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HomeMy WebLinkAboutmin 10-03-84MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - October 3, 1984 The City Council convened in regular session at 6:30 p.m. in the City Council Chambers. Roll was taken and the following Councilmembers were present: Henderson, Kier, Hickey, Kelley and Mayor Myers. Absent: None. Staff present: Payne, Rapport, Frame, Harris, Pedroncelli, Stamelos and McAfee. INVOCATION AND PLEDGE OF ALLEGIANCE Gen Knudsen delivered the Invocation and Councilmember Kier led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Hickey/Kelley to approve the minutes of the September 19, 1984, regular meeting as submitted, carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: None. ABSTAIN: Councilmember Kier. ABSENT: None. PROCLAMATIONS Mayor Myers proclaimed the following: a) October 7-I3, 1984, as Disabled Artists Week b) October 14-20, 1984, as Traffic Safety Week c) The month of October 1984, as PTA Membership Month RIGHT TO APPEAL DECISION Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. CONSENT CALENDAR M/S: Kelley/Hickey to approve Consent Calendar items 7a, 7b, 7c, 7d, 7e, 7f, 7g, 7h and 7i as follows: 7a. Approved Payroll Warrants #3925 to #4066, $94,307.48 7b Approved General Warrants #26770 to 26872, $663,022.97 7c. Denied Claim for Damages, Theodore and Else Feibusch, and Referred to Insurance Carrier 7d. Denied Claim for Damages, David Strong, and Referred to Insurance Carrier 7e. Denied Claim for Damages, Yvette Arosteguy, and Referred to Insurance Carrier 7f. Denied Claim for Damages, The Mug Drive-In - Bruce Haserot, and Referred to Insurance Carrier 7g. Denied Claim for Damages, Underground Construction, and Referred to Insurance Carrier 7h. Approved Notice of Completion for Construction of Street Improvements on Main Street between Gobbi and Mill Streets; Contractor: Lee Howard Construction Company; Spec. No. 83-18; P.O. No. 17777. 7i. Approved Report of Administrative Actions and Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. PETITIONS AND COMMUNICATIONS 9a. Letter from Ed Titlow Regarding Refuse Fired Power Plant The City Manager reported the City has received a letter from Ukiah Energy, Inc., (UEI) requesting a letter of intent from the City of Ukiah to provide refuse from the Ukiah area to Mr. Titlow's proposed plant. Councilmember Henderson asked to be excused from the proceedings due to a possible conflict of interest. She left the Chamber at this time. Ed Titlow, President, Ukiah Energy, Inc., stated the proposed refuse-fired plant will be located on Hollow Tree Drive, three miles north of the City of Reg. Mtg. October 3, 1984 Page 1 Ukiah on industrially zoned property. He explained the potential investors have requested that he obtain a long-term agreement for refuse from the Ukiah area so as to insure that there is an adequate fuel source. He requested a letter of intent from the City of Ukiah stating that the City is willing to negotiate an agreement with UEI for the diversion of refuse from the City landfill to the proposed plant. Concern was expressed regarding the possibility of a letter of intent being interpreted as a binding agreement. The City Attorney stated anything that takes place prior to presenting a proposal to the legislative body would be preliminary and not binding. Discussion was had regarding possible gate fees, ash and ash disposal, the potential hazard of creating a chemical dump site and the environmental impact. Councilmember Kelley stated he had talked with the State Water Quality Control Board in Sacramento and they indicated to him any refuse plant that burns municipal garbage is automatically considered toxic waste and must go to a toxic dump site. Pam Tucker, 1201 Parducci Road, expressed concern regarding environmental pollution. Mark Gabrielli, representing Cresta Blanca Winery, 2399 N. State Street, opposed the construction of this plant because of its location near a food plant. He believes it will effect sanitation and also the esthetics of a winery. Mr. Titlow stated a lot of misinformation has been spread about refuse fired plants. He explained there are 87 plants now operating successfully in the United States. He stated the company is in the process of applying for a use permit and not prepared to do the Environmental Impact Report at this time. M/S: Hickey/Kier moved that staff be instructed to prepare a letter showing that it is the intent of the City to work with Mr. Titlow to determine if arrangements can be made to provide Ukiah Energy, Inc. with a source of fuel from the City of Ukiah garbage. Friendly Amendment With the approval of the maker of the motion, Councilmember Kier added to the motion that discussions are to continue provided the City Council is satisfied with the Environmental Impact Report. The motion carried by the following roll call vote: AYES: Councilmembers Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Councilmember Henderson. Councilmember Henderson returned to the Chamber at this time. PUBLIC HEARING - 7:00 P.M. 8a. Appeal of Planning Commission Denial, Variance - Front Setback 85-9 - Horst Selitseh The Director of Planning reported on September 12, 1984 the Planning Commission considered and denied a variance from the front setback requirements in the R-1 zone. The applicant's proposal was to place two carports on the front property line at 193 Wabash Avenue. The R-1 zoning district regulations stipulates a minimum of 20 feet for the front setback. The carports were proposed to be situated such that a single driveway in the center of the property would serve both entrances parallel to the street. The Planning Commission could determine no bases for findings to support a variance as the property is extra large and flat and no other similar variances have been approved in the neighborhood. Staff concurs with the Planning Commission's action and recommends that the appeal be denied. PUBLIC HEARING OPENED: 7:07 P.M. Mrs. Everett Evans, 196 Wabash Avenue stated she lives across the street from the subject parcel. She feels the proposal would ruin the looks and safety of the neighborhood. Reg. Mtg. October 3, 1984 Page 2 Mrs. Selitsch, wife of the applicant stated she would like to have more privacy. She requested Council approve the appeal. Marshall Winn, grandson of Mrs. Evans, 160 "D" Oak Manor Court spoke against the proposal. He expressed concern for his grandmothers well being due to actions Mr. Selitsch has taken. Mrs. Selitsch apologized to Mrs. Evans for her husbands actions. PUBLIC HEARING CLOSED: 7:15 P.M. The City Council was unable to determine findings to justify a variance. M/S: Hickey/Henderson to support the recommendation of the Planning Commission's denial of Variance No. 85-9 and deny the appeal, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. Mayor Myers reviewed the Right to Appeal Decision for Mrs. Selitsch by stating persons who are dissatisfied with a decision of the City Council may have the right to review of that decision by a court. The time within which the decision of the Council may be judicially challenged is 90 days. UNFINISHED BUSINESS 10a. Adoption of Ordinance No. 840 Pertaining to 90 Minute Parking M/S: Hickey/Henderson to adopt Ordinance No. 840 by Title only, carried by a unanimous voice vote. M/S: Hickey/Henderson to adopt Ordinance No. 840 of the City Council of the City of Ukiah adding Section 7162.5 (90 Minute Parking) to Division 8, Chapter 1, Article I1 of the City of Ukiah Municipal Code, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 10b. Appointment of Airport Commissioner The following nominations were made for the Airport Commission: Henderson/passed Kier/Herbert Morton Hickey/seconded Herbert Morton Kelley/passed Mayor Myers/Ed Karsh Herbert Morton's nomination to the Airport Commission to fill an unexpired term ending June 30, 1985, carried by the following roll call vote: AYES: Councilmembers Kier, Hickey and Kelley. NOES: Councilmembers Henderson and Mayor Myers. ABSENT: None. NEW BUSINESS Ila. Recommendation to Apply for Solar Heating Construction - Municipal Pool, I984 Park Bond Act The Director of Recreation and Parks reported during the last budget session the Council instructed staff to try and find grants for solar heating for the Municipal Pool as General Fund money was not available. The Park Bond Act of 1984 can help the City Council accomplish this goal. The deadline for submission of the application is November 5, 1984. Staff recommended Council approve the application to the California Park and Recreation Facilities Act of 1984 applying for funding to construct solar heating at the Municipal Pool. M/S: Kelley/Henderson to direct staff to submit an application to the California Park and Recreation Facilities Act of 1984 for $60,000 in funding to construct solar heating at the Municipal Pool, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. Reg. Mtg. October 3, 1984 Page 3 llb. Introduction of Ordinance No. 841, Elimination of In-Lieu Parking Fees The Director of Planning reported at their meetings of August 22 and September 12, 1984 the Planning Commission, in response to a City Council directive, reviewed the question of in-lieu fees in the Downtown Parking District. After discussion relative to disincentives to businesses in the downtown area, the effect that the ordinance had on providing off-street parking facilities and the overall need of parking in the downtown area, it was the consensus of the Commission that in-lieu parking fees were not appropriate. After review of the in-lieu fee requirements, particularly in light of the fact that no one has been required to pay these fees since the ordinance was adopted, Staff recommends the in-lieu parking fees be eliminated. M/S: Kelley/Hickey to introduce Ordinance No. 841 by Title only, carried by a unanimous voice vote. M/S: Kelley/Hickey to introduce Ordinance No. 841 of the City Council of the City of Ukiah amending Article 5, Chapter 3, Division 8 of the Ukiah Municipal Code to eliminate the In-lieu Parking Fee for Parking District No. 1, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. llc. Adoption of Resolution No. 85-29 Amending Tentative Subdivision Map - Marlene Street Condominiums The Director of Planning reported at their meeting of September 12, 1984 the Planning Commission considered and approved amendments to Use Permit No. 80-40 and the Tentative Subdivision Map for the Marlene Street condominiums. The amendments included replacement of the tennis court with open turf area and relocation of the swimming pool and open parking area. The applicant surveyed the prospective purchasers of the condominium units and the existing residents in the apartments and determined that tennis courts would not be used as much as lawn area. Also, in reviewing the original design, the location of the swimming pool was noted to be inconvenient for utilization by the occupants and might have proven to be a safety hazard. The Planning Commission felt the modifications were appropriate and approved the amendment to both the Use Permit and the Subdivision Map. Due to these improvements being included on the original Subdivision Map, Council action on the map must be taken. Staff recommended the amendment to the Tentative Subdivision Map be approved. M/S: Kelley/Hickey moved adoption of Resolution No. 85-29 amending Tentative Subdivision Map for Marlene Street Condominiums, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. lld. Lease Agreement - Bobby Kennedy, Parcel No. 170-220-06 The City Manager reported the vacant residential lot on the easterly side of North Bush Street just northerly of Empire Drive and owned by the City of Ukiah is currently utilized by Kennedy Homes for the storage of construction trailers. The City Attorney has prepared a Lease Agreement encompassing the terms and conditions for the use of the lot. The lease amount to be paid the City of Ukiah is $180 per month. M/S: Kelley/Kier to authorize the Mayor and City Clerk to execute the agreement for the North Bush Street parcel (AP #170-220-06) with the first payment due and payable on October 5, 1984, carried by the following roll call vote: AYES: Councilmember Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. lle. Proposal for Commuter Airport Operation - Agreement Lake Coastal Airlines The Director of Public Works reported at their regular meeting of September 11, 1984, the Airport Commission reviewed a proposal from Lake Coastal Airlines to include Ukiah as part of their proposed route for service between Ukiah, Lakeport, Clearlake and Sacramento and recommended approval of the Airport Permit. The Commission recommends a $1.00 landing fee and a six-month Reg. Mtg. October 3, 1984 Page 4 67 term on the Permit. Staff recommended adoption of the Resolution authorizing execution of the Airport Permit with the landing fee amended to $5.00 and the term of the Permit to one (1) year. Peter Firth, Director of Operations, Lake Coastal Airlines, 4773 Highland Springs Road, Lakeport, CA stated Lake Coastal Airlines is proposing to begin a commuter airline service from Ukiah to Sacramento Metropolitan Airport with stops in Lakeport and Clearlake. They are initially planning two round trips per day, three times a week on Mondays, Wednesdays and Fridays, and will fill in the remaining days as interest dictates. In addition, they plan to be transporting small packages. As his company is trying to keep costs to a minimum, he requested Council set the landing fees as low as possible. It was the consensus of the City Council that the intent of the City is to encourage new businesses in the area and assist them in every way possible. M/S: Hickey/Kelley to adopt Resolution No. 85-30 authorizing execution of the Airport Permit with a landing fee of $1.00 and the Permit to be for a period of six-months at which time the contract is to be renegotiated, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. llf. Water Service Agreement - Oswald The City Manager reported the proposed agreement between Margaret S. Oswald, Beatrice S. Oswald and the City of Ukiah sets forth terms and conditions for extending City water service to the Oswald property at 901 Talmage Road located outside the City Limits, including giving the City the option of annexation. The Agreement, in its present form, has been accepted and executed by the Oswalds. Staff recommended adoption of the Resolution approving the Oswald Water Service Agreement. M/S: Henderson/Kelley to adopt Resolution No. 85-31 approving the Oswald Water Service Agreement and authorizing the Mayor and City Clerk to execute the Agreement on behalf of the City, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. COMMENTS FROM AUDIENCE Jim McLaughlin, elected City Clerk of Belmont and Manager/Director of the California Association of Local Elected Officials stated the people of Ukiah have voted to retain the office of City Clerk as an elected office, and by doing so are stating they want less government by management and more government by the people. However, the salary for the City Clerk's position ($40 per month) is so low that no one ran for the office. He reviewed the duties of a City Clerk and requested the office of City Clerk be paid a reasonable salary and that the will of the people be honored by placing a measure on the ballot or calling for a special election for the people to elect a City Clerk. Nancy Verville, 932 Helen Avenue, an observer for the League of Women Voters of Ukiah inquired as to the procedure or possibility of a write-in candidate for City Clerk. The City Attorney responded that because the City Council elected under the Elections Code to appoint someone to fill that position, the opportunity for people to be nominated by write-in has been terminated. CITY COUNCIL REPORTS Councilmember Henderson Reported she attended a MTA meeting in Fort Bragg October 3, 1984. She requested the Council consider writing letters to the Commission, Senator and Assemblyman encouraging them to approve funds for the Russian River Expressway. She requested this be put on the agenda for the next Council meeting. Reg. Mtg. October 3, 1984 Page 5 Councilmember Kier Reported the League of California Cities Convention in Anaheim was informative. Councilmember Hickey Reported he will not be present at the October 17, 1984, City Council meeting. He also feels the League of California Cities Convention was informative. He announced that he has been elected Chairman of NCPA. Councilmember Kelley None Mayor Myers Expressed how proud and pleased he is to have a member of the Council as the Chairman of NCPA. He congratulated Councilmember Hickey on his appointment. Reported Barbara Eversole informed him that the National Labor Relations Board has stated that the Sun House Project does not fall under the Public Enterprise requirements. Announced there will be a meeting October 4, 1984, 4:00 p.m., at Great Western Savings regarding Proposition 36. He inquired of Councilmember Kier's intent to have the matter of the City accepting or rejecting the Ukiah Unified School District's offer to let the City use the Board Room at the Old Yokayo School Site put on the next agenda. Councilmember Kier stated he does not wish to have this matter put on the next agenda. The City Manager requested authorization to write the Ukiah Unified School District a letter expressing the City's appreciation for their offer. The City Council unanimously authorized the City Manager to write a letter of appreciation to the School District. He advised Staff that it is time to schedule the Annual Appreciation Dinner for the City of Ukiah Commission members. November 8, 1984 was selected as the date, with the time to be announced later. Mayor Myers accepted a letter of resignation from Faye McAfee, dated September 27, 1984, stating due to increasing family obligations she will not be able to accept the appointment of City Clerk. Mayor Myers requested the matter of City Clerk be placed on the October 17, 1984 agenda. The City Manager announced REMIF is putting on a RISK Management Seminar for Department Heads and key Staff members, October 26, 1984, 9 a.m. to 4 p.m., at the Lu-Ann Motel and extended an invitation to the City Council to attend. RECESS: 8:20 p.m. RECONVENED: 8:30 p.m. CLOSED SESSION Reconvened into Closed Session at 8:30 p.m., to discuss pending litigation and personnel. Reconvened into Open Session at 9:01 p.m., at which time the following statement was made. Councilmember Kelley indicated the City will receive an additional $73,403 from SB 325 funds. ADJOURNMENT There being no further business, the meeting was adjourned at 9:05 p.m. Faye McAfee Recording Secretary Reg. Mtg. October 3, 1984 Page 6