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MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH
AUGUST 19~ 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, Riley, Myers. Councilmembers absent: Snyder. Staff present:
Payne, Orchard, Kruth, Harris, Beard, Tillotsom, Melvin
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Darwin Richardson, Pomolita School, and
Councilmember Hickey led in the pledge of allegiance.
PROCLAMATION
Mayor Myers proclaimed the week of September 17-23, 1981 as Constitution Week.
Mrs. Jackson and Mrs. Dunn were present to receive the Proclamation.
APPROVAL/CORRECTION OF MINUTES
M/S: Hickey/Riley to approve the minutes of the regular meeting of August 5,
1981 as amended, the minutes of the adjourned meetings of August 3 1981 and
August 4, 1981. '
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: Snyder ABSTAIN: Riley (August 4, 1981 adjourned
meeting only)
RIGHT TO APPEAL DECISION
Mayor Myers read a portion of Section 1094.6 of the Code of Civil Procedure
regarding appeal procedure.
CONSENT CALENDAR
Councilmember Hickey requested that Consent Item #6b be pulled; Councilmember
Riley requested that Consent Item #6e be pulled. These items will be considered
under New Business.
M/S: Riley/Hickey to approve Consent Calendar Items 6a, 6c and 6d as follows:
6a. Payroll Warrants, #16117-16262, $66,849.49;
6c. Awarded bid for underground piercing tool to Edward R. Bacon Company of
Sacramento in the total amount of $4,993.93;
6d. Accepted the work performed by Parnum Paving, Inc. for construction of
Ukiah High School Community Park Facilities (Alternate B) Contract No. 81-7
(Rev.) as complete and directed City Clerk to file the Notice of Completion.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch Riley,.
Myers NOES: None ABSENT: Snyder' ''
PUBLIC HEARING
Zone Change Appl. No. 81-92~ Donald F. Jenkins,. change
from C-2, Highway Commercial & Restricted InduStrial
District to P.D. Planned Development District
City Manager Payne stated the recommendation of staff is that subject property
be rezoned to PD based upon retaining the most flexibility for both the City and
applicant. However, a question has been raised concerning the requirement of
establishing a roadway dedication for a major or minor thoroughfare through the
proposed development. Several years ago, when City Council considered the Main
Street extension project, a connecting roadway was proposed, bht as the area has
been developed, the connecting roadway is no longer feasible. Staff is of the
opinion that a connecting roadway be a serious consideration.
457
Planning Director Harris stated the area under consideration was considered for
a general plan amendment. It was the Council's decision to retain the property
as commercial. The Planning Commission recommended the retention of the
Commercial/Industrial designation but did indicate they would allow residential
uses in a commercial designation. Planning Director was of the opinion that
P.D. Planned Development would be the most appropriate designation to allow
residential development in a commercial area.
Councilmember Hickey pointed out that during the land use hearings on subject
property, the Council designated the property commercial which would not allow
residential use. He pointed out if the Council does approve a P.D. zone, the
Council may be doing the present owner a disservice. He also pointed out, in
consideration of a primary or secondary street through the development, the
Council might require a secondary street rather than a primary street because
the street into which it ties is a secondary street.
PUBLIC HEARING OPENED:
Don Jenkins, 1481 Fawnwood Drive, stated he needed to know before the zone
change is considered whether a road would be required through the proposed
development and if so, whether it would be a primary or secondary street. He
stated if a major road is required, there is no need to rezone as Farmers Home
Administration will not approve a project with a major thoroughfare through it.
He requested that the decision on the roadway be made tonight.
Larry Kier, 425 W. Church, asked that Council consider not eliminating Cherry
Court as a primary thoroughfare since, in his opinion, the duplex located in
this proposed thoroughfare, could be moved.
PUBLIC HEARING CLOSED.
M/S: Hickey/Riley that subject matter be deferred until staff has had a chance
to come up with some recommendations concerning street location.
Councilmember Riley stated she had previously voted against residential
development in this particular area although she was not against residential
development in a commercial area. She felt this was not an appropriate area for
residential development.
Councilmembers Feibusch and Riley was of the opinion that Council should give
applicant an answer tonight whether in principal the Council agrees on the zone
change request.
Motion failed by the following roll call vote: AYES: Hickey NOES: Feibusch
Riley, Myers ABSENT: Snyder '
M/S: Riley/reibusch to introduce zone change ordinance by title only. Motion
carried by unanimous voice vote.
M/S: Riley/Myers to introduce subject zone change application by ordinance.
Motion failed by the following roll call vote: AYES: Myers NOES: Hickey,
Feibusch Riley ABSENT: Snyder
UNFINISHED BUSINESS
Policy Resolution Permittin~ Bondin~ For
Curb, Gutter, Sidewalk Improvements
City Manager Payne stated the intent of this policy resolution is to allow an
improvement agreement between a developer and the City allowing them one year
from time of approval to complete the improvements.
M/S: Hickey/Riley to adopt Policy Resolution No. 4 permitting bonding for
public improvements required with development of property within the City of
Ukiah.
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458
Councilmember Feibusch asked for clarification of Item No. 1, "or special
privilege." Director of Public Works Kruth explained circumstances of special
privilege, such as an encroachment permit or improvements completed before
building or site improvement permits were issued.
City Attorney further explained that "special privilege" did not apply to one
person but would apply to all applicants. He did not feel the term was
necessary and could be eliminated.
M/S: Feibusch/Riley to delete the term "or special privilege" and the addition
of "or" between "permit" and "approval" on page 1, lines 18 and 19. Motion
carried by unanimous voice vote.
Original motion carried by the following roll call vote: AYES: Hickey,
Feibusch, Riley, Myers NOES: None ABSENT: Snyder
Policy Resolution Regarding building permits for
requiring public improvements on remodeling projects
City Manager Payne pointed out that Section c) of the proposed resolution would
create a new condition by requiring 20% of the permitted valuation of the
proposed construction for curb, gutter and sidewalk improvements.
M/S: Hickey/Feibusch to adopt Policy Resolution requiring street improvements
with development of property within the City of Ukiah.
Ernie Fine, Ukiah, felt 20% was a substantial amount to require for street
improvements and felt this was a determination the Council did not need to make
for Ukiah citizens.
Councilmember Riley agreed with what Mr. Fine stated and pointed out that there
is a lot of remodeling being done now without a permit and this resolution would
encourage people not to get permits.
City Manager Payne pointed out that public improvements are the responsibility
of the property owner and this type of policy is the vehicle to accomplish this.
Councilmember Hickey suggested that policy item c) be made more permissive.
Director of Public Works stated that if the applicant feels an unreasonable
determination was made, he can appeal directl.y to the City Council.
Mayor Myers stated he would like to have the matter deferred so that a statement
could be added in the resolution regarding a ceiling on the amount applicable.
The maker and second withdrew their motion.
M/S: Feibusch/Riley to defer action on subject matter until Council's next
meeting of September 2, 1981.
Councilmember Riley was of the opinion the resolution should be more permissible
and less prescriptive.
Motion carried by unanimous voice vote.
Negative Declaration, Lake Mendocino Hydroelectric
Power Project
Planning Director Harris asked that the matter be continued 30 days to secure
written documentation for the initial study.
M/S: Riley/Hickey to continue subject matter to Council's September 16, 1981
meeting.
Motion carried by unanimous voice vote.
Adopt Ordinance No. 768,. Septage Receiving Regulations
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459
M/S: Feibusch/Riley to adopt Ordinance No. 768 by title only.
Motion carried by unanimous voice vote.
M/S: Hickey/Riley to adopt Ordinance No. 768 adding Article 11 to Division 4
Chapter 2 of the Ukiah Municipal Code (Septage Receiving Regulations).
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: Sndyer
Adopt Ordinance No. 769, Filing Schedule of Taxi Fares
M/S: Riley/Feibusch to adopt Ordinance No. 769 by title only.
Motion carried by unanimous voice vote.
M/S: Riley/Hickey to adopt Ordinance No. 769 amending Section 2561 of the
Municipal Code of the City of Ukiah providing for filing schedule of fares with
fares to be effective 15 days after filing with the City Clerk.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: Snyder
Set date to consider bid award, Wastewater Treatment Plant
City Manager Payne reported that the Ukiah Valley Sanitation District, at their
meeting, tentatively set August 25, 1981 at 6 P.M. for a joint meeting of the
Council and District.
M/S: Hickey/Myers that the City Council meet in adjourned session with the
Ukiah Valley Sanitation District on August 25, 1981 at 6 P.M. to consider bid
award for Wastewater Treatment Plant.
Councilmember Riley reported she would not be able to attend the meeting.
Motion carried by unanimous voice vote.
CITY MANAGER RECOMMENDATIONS
Resolution authorizin~ CommunitM. Recreation Agreement
(High School Property)
City Manager Payne stated the State of California has requested that the City of
Ukiah have an agreement with the Ukiah Unified School District specifying the .
City's rights to use the school facilities.
M/S: Riley/Hickey to approve Resolution No. 82-7 authorizing Mayor and City
Clerk to sign community recreation agreement (High School property).
Councilmember Hickey asked if the City Park pool could now be closed? City
Manager Payne stated it would mean that the high school pool would be available
for City use and did not feel the grant received was intended to replace the
Park pool.
Councilmember Riley asked if the school has first priority? City Manager Payne
stated if the school has regularly scheduled activities, then they would have
first priority. It was pointed out that the Dolphin program is being held at
the High School pool instead of the Park pool.
Mayor Myers stated, as an employee of the Ukiah Unified School District, the
City Attorney had determined the he did not have a conflict of interest.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: Sndyer
PETITIONS & COMMUNICATIONS
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Appeal Of Parking Advisory. Commission action regarding
request from MTA for "No Par.king" sign on Main Street
across from Country Library
City Manager Payne stated MTA has requested the use of two parking spaces across
the street from the Library. The matter went to the Parking Advisory Commission
and the Commission unanimously recommended against allowing the use of those
spaces. He further stated that possible alternatives are now being reviewed and
suggested that the matter be continued or dropped from the agenda pending a new
agreement.
Councilmember Riley stated she spoke to the operations manager who indicated MTA
wants to buy two parking spaces from the City and then put restrictions on the
parking spaces. This is currently being pursued at staff level.
M/S: Riley/Hickey to continue subject matter to Council's September 2, 1981
meeting.
Motion carried by unanimous voice vote.
NEW BUSINESS
Consideration of report and protests regarding
establishment of liens for weed abatement~ 1980
City Manager Payne stated the properties scheduled to have liens established
against them for last year's weed abatement were attached to the resolution as
Exhibit A.
Bill Beard, Assistant Public Works Director, stated the resolution is to take
the abatement costs which were performed by a contractor last year and place
those costs as a lien against property as provided in the Government Code. He
further stated that several letters of protest had been received.
Councilmember Hickey asked if there is any proof of mailing the notices? Mr.
Beard stated that no specific proof such as certified mail was used but that
notices were posted on the property; and, additionally, notices were mailed to
the owners shown on the assessment roles. He stated the work was performed
under the inspection of a Public Works' staff member and photographs taken of
the work done. He pointed out, in cases where the work was done on a Saturday,
pictures were taken at a later time.
Jan Shetland, Bookkeeper for Mr. Harris and Mr. Gross, stated that she had made
arrangements to have the subject property abated by Andy Anderson last year.
While Mr. Anderson was performing the work, the City contractor came on the
property and started to abate the weeds also. After contacting City
councilmembers, the contractor left the property. She further stated, a year
later, a statement was received for the abatement done by the contractor.
Bob Harris, Santa Rosa, felt the fee charged by the City contractor was
outrageous and did not see how this type of service could be justified.
Harold Titen, Ukiah, spoke on behalf of the Zbitnoff property and stated that he
had abated his property. When the contractor came by, he felt an area by the
fence needed further abatement and proceeded to do the work. He objected to the
cost of the abatement.
Andy Anderson, Ukiah, substantiated Mrs. Shetland's report and felt Mr. Harris
and Mr. Gross should not be charged.
Councilmember Feibusch asked if the contractor had been paid? Mr. Beard
reported that he had.
Councilmember Riley suggested that the Council consider separa6ely the protest
cases and asked if the other people appearing on the list had been notified of
the protest hearing? City Manager Payne stated that when the statements went
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461
out it was indicated that the matter would be on the Council's agenda to be
discussed and also indicated that a lien would be placed against the property.
Olaf Gross, Santa Rosa, asked if this was the American way to send a notice to
do a job, the job is done, and then be forced by the City to have the job done
by someone else?
Larry Kier, Ukiah, felt something was wrong with the system when someone is
charged for a job that was not done.
M/S: Feibusch/Myers to collect only engineering and administrative costs and
write off as a bad debt the remaining costs of the weed abatement.
Mayor Myers felt the motion would not be fair to the Ukiah taxpayers.
Motion failed by the following roll call vote: AYES: Feibusch NOES: Hickey,
Riley, Myers ABSENT: Snyder
Councilmember Riley made a motion to delete from Exhibit A the property owned by
the following persons: Baker, Foucault, Gross & Harris, Mayfield, Rawles and
Zbitnoff. Motion died for a lack of a second.
City Attorney pointed out that any changes must be made immediately in order to
be put on the tax rolls for this year. He further stated the Council should not
impose the liens unless they are satisfied that they are correct.
M/S: Riley/Hickey to approve Resolution No. 82-8 directing unpaid weed
abatement cost placed on tax roll with the deletion from Exhibit A of the
following property: Baker, Frederick: #3-53-1, 3-53-2, 3-53-3, 3-53-13;
Foucault, James I & Mary: #2-092-23; Gross, Olaf & Kristen: #180-03-92;
Harris, Robert & Shirley: #179-05-21; Mayfield, Joe: #3-592-4; Rawles, Jess
A.: #2-091-17 and Zbitnoff, Nicholas & Dorris: #2-114-14 - each property to be
considered on an individual basis (set forth below).
Motion carried by the following roll call vote: AYES: Hickey, Riley, Myers
NOES: Feibusch ABSENT: Snyder
Baker Property
Councilmember Riley stated that Mr. Baker claims he was not notified. Mr. Beard'
stated the address was obtained from the tax rolls and the notice sent to that
address. He further pointed out that Mr. Baker's letterhead shows that address.
City Attorney stated, with respect to the manner of giving notice, it is a valid
assessment if given in accordance with the code.
Mr. Beard pointed out that the Baker properties are on the weed abatement list
again this year.
M/S: Riley/Hickey to reinstate the Baker properties on Exhibit A.
Motion carried by the following roll call vote: AYES: Hickey, Riley, Myers
NOES: Feibusch ABSENT: Snyder
Foucault Property
M/S: Riley/Hickey to hold off on Foucault lien until report from staff is
received.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: Snyder
Gross-Harris Property
M/S: Hickey/Riley that the Gross-Harris property be deleted from Exhibit A and
no further action taken.
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Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: Snyder
Mr. Gross suggested that a date be established each year when the weed abatement
program commences.
Mayfield Property
City Manager Payne asked if Mr. Mayfield had contacted staff? Mr. Beard
reported that there has been no contact since the last Council meeting.
M/S: Riley/Hickey to continue the consideration of the Mayfield property to
Council's next meeting and that Mr. Mayfield be notified.
Motion carried by the following roll call vote: AYES: Hickey, Riley, Myers
NOES: Feibusch ABSENT: Snyder
Rawles Property
Councilmember Riley pointed out Mr. Rawles stated his parcel was not posted.
Mr. Beard reported that a separate notice is mailed and posted on the property
and this constitutes notification to the property owner.
City Manager Payne pointed out that Mr. Rawles is not saying the work was not
done but is complaining about the notification.
M/S: Hickey/Riley to reinstate the Rawles property on Exhibit A.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Myers
NOES: Riley ABSENT: Snyder
Zbitnoff Property
Mayor Myers reiterated Mr. Titen's objections.
M/S: Hickey/Riley to only charge for engineering and administrative costs in
the amount of $20 for Nicholas & Dorris Zbitnoff.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: Snyder
RECESS: 9:05 P.M.
NEW BUSINESS
General Warrants
Councilmember Hickey referred to Warrant No. 18008 to Ace Aerial Service, Inc.
and questioned the reference to Napa. City Manager Payne reported that after
the NCPA meeting in Palo Alto, he was dropped off in Napa.
Councilmember Riley referred to Warrant No. 18068 to Mendocino Transit Authority
and reported that the taxi was for the Civic Center Site Selection Committee.
M/S: Hickey/Feibusch to approve General Warrants, #18005-18128, $558,182.03.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: Snyder
Report of Administrative Actions & Proposals (R.A.A.P.)
Councilmember Riley referred to the resume of the Planning Commission meeting
and asked if Council would be receiving the minutes of the Planning Commission
meetings? City Manager Payne stated the Planning Commission ~inutes will be
sent to councilmembers.
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Councilmember Riley referred to recent Airport Commission minutes and asked if
they had received the letter? City Manager Payne reported the letter is
prepared and they will receive it prior to their next meeting.
Councilmember Feibusch asked why Ukiah Glass Co. was receiving overhead
electrical services when the Telephone Company is asking for a variance? He
read a portion of the Underground Coordinating Committee minutes of August 12,
1981. City Manager stated that staff will prepare a report.
M/S: Riley/Hickey to approve 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
CITY COUNCIL REPORTS
Matter of attendance, League of California Cities
Conference, October 17-20 (Myers)
Mayor Myers asked who would be attending the conference and asked City Clerk to
take care of the reservations for those that will be attending. City Manager
reported that department heads will also be attending.
Consideration of appointments to Airport Commission
Councilmember Feibusch nominated Leonard Winter.
Councilmember Riley nominated Walter Hamburg.
By ballot, Leonard Winter was nominated to serve on the Airport Commission.
This appointment will be confirmed by Resolution No. 82-9.
Councilmember Hickey reported that the tour of the geysers scheduled for August
28 has been cancelled. He referred to PG&E proposed 58.7% increase to the City
for the cost of power and referred to City Council's recent action not to
approve an increase in 1982 and stated perhaps it was a good thing City Council
took that position.
Councilmember Feibusch reported that Senator Keene voted for the closed shop.
Councilmember Feibusch asked what means of security we could obtain for the door
from the Chambers into the other part of the building?
Councilmember Riley reported that Bruce Richard from Marin has been hired as MTA
Director.
She reported that the Federal Emergency Flood Insurance final meeting would be
held August 25, 1981 at 1:30 P.M. Mayor Myers and Councilmember Hickey will
attend.
She reported that the Redwood Empire Association is asking for nomination from
the City Council for a representative to serve on their Executive Board. It was
the consensus that announcement be made to the general public that the Council
will be nominating a person to serve on the Executive Board of the Redwood
Empire Association.
Mayor Myers read a letter from Assemblyman Bosco expressing thanks for the
telegram regarding ABl137. He also read a letter from Senator Keene thanking
the Council for their resolution regarding Power Plant Fuel Act.
Mayor Myers requested staff to review a resolution regarding public retirement
system and if appropriate, to agendize the matter.
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Mayor Myers reported he has a phamplet available "Working Sharing" from the
League of California Cities for councilmembers to review.
General Plan - Land Use Hearings
Mayor Myers set August 25, 1981 for consideration of land use changes following
the meeting at 6 P.M. with the Ukiah Valley Sanitation Board.
·
ADJOURNMENT - to August 25, 1981 at 6 P.M. ~
MARY MELVIN
Deputy City Clerk
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