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MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH
JULY 15, 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:
Feibusch, Snyder, Riley, Myers. Councilmember absent: Hickey. Staff present:
Payne, Orchard, Beard, Harris, Tillotson, Melvin
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Mary Vest, Business and Professional Women's Association
and Councilmember Feibusch gave the pledge of allegiance.
APPROVAL/CORRECTION OF MINUTES OF REGULAR MEETING
M/S: Riley/Snyder to approve the minutes of July 1, 1981 as amended.
Motion carried by the following roll call vote: AYES: Feibusch, Snyder, Riley,
Myers NOES: None ABSENT: Hickey
CONSENT CALENDAR
Councilmember Feibusch asked if a resolution should be handled separately from the
Consent Calendar? City Attorney Orchard stated that a resolution could either be
handled separately or on the Consent Calendar.
M/S: Feibusch/Riley to approve Agenda Items 6a - 6g on the Consent Calendar as
follows:
6a. Payroll Warrants, #15796-15963, $68,357.90;
6b. General Warrants, #17704-17753, $100,405.52 and #17754-17853, $117,572.04;
6c. Awarded bid for parking lot improvements at Stephenson and Oak Streets to
Lee Howard Construction Company in the total amount of $17,406.30;
6d. Awarded bid for chlorine gas to Continental Chemical in the total amount of
$15,052.00;
6e. Approved Resolution No. 82-3 authorizing a procedure for destruction of police
records;
6f. Accepted the improvements to Ford Orchard Subdivision Nos. 1 and 2 as complete
and authorized reduction of the improvement.security to 10%;
6g. Approved Report of Administrative Actions ~md Proposals. i
Motion carried by the following roll call vote: AYES: Feibusch, Snyder, Riley,
Myers NOES: None ABSENT: Hickey
ADDITION TO AGENDA
City Manager Payne requested that Item No. 9c, acquisition of surplus fire fighting
truck, be added to the agenda.
M/S: Snyder/Riley to add Agenda Item 9c, acquisition of surplus fire fighting truck
to agenda. Motion carried by unanimous voice vote.
PUBLIC HEARING
Weed Abatement
City. Manager Payne stated it is necessary to open this hearing and continue subject
matter to provide for legal notice.
PUBLIC HEARING OPENED:
No audience participation.
Mayor Myers continued weed abatement hearing to next Council meeting.
422
UNFINISHED BUSINESS
Adopt Ordinance No. 765 Regarding
Parking Advisory Commission Membership
M/S: Snyder/Feibusch to adopt Ordinance No. 765 by title only. Motion carried by
unanimous voice vote.
M/S: Snyder/Feibusch to adopt Ordinance No. 765 amending Section 1161 of Article 4a
relating to the Parking Advisory Commission.
Motion carried by the following roll call vote: AYES: Feibusch, Snyder, Riley,
Myers NOES: None ABSENT: Hickey
Negative Declaration~ Mendocino Hydroelectric Genera~in~ Plant
City Manager Payne requested subject matter be continued as discussion is still
continuing between the City and other agencies.
M/S: Riley/Snyder to continue consideration of negative declaration, Mendocino
Hydroelectric Generating Plant, to Council's August 5, 1981 meeting.
Councilmember Feibusch asked for clarification of Analysis as contained in Planning
Director's memorandum of July 10, 1981. City Manager Payne stated one of the
agencies was Sonoma Water and their concern is the amount of water coming over the
dam while construction is in progress.
Motion carried by unanimous voice vote.
Appointment of Civic Center Site Selection Committee
Mayor Myers continued subject matter for the arrival of Councilmember Hickey.
CITY MANAGER RECOMMENDATIONS
Policy Resolution~ Installation Cur.b~
Gutter and Sidewalk
Councilmember Hickey arrived at 6:45 P.M.
"~r~annmng Director Harris stated the policy resolution is needed to assistlstaff in
the equitable enforcement of the requirement for curb, gutter and sidewalks.
Discussion was had regarding wording of the proposed resolution and separation of
issues dealing with building permits and posting of bonds for a period of one year
in lieu of completing construction prior to filing final parcel map. Council also
discussed the proposed resolution being reviewed by the Planning Commission. No
action was taken regarding this.
M/S: Feibusch/Snyder to send the proposed resolution back to staff to be rewritten
and to bring it back at a subsequent time.
Motion carried by unanimous voice vote.
Appointment of Civic Center Site Selection Committee
Mayor Myers reported that the Planning Commission has recommended that Duke Fenter
be appointed to the Civic Center Site Selection Committee.
M/S: Snyder/Hickey to appoint Duke Fenter, Planning Commission representative, to
the Civic Center Site Selection Committee. Motion carried by unanimous voice vote.
Councilmember Feibusch nominated Ira Brannon as a member at large;
Councilmember Hickey nominated Don Rones as a member at large;
Councilmember Riley nominated Steve Parks as a member at large.
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M/S: Riley/Feibusch to close the nominations. Motion carried by unanimous voice
vote.
Mayor Myers reported that the President of the Chamber of Commerce would be willing
to serve on this Committee. The Council did not feel this would be appropriate as
she is also a member of the Planning Commission. Mayor Myers stated that the
Manager, Bill Fowler, of the Chamber indicated he would be willing to serve.
Councilmember Feibusch felt a member could be selected from the Chamber membership
list.
M/S: Hickey/Riley to nominate Bill Fowler as the Chamber of Commerce representative
for the Civic Center Site Selection Committee. Motion carried by 4-1 (Feibusch)
voice vote.
Councilmember Riley nominated Councilmember Snyder a~ Council's representative;
Councilmember Snyder nominated Councilmember Riley as Council's representative.
M/S: Hickey/Snyder to close the nominations. Motion carried by unanimous voice
vote.
SPECIAL ORDER OF BUSINESS
Adopt Ordinance No. 760~ Regulation of Smokin~
M/S: Riley/Snyder to adopt Ordinance No. 760 by title only. Motion unanimously
carried by voice vote.
M/S: Riley/Feibusch to adopt Ordinance No. 760 amending Division 5 Chapter 6 of the
Ukiah Municipal Code pertaining to the regulation of smoking.
Councilmember Snyder requested the following minor changes be made to the ordinance:
Article 4, Section 4504c: Delete ", and may be granted,".
Article 4, Section 4505c: Change "state" to read "stage".
Article 5, Section 4506a: Councilmember Snyder stated she did not object to the
wording of the last sentence, but pointed out it is different from what was approved
by Council at their last meeting.
Catherine Crane, 1443 Elm, asked for clarification of smoking in City owned
buildings. City Manager Payne read Article 2 and stated his interpretation of this
article was that there is no smoking in any building owned by the City.
Catherine Crane stated she is an employee of the City and asked if it is correct
that while prisoners are allowed the smoke, the employees would not be able to do
so? City Attorney Orchard stated prisons are governed by State law and are not
covered by local ordinance.
Motion carried by the following roll call vote: AYES: Feibusch, Snyder, Riley
NOES: Hickey, Myers ABSENT: None
CITY MANAGER RECOMMENDATIONS
Policy Resolution, Chay~es For Cost Of Undergroundin~
City Manager Payne stated approval of this resOlution would clearly establish that
labor charges be included in the costs to be paid by developers for extension of
City main lines or other plant facilities~
M/S: Riley/Feibusch to approve Policy Resolution No. 2 administering City of Ukiah
Rule and Regulation No. 1 and Utility Connection Charges.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder.,
Riley, Myers NOES: None ABSENT: None
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Acquisition of Surplus Airport Fire Fighter Truck
City Manager ~ayne stated federal surplus property is made available through the
California Department of Forestry and the City has the opportunity to acquire a fire
fighter truck that would be kept at the airport. The City will have no financial
obligation as the truck will be obtained on a permanent loan basis. If there are
any major repairs necessary, the City can return the truck.
Councilmember Feibusch asked if the truck had been inspected? City Manager Payne --"~
reported that the Fire Chief and another person went to Moffett Field to inspect the .......
truck and they felt it was in good condition.
Councilmember Snyder suggested the airport supervisor or one of its employees be
trained in the operation of this equipment. City Manager Payne stated he would
investigate this possibility.
Motion carried by unanimous voice vote.
NEW BUSINESS
Appeal of Plannin~ Commission Action Re
Use Permit No. 81-83~. Titen
M/S: Hickey/Feibusch that the appeal be granted with the'requirement that a fence
be installed and conditions 1-20 as set forth in the May 23, 1979 minutes of
Planning Commission.
Concern was expressed by some councilmembers with enforcement of daytime use only;
appropriate use of the parcel, increased traffic, turn around space, crowded
condition of the back of the parcel and the potential, with the crowded condition of
the back of the parcel, for vandalism.
It was pointed out that "no left turn" is a condition of approval and that turn
around pockets are delineated on the plot plan for traffic flow.
Councilmember Feibusch asked if provision had been made for compact car parking?
Planning Director Harris stated this has not been done yet and is one of the
recommendations of the zoning ordinance.
Councilmember Feibusch asked applicant to clarify "future 60x80 building"~, Harold
Titen, applicant, stated the building would be for a retail store and conStruction
would proceed when a tenant is found.
Councilmember Snyder asked for clarification of landscaping. Planning Director
Harris stated landscaping is provided along State Street frontage and also is
continued to the rear portion between residential and commercial facilities.
Councilmember Snyder felt there should definitely be a buffer between residential
and commercial usage.
Applicant stated he would be living on the property, the property has hedges around
it, except for the front, and would be fenced.
In answer to how the mini storage would operate on daylight hours only, City Manager
Payne stated that if any violation were to occur, applicant would be brought back to
the Planning Commission for revocation of his use permit.
M/S: Snyder/Riley to amend the original motion by requiring a chain link fence with
slats between this property and residential and that ample landscaping be required
as a buffer for residential and commercial usage.
Amendment to original motion carried by the following roll call vote: AYES:
Feibusch, Snyder, Riley, Myers NOES: Hickey ABSENT: None
Original motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
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Request For Issuance Of Taxi Permit/Blodgett
City Manager Payne stated that MTA, in its memorandum of July 7, 1981, recommended
that the City Council proceed to grant taxi permits for the hours that MTA is not in
operation. He did not feel the City should limit the number of permits issued and
felt it should be made clear that the City will not subsidize any taxi operation.
Councilmember Riley pointed out that the memorandum was approved by MTA Board.
Philip DeJong, representing Mr. Hall, Stated he concurred with the City Manager's
recommendation regarding number of permits issued.
Warren Blodgett, Lakeport, did not feel two taxis could operate in the City and
stated the insurance companies require a letter from.the City stating the insurance
requirements.
City Attorney Orchard stated the insurance requirements now are $10,000/$20,000.
Councilmember Hickey suggested insurance be provided in the amount of
$100,000/$300,000.
City Manager Payne felt, after review of the ordinance, that it was very
comprehensive and felt Council might want to review the entire ordinance and delete
those sections not appropriate.
M/S: Riley/Hickey to grant taxi permits to Mr. Blodgett and Mr. Hall to operate
their taxi during the hours that MTA is not operating; permits will be up for review
after a period of one year; it is City Council finding that the minimum insurance
policy should be $100,000 per person, $300,000 per incident and $50,000 property
damage and applicant shall meet all other requirements of the ordinance.
Councilmember Snyder pointed out that granting by the Council of taxi permits does
not in any way mean the City will subsidize any taxi operation.
The maker and second of the original motion amended that motion to add Councilmember
Snyder's statement regarding the City not subsidizing any taxi operation.
City Manager Payne s{ated that according to Section 2561 of the ordinance each
person holding a permit must at all times keep on file with the City an up to date
fare schedule and the fares shall be approved by the City Council. He further
stated the Council may not wish to sit as a rate.'setting agency and the ordinance
may need to be amended. ....
It was the consensus of Council to direct City Manager and City Attorney to work on
the removal of Council setting rate schedule from the ordinance.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder,
Riley, Myers NOES: None ABSENT: None
Resolution No. Approving. Tentative Subdivision
Map, L. Garrison
M/S: Snyder/Feibusch to approve Resolution No. 82-4 approving Tentative Subdivision
Map No. 78-48, L. Garrison.
Discussison was had regarding ingress and egress Of traffic. It was pointed out
that one of the conditions of approval requires that "not less than two lots be
combined for the purposes of development."
Motion carried by the following roll call Vote: AYES: Hickey, Feibusch, Snyder,
Riley, Myers NOES: None ABSENT: None
HUD Letter Re Development Of Housing
Under Section 8 Housing Assistance Payments Program
M/S: Riley/Feibusch City Council direct that a letter be sent to HUD stating they
have no objection to the application submitted by North Coast~Opportunities.
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Motion carried by unanimous voice vote.
Matter Of Ukiah Valley Fire District election
City Manager Payne stated this was informational only. He further reported on
attendance at the public meetings. It was pointed out that the news media had
provided coverage regarding subject matter.
Introduce Ordinance Updating Purchasing Ordinance
To Conform To State Code
City Attorney Orchard stated the proposed ordinance would amend City Code contract
procedure to raise the minimum to $5,000 for bid with an automatic escalation
depending on future changes by the legislature.
After considerable discussion regarding the figure of $5,000, it was felt that the
ordinance should read as proposed by City Attorney.
M/S: Riley/Snyder to introduce Ordinance No. 766 by title only. Motion carried by
unanimous voice vote.
M/S: Hickey/Feibusch to introduce Ordinance No. 766 amending Section 1521 of
Article 2 of the Ukiah Municipal Code relating to bidding procedures.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder,
Riley, Myers NOES: None ABSENT: None
Introduce Ordinance Amendin~ Ukiah Municipal Code
Allowin~ F~el Adjustment Cost Pass Through
City Manager Payne stated during the budget hearings, Council discussed receipt by
the City from PG&E of fuel adjustment costs and the fact there is no law to pass
this directly on to the City's customers. He pointed out that this does not deal
with base rate but only fuel rate adjustments.
City Attorney Orchard reviewed for Council Section 3951 of the proposed ordinance
and pointed out that adjustments will be adopted without adherence to the noticing
requirements.
Councilmember Feibusch pointed out that the ordinance does not spell out ithe source
of the energy to which the fuel adjustment is related.
M/S: Snyder/Riley to introduce Ordinance No. 767 by title only. Motion carried by
unanimous voice vote.
M/S: Snyder/Riley to introduce Ordinance No. 767 amending Article 1, Chapter 6 of
the Ukiah Municipal Code entitled procedure for amending utility rates and to insert
on line 15 the word "P.G.&E." before "fuel cost."
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder,
Riley, Myers NOES: None ABSENT: None
Introduction Of Ordinance Controlling Septage Disposal
M/S: Hickey/Snyder to introduce Ordinance'controlling septage disposal by title
only. Motion carried by unanimous voice vote.
M/S: Snyder/Hickey to introduce Ordinance adding Article 11 to Division 4 Chapter 2
of the Ukiah Municipal Code (Septage Receiving Regulations).
After discussion regarding the wording contained in the ordinance, procedure for
delivery or discharge to the Ukiah Wastewater Treatment Plant and collection of
fees, it was the consensus of Council that subject matter be carried over to the
next meeting for review when the Director of Public Works can be present.
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Matter Of Airport Commission Vacancy
City Manager Payne stated the one applicant was not eligible as he lived outside the
City limits.
It was the consensus of Council that City Clerk readvertise for the vacancy on the
Airport Commission.
COMMENTS FROM AUDIENCE
Linda Foster, Ukiah, congratulated Council on resolving the taxi business and wished
Council good luck on the new smoking ordinance.
CITY COUNCIL REPORTS
Councilmember Hickey referred to notice from PG&E of their withdrawal of the second
step of the proposed rate increase to the five PG&E cities that are in NCPA plus
three other cities. He stated they would file again.
Councilmember Hickey referred to the letter from Bob Grimshaw, General Manager of
NCPA, concerning Calaveras Project, pointing out that this was a preliminary draft
and urged that it not be showed around. Mr. Grimshaw stated further that in the
very near future, a final draft would be ready for discussion.
Councilmember Hickey reported he and Maurice Roper went to Sacramento for the final
hearing before WA]PA on the 102 megawatt CVC power that will be available. He felt
the City had a good chance to acquire some of the CVC power.
Councilmember Feibusch requested the City Manager review the business license fees
and report back to Council.
Councilmember Feibusch requested staff prepare the necessary document to provide for
compact car spaces and suggested it first be reviewed by the Planning Commission and
Parking Advisory Commission.
Councilmember Snyder referred to the City Manager's report concerning the Civil
Service Board. She pointed out that if the ordinance is to be followed, Council
needs to appoint a new Civil Service Board.
Councilmember Snyder stated that the Colonel frpm the National Guard repqrted things
are slow this month due to the medfly situation"and they will be back in'Ukiah in
August. She further reported that the National Guard did locate a classroom at
Yokayo School.
Councilmember Riley asked if the presentation by the group from Cotati that won the
Cotati affordable housing competition had been arranged? Planning Director Harris
stated that it had not.
Councilmember Riley reported she and Councilmember Hickey had been appointed to meet
with Supervisor Hamburg to discuss Class K Housing.
Councilmember Riley invited councilmembers to a reception to announce the
publication of a book about Gualala at the Sun House this Sunday, July 19.
ADJOURNMENT - 9 P.M.
MARY MELVIN
Deputy City Clerk
Reg. Mtg.
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