HomeMy WebLinkAboutmin 11-18-8119
MINUTES OF THE MEETING OF THE CITY COUNCIL
OF THE CITY OF UKIAH - NOVEMBER 18~ 1981
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,
Brosig, Harris, Beard, Roper, Shepard, Tillotson, Melvin.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Mayor Myers and Councilmember Feibusch led in the
Pledge of Allegiance.
APPROVAL/CORRECTION OF MINUTES
M/S: Snyder/Feibusch to approve the minutes of November 4, 1981 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
It was pointed out that Consent Calend~r Item 6h, Report of Administrative
Actions & Proposals (R.A.A.P.) was not included on the agenda.
Councilmember Feibusch requested that Consent Calendar items 6b-6f be pulled.
Mayor Myers stated Items 6b-6f would be considered under New Business.
M/S: Snyder/Feibusch to approve Consent Calendar Items 6a, 6g and 6h as
follows:
6a. Payroll Warrants, #17137-17277, $66,307.97;
6g. Authorized Mayor to execute agreement between the City and Mendocino County
Youth Project;
6h. 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. CONTINUATION OF MATTER OF ABATEMENT OF DANGEROUS
BUILDING, HAIKUKIAH PROPERTY, NORTH STATE
City Manager stated that staff recommends that abatement proceedings be
initiated because of the unsafe and unhealthful conditions of the Haikukiah
project premises.
PUBLIC HEARING OPENED:
Jim Lohr, 710 Pine, stated he was against the abatement proceedings because he
wants to develop the project. He stated that they have come to terms on the
financing and are ready to proceed with the project. He further stated that he
did want to present plans at this time, but it was not possible to do so.
Councilmember Feibusch referred to the letter from the bank and asked that
"conditional commitment" be clarified. City Manager stated there is nothing
unusual in the conditions and terms set by Savings Bank.
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Cheryl Baker, Rural Institute, pointed out that many local people are helping to
sponsor this project and local money is tied up in the project. If the project
is abated, the local people will lose their money.
Marge Thatcher, operates the business next door to Haikukiah property, pointed
out that the nuisance has been allowed to continue for a long time and the
downtown merchants want some assurance that the property will be cleared up.
Troy Gong, 600 Riverside, stated his father and uncle previously owned the
building and now carry a first deed of trust on the property. He further stated
that they are presently in foreclosure proceedings and requested that Council
take no action until the foreclosure is finalized.
Kathy Brigham, N. Pine, asked how much discretion does the Building Official
have regarding the building? City Manager stated if Council adopts the
resolution, the Building Official will post notices stating date and time of the
public hearing.
Clif Shepard, Building Official, stated it was his understanding that this was
the formal abatement hearing and that Council had previously passed the
resolution. City Manager was of the opinion that the action taken previously by
council was that the matter be continued.
PUBLIC HEARING CLOSED.
M/S: Snyder/Hickey to approve Resolution No. 82-33 declaring certain structures
to be dangerous buildings and a public nuisance and to set the public hearing
date of January 6, 1981.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
7b. CONSIDERATION OF FINAL GENERAL PLAN AMENDMENT
Planning Director stated Council should review the revised draft of the General
Plan. He provided Councilmembers with a General Plan evaluation provided by the
State Office of Planning and Research. He pointed out the concept of
residential intermixed with commercial uses had not been finalized. He referred
to the letter from Ruby Corporation requesting a land change and pointed out
that review of the Lover's Lane designation need not hold up approval.of the
General Plan.
PUBLIC HEARING OPENED:
Duane Hill, Rural Communities Housing Development Corp., stressed that further
delay by Council in approving the General Plan places the Gobbi/Waugh senior
citizen project in danger of losing its federal funding. He reviewed for
Council the time frame for the project and asked that Council take immediate
action and not delay further.
Clare Holmes, Ukiah, asked if there was any reason why Council could not make a
decision at this time? Mayor Myers stated the councilmembers have not had
enough time to review the revised General Plan. Ms. Holmes urged Council to
take action quickly so that the Gobbi/Waugh project could provide living units
for senior citizens.
Letha Atkinson, Ukiah, encouraged Council to take action soon as delay is
causing increased costs to her condominium project.
Cheryl Baker asked that Council reconsider Article 34 referendum. She pointed
out that as the County passed Article 34, State funds have become available to
the County. She left on file with the Clerk copies of subject matter.
Peter Abrahams, Yokayo Ranch, asked that Council consider reclassification of
his property from agricultural to residential and felt this property could be a
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primary parcel to be considered for future annexation under the Westside
Annexation Strategy.
Councilmember Hickey asked if Mr. Abrahams would consider a PD classification?
Mr. Abrahams did not have any serious objection to a PD designation but did
prefer that it be designated residential.
Sally LaSal, Rural Communities Housing Corp., felt Council should consider the
provision of low-moderate income housing seriously.
Kathy Brigham, 710 N. Pine, asked that Article 34 referendum be clarified.
Mayor Myers stated it should be brought before Council as a separate item.
PUBLIC HEARING CLOSED.
M/S: Riley/Snyder to set a meeting for further consideration of the General
Plan and land use maps and separately approved the land use designation density
change as recommended on the Waugh and Gobbi Street properties as set forth in
Resolut±on No. 82-35 as the second General Plan change for this year.
Councilmember Riley requested that the revised General Plan Housing Element be
forwarded to HCD for their comments as she had concerns regarding the adequacy
of the housing element. Planning Director stated he doubted a reply would be
received before Council's meeting to consider the revised General Plan. It was
the consensus of Council that a copy of the revised General Plan Housing Element
be forwarded to HCD at this time.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
Mayor Myers set November 23, 1981 at 3 P.M. to consider the revised General
Plan.
PETITIONS & COP~4I/NICATIONS
8a. SET DATE 12/2/81 FOR APPEAL OF LAEL HARE USE
PERMIT NO. 82-26, 306 SOUTH PINE
M/S: Riley/Snyder to set December 2, 1981 for consideration of appeal of Use
Permit No. 82-26, 306 South Pine. ~
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
RECESS: 7:53 P.M.
UNFINISHED BUSINESS
9a. RESOLUTION REGARDING BALLOT MEASURE TO REMOVE
DEPARTMENT HEAD POSITIONS FROM CIVIL SERVICE
City Manager requested that the matter be considered following Executive
Session.
9b. INTRODUCTION AND ADOPTION OF URGENCY ORDINANCE NO. 774
CHANGING P~NICIPAL ELECTION TO JUNE
City Manager stated that the County Clerk had expressed concern regarding a June
election but that the County Administrative's office has resolved many of those
concerns. If the Council adopts this ordinance, the County Administrator's
office will forward his support to the Board of Supervisors.
M/S: Snyder/Hickey to introduce and adopt Ordinance No. 774 by title only.
Motion carried by unanimous voice vote.
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M/S: Snyder/Hickey to introduce and adopt Ordinance No. 774 changing the date
of the General Municipal Election to the date of the Statewide direct'primary.
The seating of new council~embers coinciding with review of the budget was
discussed. It was pointed out that a budget should be adopted by the first of
July and old councilmembers would have handled the budget beforehand.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
9c. INTRODUCTION AND ADOPTION OF URGENCY ORDINANCE NO. 775
REVISING INSURANCE SECTION OF ORDINANCE NO. 768,
SEPTAGE RECEIVING REGULATIONS
City Attorney reviewed for Council the ordinance requirements regarding
insurance coverage for septic haulers.
M/S: Snyder/Feibusch to introduce and adopt Ordinance No. 775 by title only.
Motion carried by unanimous voice vote.
M/S: Snyder/Hickey to introduce and adopt Ordinance No. 775 amending Section
3787 of Ordinance No. 768, an ordinance of the City Council of the City of Ukiah
adding Article 11 to Division 4, Chapter 2, of the Ukiah Municipal Code (Septage
Receiving Regulations).
Donald Lucas, Lucas Septic Tank Service, stated it was not known how much
insurance was needed. Mayor Myers stated the proposed urgency ordinance now
clarified insurance coverage.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
9d. AUDIT REPORT, E~fETT JONES
M/R: Feibusch/Riley to postpone subject matter to December 2, 1981 Council
meeting.
Councilmember Feibusch asked if Council must accept the report before the
auditor can be paid? Finance Director stated the auditor could be paid before
formal acceptance of the audit report.
Motion carried by unanimous voice vote.
9e. REQUEST TO RECONSIDER MATTER OF ELECTED MAYOR (FEIBUSCH)
Councilmember Feibusch asked that Council reconsider the matter of an elected
mayor. In his correspondence to the Council, he stated that little
consideration had been given to the preference of the voters. This reason and
the fact that subject matter would be an extra burden on the City Clerk were
reasons reconsideration of the matter was requested. If Council felt the same
way as indicated at their last meeting, he would proceed by petition.
Councilmember Hickey stated "Mr. Mayor, uh, at our last meeting, we didn't d~
what Councilman Feibusch wanted so he did threaten us that he'd go out and get a
petition signed and so, I say, let him go ahead and get it signed. His concern
about the City Clerk, from some of the things I've heard him say in the past
about the City Clerk, I can't see that he would be too concerned about it."
Councilmember Feibusch stated "Uh, Mr. Mayor, I have to take exception to this
statement. I have never, ever made a derogatory remark against the City Clerk,
and I would, I resent that. I really resent that."
Councilmember Hickey stated "Go right ahead." Councilmember Feibusch stated:
"And you better substantiate your...". Councilmember Hickey stated: "I'll
substantiate it." The matter was postponed to Personnel Session.
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M/S: Feibusch/Riley to direct City Attorney to draw up a resolution for
submittal to the voters asking the question whether to have an elected or
~appointed mayor.
Councilmember Riley was of the opinion that it is important that the voters have
an opportunity to make a choice.
Motion failed by the following roll call vote: AYES: Feibusch, Riley NOES:
Hickey, Snyder, Myers ABSENT: None
It was the consensus of the Council that Councilmember Hickey's remarks be
discussed in Personnel Session.
NEW BUSINESS
10a. LOSS CONTROL LIABILITY EVALUATION REPORT, REMIF
City Manager referred to REMIF's loss control liability evaluation report of
August 27, 1981 and the Finance Director's memorandum of November 13, 1981. He
stated that staff, as indicated, has and will take care of certain items, but
council action is needed on those matters that are not routine.
Discussion was had regarding second floor exits and options available to the
City Council.
Councilmember Riley was of the opinion that one of the implications of the
Finance'Director's memorandum is that a definite schedule be established for the
new City Hall. She felt that the proposed civic center was a long range
solution and felt there were temporary or short term solutions available.
Councilmember Snyder felt the matter must be addressed as the situation has
existed for years and it has reached a point where it is almost intolerable.
It was suggested that Council hold a workshop session to determine a civic
center construction and financing schedule. City Manager stated the architect's
report on the civic center will be available next month and, at that time, a
time frame can be laid out.
City Manager asked that Council consider exterior exit doors for the City Hall.
M/S: Riley/Snyder that the number of people within the City Halllbe limited to
49.
Motion carried by the following roll call vote: AYES: Hickey, Snyder, Riley,
Myers NOES: Feibusch ABSENT: None
10b. MATTER OF MAYOR'S APPOINTMENTS TO
BUILDING APPEALS BOARD
City Attorney stated that the Mayor is to appoint a board of appeal consisting
of five people who have some expertise or knowledge of the subject matter.
Mayor Myers stated he was in the process of appointing members and would report
back to Council in the near future.
Councilmember Feibusch was of the opinion that no councilmember should be
appointed as there could be a conflict of interest should the matter come before
the Council.
10c. REPORT~ STONE & YOUNGBERG, LAKE MENDOCINO
HYDROELECTRIC PROJECT
Bob Powell, Stone & Youngberg, reviewed for Council the expected costs in order
for the project to proceed. He suggested that Council, as soon as possible,
retain the services of a bond counsel to work with council and staff in the
final negotiations regarding the power purchase agreement as this agreement is
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essential to the marketing of the bonds. He recommended the firm of Orrick,
Herrington and Sutcliffe. City Manager stated he would be willing t~ recommend
the hiring of this firm. In answer to a question regarding going to bid, City
Attorney stated that there are only two to three firms in California and the
recommended firm is one of the best. Mr. Powell indicated that their fee is
usually a percentage of the bond and the firm will submit a proposal to Council
for their approval.
M/S: Snyder/Riley to negotiate with Orrick, Herrington & Sutcliffe for their
services in connection with the Lake Mendocino Hydroelectric Project.
Motion carr~ed by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
10d. GENERAL WARRANTS (6b)
Councilmember Feibusch referred to Warrant No. 18699 to Benjamin Steel for chain
link fence and asked why the fencing at Yokayo School could not have been used?
City Manager stated the fenced area at Yokayo School is presently being used by
the National Guard but that the fencing would be used again at a later date.
Councilmember Feibusch was of the opinion that the City should be conservative
in its purchases.
M/S: Feibusch/Hickey to approve Warrant #18688-18803, $488,319.89.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
10e. AWARD OF BID FOR CONSTRUCTION OF HANGAR PADS, AIRPORT
Councilmember Feibusch asked how, if Council approves construction of hangar
pads, this would fit into the General Plan? City Manager stated that the matter
has been reviewed with staff, the General Plan reviewed and he feels the hangers
will be put in an appropriate location.
Councilmember Riley expressed concern with placement of the hangars and the
traffic problem. City Manager stated the traffic problem is being addressed at
the Airport Commission level.
M/S: Feibusch/Hickey to approve award of bid for construction of hangar pads at
the Ukiah Municipal Airport in the amount of $33,073.50 to Parnum Paving.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
10f. AWARD OF BID FOR REMOVAL OF CITY OWNED BUILDINGS,
E. GOBBI, MARSHALL, NORGARD LANE
Councilmember Feibusch stated, in checking the plans submitted by SIA Engineers,
he notes a surplus piece of land and suggested that the house located on E.
Gobbi be relocated there and the parcel and home sold together.
City Manager stated the moving of these buildings is a major expense and Council
must decide whether to go out for rebid or attempt to negotiate some type of
sale.
Councilmember Hickey was of the opinion that the Fire Department might be able
to use the homes as part of their training.
Councilmember Riley felt the homes should not be destroyed and felt negotiation
with appropriate agencies should take place.
Jim Lohr stated he made the bid in good faith for the E. Gobbi home, it will
cost a considerable amount to move it and asked the Council to award the bid to
him.
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Clare Homes stated she had talked with housing authorities and there are funds
available for renovation of homes with the idea that the home would then be
rented to low income people for a set period of time. She stated she does have
a lot available.
Director of Public Works stated this is the second time that these houses have
gone out to bid as the bidders failed to complete their contract. It was his
opinion to move the home on E. Gobbi would be a considerable expense and in
addition a foundation and utilities must be provided.
M/S: Riley/Hickey to accept the bid of James P. Lohr for the home at 197 East
Gobbi Street in the amount of $100.
Motion carried by the following roll call vote: AYES: Hickey, Riley, Myers
NOES: Feibusch, Snyder ABSENT: None
M/S: Riley/Hickey to have staff make every attempt to insure that the homes
located on Marshall Street and Norgard Lane be relocated and be retained in the
housing stock with staff to come back with a proposal to Council.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
10g. RESOLUTION APPLYING FOR ANNEXATION, OLD TREATMENT PLANT,
REQUEST WAIVER OF NOTICE OF HEARING AND ELECTION
10h. RESOLUTION APPLYING FOR ANNEXATION, NORTH FIRE STATION,
REQUEST WAIVER OF NOTICE OF HEARING AND ELECTION
Councilmember Feibusch felt that under annual revenues and expenditures, the per
mileage cost on the old treatment plant park cannot be compared with that used
on State Street. He stated he was very concerned with the proposed annexation
of the North Fire Station and was of the opinion that it was a deliberate '
circumvention of the will of the people. He felt Council had given the City
Manager instructions that Council wanted to follow a orderly annexation process.
He further stated that if the proposed annexation had included the LuAnn Motel,
Sambo's or Reliable Mill, he could accept it but felt this was a scheme to
benefit a developer and could not accept it.
City Manager stated that the proposed annexation of the North Fire Station was
not a scheme. He pointed out that Council has indicated that it favors an
annexation policy in character with the Westside Annexation Strategy, that
annexation should be done in a logical and orderly manner and annexation should
be based on revenue producers. He felt that Council did not have that type of
control over annexation and annexation must be looked at realistically rather
than idealistically. He also stated that if the City waits until all of the
current residential development is annexed, then the City might find that all
the property north has been subdivided outside its boundary. He was of the
opinion that this proposal clearly puts the City out in an area where they
should have been previously and opens up an option to all other property in that
area.
Peter Abrahams referred to Councilmember Feibusch's statement that the proposed
annexation of the North Fire Station was a scheme between himself and the City
Manager, that it suggests collusion and requested that the matter be discussed
further. Councilmember Feibusch stated he did not suggest this. Mr. Abrahams
stated that this was just a check.
Cheryl Baker expressed her objection to annexation to the north of Ukiah.
M/S: Snyder/Hickey to approve Resolution No. 82-31 making application to the
Mendoclno County Local Agency Formation Commission for the Old Treatment Plant
Annexation.
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Councilmember Riley, seconded by Councilmember Feibusch, made a motion to table
the proposed annexation of the Old Treatment Plant but withdrew with 6he
permission of the second.
M/S: Riley/Feibusch to continue subject matter to Council's next meeting.
City Attorney pointed out that the motion to continue was out of order as there
already was a motion to approve the proposed annexation.
M/S: Riley/Feibusch to table the proposed annexation of the Old Treatment
Plant.
Motion failed by the following roll call vote: AYES: Feibusch, Riley NOES:
Hickey, Snyder, Myers ABSENT: None
Original motion carried by the following roll call vote: AYES: Hickey, Snyder,
Myers NOES: Feibusch, Riley ABSENT: None
M/S: Snyder/Hickey to approve Resolution No. 82-32 making application to the
Mendocino County Local Agency Formation Commission for the North Fire Station
Annexation.
Councilmember Riley stated she was against the proposed annexation as it does
seriously implicate a desire for urbanization of the north end of the valley.
She felt the City should establish a policy regarding annexation before any
annexation takes place.
Councilmember Snyder was of the opinion that Council, at a previous meeting, had
laid out a policy position that they would like to annex City owned property and
felt staff was carrying out that policy decision. She did not view this as an
intent to go into agriculture areas and further stated she did not see any
reason to leave the fire station outside of the City.
Councilmember Riley felt annexation of property to the north could be a
statement that the City plans to annex all property north of the City.
Motion carried by the following roll call vote: AYES: Hickey, Snyder, Myers
NOES: Feibusch, Riley ABSENT: None
COMMENTS FROM AUDIENCE
Emmett Jones, City Auditor, felt the continuation of the audit report would give
Council more time for review but stated that the report should not be released
to the public until it has been formally accepted by Council.
Cheryl Baker requested that Article 34 Referendum be agendaed. City Manager
stated that a request to place the matter on the agenda had already been
received and would be on the December 2, 1981 agenda.
CITY COUNCIL REPORTS
Councilmember Hicke¥ reported he was still receiving mailings from the County
Chamber of Commerce. City Clerk reported that the Chamber had been notified by
letter and telephone. Councilmembers' names will be deleted from their
membership mailings.
Councilmember Hickey reported that NCPA and public utilities throughout the
United States have filed a protest against the move by private utilities to
include in their rate charges the cost of work that is under construction. He
stated the City Clerk would have a copy of the protest filed available.
Councilmember Feibusch reported he could not attend the November 25, 1981 to
review the architect's proposals for the proposed City Hall. After discussion,
the following dates were set: November 30, 1981 - 3 P.M.-6 P.M.; December 8,
1981 - 1 P.M.-5 P.M.; December 9, 1981 - 1 P.M.-5 P.M. (Tentative). November
23, 25 and December 3, 1981 were cancelled.
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Councilmember Feibusch referred to the reappearance of posters placed on the
outside of buildings and asked if anything had been done to prevent this.
Planning Director stated that he is still researching the matter.
Councilmember Feibusch requested that the Traffic Engineering Committee consider
placement of a stop sign at the intersection of Perkins and School Streets. He
reported that the Traffic Engineering Committee will recommend that a signal
light at Clara and State Streets be budgeted for next year. He referred to City
employees using parking spaces in front of City Hall and asked that the
employees be encouraged to use the parking that is provided for them.
Councilmember Feibusch referred to economic forecasts and the anticipated drop
of sales tax and requested staff to conserve expenditures.
Councilmember Snyder referred to the Sun House brochure and the fact that a
quarter of it is given over to the Sun House Guild. She asked if the Guild had
contributed to its cost and felt, in the future, they should contribute to the
cost.
Councilmember Snyder reported she was pleased to see confirmation of the State
Clean Water bond sales.
Councilmember Snyder received a request for a crossing sign for senior citizens
at Gobbi and Leslie Streets. City Manager stated this intersection is being
reviewed now.
Councilmember Riley requested that the Airport General Plan be made available to
councilmembers.
Councilmember Riley referred to a suggestion contained in the Airport Commission
minutes regarding a perimeter road. She asked if this was a new project? City
Manager stated that the matter would be looked into.
Councilmember Riley asked the status of the Airport Industrial Park? City
Manager stated that a report would be forwarded to Councilmembers.
Mayor Myers asked if a letter had been received from the Mendocino County
Coalition for Equal Rights Amendment? City Clerk stated the matter would be on
the next Council agenda.
Mayor Myers reminded Councilmembers of the Sun House celebration this Saturday.
Mayor Myers stated, as 100% funding of the Wastewater project had been received,
a groundbreaking ceremony is being planned for December 1, 1981.
ADJOURNMENT to EXECUTIVE SESSION - 10:30 P.M.
City Council reconvened and took the following action:
9a. RESOLUTION REGARDING BALLOT MEASURE TO REMOVE
DEPARTMENT HEAD POSITIONS FROM CIVIL SERVICE
M/S: Snyder/Riley to approve Resolution No. 82-34 to submit proposition to
electors of the City to withdraw City department heads from civil service (Form
A).
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
ADJOURMENT - to November 23, 1981 at 3 P.M.~ for consideration of General Plan.
Mary Melvin
Deputy City Clerk
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