HomeMy WebLinkAboutmin 02-04-81CITY COUNCIL MINUTES
CITY COUNCIL CHAMBERS
UKIAH, CA.
111 W. Church
February 4, 1981
AGENDA
CALL TO ORDER
ACTION TAKEN
6:30 P.M. Mayor Hickey
presiding. Councilmembers
present: Riley, Feibusch,
Snyder, Myers, Hickey.
Staff present: Cash, Kruth,
Harris, Shepherd, Tillotson,
Melvin
INVOCATION
PLEDGE OF ALLEGIANCE
PROCLAMATION
Counci lmember' Snyder
Councilmember Riley
Mayor Hickey proclaimed the
week of February 8-14, 1981
as Vocational Education Week
in the City of Ukiah. Lee
Lowry, President of Mendocino
Community College, received
the proclamation.
Mayor Hickey proclaimed the
month of February 1981 as
Children's Dental Health
Month in Ukiah.
CONSENT CALENDAR
CONSENT CALENDAR
Councilmember Snyder requested that Item #6 be pulled;
Councilmember Myers requested that Item #3 be pulled;
Councilmember Feibusch requested that Item #5 be pulled; Mayor
Hickey requested that Item #2 be pulled.
M/S: Riley/Snyder to approve Items #1 and #4 on the Consent
Calendar as follows:
1) Payroll Warrants, #13034-13195, $104,703.00.
4) Approved Minutes of Special Meeting of January 26, 1981.
o
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
2) General Warrants Mayor Hickey referred to
Warrant No. 16516 to Creative
Workshop in the amount of $141.25 for golf club membership cards
and was of the opinion, as the golf club is a private member-
ship club, the City should'not be supplying membership cards.
Acting City Manager Cash stated this was for printing the cards
which act as a control for accoun-ting purposes.
M/S: Hickey/Feibusch to approve Warrants No. 16486-16616 in
the amount of $234,874.41.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
800
3) Minutes, Regular Meeting, M/S: Myers/Riley to approve
1/21/81 the minutes of the regular
meeting of January 21, 1981
as amended by Councilmember Myers and Riley.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Myers, Hickey NOES: None ABSENT: None ABSTAIN:
Snyder
5) Budget authorization to
provide funds for
purchase of McCutcheon
property (Airport Clear
Zone)
Councilmember Feibusch stated
it was his understanding that
the funds for the purchase of
the McCutcheon property would
come out of the FAA funds.
In his conversation with the
Finance Director, it was' pointed out that there are no FAA
funds available at this time. He suggested that money be
taken out of the FAA funds when they become available.
Director of Public Works Kruth stated it will be a couple of
months before the FAA funds are allocated and felt it was the
intent of Council that reimbursement be made when the funds
are received.
M/S: Feibusch/Myers to approve budget authorization to provide
funds to purchase McCutcheon property (Airport Clear Zone)
from Account No. 110 - Special General Fund to Account No.
320-7809-800 in the amount of $60,000.00.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
6) Resolution approving Councilmember Snyder requested
agreement for funding of that the words "monitor"
transit services and "monitoring" contained in
subject agreement be changed
to read "review" and "reviewing" where appropriate. She
further requested that the words, "within reason" be inserted
under No. 3, "Correcting Project Activities" second line,
following the word "anything."
M/S: Snyder/Myers to approve Resolution No. 81-50 approving
agreement for funding of transit services as amended.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
PUBLIC HEARING
PUBLIC HEARING
7) Application for taxi
permit filed by Wayne
Oliver Hall
Public Hearing opened:
Wayne Hall, applicant, stated
he would answer any questions
the Council may have.
Councilmember Riley asked, as discount coupons were mentioned
at the previous Council meeting, why this information did not
appear on applicant's application? Applicant stated they
were not printed at the time of application.
Councilmember Snyder asked how long applicant has been in
operation in the County? -Applicant stated since September,
1980.
Councilmember Myers asked if the taxi service would be subsidized?
Applicant stated it would not.
No one spoke against the application. Public Hearing closed.
It was the consensus of Council that, as there are two
applicatJ, ons for taxi permits, staff would prepare a report
on the two proposals from Warren Blodgett and Wayne Oliver Hall.
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M/S: Snyder/Riley that City Council delay any action on
either permit application until staff analysis of both
proposals has been prepared and subject matter be continued
to the Council meeting of February 18, 1981.
Motion carried by unanimous voice vote.
ADDITIONS TO AGENDA
ADDITIONS TO AGENDA
Councilmember Feibusch requested that consideration of
affnexation of Munson and Hastings subdivisions be added to
the agenda as Item No. 20 under City Council Reports.
M/S: Feibusch/Snyder to add Item No. 20, consideration of
Munson and Hastings subdivision annexation, to the agenda.
Motion carried by unanimous voice vote.
Acting City Manager Cash requested that the following be
added to the agenda:
19A - Direction from City Council regarding Sun House requests;
19B - Direction from City Council regarding use of City Chambers
for.church services
19C - Report to City Council on City receiving State
recreation grant;
19D - Presentation to City Council of SAI Engineering Report.
M/S: Snyder/Myers to add Items No. 19A, 19B, 19C and 19D
to the Agenda under City Manager Reports. Motion carried by
unanimous voice vote.
REPORTS FROM BOARDS, COMMITTEES,
COMMISSIONS
REPORTS FROM BOARDS, COMMITTEES,
COMMISSIONS
8} Proposed General Plan It was the consensus of
Amendment Council that a definite date
be set for a meeting with
Larry Mintier of State Office of Planning and Research and
that public hearings on subject matter be scheduled for
March 4 and March 18, 1981 at 6:30 P.M.. with City Council
meeting beginning at 5 P.M.
M/S: snyder/Myers to receive the Proposed General Plan
Amendment from the Planning Commission and adopt the tentative
dates set for public hearings on subject matter as submitted.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
WRITTEN COMMUNICATIONS
WRITTEN COMMUNICATIONS
9) Request from St. Mary's Mary Ellen Ranochak, 956
youth program to do service Fairway Avenue, stated
project to benefit community that St. Mary's youth group
would like to do a service
project that would benefit the community and asked for
suggestions from the Council.
Mayor Hickey expressed his appreciation to the group for its
willingness to serve the community and stated that Council
will come up with several possible projects which may be
considered by the group.
10) Request from U. S. Coast Jane Riser, 13161 Tomki
Guard Auxiliary for Road, Redwood Valley,
meeting place to conduct stated that the Coast Guard
free boating safety classes Auxiliary presents free
to public boating safety classes to
the public and there is
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802
presently a need in Ukiah for a place to hold the classes.
The request was for use of Fire Station No. 2 for said
classes. She stated that classes have been held in Ukiah
for the last five years, the classes are approximately
eight weeks and there is no charge.
M/S: Snyder/Riley to direct staff to allow the use of Fire
Station No. 2 for the Coast Guard Auxiliary free boating
safety classes to be arranged through the Acting City
Manager.
Motion carried by unanimous voice vote.
11) Request from Howard Bashford Howard H. Bashford, repre-
regarding Park West senting Park West
Condominium project Condominium Project requested
that subject matter be placed
on the agenda for Council to consider deleting the requirement
for acquisition of the "Crook" property and consideration
of extension of time for filing final map.
Jared Carter, Attorney, representing Park West Condominium
Project, requested Council to approve filing a final map
for subject development in the form of "Revised Tentative
Map" without a condition that a small portion of Crook
property be purchased by the developer and that the time
for filing the final map be extended four months. An
alternative request is that the approval of the revised
tentative map be considered the effective date of approval
giving developer one year from date of approval to file his
final map. Mr. Carter presented to City Council background
information as contained in hisi.letter to Councilr~of January
16, 1981. He further stated that Council's action was
illegal for three reasons: 1) the condition pertains to an
area off the site of the area being subdivided and is not
subject to local agency control;2) applicant has no legal
authority to require Mr. Crook to sell his property; and
3) recent court decision, E1 Patio v. Permanent Rent Control,
110 CalApp 3d 915, holds once a tentative map is approved,
no additional conditions can be imposed on that tentative
map even though applicant obtains an extension of time. He
further stated that in his research of the Map Act and the
Ukiah City Code, he found that the City has the legal
authority to further extend the time even though the City
Code provides for one year of validity. The Map Act provides
very clearly for up to an additional two years of extension
beyond the initial thirty months of validity and does
pre-empt the City Code.
City Attorney Orchard stated he is of the opinion, and stated
so at the time subject matter was previously heard, that a
condition would be illegal or invalid unless the parties
agreed to do so.
Councilmember Feibusch stated that applicant was before City
Council on January 7, 1981 on a revised tentative map and
not a request for extension of time and felt that unless
the Crook property was acquired, applicant doesn't have
access to subject proper~y. He felt that the developer,
as well as Mr. Crook, were being unreasonable in resolving
this matter.
There was a dispute regarding the location of the fence.
Councilmember Feibusch was of the opinion that the fence
extended into the area in question. However, other
councilmembers, as well as Attorney Carter, were of the
opinion the fence did not extend into the area.
Councilmember Snyder asked if the City could request the
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2/4/81
Page 4
developer to secure an a})}~raisal of the property in order
to resolve the l>rob](,m? Mayor llickey was of the opinion that
even though the }~roi,~]:ty is a}~l)raised, there would be
nothing binding on c,.i. thcr party.
Councilmember Myers stated that it has been clearly pointed out that once
a tentative map is approved, no amendments, deletions or additions can
be made. He also asked if an appraisal of the property had been made?
Mr. Carter stated no.
Councilmember Riley pointed out the City Code requires a 40' right of
way for streets.
Discussion was had relative to this being an official
request for extension of time. City Attorney Orchard felt
that it was a proper request.
Councilmember Feibusch stated he did not have a problem
with the extension of time but did not want the taxpayers
of the City of Ukiah to subsidize the development.
Councilmember Feibusch made a motion to grant the extension
of time requested with the condition that the parties try
to negotiate. Motion died for lack of a second.
M/S: Snyder/Hickey to extend the time for filing final
map four (4) months.
Motion failed by the following roll call vote: 'AYES: Snyder,
Hickey NOES: Riley, Feibusch, Myers ABSENT: None
RECESS: 8:55 P.M.
12) Letter from County Farm Mayor Hickey was of the
Bureau regarding resolution opinion that as there is a
for support for eradication spray ban in Mendocino
of the Mediterranean Fruit County and as the proposed
Fly in California resolution states that
Malathion will be used,
that further research by staff needed to be done before
Council could act.
Councilmember Snyder stated the resolution is asking for
support for the eradication and would not involve our County
and would not be recommending that Malathion be used and
suggested the paragraph relating to Malathion be deleted from
the proposed resolution.
M/S: Snyder/Riley to adopt Resolution No. 81-51 supporting
the eradication of the Mediterranean fruit fly in California
amended to delete the fifth paragraph entirely.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers NOES: Hickey ABSENT: None
13) Request from County Chamber Mayor Hickey appointed
of Commerce appointment of Councilmembers Snyder and
two members to Board Feibusch to serve on the
County Chamber of Commerce.
ORDINANCES & RESOLUTIONS
ORDINANCES & RESOLUTIONS
14) Adoption of Sign Ordinance
No. 756
unanimous voice vote.
M/S: Snyder/Riley to adopt
Ordinance No. 756 by title
only. Motion carried by
M/S: Snyder/Riley to adopt Ordinance No. 756 Revised Sign
Ordinance.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
15) Adoption of Abatement of
Dangerous Buildings
Ordinance No. 755
M/S: Snyder/Riley to adopt
Ordinance No. 755 by title
only. Motion carried by 4-].
(Feibusch) voice vote.
303
Reg. Mtg.
2/4/81
804
City Clerk read ordinance.
Councilmember Feibusch felt the ordinance unnecessary.
M/S: Snyder/Riley to adopt Ordinance No. 755.Abatement of
Dangerous Buildings.
Motion carried by the following roll call vote: AYES: Riley,
Snyder, Myers, Hickey NOES: Feibusch ABSENT: None
iS) Resolution designating 2 Acting City Manager Cash
hour parking zone in area stated that as a result of
of General Hospital requests from both citizens
and the Ukiah General
Hospital, the Traffic Engineering Committee is recommending
to Council that 2 hour parking restrictions on the west side
of Dora south of Observatory be placed.
M/S: Riley/Feibusch to approve Resolution No. 81-52
designating two hour parking zone in the area of Ukiah
General Hospital.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
CITY ATTORNEY REPORTS
CITY ATTORNEY REPORTS
17) Lease agreement with City Attorney Orchard
Ukiah Players Theatre and stated that in discussing
Ukiah Dance Center the lease with Director of
Public Works, it was noted
that no provision is made in the lease for lessee to build
curbs and gutters.
Councilmember Snyder was of the opinion that subject matter
should come before the Planning Commission first.
M/S: Feibusch/Hickey to adopt Resolution 81-53 approving
agreement for lease of land for Ukiah Players Theatre and
Ukiah Dance Center, Inc.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Myers, Hickey NOES: Snyder ABSENT: None
18) Agreement for operation of City Attorney Orchard stated
Sun House/Museum he had a request from Lila
Lee that the curator be
instructed to care for the cat and fish as part of her duties.
These animals have had a home at the Sun House for years.
Councilmember Snyder requested that the curator enforce and
· comply with the procedures and policies established and
adopted by the Council at its September 17, 1980 meeting.
Councilmember Riley questioned the phrase "subject to the
approval of the City Manager who shall have general
supervision of this contract." City Attorney Orchard stated
that the City Manager has general supervision of all contracts.
Reference was made to 2.c) on page 2 regarding application
for grants and it was suggested that the wording"for the
benefit of the Sun House" be added to the end of the sentence.
M/S: Snyder/Riley to approve Agreement For Operation Of
Sun House/Museum with the changes as noted.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
Reg. Mtg.
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Page 6
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CITY MANAGER REPORTS
CITY MANAGER REPORTS
19) 'Report on Ukiah Solid The 1978 and 1979 audit
Waste Audit and proposal prepared by Michael Celentano
had been forwarded to City
Council for its consideration. The proposal from Ukiah Solid
Waste was for a rate increase.
Acting City Manager Cash asked for clarifiCation of Note 5 -
Operating Lease Commitments in the audit report.
Michael Celentano, accountant, explained that during the
year, Ukiah Solid Waste leases garbage trucks and other
materials instead of purchasing them and that the leasing
companies used are not related to Ukiah Solid Waste. Note
5 states how much money they paid to these companies during
the calendar year.
Councilmember Feibusch referred to the audit including
the Willits and Ukiah operations and asked if, in the
future, the operations will be split so there will be an
independent audit for Ukiah? Mr. Celentano stated that is
the intent.
Councilmember Feibusch stated that since the 1980 statement
is not a part of this report, Council could not give a rate
adjustment at this time. However, it did seem reasonable
to him that Mr. Ward be given a one month moretorium on the
franchise fee.
Mayor Hickey felt that the franchise fee could be deferred
but not waived.
Mr. Ward stated that the 1980 audit should be ready by
March 15, 1981 but not later than April 1 and would be
submitted to Council.
M/S: Riley/Snyder to defer action regarding rate adjustment
until Mr. Ward provides Council with the 1980 audit and
to defer one month's payment of the franchise fee.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
CITY MANAGER REPORTS
19A) Request for direction
regarding Sun House
requests
CITY MANAGER REPORTS
Acting City Manager Cash
asked for direction from
Council on the Sun House
requests for 1)glass
covering on bookcase; 2) editing Helen McCowan's diary and
3) postcards of Grace Hudson paintings lithographed.
Barbara Eversole, Sun House Guild, stated that the request
is in accordance with Resolution No. 80-39 (Sun House
Guild agreement).
Mayor Hickey stated one of the reasons for requesting
permission, is the fact that articles would have to be
removed from the Sun House for reproduction purposes.
M/S: Riley/Feibusch to approve the request for covering
the bookcases, editing Helen McCowan's diary and that
postcards of Grace Hudson paintings be lithographed.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hidkey NOES: None ABSENT: None
Reg. Mtg.
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19B) Request for direction Acting City Manager Cash
regarding use of City stated that a request has been
Chambers for church received from Helen Sizemore
services for use of the City Council
Chambers for one Friday
night each month for Jewish services.
City Council discussed the fact that there is no established
policy for nongovernmental use of chambers, the possibility
of receiving further requests from other organizations if
C6uncil grants this request, problems with security and
poor arrangement of rest rooms.
M/S: Snyder/Myers to deny the request for use of the City
Council Chambers for church services.
Motion carried by the following roll call vote: AYES: Feibusch,
Snyder, Myers, Hickey NOES: Riley ABSENT: None
19C) Report on State recreation Acting City Manager Cash
grant stated that there is
available to Ukiah a State
grant under Proposition 1 for recreation programs. The
request by the Recreation Commission that the grant money be
used for a combination softball and soccer field at the Ranney
site was approved by the County Board of Supervisors. The
action by the Board of Supervisors authorizes the City of
Ukiah to apply directly to the State for the grant money.
Discussion was had regarding renegotiation of the agreement
with the Soft Ball League which had been previously approved
by City Council wherein the League was to provide certain
services for its completion.
M/S: Riley/Feibusch authorize staff to make application
for grant funds.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
CITY COUNCIL REPORTS
CITY COUNCIL REPORTS
20) Consideration of Councilmember Feibusch requested
annexation of Munson/ that staff be instructed to
Hastings subdivisions proceed on the Munson/Hastings
subdivision. Director of
Public Works Kruth stated that making application does not
require a public notice; that LAFCO has set a protest hearing
regarding the Industrial Park and the application would be
brought back for consideration.
It was the consensus of Council that staff proceed to make
application for annexation of Munson/Hastings subdivisions.
Councilmember Riley informed Council that she will be
attending League of California Cities' meeting; asked that
staff look into the GSA letter regarding bailout funds;
and requested that Council go into litigation session and
then reopen the meeting.
Councilmember Feibusch asked the Director of Public Works
for a status report on undergrounding of utilities on School
Street. Director of Public Works Kruth stated the entire
project concerning undergrounding would be brought before
the Council at the next meeting before going out to bid.
Councilmember Snyder reported on the joint City/County
C°mInittee meeting ~ith County purchasing agent. She reported
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Page 8
307
that the County purchasing agent has advised that the City
is not submitting purchase orders to the County. She
requested this be looked into. She asked if the Diephouse
letter had been answered? Mayor Hickey stated that the
City Clerk had answered the letter and requested the City
Clerk to further advise the Diephouses of the proper
procedure for reapplying.
Councilmember Myers requested a personnel Session.
Mayor Hickey reported that he participated in the Mardi Gras
in the "Dunk The Mayor" booth. Reported that the next meeting
of NCPA will be held in Ukiah on February 26 with a trip to
the Shell Project at the Geysers on February 25. He requested
Councilmembers to let City Clerk know if they planned to
attend the trip to the Geysers. He further reported that
NCPA has withdrawn its application on the Humboldt Bay
Project because Humboldt Bay did not in good faith request
bids.
COMMENTS FROM AUDIENCE
None
EXECUTIVE SESSION (PERSONNEL, LITIGATION)
The meeting was adjourned to personel and litigation session
at 11 P.M.
RECONVENED
Council reconvened in open session and took the following
action on Agenda Item No. 11, Park West Condominium Project.
M/S: Riley/Myers to reopen for consideration the motion
regarding extension of time for filing final map for
Park West Condominium Project. Unanimously carried by
voice vote.
M/S: Snyder/Hickey to extend the time for filing final map
for a period of four months. Unanimously carried by voice
vote.
ADJOURNMENT - 11:30 P.M.
MARY MELVIN
Deputy City Clerk
Reg. Mtg.
2/4/81
Page 9