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MINUTES OF THE MEETING OF THE CITY COUNCIL
OF THE CITY OF UKIAH - NOVEMBER ~ 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,
Harris, Beard, Goforth, Tillotson, Melvin.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Ukiah High School Student Body President Dwight
Chapin and Councilmember Riley led in the Pledge of Allegiance.
APPROVAL/CORRECTION OF MINUTES
M/S: Snider/Hickey to approve the minutes of October 23, 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 read a portion of Section 1094.6 of the Code of Civil Procedure
regarding appeal procedure.
CONSENT~CALENDAR
M/S: Snyder/Hickey to approve Consent Calendar Items 6a-6f as follows:
6a. Payroll Warrants, #16993-17136, $76,368.44
6b. General Warrants, #18608-18678, $223,180.07
6c. Denied claim for damages, Patricia Fellows, Redwood Valley
6d. Approved Resolution No. 82-27 supporting the final marketing plan
and proposed allocations by the Western Area Power Administration
6e. Approved Resolution No. 82-28 authorizing execution of a local agency-
State agreement for a bicycle lane account project along Low Gap Road
between Bush Street and the entrance to Low Gap Regional Park
6f. Approved Report of Administrative Actions & Proposals (R.A.A.P.)
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers
PETITIONS & COMMUNICATIONS
7a. RUBY CORPORATION LETTER RE PROPOSED
ANNEXATION, LOVERS LANE AREA
Peter Abrahams, President of The Ruby Corporation, reviewed for Council his
desire to begin a long term development project in cooperation with local county
and city governments on property located north of Ukiah. He pointed out that
the property is within the City's sphere of influence and the Council recently
recommended, during General Plan hearings, that this property continue to be
zoned agriculture. He pointed out that the Board of Supervisors in their action
regarding this parcel expressed support for annexation to the City. He stressed
that no project development can proceed until the City determines its annexation
policy. He requested that the Council consider annexing the property and that
the property be rezoned suburban residential. He asked that Council address the
five questions contained in his letter to the City dated October 15, 1981.
City Manager Payne stated it would not be inconsistent for Council to change the
zoning ~ this parcel and further stated he had great concerns regarding
decisions affecting Ukiah's growth being made by other agencies and stressed
that Ukiah should take part in any decision making regarding potential
annexation of this property.
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Councilmember Feibusch stated he had no problem with annexing the property to
Ukiah as the City would have control over the long range development of the
property. He.did object to being pressured into annexation at this time and
felt the City should have an orderly annexation process.
Councilmember Hickey responded to Mr. Abrahams five specific questions contained
in his letter: He stated annexation of the property has not been discussed and
no plans have been made for annexing of this parcel at this time. He stated the
Council would be willing to have Mr. Abrahams make a presentation and pointed
out that anyone can appeal a General Plan designation before its adoption. He
stated that having staff work with Mr. Abrahams in the development of the
property is dependent upon the City's annexation policy.
Councilmember Riley pointed out that this property is within the Westside
Annexation strategy, no time line has been established but that a time table
that is economically viable should be established.
Mr. Abrahams pointed out that they will approach a planned development with
consideration toward generating jobs in the Ukiah area.
Mayor Myers felt it would be appropriate at this time to request staff to bring
the Council up to date on annexation.
Councilmember Snyder pointed out that Council has, in the past, had informal
study sessions regarding planned annexation. In her opinion, they were
beneficial and perhaps an annexation policy should have been made one of
Council's goals.
Councilmember Riley felt that a urban growth management plan would help in the
coordination between County and City and felt the CRIS model would be helpful
also.
7b. CONTRACTOR'S ASSOCIATION LETTER RE CONTRACT BIDDING
City Manager Payne stated that this matter is for Council information only. A
representative of the Association had met with the City Manager to work out
details of the problem.
George Davis, Mendocino County Builders' Exchange, referred to their letter of
complaint wherein the City was charged with use of force account on a
construction project instead of contract bidding. The charge was withdrawn but
a cost breakdown of the project was requested He asked that Council consider
using private labor to perform a number of services and that they also take the
lead in generating activitity in the private sector because of the economy.
Councilmember Hickey stated that in better economic times, request for bid were
sent out where not a single local contractor responded and felt it was
inconsistent that this request for consideration of private labor is made at
this time.
.
Councilmember Feibusch referred to the Davis Bacon Act, was of the opinion it
must be eliminated before conditions can improve and asked for the Association's
cooperation in this regard.
It was the consensus of Council that a cost breakdown be supplied to Mr. Davis
provided a great deal of staff time is not involved.
7c. PETITION FROM SEPTIC SERVICE OWNERS RE SEPTAGE
CHARGES SET FORTH IN RESOLUTION NO. 82-18
City Manager Payne stated that the septic rates for users outside the District
have doubled but pointed out that people outside the District have no bonded
indebtedness and no obligations to the City's treatment plant.
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Director of Public Works Kruth reviewed the septic charges for Fort Bragg,
Willits and Santa Rosa. He further stated that contained in the Stone &
Youngberg financial evaluation of costs was a recommendation that 1.2¢ per
gallon must be collected in order to generate revenue to cover costs of
maintenance and amortization of specific investments of the plant. He stated
that, septage primarily comes from outside the District and the new charges
reflect what it will cost to treat it.
Richard Madden, Owner, Roto Rooter, spokesman for the haulers, stated he had
been advised some time ago that an increase in charges could be anticipated but
was never formally advised of that new charge. He felt the new charge was
excessive and would cause health problems as people, in refusing to pay the new
charge, would dump sewage on top of the ground, let it run in the streets and
rivers or put it in their gardens.
Mr. Madden referred to the stipulation in the septage resolution requiring a
separate liability policy naming the City be taken out and the fact that his
insurance agent stated this cannot be done. City Attorney stated he is aware of
the requirement and is currently working on an urgency ordinance which will
alleviate their problem. He further pointed out that if septage haulers comply
with all other requirements of the ordinance, dumping should not be interrupted.
He also pointed out that Frank James of REMIF has recommended that the amount of
insurance be increased.
Councilmember Feibusch asked, as it was a specific request made by the Ukiah
Valley Sanitation District, if the septic haulers were notified? Director of
Public Works Kruth stated this had been overlooked.
It was the consensus of Council that dumping of sewage be allowed while an
urgency ordinance is prepared for Council's November 18, 1981 meeting.
Dave Long, County Health Department, expressed concern regarding the increase
charges and was of the opinion it could cause health problems by those who
refuse to pay the increased charges. He offered a suggestion which in his
opinion would be an equitable increase to all concerned.
UNFINISHED BUSINESS
8a. CONSIDERATION OF APPROVAL OF SUN HOUSE POLICIES
AND PROCEDURES
City Manager Payne stated the matter of a museum borrowing one of the pictures
was before the Council several months ago and Council decided not to pursue the
loaning of pictures until policies and procedures were established.
M/S: Riley/Feibusch to accept the proposed Sun House Policies and Procedures.
Councilmember Snyder made a motion to amend Policy Nos. 1 and 2 where the City
Council would approve the loan of artifacts instead of the City Manager. Motion
died for lack of a second.
Councilmember Snyder made a motion to amend Policy No. 3 whereby no one would be
allowed to handle the paintings. Motion died for lack of a second.
M/S: Snyder/Hickey to delete Policy No. 5 regarding food and beverages and
substitute the previous Policy No. 4 which does not allow food or beverage.
Motion failed by 2-3 (Feibusch, Riley, Myers) vote.
Councilmember Snyder made a motion to amend Policy No. 6 that pets not be
allowed inside the Sun House as well as on the grounds. Motion failed for lack
of a second.
Councilmember Snyder made a motion to delete Policy No. 8 regarding marked
public areas. Motion died for lack of a second.
Reg.Mtg.
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M/S: Snyder/Riley to add a new Policy No. 9 (with the present Policy No. 9
becoming Policy No. 10) that no smoking is allowed.
Motion carried by 4-1 (Hickey) voice vote.
Councilmember Snyder made a motion that the Sun House grounds be kept in the
same shape and condition as when originally purchase by the City as much as
possible. City Manager was of the opinion this was not a policy matter.
Motion died for lack of a second.
Original motion carried by the following roll call vote: AYES: Hickey,
Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None
It was the consensus of Council that the grounds be maintained and kept in the
same sgyle as much as possible as when originally purchased
~ °
RECESS: 8:20 P.M.
ADDITIONS TO AGENDA
City ManagBr Payne requested that Agenda Item 10h, municipal identification
sign, be added to the agenda.
M/S: Snyder/Feibusch to place Agenda Item 10h, municipal identification sign,
on the agenda.
Motion carried by unanimous voice vote.
Councilmember Feibusch requested that Agenda Items 8b, 10b and 10d be considered
consecutively.
M/S: Feibusch/Riley to consider Agenda Item 8b, Matter of elected Mayor and
City Attorney, Item 10b, Matter of changing General Municipal Elections date and
Item 10d, Matter of removal of Department Head positions from Civil Service
consecutively.
Motion carried by unanimous voice vote.
UNFINISHED BUSINESS
8b. MATTER OF ELECTED MAYOR AND CITY ATTORNEY
M/S: Feibusch/Riley to direct staff to prepare a resolution for Council's next
meeting to submit the matter of an elected mayor before the voters as a ballot
measure to include the following: 1) shall the electorate elect a mayor and
four councilmembers; 2) shall the term of office to be 2 years; 3) shall the
term of office to be 4 years.
Councilmember Feibusch felt the election of a mayor would give an elected mayor
an opportunity to have a platform, provide continuity and the opportunity to
have visions as to what will happen in the City. An election of five elected
councilmembers could lead to a jumble of directions.
Councilmember Riley felt continuity was an important element to the election of
a mayor. She also pointed out the purpose of the motion was to put the matter
on the ballot so the voters could decide whether or not a mayor should be
elected.
Councilmember Hickey felt appointment by councilmembers of a mayor gives more
members of the council an opportunity to serve and get a better insight into the
operation of City government.
Councilmember Snyder agreed with Councilmember Hickey's statements, felt the
present system is a good one°and expressed the opinion that an elected mayor may
be good for large cities but not rural Ukiah.
Mayor Myers felt that the office of mayor is very time consuming as well as
demanding and to hold the office for 2 or 4 years could create a problem,
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particularly for one who has a full time job. He stated further that being
elected mayor is an honor for each councilmember to enjoy.
Motion failed by the following roll call vote: AYES: Feibusch, Riley NOES:
Hickey, Snyder, Myers ABSENT: None
Counc±lmember Feibusch stated, because of the vote, he would take the matter to
the electorate by circulation of petitions.
10b. MATTER OF CHANGING GENERAL MUNICIPAL ELECTIONS DATE
City Manager Payne referred to SB230 and stated that Council may enact an
ordinance requiring a general municipal election to be held on the same day as
the statewide direct primary election, the day of the statewide general election
or on the day of school district, elections.
M/S: Feibusch/Snyder to direct staff to prepare an ordinance requiring the
general municipal election to be held on the same day as the statewide direct
primary election.
It was pointed out that the ordinance will become operative upon approval by the
Board of Supervisors. It was als° p~inted out that the current terms of
councilmembers would be extended from April to June.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
10d. MATTER OF REMOVAL OF DEPARTMENT HEAD POSITIONS
FROM CIVIL SERVICE SYSTEM
M/S: Riley/Snyder to direct staff to prepare a ballot measure for removal of
department heads from Civil Service.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
CITY MANAGER RECOMMENDATIONS
9a. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT,
CITY OF HEALDSBURG/CONSERVATION GRANT
City Manager Payne stated this matter and the following agenda item deal with
agreements with Healdsburg and NCPA for residential conservation.
M/S: Riley/Feibusch to authorize City Manager to enter into agreement with
Healdsburg which establishes the formal process of performing the audits and the
reimbursement for same.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
9b. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT~
NCPA/CONSERVATION GRANT
M/S: Riley/Feibusch to authorize City Manager to enter into agreement with NCPA
to receive Healdsburg's energy conservation grant.
Motion carried by the following roll call yote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
10a. RESOLUTION APPROVING FINAL MAP, PARK WEST
CONDOMINIUM~ WEST END OF PARK BOULEVARD
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Planning Director Harris stated that the Planning Commission, at their October
14 meeting, reviewed the final map and found it to be in compliance with the
Tentative Map. He noted that many of the conditions of the use permit have been
completed or are included in the Subdivision Agreement. He 'further stated that
pursuant to the State Subdivision Map Act, individual buildings or air space
need not be delineated on the map.
In answer to a question regarding maintenance of the project, Planning Director
indicated that maintenance is generally a standard requirement for condominiums
and is included in the CC&Rs. Councilmember Snyder pointed out that a
homeowners association is required by the State of California Real Estate
Commission and condominiums cannot be sold unless there is an association.
In answer to a question concerning a turnaround, Planning Director indicated the
area identified on the final map is a 35' nonexclusive easement for utilities of
which 24' will be paved as a right of way.
In answer to a question regarding the Subdivision Agreement, Planning Director
stated that the Subdivision Agreement will be signed by the Mayor and City Clerk
and identifies conditions that must be met with recordation of the map.
M/S: Snyder/Hickey to approve Resolution No. 82-29 approving the final map for
Park West Condominiums.
Councilmember Feibusch stated he has difficulty finding similarity between the
Tentative Map and the Final Map because of utility easements and felt this is
insufficient.
Motion carried by the following roll call vote: AYES: Hickey, Snyder, Myers
NOES: Feibusch, Riley ABSENT: None
10c. MATTER OF HARRY ALLEN ELECTRIC GENERATION PROJECT
M/S: Snyder/Hickey to set a study session to review the Harry Allen Electric
Generation Project.
Motion carried by 3-2 (Feibusch, Riley) voice vote.
Councilmember Hickey stated he would see if it were possible for Mr.
Eichenberger of R. W. Beck and Associates to be present at the meeting.
Council set November 9, 1981 at 4 P.M. as a study session to consider Harry
Allen Electric Generation Project.
10e. LAKE MENDOCINO HYDROELECTRIC PROJECT - TUDOR
ENGINEERS UPDATE AND AUTHORIZATION TO CONTINUE
NECESSARY ENGINEERING WORK
City Manager Payne stated that Tudor Engineering has advised the City that
commitments must be made in regard to overall financing of the project and
reviewed for Council comments made in the letter from Tudor Engineering.
Gordon Marsh, Tudor Engineering, stated that the FERC license should be issued
in the near future and things look favorable with the allocations from WAPA.
Councilmember Snyder asked if the City proceeds with financing the total
project, will the 2½ megawatts offset the City's expenses? City Manager stated
that nothing is certain until the project is on line. Mr. Marsh stated there
will not be any benefits until the project is operating.
It was also pointed out that time is of the essence due to inflation.
M/S: Snyder/Feibusch to instruct City Manager to consult with Stone &
Youngberg, financial consultants and approve all of the work set forth in Tudor
Engineer's letter of October 28, 1981. .
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Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
10f. MATTER OF REQUEST FOR ADVANCE SICK LEAVE,
POLICE OFFICER DENNIS DANIELSON
M/S: Riley/Hickey to deny the advance of sick leave to Police Officer Dennis
Danielson.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
10g. MATTER OF REQUESTING OTHER PUBLIC AGENCIES TO CONSIDER
NO SMOKING IN PUBLIC AREA (SNYDER)
M/S: Snyder/Riley to ask public agencies for cooperation with the City's
smoking ordinance.
It was suggested that the committee that appeared before Council regarding the
smoking ordinance should go before the Board of Supervisors with their request.
Motion failed by 2-3 (Hickey, Feibusch, Myers) voice vote.
10h. MUNICIPAL IDENTIFICATION SIGN
City Manager stated it is necessary that the sign located north of Ukiah on
Highway 101 be designated a City identification sign in order that the County
can waive all permit fees. The sign must be moved as it is in conflict with a
building that will be located there.
M/S: Snyder/Hickey to designate the City sign as an identification sign.
Motion carried by unanimous voice vote.
12. CITY COUNCIL REPORTS
Councilmember Hickey reported on the WAPA meeting he attended last week. He
pointed out that WAPA expects to be making the actual delivery of power about
mid February, 1982 and they will be contacting the City to work out contract
agreements.
Councilmember Feibusch referred to the last sentence in the Fire Chief's
memorandum of October 29, 1981 and questioned if it referred to the need for
more firefighters. He stated he would like to see the volunteer fire department
reactivated as in the Police Department.
Counci!member Feibusch asked the status of the Industrial Park. City Manager
stated a written report would be provided.
Councilmember Feibusch stressed the need for an airport general plan.
Councilmember Feibusch suggested in order to have on hand exact project costs,
that a time management report for all employees be incorporated. He stated he
had been told this report could be put on the computer and the costs for any
project could be established.
Councilmember Snyder reminded City Council that Saturday, November 7, 1981 from
1 P.M. - 4 P.M. will be the National Guard official dedication of their
quarters.
Councilmember Riley asked if Planning Commission minutes are still being sent to
Councilmembers?
Councilmember Riley also stressed the need for an airport general plan. She is
of the opinion the airport could bring in more business.
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Councilmember Riley reported that several items came up before the Planning
Commission that involved recommendations from staff under the proposed General
Plan. City Attorney was of the opinion that the Planning Commission could take
action subject to the General Plan finally being adopted. City Manager stated
that as long as it is clearly indicated what the old and new General Plan state,
there should be no problem.
Councilmember Riley felt this point should be made clear to the Planning
Commission. Councilmember Snyder reported she had been called by a member of
the Planning Commission and did not feel the Planning Commission could recommend
density based on the new General Plan.
Planning Director stated approval was based upon the new General Plan being
approved and construction cannot proceed until this happens.
Councilmember Feibusch suggested that a cost analysis be made for delivery of
agenda packets by the Police Department with the thought that the local taxicab
company may be able to perform this service instead of the Police Department.
City Manager stated the Police Cadets do not receive pay. The only cost would
be vehicle costs.
Councilmember Snyde.r felt the invocation delivered by Dwight Chapin was
excellent.
Mayor Myers stated he hoped the General Plan will be on the November 18, 1981
agenda.
ADJOURNMENT - 10:10 P.M. - To Executive Session.
City Council reconvened and took the following action:
RESOLUTION AMENDING THE EMPLOYMENT CONDITIONS OF CITY MANAGER
M/S: Hickey/Feibusch to approve Resolution No. 82-30 amending the employment
conditions of the City Manager.
Motion carried by the following roll call vote: AYES: Hickey Feibusch, Snyder,
Riley, Myers NOES: None ABSENT: None
ADJOURNMENT - 10:30 P.M.
Mary Melvin
Deputy City Clerk
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