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MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH
JULY 1~ 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, Shepard, Melvin.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given byAndy Broaddus, Senior at Ukiah High School and
Councilmember Hickey gave the pledge of allegiance.
APPROVAL/CORRECTION OF MINUTES OF REGULAR MEETING, 6/17/81
M/S: Riley/Snyder to approve the minutes of June 17, 1981 as amended.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
APPROVAL/CORRECTION OF MINUTES OF ADJOURNED MEETINGS, 6/9/81, 6/15/81 and
6/16/81
M/S: Riley/Hickey to approve the minutes of adjourned meetings of June 9,
1981, June 15, 1981 and June 16, 1981.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
RIGHT TO APPEAL DECISION
Mayor Myers read a portion of Section 1094.6 of the Code of Civil Procedure
regarding appeal procedure.
CONSENT CALENDAR
Councilmember Feibusch requested that Agenda Items 6i and 6k be pulled;
Councilmember Riley requested that Agenda Item 6g be pulled.
M/S: Snyder/Hickey to approve Agenda Items 6a-f, 6h and 6j on the Consent
Calendar as follows:
6a. Payroll Warrants, #15634-15795, $64,119.97.
6b. General Warrants, #17616-17703, $567,871.38.
6c. Denied claim for damages filed by Kathy Crabtree.
6d. Denied claim for damages filed by Corinne Ornelas.
6e. Denied claim for damages filed by R. Craig Wayment.
6f. Awarded bid for pickup truck cab and chassis to Janway Ford in the
amount of $6,764.59 plus tax.
6h. Awarded bid for communication maintenance agreement to Atcomm, Inc. on a
monthly basis of $617.90 with a thirty day cancellation clause.
6j. Authorized bad debt write off as of June 30, 1981.
Motion carried by the following roll call vofe: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
UNFINISHED BUSINESS
Second Reading, Ordinance No. 761~
Prezone Airport/S. State Annexation Area
M/S: Feibusch/Riley to adopt Ordinance No. 761 by title only. Motion
carried by unanimous voice vote.
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M/S: Hickey/Snyder to adopt Ordinance No. 761 prezoning certain property
(Airport-South State Street).
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
Adopt Ordinance No. 762~ Revision To City Zoning Ordinance~
Article 12a, Condominium Density
M/S: Snyder/Riley to adopt Ordinance No. 762 by title only. Motion carried
by unanimous voice vote.
M/S: Snyder/Riley to adopt Ordinance No. 762 amending Division 9, Chapter 2
of the City of Ukiah zoning ordinance - condominium density.
Motion carried by the following roll call vote: AYES: Feibusch, Snyder,
Riley, Myers NOES: Hickey ABSENT: None
Adopt Ordinance No. 763~. Authorization of NCPA to Issue Revenue
Bonds Project No. 1 - Development Fund Bonds
M/S: Hickey/Snyder to adopt Ordinance No. 763 by title only. Motion carried
by unanimous voice vote.
M/S: Hickey/Snyder to adopt Ordinance No. 763 authorizing the Northern
California Power Agency to issue revenue bonds (NCPA Project No. 1 -
Development Fund Bonds).
Motion carried by the following roll call vote: AYES: Hickey, Snyder,
Riley, Myers NOES: Feibusch ABSENT: None
Adopt Ordinance No. 764~ Authorization Of NCPA to Issue Revenue Bonds,
Shell East Block Project - Second Phase Bonds
~/S: Snyder/Riley to adopt Ordinance No. 764 by title only. Motion carried
by unanimous voice vote.
M/S: Snyder/Hickey to adopt Ordinance No..764 authorizing the Northern
California Power Agency to issue revenue b0~ds (Shell East Block Project -
Second Phase Bonds).
Motion carried by the following roll call vote: AYES: Hickey, Snyder,
Riley, Myers NOES: Feibusch ABSENT: None
First Reading, Ordinance No. 765~ Reduce Parkin~ Advisory
Commission From 7 Members to 5 Members
M/S: Riley/Hickey to introduce Ordinance No. 765 by title only. Motion
carried by unanimous voice vote.
M/S: Riley/Hickey to introduce Ordinance No. 765 amending Section 1161 of
Article 4a relating to the Parking Advisory Commission.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
CITY MANAGER RECOMMENDATIONS
Matter of Civic Center Site Selection Committee
City Manager Payne stated one of the priorities the Council set out in the
goals and policies was the establishment of a Civic Center site. In order
achieve that goal, definition of where that site would be is needed. He
recommended establishment of a seven member short term committee to be
appointed July 15, 1981 and charged to make recommendation to the City
Council for a location of a future civic center site; recommendation to be
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made no ~ater than September 2, 1981 on which date the committee will
"sunset." He further recommended that the committee be made up of 2 City
Council members, 1 Planning Commission member, 1 member from the Chamber of
Commerce and 3 members at large.
Councilmember Snyder stated, from previous Council discussion, the Council
felt that a site selection committee would not be palatable and felt that the
City Council should be the selection committee. She felt the councilmembers
know what sites are available and she was not in favor of a site selection
committee.
Councilmember Feibusch felt the electorate had appointed councilmembers to
make decisions and felt the decision should be mmde by the City Council.
Councilmember Hickey felt that input was needed from the Chamber of Commerce
and businesses and as the committee is of short term, was of the opinion that
a great deal can be accomplished by having input from other sources as well.
Councilmember Riley liked the idea of a committee, felt the City Council will
still make the decision and was of the opinion that the more participation in
decision making, the better.
M/S: Hickey/Riley to adopt City Manager's recommendation regarding Civic
Center Site Selection Committee.
Motion carried by the following roll call vote: AYES: Hickey, Riley, Myers
NOES: Feibusch, Snyder ABSENT: None
After discussion of selection of committee members, it was the consensus of
Council that news media will advise the public that Council is seeking people
who would be willing to serve on this committee.
NEW BUSINESS
Discussion of Class K Housing
Councilmember Hickey recommended that the City Council send a letter to the
Board of Supervisors protesting their action regarding Class K housing and
ask that no Class K housing be allowed within City of Ukiah's spherelof
influence. He further stated that the mayors of Fort Bragg and Willits have
indicated they will be sending letters of protest to the Board of
Supervisors. The City of Point Arena has already done so.
Planning Director Harris explained the sphere of influence map and stated
"rural" within Class K relates to land zoned as one acre minimum or larger.
Councilmember Riley felt, by previous Council action, the City's sphere of
influence was to follow the Westside Annexation Strategy. Planning Director
Harris stated the sphere of influence is a term adopted by LAFCO as the
planning area for Ukiah but does not indicate the City will annex that area.
Councilmember Riley stated, if a stand on Class K is taken, it should be the
area that the City intends to annex at some future date and as she understood
it, the City only intends to annex according to the Westside Annexation
Strategy which is smaller than the sphere of influence.
Councilmember Feibusch would not be in favor of a blanket condemnation of
Class K housing because the map showing the City's sphere of influence
includes many outlying areas where cabin type housing would not be a problem.
It was pointed out that July 9, 1981 is the deadline for protests to be
received by the Board of Supervisors.
Councilmember Sndyer stated she did not have a problem with north, south or
the west sphere of influence and felt Council could use sphere of influence
as this is the City's immediate surrounding area.
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M/S: Riley/Feibusch to send a letter to Board of Supervisors suggesting that
Class K housing be disallowed in that area of Ukiah's sphere of influence
covered by Westside Annexation Strategy.
Councilmember Hickey pointed out that this would get very close to the City
limits on one side because it uses the freeway as the dividing line and felt
everything north of Ukiah on the right side of the freeway could be Class K
housing.
The maker and second amended the original motion to keep the eastside of the
valley limited to 20 acre lots for Class K housing.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
415
SPECIAL ORDER OF BUSINESS - 7 P.M.
Ordinance No. 760~ Regulation of Smokin8 (Riley)
M/S: Riley/Snyder to introduce Ordinance No. 760 by title only. Motion
unanimously carried.
M/S: Riley/Snyder to introduce Ordinance No. 760 amending Division 5 Chapter
6 of the Ukiah Municipal Code pertaining to the regulation of smoking with
the following amendments:
New Article 2 added: "PROHIBITION OF SMOKING IN CITY OWNED
FACILITIES. It shall be unlawful for any person to smoke or to
cause the production of tobacco smoke at any time in the City Hall,
the Council Chambers, or in any City owned facility; except that
employees in City Hall may smoke in the patio area on regular breaks
and lunch periods.
Article 4, Section 4503c: Delete "request of the City Council and
be granted an" and insert "apply for an".
Article 5 - deletion of "And Duty To Inform" from article title.
Article 5, Section 4505B - deleted.
Article 5, Section 45fSA - Add after last sentence: ""No Smoking" or
"Smoking In Designated Areas Only" signs with letters of not less than one
(1") inch in height shall be posted at the entrance on all businesses
controlled by this ordinance."
Article 6, Section 4506c - delete the wording "It shall be unlawful fqr" and
insert "It is the right of"; delete the word"~"'not'' and "orally". '
Article 6, Section 4506d: Delete and insert: "Any' citizen who
wishes to register a complaint hereunder may initiate enforcement
at City Hall."
Article 6, Section 4506f - delete "or c)".
Councilmember Feibusch asked that the following sentence be used instead of
the one given for Article 5, Section 4504A: "Signs shall be conspicuously
posted at the entrance or entrances of all premises controlled by this
ordinance designating that smoking is prohibited throughout the premises or
smoking is permitted in designated areas only." The maker and second agreed
to amend the original motion, Article 5, Section 4504A with the above
statement.
City Manager Payne pointed out that the new Article 2 is already covered by
Section 4502i as the remainder of the ordinance does allow for discretion and
if Article 2 is inserted, no discretion is left for smoking areas in places
such as the golf shop, garage or police building.
Councilmember Riley was of the opinion that Article 2 was necessary as
Section 4502i did not speak to places of employment under the control of the
City. City Manager Payne felt that Section 4502j covered this area.
Councilmember Hickey stated'even though he is opposed to the ordinance, by
removal of "duty to inform", the ordinance is completely emasculated.
City Attorney Orchard was of the opinion that the ordinance should indicate
whether the signs should be posted on the exterior or interior of entrances.
The maker and second amended the original motion, Article 5A, to insert the
word "exterior" before "entrance".
Those that spoke in favor of the ordinance were:
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Rich Weiner
Doug Puckering
Those that spoke against the ordinance were:
Warren Liberty
Dick Selzer
Motion carried by the following roll call vote: AYES: Feibusch, Snyder,
Riley NOES: Hickey, Myers ABSENT: None
NEW BUSINESS
Resolution Establishing Standards For Mobile Homes
On Single Family Lots
Councilmember Snyder suggested that wording be added indicating installation
may be subject to certain other requirements applicable to conventionally
constructed single family residential dwellings. She felt this wording
important so mobilehomes would be subject to the same requirements as single
family homes are. Planning Director Harris indicated that type of wording
would be appropriate.
Councilmember Feibusch felt the intent of the State law was to provide
affordable housing and passage of this resolution would successfully
eliminate any possibility of affordable housing because it limited
mobilehomes to only the siding material listed in the resolution and felt the
requirement of eaves was not actually necessary.
M/S: Snyder/Riley to approve Resolution No. 82-2 with the addition to "(c)
Permits:" after the last sentence "subject to any other requirements
applicable to conventional single family dwellings."
Motion carried by the following roll call vote: AYES: Snyder, Riley, Myers
NOES: Hickey, Feibusch ABSENT: None
Matter of Calaveras Project
Councilmember Hickey stated, baseH on the lack of information supplieR, he
would recommend that the City Manager, who will be attending NCPA meeting on
subject matter tomorrow, be instructed by Council to either (1) advise NCPA
that when information is received an evaluation will be made or (2) if they
insist on an answer at the meeting, tell them the City cannot approve the
agreement.
M/S: Hickey/Feibusch to instruct City Manager Payne to (1) advise NCPA when
further information is received for evaluation, then an answer will be given
NCPA or (2) if NCPA must have an answer at their meeting tomorrow, that the
City cannot approve the agreement.
Discussion was had regarding length of time for sale of bonds, cost to the
City during time of sale of bonds and because of high cost of project, it
will probably be 1995 before cost of the power from this project will be no
higher than the cost of PG&E.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
Certificate of Negative Declaration - Lake Mendocino
Hydro Electric Project
M/S: Riley/Hickey to continue subject matter to July 15, 1981 Council
meeting as requested in Planning Director's June 26, 1981 memorandum.
Motion carried by unanimous voice vote.
Award of Bid For Petroleum Products
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Councilmember Riley pointed out that there is only one bid from a local firm
and felt the City should encourage local bidders. Director of Public Works
stated that this does include a 30 day cancellation clause in order to give
the City opportunity to get together with the County and Schools.
M/S: Riley/Hickey to approve award of bid to Texaco Inc. for regular,
unleaded ethyl, no lead gasoline and motor oils and to Chevron
(O'Hair-Senter, Inc) for diesel fuel for the period July 1, 1981 to June 30,
1982 with a thirty day cancellation clause.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
Resolution Declaring Weeds and Rubble Public Nuisance
Councilmember Feibusch asked that staff be instructed to engage private firms
and that City crews not be used. Director of Public Works Kruth stated that
owners are being contacted and advised what people to contact for the weed
abatement and felt this would be a better procedure than a blanket contract.
City Manager Payne felt that the matter should be agendized for Council to
set definite policy regarding subject matter.
M/S: Feibusch/Riley to approve Resolution No. 82-1 declaring weeds and
rubble upon private property to be public nuisance and ordering abatement of
same.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
R.A.A.P.
Councilmember Feibusch suggested that just a summary of the material that is
available at City Hall be listed on the RAAP sheet.
·
Councilmember Snyder felt the agenda and minutes of the Planning Commission
should be sent to councilmembers.
It was the consensus of Council, in order ~o cut down on paper, thatlthe
minutes of the Board of Supervisors not be sent to councilmembers and to
reduce where appropriate.
M/S: Feibusch/Riley to approve Report of Administrative Actions and
Proposals.
Motion carried by the following roli call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
COMMENTS FROM AUDIENCE
Don Vander Mey, 917 Dominican, asked how the audience would be recognized to
speak on agenda items. Mayor Myers stated that the mayor would recognize
anyone wishing to speak on any item.
Warren Blodgett, Lakeport, asked if Council will take action regarding taxi
cab permit to operate in the City of Ukiah.
Mayor Myers read a news release announcing the transfer of Dial-A-Ride to MTA
effective July 1, 1981.
City Manager Payne reported he received a call from one of the taxi
applicants or his attorney asking to be placed on the agenda. City Manager.
informed him that the matter could not be heard until the July 15 Council
meeting.
Mr. Blodgett indicated he needed a decision soon for insurance reasons.
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Councilm~mber Snyder asked if the City is the public agency now for this type
of request or should it go before MTA first? City Attorney stated, at this
point, the City has made no concession with MTA regarding taxi service and
the City's ordinance regarding permits is still in force.
It was suggested that City Attorney get together with Ernie Dickens to work
this out. City Manager pointed out that it would be appropriate for the City
Attorney to determine the legalities of subject matter but it is City Council
policy whether to enter into issuance of permits.
Councilmember Snyder stated she would feel uncomfortable, after transfer of
Dial-A-Ride to MTA, to issue taxi permits. She felt the taxi permit process
should start first with MTA and then come back to the City Council.
It was the consensus of City Council that taxi permit applicants first go to
MTA and then come back to the City Council.
Linda Foster, Ukiah, took exception to Councilmember Riley's statement
regarding mobilehomes and felt mobilehomes are able to fit into residential
areas and are a way for young couples to afford housing.
CITY COUNCIL REPORTS
Councilmember Snyder reported that AB 35 regarding election of city clerk and
treasurer was defeated in the Assembly committee.
Councilmember Snyder wonder what the position of Haikukiah was. City Manager
Payne stated he would report at another time.
Councilmember Riley asked if City Council wanted her to contact MTA and
agendize taxi night time service. It was the consensus of City Council for
her to do so.
Councilmember Riley stated that there are mobilehomes in her neighborhood
which arn't done well but felt mobilehomes can be done very nicely on
residential lots.
Councilmember Riley reported she had talked to a group from Cotati who had won
the Cotati 'affordable housing;competition and asked if City Council would
like a presentation. It was the consensus of Council that a joint City
Council/Planning Commission presentation be given.
Mayor Myers reported City Council has adopted the 1981-82 budget and revenue
sharing for July 1, 1981 to June 30, 1982. He stated copies are available.
Mayor Myers reported he received a letter from Senator Alan Cranston
regarding fuel use act. The Senator stated he will do all he can to enact
SB410 and was in favor of the City's proposal.
Mayor Myers reported that it is necessary to recommend appointment of new
members to the Regional Costal Commission.
M/S: Snyder/Riley tO nominate Councilmember Hickey as the City's nominee to
serve on the Regional Coastal Commission. Unanimously carried by voice vote.
Mayor Myers stated that the Selective Service is requesting City Council
appoint a member to the local draft board.
Mayor Myers reported that Joe Scaramella was appointed to LAFCO.
General Plan Hearings
City Council set July 13, 1981 at 1 P.M. to finish with General Plan elements
and beginning with first City Council meeting in August to hear land use. It
was suggested this be agendized to be heard from 7-8 P.M.
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ADJO~NT - 8:50 P.M.
MARY MELVIN
Deputy City Clerk
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