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MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH
June 17. 198l
The City Council convened in regular session at 3:30 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, Tillotson, Melvin.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Charles W. Devine, President, Mendocino Community
College Facility and Councilmember Snyder gave the pledge of allegiance.
.,
APPROVAL/CORRECTION OF MINUTES OF REGULAR MEETING, 5/20/81
M/S: Riley/Hickey to approve the Minutes of May 20, 1981 as amended.
Motion carried by the folloWing roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
ADDITIONS TO THE AGENDA
City Attorney Orchard requested that Agenda Item 12K, NCPA Service Contract and
Item 12L, Agreement between PG&E and City be placed on the agenda.
M/S: Snyder/Riley to place Agenda Items 12K and 12L on the agenda.
Mayor Myers requested that Item 14A, Committee appointments, be added to the
agenda.
The maker and the second agreed to amend the motion to add Item 14a to the
agenda.
Motion carried by unanimous voice vote.
APPROVAL/CORRECTION OF MINUTES OF ADJOURNED MEETINGS,
5/18/81, 6/1/81, 6/2/81, 6/8/81
M/S: Riley/Hickey to approve the minutes of~-adjourned meetings, 5/15/81,
6/1/81, 6/2/81 and 6/8/81. "~ '
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/Rileyto~approve Agenda
follows:
6a. Payroll Warrants, #15318-15474, $106,209.05 and #15475-15633, $112,881.31.
6b~ General Warrants, #17433-17496, $188,199.75 and #17497-17615, $239,722.38.
6c. Denied claim for .damages filed by Rochell M. Fostmeir.
6d. Approved Resolution No. 81-78 adopting pay plan for 1981-82 fiscal year.
6e. Approved budget transfer authorization from Account No. 100 1990 690 in the
amount of $2,000 to Account No. 900 101 001 to provide funds for City's share of
Ukiah Solid Waste audit.
6f. Approved Resolution No. 81-79 authorizing the purchase of electric
facilities in the territory known as Lewis Lane Reorganization.
6g. Report of Administrative Actions and Proposals.
Reg.Mtg.
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Page 1
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396
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
PETITIONS & COMMUNICATIONS
Communication From Letha Actkinson Regarding
Hardship Appeal Of General Plan
Planning Director Harris stated that it is felt that this is no more a hardship
situation than the other projects which are also waiting and staff recommends
that this project site be considered in turn.
M/S: Riley/Feibusch to deny request of Letha Actkinson regarding hardship
appeal of General Plan.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
UNFINISHED BUSINESS
Matter Of Parkin~ Advisory Commission
Councilmember Feibusch requested that subject matter be held over for the
arrival of Clyde Oakes, Chairman of the Parking Advisory Commission.
Dial-A-Ride Proposed Consolidation
City Manager Payne reviewed for Council significant areas of concern as
contained in his memorandum of June 12, 1981. They were:
1) Dial-A-Ride employees;
2) Financial arrangements of transfer;
3) One time special appropriation from MCOG representing General Fund
shortfall;
4) City enter into a management agreement if the City continued to operate
Dial-A-Ride for each month the operation continues to be housed in City
facilities;
5) Timing of transfer. ~" ,
City Manager recommended that transfer of Dial-A-Ride system to MTA be effective
July 1, 1981 with a systems value established at $26,300; abolishment of
positions currently occupied by Dial-A-Ride employees; authorize staff to enter
into a management agreement with MTA for each month that City manages the
Dial-A-Ride system and request MTA to join with the City in requesting MCOG to
make a one time special appropriation to the City in the amount of $14,000.
M/S: Riley/Feibusch to approval staff recommendations Nos. 1-4 as contained in
City Manager's memorandum of June-12, 1981.
Councilmember Snyder requested that Recommendation Nos. 2 & 3 be amended to
show the effective date be July 1, 1981.
The maker and second agreed to amend the original motion, Recommendation Nos. 2
& 3, to show the effective date to be July 1, 1981.
Councilmember Snyder pointed out that no where in the recommendations in the
City Manager's memo are the employees mentioned.
The maker and the second amended the original motion to add Recommendation No. 5
to state: "The two 40 hour employees be transferred with their full salary and
benefits, or in lieu benefits, to Mendocino Transit Authority."
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
Reg. Mtg.
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Page 2
397
Discussion Of Recommendations Concernin~ Access Report
City Manager Payne stated that as the ACCESS report was received several months
ago by the Council, the Council at this time needs to take action on the primary
recommendation of the ACCESS report.
It was the consensus of Council to consider the recommendations individually.
Energy Commission
Councilmember Riley felt a commission can be extremely useful and was in favor
of creating an energy commission.
M/S: Feibusch/Snyder to approve staff recommendation No. 1 to not create an
energy commission.
Mayor Myers also felt that an energy commission should be created.
Tom MonPere, former member of ACCESS, spoke in favor of creation of an energy
commission.
Mark Cagle, former member of ACCESS, felt an energy commission would be of great
help to the Council and the Council would have total control over the
commission.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder
NOES: Riley, Myers ABSENT: None
Energy Planner
M/S: Snyder/Feibusch to approve staff recommendation No. 2 that a full time
Energy Planner is not necessary or justified at this time.
Councilmember Riley pointed out that the ACCESS report states an energy planner
wonld be cost effective by making it possible to reduce energy costs the City is
expending. She suggested that the energy planner be a contracted
position for six months on a trial basis.
Motion carried by the following roll call vo~e: AYES: Hickey, FeibuSch,
Snyder, Myers NOES: Riley ABSENT: None
Education
M/S: Riley/Myers to approve ACCESS report recommendation No. 3 regarding
educating Ukiah energy consumers.
Concern was expressed regarding who would conduct the workshops and it was
pointed out that the City uses a newsletter to get energy information to
consumers now.
The maker and the second amended the original motion to put a period after the
word "alleviate it" in ACCESS recommendation No. 3.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
Conservation Program
M/S: Snyder/Hickey to approve staff recommendation No. 4 stating that a
conservation program has been initiated through the NCPA Grant and the Energy
Auditor.
Councilmember Riley felt serious consideration should be given to the ACCESS
report recommendation regarding subject matter.
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Page 3
398
Steve Ba~mann, former member of ACCESS, felt the City has a responsibility to
its ratepayers and must bring back the money presently expended through PG&E and
felt conservation is the most viable resource there is.
Terry Fite, former member of ACCESS, felt that the City will have to justify any
future rate increases and the City must educate consumers in conservation
measures.
Mark Cagle, former member of ACCESS, stated ACCESS members surveyed Ukiah
citizens and they made it clear they want more information and wanted the
conservation program expanded.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Myers NOES: Riley ABSENT: None
Municipal Solar Utility
John Pateros, Energy Programs Director, North Coast Opportunities, Inc.,
presented to Council a concept for a municipal solar utility. He requested
sixty days to secure funding for the operation of a municipal solar utility work
to come back to Council with a presentation.
M/S: Riley/Feibusch that the City work with North Coast Opportunities, Inc. and
bring back to Council for approval a proposal for a municipal solar utility that
would be contracted to North Coast Opportunities, Inc.
Councilmember Snyder pointed out that there have been energy audits and people
generally are not following through. She referred to the Wagonseller block
grant as a typical project that points out that you can't make people realize
they have a need unless they feel they have a need.
Concern was ~xpressed that this proposal would only deal with the 800 households
that are all electric. It was felt they should be given priority.
Councilmember Hickey asked if NCO would bear the full cost of Operation? Mr.
Pateros stated that it would.
Motion carried by the following roll call vote: AYES: Feibusch, Riley, Myers
NOES: Hickey, Snyder ABSENT: None
City Model of Conservation.
M/S: Riley/Myers to approve ACCESS report recommendation No. 6 making the City
a model of conservation.
Councilmember Snyder requested that the motion be amended to state "The City
continue to" to the beginning of recommendation No. 6 and to add the second and
third sentences from staff recommendation No. 6.
The maker and the second amended the original motion to have ACCESS
recommendation No. 6 read "Continue to make the City a model of...", and to add
the second and third sentences from staff recommendation No. 6.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
Continue Pursuit of Energy Alternatives
M/S: Riley/Snyder to approve ACCESS report recommendation No. 7 to continue
present pursuit and involvement in electrical generation projects.
M/S: Feibusch/Hickey to amend the original motion to eliminate reference to
NCPA Geothermal Project.
Amendment to original motion failed by the following roll call vote: AYES:
Feibusch NOES: Hickey, Snyder, Riley, Myers ABSENT: None
Reg. Mt g.
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Page 4
399
Original motion carried by the following roll call vote: AYES: Hickey, Snyder,
Riley, Myers NOES: Feibusch ABSENT: None
Alternative Energy Planning
M/S: Riley/Feibusch to approve ACCESS report recommendation No. 8 to place an
increased emphasis on alternate energy planning.
M/S: Snyder/Hickey to amend original motion to place a period after "utilize"
in ACCESS report recommendation No. 8 and add staff recommendation No. 8~
Councilmember Riley was of the opinion that the ~hole statement from ACCESS
should be included.
Amendment to original motion carried by the following roll call vote: AYES:
Hickey, Feibusch, Snyder, Myers NOES: Riley ABSENT: None
Original motion carried by the following roll call vote: AYES: Hickey,
Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None
Update Energy Plan
M/S: Snyder/Hickey to approve staff recommendation No. 9 to update energy plan
periodically.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
M/S: Snyder/Hickey to direct staff to deliver a final report to California
Energy Commission with the recommendations made by Council.
Motion carried by the following roll call vote: AYES: Hickey, Feibushc,
Snyder, Riley, Myers NOES: None ABSENT: None
CITY MANAGER RECOMMENDATIONS
Establishment Of Capital Improvement Fund (~ivic Center)
City Manager Payne stated his recommendation is that Council establish a Civic
Center Fund and authorize transfer of the recommended amount in order to proceed
with the goal of providing an adequate Civic Center facility.
M/S: Snyder/Hickey to establish Civic Center Fund No. 150 and authorize
transfer of funds as recommended.
Councilmember Feibusch was of the opinion that downtown revitalization was more
important than a new civic center. If a fund is established, he would prefer
that it not be specifically earmarked for a new civic center development.
Councilmember Snyder stated that the City is in violation of safety codes and
the Council owes it to the employees to provide them with a safe place to work.
Motion carried by the following roll call vote: AYES: Hickey, Snyder, Riley,
Myers NOES: Feibusch ABSENT: None
RECESS: 5:30 P.M.
RECONVENED: 6:30 P.M.
PUBLIC HEARING
Proposed Annual Budget For 1981-82 And Use Of
Revenue Sharing Funds
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Page 5
400
City Manager Payne pointed out that the 1981-82 fiscal budget does include
revenue sharing funds.
PUBLIC HEARING OPENED:
M/S: Riley/Hickey to continue public hearing on the annual budget and use of
revenue sharing funds to June 29, 1981 at 9 AM to 5 PM. Motion carried by
unanimous voice vote.
Prezone No. 81-85
Airport/South State Street Area
Planning Director Harris stated that Council shodld, in anticipation of
annexation of subject area, find the Negative Declaration adequate and complete
and adopt an ordinance prezoning the proposed annexation area.
PUBLIC HEARING OPENED: No one spoke in favor or against the proposed prezone.
M/S: Hickey/Riley to find the Negative Declaration adequate and complete.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
M/S: Riley/Snyder to introduce Ordinance No. 761 by title only. Unanimously
carried by voice vote.
M/S: Riley/Snyder to introduce 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
Resolution No. 81-80 For Application To LAFCO
For Airport/South State Annexation
City Manager Payne stated there are some significant policy actions contained
within this proposal and Council must address those.
Planning Director Harris stated c~rrently the subject area is entirely within
the Willow County Water District although the City does provide water to
approximately five parcels.in the northern portion of the area. The significant
question regarding subject matter is who will supply water if the area is
annexed. He reviewed for Council the alternatives available to them. Staff is
recommending that the area be annexed, detached from the Willow Water District
with an agreement with Willow for continued service until bonds are retired and
to pursue single valley wide water purveyor.
City Manager Payne stated the major policy decision to be made by Council is the
ability to allow the Willow Water District to continue to service
that area.
PUBLIC HEARING OPENED: No one spoke in favor or against subject matter.
PUBLIC HEARING CLOSED.
M/S: Snyder/Riley to approve Resolution No. 81-74 making application to the
Mendocino County Local Agency Formation Commission for the Airport- South State
Street Annexation.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
Revision To City Zoning Ordinance, Article 12a~
Condominimum Development
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6/17/81
Page 6
Planning Director Harris stated the proposal is an amendment that would allow
condominiums in respective zones in the same density that other developments are
allowed. The change is directed toward new or conversion to condominiums.
Concern was expressed that there might be, with passage of this amendment to the
zoning ordinance, a rapid conversion of apartment units to condominum units.
Planning Director Harris was of the opinion that with interest rates so high,
rapid conversion would not occur.
PUBLIC HEARING OPENED: Mayor Myers stated he would extend the public hearing
until after Item 7a, Second Reading, Ordinance No. 760, Regulation of Smoking,
was heard.
SPECIAL ORDER OF BUSINESS - 7:00 P.M.
Second Reading, Ordinance No. 760, Regulation Of Smoking
Mayor Myers stated the ordinance is now ready for adoption.
Joe Allen, Mendocino County District Attorney, asked for clarification as to the
District Attorney's office handling prosecution of violation of this ordinance.
He stated there is a standing arrangement of some years with the City whereby
the District Attorney's office is charged with criminal prosecution on behalf of
the City. If the District Attorney's office is not to handle prosecution, this
would be an exception and should be so stated within the ordinance.
City Attorney Orchard stated he was not aware of such a contract but did not
feel that this matter should be dealt with tonight.
Joe Allen stated that if the Council wishes the District Attorney's office to
enforce the ordinance, he would suggest that the matter be continued so a review
of caseload and costs can be discussed. He also stated he would instruct his
deputies not to show up on cases unless he had a contract to do so.
Linda Foster, E. Gobbi, felt the matter should be put before the public for
vote.
Richard Weiner, Ukiah, pointed out it was publicly stated in the Ukiah Daily
Journal that the smoking problem could not p~ssibly be solved but the'Ukiah
Daily Journal has now set aside a smoking room for its employees. He felt this
would not have happened if the Council were not on the verge of passage of this
ordinance.
Clyde Oakes, Gardens Avenue, did not see how Council could make a store manager
a policeman and did not want Council to put that burden on store owners.
Warren Liberty, Washoe Avenue, spoke against further legislation and felt people
should be able to make their own decisions.
Bill Vernon, Willits, stated he did not personally smoke but felt the ordinance
would be an encroachment on his liberty.
Councilmember Hickey stated he supports the deSire to clean up the air but did
not support the methodology and felt the solution remained in voluntary
cooperation. He felt the strongest weapon would be to withhold trade from
merchants who do not comply with no smoking.
M/S: Snyder/Riley to adopt Ordinance No. 760 by title only. Unanimously
carried by voice vote.
M/S: Snyder/Riley to adopt Ordinance No. 760 amending Division 5, Chapter 6 of
the Ukiah Municipal Code pertaining to the regulation of smoking.
M/S: Feibusch/Myers to amend the original motion to make the following changes:
Article 5, Section 4506 c is deleted.
Reg. Mtg.
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Page 7
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Article 5, Section 4506 d: The word "shall" deleted and "may" inserted.
Article 5, Section 4506 f: "c)" deleted and "and" inserted between "a)" and
"b)".
Councilmember Feibusch stated he did not want shopkeepers to be responsible for
enforcement of this ordinance.
In answer to a question regarding amending the ordinance at this point, City
Attorney Orchard stated the ordinance can be amended but it would have to be
carried over to the next City Council meeting for adoption. Councilmember
Snyder added that any ordinance can be amended at any future date if a portion
of the code is found to be unworkable.
A1 Bellam, Calvert Court, stated he disagreed with Councilmember Feibusch in
that he could not see telling someone they are in violation of an ordinance is
the same as enforcing the ordinance.
Dick Selzer, Oak Court Road, stated, although he is a nonsmoker, he did not feel
anyone should dictate to him whether he could or could not smoke in his office.
Melvin Dodson, Calpella, stated he would not be the City's enforcer.
City Attorney Orchard pointed out that Article 4, Section 4505B, second and
third sentences should also be deleted to conform with the deletion of Article
5, Section 4506c.
The maker and the second agreed to amend the amendment t? the original motion to
include deletion of Article 4, Section 4505B, second and third sentences.
Amendment to original motion failed by the following roll call vote: AYES:
Hickey, Feibusch NOES: Snyder, Riley, Myers ABSENT: None
Councilmember Riley stated in keeping a record of the telephone calls and
comments regarding the ordinance, she has found that people are 2 to 1 in favor
of the ordinance. She has also found that people who are against the ordinance
do not really understand what the ordinance is about. She felt the Council has
a duty to protect the health and safety of the citizens.
Councilmember Hickey agreed with Councilmember Riley regarding those in favor of
passage of the ordinance but felt as they constitute a majority already, they
didn't need the law.
Original motion failed by the following roll call vote: AYES: Snyder, Riley
NOES: Hickey, Feibusch, Myers ABSENT: None
RECESS: 8:00 P.M.
PUBLIC HEARING
Revision To City Zonin~ Ordinance, Article 12a
Condominium Development
Mayor Myers stated the Public Hearing is continued from earlier this evening.
Don Vander Mey and Dick Selzer spoke in favor of the ordinance.
Tim Morrison, Redwood Legal Assistance, spoke against the ordinance.
PUBLIC HEARING CLOSED.
M/S: Riley/Snyder to continued subject matter to July 1, 1981 Council meeting.
Councilmember Riley stated the issue of displacement is a big problem and she
felt this can be changed very simply by having the density call for new
construction only. She felt there must be someway to limit condominium
conversion.
Reg.Mtg.
6/17/81
Page 8
403
Councilmember Hickey felt very few apartment buildings could be economically
converted into condominium units as it would be too costly.
Discussion was had regarding a survey of housing stock. Councilmember Snyder
was of the opinion it was not necessary to survey the housing stock but felt
Council should differentiate between new construction and conversion by setting
guidelines. Councilmember Feibusch stated he would like to know how many
apartments qualify for conversion.
Planning Director Harris pointed out that on any new construction or conversion,
a use permit is required and he felt this could be a tool for control of
conversion. He also felt considerable staff time would be involved to inventory
each apartment complex.
Councilmember Riley suggested adding "to be constructed" to line 7 of the
ordinance after the word "condominium".
The maker and second of the motion withdrew their motion.
M/S: Riley/Snyder to amend Ordinance No. 761 at line 7 to read "condominium to
be constructed...:"
Planning Director Harris asked if an ordinance is silent on conversions, what
standards are used?
The maker and second amended their original motion to add the following
paragraph: "The density of condominium conversion shall be 6000 sq. ft. of site
area for each dwelling unit."
Motion carried by the following roll call vote: AYES: Feibusch, Snyder, Riley,
Myers NOES: Hickey ABSENT: None
Discussion was had regarding guidelines for condominium conversion, how many
apartments might be suitable for conversion, and the social criteria for
conversion.
It was the consensus of Council that copies of existing ordinance from other
cities be provided councilmembers, information provided regarding conversion
possibilities and Council is aware that subject matter must come befo're the
Planning Commission and Council at a future date for public hearing.
UNFINISHED BUSINESS
Matter Of Parking Advisory Commission
City Manager Payne reviewed for Council the alternatives available to Council
regarding subject matter and his recommendation that the Parking Commission be
given a new charge, i.e., to draft an overall recommendation on funding and
parking for consideration by Council for the City for the next five years and
following that the commission could be eliminated.
Councilmember Feibusch reviewed for Council the accomplishments of the Parking
Advisory Commission since its creation. He was in favor of continuing the
Commission with five members.
Clyde Oakes, Chairman, Parking Advisory Commission, was not in favor of the
Commission working on a five year plan as it would become out of date. He
pointed out that many small items are heard by the Commission and did not feel
the Council wanted to get involved in the time spent on these. He stated the
Commission has been very beneficial to the downtown area.
If the Commission is asked to prepare a five year plan, he would like a 7 member
commission.
M/S: Riley/Feibusch to approve Option No. 2, establish the commission at five
instead of seven members, as contained in the City Manager's memorandum of May
27, 1981.
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Page 9
404
Motion c~rried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: Snyder ABSENT: None
CITY Pt~NAGER RECOMMENDATIONS
Resolution No. 81-81 Regardin$ County
Health Services Fees (Inspection)
M/S: Riley/Snyder to approve Resolution No. 81-81 approving fees based on cost
of providing specific county health services but amending the fifth paragraph to
read: "NOW THEREFORE BE IT RESOLVED that the following service fees are hereby
adopted for payment to Mendocino County for inspections performed by the
Mendocino County Department of Public Health:".
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
Resolution No. 81-82 Authorizing Filing Of Land And
Water Conservation Act Grant-Ukiah High School
City Manager Payne asked that Council file an application for Land and Water
Conservation Act Funds for a bath house at the Ukiah High School.
The cost of the project is approximately $180,000; $90,000 will be provided by
the grant and the local matching funds will be provided by Ukiah Unified School
District's Development Fund.
Mayor Myers stated he is an employee of Ukiah Unified School District.
M/S: Riley/Feibusch to approve Resolution No. 81-82 approving the application
for Land and Water Conservation Funds, Ukiah High School Community Park Project.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
Authorize Staff To Negotiate With The National
Guard For Approximately Five Acres For Armory Site
City Manager Payne stated one of the goals of the Council is the establishment
of a National Guard Unit within the City. In order for a permanent armory to be
built in the City, it would be necessary to provide up to 5 acres of land for
that facility.
Councilmember Feibusch asked if the Guard had inspected the site? Director of
Public Works stated that they had. They felt, in the future, that another exit
to Norgard Lane would be desirable, wanted to be in an area close to a freeway
off ramp for mobility and have access to the airport runway. Director of Public
Works pointed out that any agreement is subject to FAA approval.
M/S: Snyder/Feibusch to authorize the City Manager to prepare for the Mayor's
or appropriate signature a grant deed transferring up to five acres of City
owned land at the Airport.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
NEW BUSINESS
League Of California Cities Bulletin, City And
County Officers (City Clerks & City Treasurers
Councilmember Snyder asked that City Council inform the Assembly Committee that
they are opposed to ACA 35 and wish that decisions regarding elected officers be
made at the local level.
M/S: Snyder/Riley to advise Assembly Committee on Local Government of Ukiah
City Council's opposition to ACA 35. Unanimously carried by voice vote.
Reg. Mtg.
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Page 10
405
First Reading~ Ordinance No. 762 Authorizing NCPA To Issue
Revenue Bonds Project No. 1 - Development Fund Bonds
City Manager Payne stated that this and the following agenda item will enable
NCPA to issue tax exempt bonds.
M/S: Hickey/Snyder to introduce Ordinance No. 762 by title only. Unanimously
carried by voice vote.
M/S: Hickey/Snyder to introduce Ordinance No.762 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
First Reading, Ordinance No. 763 Authorizing NCPA To Issue
Revenue Bonds (Shell East Block Project - Second Phase Bonds)
M/S: Hickey/Snyder to introduce Ordinance No. 763 by title only. Unanimously
carried by voice vote.
M/S: Hickey/Snyder to introduce Ordinance No. 763 authorizing the Northern
California Power Agency to issue revenue bonds (Shell East Block Project -
second phase bonds).
Motion carried by the following roll call vote: AYES: Hickey, Snyder, Riley,
Myers NOES: Feibusch ABSENT: None
Member Agreement (Second Phase) For Financing Of Planning
& Development Acitivities Of Shell East Block Geothermal Project
City Manager Payne stated the agreement has already been signed and this is to
provide for the funding of that agreement.
M/S: Snyder/Hickey to approve Member Agreement (Second Phase) for financing of
planning and development acitivites of the Shell East Block Geothermal Project.
Motion carried by the following roll call vg~e: AYES: Hickey, Snyde~, Riley,
Myers NOES: Feibusch ABSENT: None
Resolution No. 81-83 Appointing Representative And
Alternate To REMIF Board of Directors
M/S: Feibusch/Hickey to approve Resolution No. 81-83 appointing representative,
Ira Brannon, and alternate member, Roy Brosig, to the Redwood Empire Municipal
Insurance Fund.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
RECESS: 9:25 P.M.
NEW BUSINESS (Continued)
Policy Resolution No. 81-84 Regarding City Council
Procedure
M/S: Riley/Snyder to approve Policy Resolution No. 1 establishing the agenda
order for Council meetings in accordance with the requirements of Resolution No.
81-84.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
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4O6
M/S: Snyder/Hickey to approve Resolution No. 81-84 amending Resolution No.
76-45 entitled a resolution of the City Council of the City of Ukiah
establishing procedures for the conduct of City Council meetings.
Councilmember Feibusch stated he understood that an abstention counted as a yes
vote and asked if this amendment would change that? City Attorney Orchard
stated that it would not change that but the resolution would change, in the
matter of conflict of interest, the requirement that you leave your seat and the
room.
--
Councilmember Riley was of the opinion that if a councilmember did not leave the
room, his or her presence might effect the other.councilmembers present.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder
NOES: Riley, Myers ABSENT: None
UPDATE OF COMMISSION TERMS
It was pointed out that there are vacancies on the Airport and Parking Advisory
Commissions.
Discussion was had regarding the Parking Advisory Commission and the appointment
of Clyde Oakes for an indefinite period of time as set forth in the City
Manager's memo dated May 8, 1979.
M/S: Riley/Snyder that Clyde Oakes fill Dorothy Hansen's position on the
Parking Advisory Commission and that the Planning Commission appoint one of its
members to serve on the Parking Advisory Commission. Motion unanimously carried
by voice vote.
M/S: Snyder/Riley to reappoint Michael Kelley to the Planning Commission.
Motion unanimously carried by voice vote.
M/S: Riley/Hickey to reappoint Jo Ann Schneiter and Robert Cannon to the
Recreation Commission. Motion unanimously carried by voice vote.
M/S: Snyder/Hickey to reappoint Walter Ihl and Sandra Smitham to the Cultural
Arts Commission. Motion unanimously carried by voice vote.
M/S: Riley/Feibusch to reappoint Susan Husted to the Cultural Arts Commission.
Councilmember Snyder stated she did not include her in the previous motion due
to her absence from commission meetings.
Motion carried by a 3-2 (Snyder, Hickey)
Resolution No. 81-86 will confirm these above named appointments.
M/S: Snyder/Feibusch that City Attorney bring to Council any information
available regarding the Civil Service Board. Motion carried by unanimously
voice vote.
It was the consensus of the Council to present a Certificate of Appreciation to
Nelmes Smith for his service on the Parking Advisory Commission.
Resolution No. 81-85 Authorizing Mayor And Clerk To
Sign Applications For FERC License~ Hydro Power Sites
M/S: Feibusch/Riley to approve Resolution No. 81-85 authorizing Mayor to
execute and file preliminary applications with Federal Energy Regulatory
Commission.
City Manager Payne stated by Council's authorization, the City will be able to
file an application with FERC. He also stated that he had been informed that
the County will also file an application.
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407
Supervisor Hamburg stated that the County's decision on the matter was "a means
of getting a foot in the door."
John Pateros, NCO, stated he and Mark Cagle appeared before the Board of
Supervisors merely to inform the Board of possible hydro power sites in
Mendocino County. He felt the Board would file as a means to keep local control
of those sites.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Riley,
Myers NOES: None ABSENT: None ABSTAIN: Snyder
Discussion Of Matter Of Proposed CSUDA Reorganization
City Attorney Orchard, after review of the documents presented, stated that with
the change of name from CSUDA to CALSECDA this would broaden the base and
objectives of the solar program. He further stated that this is a matter of
policy for the Council to decide whether they wish to proceed with the
reorganized group.
City Manager Payne stated he could not recommend approval.
M/S: Snyder/Feibusch to thank Mr. Saitman, California Energy Commission, for
the invitation but decline participation.
Connie Smyser, Branscomb, urged Council to continue their participation in
CALSECDA. She further stated that CALSECDA is a means to share information and
expertise and is a basic liaison Ukiah has for CEC future funding.
Councilmember Riley felt Ukiah should pursue all alternatives in order to slow
the increase of energy costs and felt the City should stay with CALSECDA.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder
NOES: Riley, Myers ABSENT: None
Request From Downtown Merchants For Approval
Of School Street Improvements
Bruce Poma, Ukiah Downtown Merchants, asked that Council approve the concept as
presented for lighting fixtures and landscaping at street corners, i
M/S: Snyder/Feibusch to approve the concept of the proposal as presented by the
Merchants Association for lighting fixtures and landscaping at street corners
and the plan for construction to be worked out with staff.
Motion carried by unanimous voice vote.
NCPA Sercvice Schedule
PG&E-NCPA Interruptible Transmission Service Contract
City Manager Payne stated this agreement would allow the transmission of
Bonneville power.
M/S: Hickey/Riley to adopt NCPA Service Schedule, PG&E-NCPA Interruptible-
Transmission Service Contract.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
Amending Agreement To The Agreement For Sale Of Electric
Capacity And Energy By PG&E To City Of Ukiah
M/S: Hickey/Snyder to approve amending agreement to the agreement for sale of
electric capacity and energy by PG&E to City of Ukiah.
It was pointed out that this covers Bonneville power only.
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Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
CITY COUNCIL REPORTS
Committee Appointments
Mayor Myers made the following committee appointments:
Mendocino County Chamber of Commerce - Councilmember Hickey
Ukiah Players - Councilmember Riley
Ukiah Valley Sanitation District - Mayor Myers
Mayor Myers stated that no councilmember has indicated they would be willing to
serve on LAFCO.
Councilmember Riley protested the removal of Councilmember Feibusch from the
b-kiah Valley Sanitation District as her interpretation of the ordinance would
allow the Mayor to refuse to serve and questioned the timin9 of the remow
City Attorney Orchard stated that code requires that the mayor must serve on the
board but in the event the mayor refuses to act or is unable to act, then it
would be proper to appoint an alternate.
Councilmember Hickey stated, when he served as mayor, he appointed Councilmember
Feibusch to that Board and was not aware that the code specifies that the
presiding officer must be appointed.
Supervisor Hamburg asked if the mayor has the obligation to serve or does he
have the option to refuse to serve? City Attorney Orchard stated the mayor does
not have the option to not be the member because that is what the law states.
Mayor Myers stated all other committee appointments would continue.
CITY COUNCIL REPORTS
Councilmember Hickey stated that PG&E is filing for a $325 million dollar
increase for the month beginning August 1 through November 30 of this year.
He reported he was glad to see that the solid waste dump has no degradation of
surface water and they are doing a good job there.
He felt the City should consider going on record as opposed to Class K housing
within the sphere of the City's influence. It was the consensus of Council to
agendize this matter.
Councilmember Feibusch reported he attended the League of California Cities'
seminar on economic and downtown revitalization. He felt the following were the
most important issues to come from the seminar: 1) In order for the City to
survive economically, the City must become developers; 2) how to bring business
into the community; and 3) the need for an anchor in the downtown area.
He asked if Emmett Jones, City auditor, was under contract yet? City Manager
Payne reported that he was.
Councilmember Snyder asked if the school district has contracted with the
National Guard regarding Yokayo School? City Manager Payne reported he would
check into this.
She noted in the Building Department report of April, 1981, the drop in fees
collected. Planning Director stated he would find out the reason for the drop
in fees collected.
She asked that the Council support Senate Bill 909.
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M/S: Snyder/Riley to place discussion of Senate Bill 909 on agenda.
Unanimously carried.
M/S: Snyder/Riley to contact the members of this committee to let them know we
oppose off shore drilling and do support Senate Bill 909. Unanimously carried.
M/S: Snyder/Riley to place discussion of AB 2099 on the agenda for discussion.
Unanimously carried.
M/S: Snyder/Riley to oppose AB 2099.
Councilmember Snyder stated this bill would make a density bonus required.
Motion carried by a 4-1 (Myers) voice vote.
Councilmember Snyder asked when the commissioners' dinner and employees' picnic
would be held? City Clerk stated that the employees' picnic is in August or
September and the commissioners' dinner is later in the fall.
COMMENTS FROM AUDIENCE
Steve Parks stated he felt Councilmember Feibusch had done a fine job on the
Ukiah Valley Sanitation District Board.
CITY COUNCIL REPORTS
Councilmember Feibusch asked for clarification of drinking alcoholic beverages
in front of your home. City Manager Payne reported this matter is being
investigated.
Councilmember Riley reported that Cals Variety is being renovated.
Sh~ asked for clarification of whether the minutes should be only included with
the agenda packet or sent beforehand. It was the consensus of Council that the
minutes of the regular council meetings would be sent out when completed and
also included in the agenda packet. The minutes of adjourned meetings would be
included with the agenda packet only.
She reported that the presentation before the Board of Realtors by Ted Smith,
Division of Mines, on new mapping of the earth would be held at the Manor Inn on
July 17, 1981 at 8 a.m.
Mayor Myers asked that the microphone system be eXamined as he had been told
that it is difficult to hear in the back of the room.
ADJOURNMENT - to Executive Session - 11:05 P.M.
MARY MELVIN
Deputy City Clerk
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