City Manager's statement assumed that
the cost would be higher if the job were done by private enterprise. He
further stated that the materials for the project had already been
purchased and Council is dealing only with labor. He suggested that local
contractors get a 9ariance from the Davis-Bacon Act in order to establish
local prevailing wage rates rather than using Bay Area wage rates.
Ed Busch, Busch Electric, objected to the City making the required
connections to individual businesses. Director of Public Works stated that
business owners are responsible for the work done on their own buildings.
Councilmember Snyder questioned the use of City staff for labor. City
Manager stated the City does not have the cash flow to pay for the project
or any additional costs involved. Director of Public Works stated this
project requires specialized work and there are not many contractors in
this area who could handle the cable. He pointed out that when the project
was proposed, Council was advised that this type of work could be done by
City staff during the winter months. Councilmember Snyder felt the
project should be put out to bid and did not see a problem with delay of
the project since closure of the jail facility could provide more funds.
City Manager stated the electric utility is an enterprise fund.
George Pinnell, Ukiah, did not feel it would be advantageous to go to bid
on this project but did want the opportunity to bid in the future.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Riley, Myers NOES: Snyder ABSENT: None
PUBLIC HEARING - 7:00 P.M.
7a. HAIKUKIAH PROPERTY ABATEMENT
City Manager stated, as contained in Planning Director's December 31, 1981
memo, the Council has three alternate actions available: 1) drop the
matter completely and declare the buildings not hazardous; 2) adopt a
resolution ordering the structures abated by the City after 30 day notice
to the property owner; or, 3) continue the public hearing to a specific
time to receive further input on the project.
Planning Director recommended that Council continue the matter to March 3,
1982 so that the Site Development Permit application can be reviewed by the
Planning Commission at their January 13, 1982 meeting. He felt any other
action taken would not be appropriate because of the effort being made by
applicants. He further stated that if by March 3 abatement is necessary,
Council could approve the resolution, property owners would be noticed and
thirty days after that notice, the property would be abated.
PUBLIC HEARING OPENED:
No audience participation.
M/S: Riley/Hickey to continue Haikukiah property abatement public hearing
to March 3, 1982.
Councilmember Snyder stated there is a definite hazard and expressed
concern that there is no assurance the property is actually sold and
Council could be delaying a process that they would end up doing anyway.
M/S: Snyder/Feibusch to amend the original motion by continuing Haikukiah
property abatement public hearing to February 3, 1982.
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, Sndyer, Riley, Myers NOES: None ABSENT: None
NEW BUSINESS
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9b. CONSIDERATION OF AGREEMENT WITH CADDY MATE GOLF ASSOCIATION
Parks and Recreation Director Frame stated that the proposed Caddy Mate
Golf Association agreement would allow discounts for all golfers at all
participating courses. He further stated that members of the association
would be allowed 50% off the green fee once each quarter of the year.
Councilmember Feibusch stated his main concern was financial risk on the
part of the City. Parks and Recreation Director stated that only those
planning to travel to other golf courses would sign up and felt this was an
opportunity for increased revenues and use of the City golf course.
M/S: Snyder/Hickey to approve contract with Caddy Mate Golf Association.
Motion carried by the following roll call vote: Hickey, Feibusch, Snyder,
Riley, Myers NOES: None ABSENT: None
9c. CONSIDERATION OF GRANT APPLICATION FOR
SUN HOUSE FROM INSTITUTE OF MUSEUM SERVICES
Linda Wickert, Sun House Director, requested that Council approve a $5,000
grant proposal to the Institute of Museum Services and proposed the grant
be used to employ a part time, temporary curatorial assistant, to
supplement operational expenses associated with conservation activities and
to maintain and resurface the hardwood floors in the Sun House. She
further added that no additional funding is required from the City.
Councilmembers Hickey and Riley congratulated the Sun House Director on a
well prepared application.
M/S: Riley/Hickey to approve grant application to Institute of Museum
Services and authorize the Mayor to sign the application.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
RECESS: 7:35 P.M.
9d. APPOINTMENT OF ARCHITECTS: CIVIC CENTER FACILITY
City Manager reviewed the process to date regarding the proposed Civic
Center facility.
M/S: Riley/Snyder to continue subject matter for review of short term
alternatives to the City Hall space problems.
Councilmember Riley stated that a Civic Center site had been approved but
felt a City Hall was a long.term solution' and short term solution should be
considered, financial problems must be solved and she was not sure the City
is financially able to go ahead with a City Hall at this time.
Councilmember Feibusch stated he was in favor of postponing a decision on
this matter and requested that the City Manager verify how long the
proposals submitted would be honored, that financing available be
investigated and investigation made of the certificates of participation
mentioned by the architectual firms.
Councilmember Riley stated the intent of her motion was that financing
available be investigated.
City Manager requested that the matter be continued to following the
Executive Session. It was the consensus of Council that the matter be
continued as recommended.
9e. FACILITIES REPORT~ RECREATION & PARK DEPARTMENT
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5O
City Manager stated Council referred to staff the matter of fees and
application procedure for City owned facilities and to develop clear cut
guidelines for their use.
Councilmember Riley felt the report should first be reviewed by the
Recreation Commission.
M/S: Riley/Hickey to send the Facility Report to the Recreation Commission
for their review before Council action is taken.
Councilmember Feibusch asked if the various organizations that use the
Municipal Clubhouse free could be charged a clean up fee? Parks and
Recreation Director Frame stated that the organizations allowed to use the
Clubhouse free are all responsible groups and there has never been a
complaint regarding the clean up by these groups.
Motion carried by unanimous voice vote.
9f. AUTHORIZATION TO DEPOSIT WITH U.S. TREASURY
FUNDS FOR MENDOCINO HYDRO PROJECT FOR SERVICES
City Manager stated that the Corps of Engineers has requested the City to
deposit $30,000 to cover their estimated costs for their work on this
project. It is requested, since the work will extend over a period of 12
to 18 months and the difficulty with City cash flow, that the City ask the
~Corps to agree to $10,000 deposit now with additional deposits supplied as
they are depleted.
M/S: Snyder/Hickey to authorize the deposit of $10,000.00 with the
Treasurer of the United States for Corps of Engineers' work on Lake
Mendocino Power Project and that the Corps be asked if they would be
~agreeable that the remaining deposits be in stages as required.
Councilmember Riley asked if this amount is all the Corps will require from
the City? Director of Public Works stated that there is no guarantee but
this is the Corps' best estimate.
City Manager suggested that Council authorize $30,000 at this time with the
understanding that only $10,000 is deposited now so the matter need not be
brought back. No action was taken by Council.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
9g. REQUEST BY VICHY HILLS POWER COMPANY FOR
ANNEXATION OF PROPERTY SANITARY DISPOSAL SITE
City Manager stated that Vichy Hills Power Company has requested annexation
of approximately 10 acres of sanitary landfill site for utilization of
their refuse fired power plant project. The Public Works and Planning
Departments are recommending that the annexation area be increased to 20
acres. He further stated that the significance of the City proceeding with
this annexation is that it would properly provide lead agency status for
the City on any development at that site.
Councilmember Feibusch asked what the maximum limit on annexation of
noncontiguous acreage is? City Manager stated that City is allowed to
annex 160 acres. Councilmember Feibusch suggested that a larger area be
annexed to receive additional benefits. Director of Public Works stated
that 60 acres have already been annexed and this annexation is an
additional 20 acres. City Attorney stated that in the event the 160 acres
is not used up, Council could reconsider annexing additional area at the
landfill site.
M/S: Riley/Snyder to continue subject matter to Council's January 20, 1982
meeting.
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Councilmember Riley stated she had concerns with the proposed use of this
land and requested the matter be continued for further investigation. City
Manager pointed out that annexation is the first step in a long process and
that no negotiations or lease for the land have taken place yet.
Councilmember Riley was of the opinion that with approval of the annexation
it could be construed that Council is in support of the proposed project.
Ed Titlow, Vichy Hills Power Company, Inc., stated that the process of
obtaining all necessary permits is a tedious one. He stated that time is
of the essence and that no negotiations can take place until the annexation
goes through. He pointed out that annexation will establish Ukiah as the
lead agency. He reported that earlier concern had been expressed regarding
dioxane and tests conducted by EPA have shown no such problem.
Mayor Myers felt approval of annexation would still give councilmembers
ample time to review all necessary information as far as the project is
concerned.
Motion carried by 3-2 (Feibusch, Myers) voice vote.
9h. RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP,
FOR CONDOMINIUMS, VILLAGE SPRING, WABASH AVENUE
Planning Director Harris stated that the Planning Commission at its October
28, 1981 meeting approved an 11 unit residential condominium which included
a variance from the recreational vehicle storage requirement. At the time
of Commission approval, there was concern regarding consistency with the
existing General Plan as the amended General Plan had not been approved.
The amended General Plan designates this property High Density Residential
and does correspond to the existing designation. Staff believes the
project appropriate but is concerned with the allowance of on street
parking to meet the parking requirement.
M/S: Riley/Hickey 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/Hickey to adopt Resolution No. 82-42 approving Tentative
Subdivision Map No. 82-15 for Village Spring Condominium.
Councilmember Hickey asked what assurance there is that only 50% of the
guest parking would take place on the street and that no recreational
vehicles will be put on the street? Planning Director stated the only
assurance would be during the CC&R review as a part of the overall final
map processing.
Councilmember Snyder has found through ownership of condominiums that a
majority of people who own condominiums also own recreational vehicles.
She felt that with no provision for recreational vehicle storage that
problems would be created for the Police Department and for the people
living in that area.
M/S: Snyder/Hickey to amend original motion to eliminate on street parking
and to add recreational vehicle parking back into the plan.
Planning Director stated if there are changes to the map, he would suggest
that it go back to staff and applicant so that Council's concerns can be
taken care of. He poi_~nted out that to modify the map would be difficult
and any changes to the map would have an effect on the use permit.
Discussion was had regarding location of recreational storage within the
project.
Howard Bashford, representing applicant, stated he shared Council's
concerns regarding ~arking. The developer does not want any recreational
vehicles stored on the property and the CC&Rs will cover that. He reported
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there are presently 24 parking spaces available for the 11 units and this
exceeds the requirements. In addition, there is room for 6 vehicles on the
street. He pointed out that if one unit is eliminated to provide
recreational vehicle storage, the price per unit will increase.
Amendment to original motion failed by the following roll call vote: AYES:
Hickey, Snyder NOES: Feibusch, Riley, Myers ABSENT: None
Original motion carried by the following roll call vote: AYES: Hickey,
Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None
9i. SET DATE FOR LAS CASAS DENSITY STUDY 1/20/82
M/S: Feibusch/Snyder to set January 20, 1982 for consideration of density
bonus request for Las Casas subdivision.
Motion carried by unanimous voice vote.
9j. FEASIBILITY STUDY, WASTE TO ENERGY
City Manager stated Council should determine if a consultant should be
hired to review the potential waste to energy proposal specifically in the
Ukiah area.
Discussion was had regarding request for proposal procedure in this matter.
Councilmember Hickey was of the opinion that the proposal contemplates
using garbage as part of the fuel and that would be a duplication of Mr.
Titlow's project. He felt the City's money should be put into projects
that will work and not for further studies.
Councilmember Feibusch felt local resources were being ignored. With
development of wood waste to energy, the local economy would be furthered
by the creation of jobs and a plant located in our community.
Pete Passof, University of California Extension, Ukiah, stated he has been
involved with wood waste energy for many years. He felt the County has
tremendous resources in wood residue on the ground. He spoke to the energy
that can be derived from wood waste.
Councilmember Snyder asked if Mr. Passof was refering to BLM property or
private property with wood waste? Mr. Passof stated that it is primarily
private land and felt this would also lend itself well to the private
landowners situation of removing the waste from their land.
Ed Burton, Willits, stated that for the past two years, construction of a
plant for wood waste to energy has taken place. He pointed out that wood
waste has no other value and does constitute a real danger to the forests.
He was of the opinion that the study would provide information and data
that would allow some private party to locate in the Industrial Park.
Councilmember Feibusch made a motion to award the contract to Alta
California Associates in the amount of $5,300 with the stipulation that
their study will be phased just the way the request for proposal is worded.
Motion died for lack of a second.
Councilmember Riley made a motion to continue subject matter but it died
for lack of a second.
M/S: Riley/Feibusch to continue subject matter to Council's January 20,
1982 meeting.
Councilmember Riley stated she did not receive the responses from the five
firms that submitted proposals and would need to review this material
before taking action.
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