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HomeMy WebLinkAboutmin 05-02-84479 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - MAY 2, 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: Feibusch, Hickey, Myers and Mayor Kelley. Absent: Dickens. Staff present: Payne, Rapport, Harris, Pedroncelli, Schlienger, Stamelos and McAfee. INVOCATION AND PLEDGE OF ALLEGIANCE Director of Public Works, Robert Pedroncelli gave the Invocation and Councilmember Myers led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Myers/Hickey to approve the minutes of the April 18, 1984, meeting as amended, carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: Dickens. RIGHT TO APPEAL DECISION Mayor Kelley read Section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. CONSENT CALENDAR Councilmember Hickey questioned Warrant #25594 regarding why the City had purchased tennis balls in the amount of $125.94. The City Manager explained the tennis balls were purchased for City sponsored tennis tournaments. M/S: Feibusch/Hickey to approve Consent Calendar items 6a, 6b, 6c, 6d and 6e as follows: 6a. Approved Payroll Warrants #2288 to #2432, $79,587.00 6b. Approved General Warrants #25571 to #25649, $185,285.95 6c. Denied Claim for Damages, John C. Flynn, and Referred to Insurance Carrier. 6d. Approved Sun House Restoration Project - Awarded Bid to Clark Construction, Calpella, CA in the amount of $21,440. 6e. Approved Report of Administrative Actions and Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: Dickens. PETITIONS AND COMMIINICATIONS 8a. Resignation of City Treasurer, Lyle Cash The City Manager reported the resignation of City Treasurer, Lyle Cash had been received. He explained the Treasurer was appointed by the Council to fill the unexpired, elected term of a previous treasurer. He stated he had discussed the question of the City Treasurer's position with the City Attorney and asked him to explain some of the options available to the Council. The City Attorney explained several options available to the Council for the process of filling the unexpired vacancy conditional to the outcome of the June election. He also reported that under the Government Code the Council must do something within thirty (30) days of the date that the vacancy occurs. The City Manager explained the position pays between $350 and $400 and is a part-time position. The Finance Director is doing some of the tasks at the present time. He expressed concern regarding the creation of conflicts as he does not feel it is appropriate to have one employee covering all ends of a financial transaction. Reg. Mtg. May 2, 1984 Page 1 480 M/S: Feibusch/Myers to Notice as in a Commission appointment listing the required qualifications and placed on the Agenda for the May 16, 1984 City Council meeting, carried by a unanimous voice vote. M/S: Hickey/Myers to have the Council send a letter of regret and condolences, and prepare a certificate of appreciation to Lyle Cash for his efforts as City Treasurer, carried by a unanimous voice vote. 8b. Request for 120-day Extension - Cable TV Franchise The City Manager reported Group W Cable had requested a 120-day extention on their franchise. He explained the City of Ukiah, Fort Bragg, Willits and the County of Mendocino are in negotiations to formulate a draft agreement with cablevision that would be submitted to the City Council and the other public agencies for a public hearing. He explained the 120-day request is reasonable and recommended Council approval. M/S: Feibusch/Hickey to approve the 120-day extention providing Group W Cable complies with all of the existing franchise terms, carried by a unanimous voice vote. UNFINISHED BUSINESS 9a. Appointment to Fill Unexpired Term (6/30/86) of Planning Commissioner, Guy Velardi This appointment is to fill the unexpired term of Guy Velardi. Councilmember Myers requested Council extend this matter to the May 16, 1984 meeting. He stated on such an important position it is important to have a full Council. M/S: Myers/Feibusch to extend the Planning Commissioner appointment to the May 16, 1984 meeting, carried by a unanimous voice vote. 9b. Report on T. K. Mining Use Permit/Parking The Planning Director reported at their April 18, 1984 meeting, the Council conducted a public hearing regarding the appeal of the Planning Cormmission's conditional approval of a Use Permit for T. K. Mining Company, and upheld the Commission's action. Several questions regarding available parking were posed and additional concerns expressed since the meeting. He reviewed these issues in the following manner: Location of Spaces: The applicant's attorney has stated that Mr. George Enderby, owner of the vacant parcel immediately east of the House of Pizza and south of the Credit Bureau has given permission to utilize the area for the necessary parking. He also stated a letter would be sent to the City verifying the use of the property. When the Spaces Will Be Available: Immediately upon receipt of the property owner's letter. Condition of Parking Lot: The applicant's attorney has stated the area will be graded and graveled. The Planning Director reported this issue was not discussed before either the Planning Commission or the City Council; however, the extent of improvements to the parking area should be addressed. Signing of Parking Spaces: This issue has not been previously addressed but is appropriate to insure use of the new parking area. Notices should be posted on the new lot to identify it as available to T. K. Mining Company patrons. Distance of Parking Area to T. K. Mining Company: A distance stipulation does not appear to be necessary because of the proximity of the proposed parking. Reg. Mtg. May 2, 1984 Page 2 481 Staff recommends the Council determine appropriate body to consider these issues and set deadline for necessary information to be provided by applicant. RECESS: 6:55 p.m. RECONVENED: 7:05 p.m. The City Attorney stated the Council has approved the action taken by the Planning Commission that the Use Permit be approved subject to the condition the applicant obtain twenty (20) additional off street parking spaces. The Council has not taken any action to add or modify conditions that were imposed by the Planning Commission. The Council or the staff has the authority to interpret the intent of a condition in a Use Permit. He reviewed the City Code as it pertains to a parking space and paving, and explained the options available to the Council to help solve these issues. Attorney Burgess Williams, 201 N. State Street, Ukiah, CA representing Frank and Kathy Porzio, owners of property behind the First American Title Company stated representations were made in the application for the Use Permit that additional parking spaces numbers 1-12 behind First American Title Company would be available. The owners of the property have not given their consent for the use of the property for this additional parking for T. K. Mining Company patrons. M/S: Feibusch/with no second that subject to the submittal of plans of the Enderby lot, which should be developed with a gravel base and a dust coat, the Council restrict the parking for T. K. Mining Company to the Credit Bureau property, the Enderby property and the six on street sites, and uphold the Use Permit. Councilmember Hickey asked if the Council could put a time limit on the carrying out of the plans to be submitted. Councilmember Feibusch amended his motion to add a sixty (60) day time limit for the plans to grade and gravel the area to be completed. The City Attorney explained, as the applicant had not been notified, the Council does not have the legal authority, under the Code, to adopt new conditions for the Use Permit. If the Council wants to change or modify the conditions to the Use Permit he would advise the matter be sent back to the Planning Commission. The motion died for the lack of a second. M/S: Myers/Hickey that the matter be returned to the Planning Commission for review and public hearing as directed by the City Attorney. And in turn, review the location of the parking spaces, number of parking spaces, the signing of parking, physical conditions of parking and what is feasible as far as parking is concerned. Councilmember Feibusch stated he feels it should be up to the Council to give the Planning Commission direction as to what the Council invisions the parking facilities should be. An Amendment to the Motion: Councilmember Feibusch requested the Council's recommendation to the Planning Commission should be a stipulation that the area behind the Credit Bureau, which is paved, and the area belonging to George Enderby be graveled and dust coated. The maker of the motion and the second agreed to this as a friendly amendment. Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: Dickens. Reg. Mtg. May 2, 1984 Page 3 482 PUBLIC HEARING - 7:00 P.M. 7a. General Plan Amendment 1984-A 1) Resolution No. 84-57 and Negative Declaration for Land Use Changes 2) Resolution No. 84-58 and Negative Declaration Documentation of Changes The Director of Planning reported this is the second Public Hearing by the Council for General Plan Amendment 1984-A. He briefly reviewed the six items which are a part of the General Plan Amendment. i. General Document Review No new comments or modifications were indicated during the Council hearing of April 18, 1984. ii. Housing Element In response to Council's direction additional Public Hearings on the Housing Element have been set for both the Commission and the Council. The respective dates being May 9 and 23; and July 3 and 18, 1984. He reported staff has notified the appropriate housing authorities of the new schedule and requested their input. iii. Community Facilities, Recreation and Community Design Element No new comments or modifications were made at the Council hearing of April 18, 1984. iv. "Wabash South" Land Use Change This area is included in the land use change for change from "High Density Residential" to "Commercial" as recommended by the Planning Commission. v. "Open Space" Land Use Change Considerable discussion was held at the last meeting regarding development potential of the 80 acres and whether the General Plan designation should be changed. He reported there are many development problems with this hillside area, including environmentally adequate access, water supply for both domestic and firefighting use and sewerage. He stated the Open Space classification will identify it as it is now and clean up the statistics in the General Plan. vi. "Public" Land Use Changes No comments were made at the hearing regarding any of the publicly owned properties in this category except "Oak Street/Orr Creek". It should be noted that during the Planning Commission public hearing, two residents in the area spoke in favor of developing the property as a park, and an improved bicycle trail between Oak and Bush on this property has also been discussed. PUBLIC HEARING OPENED: 7:31 p.m. Attorney Myrna Oglesby, 390 W. Standley, Ukiah, CA requested, Council take minute order action indicating their intention to amend the zoning so that the City, versus the individual, initiates the zoning change and gives the required notices. PUBLIC HEARING CLOSED: 7:34 p.m. 1) Resolution No. 84-57 and Negative Declaration for Land Use Changes M/S: Hickey/Myers to find the Negative Declaration for Land Use Changes adequate and complete. Councilmember Feibusch expressed concern with the Open Space land use changes. He cited the statement in the Negative Declaration that a change of approximately 80 acres of City owned land in the steep western hills will designate the area as non-developable. Reg. Mtg. May 2, 1984 Page 4 483 Director of Planning responded by stating the Open Space designation does not allow development, and that was the intent. Councilmember Feibusch requested an amendment to the motion. Amendment to Motion: To amend the Negative Declaration and Resolution to eliminate the Open Space classification. With the approval of the maker and the second, the motion was amended to find the Negative Declaration for Land Use Changes adequate and complete as amended. Councilmember Feibusch expressed concern regarding the City as property owners. He feels property should be developed by private enterprise. He stated he wants to be on record as not being in favor of having the taxpayers paying for another park in the Oak Street/Orr Creek area. Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: Dickens. M/S: Myers/Feibusch to approve Resolution No. 84-57 for Land Use Changes as amended, carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: Dickens. 2) Resolution No. 84-58 and Negative Declaration for Documentation of Changes M/S: Hickey/Myers to find the Negative Declaration for Documentation of Changes adequate and complete. Director of Planning reported exhibits (page 2, line 16, number 10 relates to Exhibit E; page 3, line 2 & 15, relates to Exhibit G; page 3, line 16, relates to Exhibit H) and numerical calculations on pages 8, 17 and 18 need to be modified to reflect no change to Open Space. Mayor Kelley stated the Resolution shall be amended to reflect the changes to the above exhibits relative to Open Space. Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: Dickens. M/S: Myers/Hickey to adopt Resolution No. 84-58 for Documentation of Changes as amended relative to Open Space, carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: Dickens. 7b. Appeal of Planning Commission Action - Use Permit No. 83-91, Ukiah Solid Waste The Planning Director reported at their March 28, 1984 meeting, the Planning Commission held a revocation public hearing for Use Permit No. 83-91 which had been granted in July 1983 for Ukiah Solid Wastes. He explained the Use Permit had been granted for truck repair and storage at I44 Cherry Street. Three conditions were applied to the permit, one requiring a "report presented to the Planning Commission in six months". The intent of the report was to determine compatibility of the use with adjacent properties and compliance with the other conditions. Prior to the report being presented to the Commission on January 25, 1984 staff had received telephone complaints regarding early morning noise in the area and questioned whether dispatching of vehicles was allowed. A public hearing was held on March 14, 1984 at which time many residents in the neighborhood expressed their concerns of noise, flies and drainage from the subject property. The Commission believed that the operating times stated during the original permit hearing were not being adhered to and questioned Reg. Mtg. May 2, 1984 Page 5 484 whether the structural requirements of the Building Department and the Fire Department had been complied with. A revocation public hearing was held on March 28, 1984. After considerable discussion and testimony the Commission determined that some of the complaints of adjacent residents did constitute legitimate concerns which must be corrected. The applicant, Mr. Jerry Ward, recognizing the problems, offered a compromise which the Commission accepted. Mr. Ward stated that the overnight storage of vehicles and dispatching of trucks would be removed from the site within 30 days and the only portion of the business to remain would be truck repair during normal working hours. The Commission amended the original permit specifying the proposed changes in operation and did not proceed to revoke. In response to comments from the property owner's attorney, the subject condition stipulated that review would be in the context of a public hearing to determine whether the use permit would continue. Staff believes the action of the Planning Commission was appropriate and recommends Council uphold the Planning Commission's action and deny the appeal as requested. PUBLIC HEARING OPENED: 7:57 p.m. Attorney Burgess Williams, 201 N. State Street, Ukiah, CA representing property owners of 144 Cherry Street, Mr. and Mrs. Savage, stated the classification of the property is commercial. The zoning for the area is C-I, light commercial. The reason the property owners elected to proceed to the City Council is an endeavor to protect the integrity of their commercial property and the marketability of it. He explained the property owner had made a $10,000 expenditure to the property in reliance upon the 18 month permit, and would like assurance of an 18 month permit. PUBLIC HEARING CLOSED: 8:02 p.m. Councilmember Feibusch requested clarification on the Use Permit as it pertains to truck repair, storage and recycling. The Director of Planning responded by explaining the public hearing notice stated to allow truck repair and storage at 144 Cherry Street. Storage was not defined. Storage of vehicles, as opposed to other material, was what staff was reviewing. The City Manager reported the action the Planning Commission took was consistent with what the operator of the facility indicated was an acceptable compromise to them. After lengthy discussion it was determined the intent of the Use Permit be 18 months, and the Use Permit could be revoked at any time if the original three conditions were not met. M/S: Feibusch/Myers to find in favor of the appellant. The City Attorney explained this is an appeal of the Planning Commission action and the choices open to the Council are: to uphold the action of the Planning Commission; to reverse the action that was taken; or to modify it. After further discussion the motion was withdrawn. M/F: Feibusch/Myers to modify the action of the Planning Commission that the Use Permit shall continue for 18 months from the date first issued, provided the applicant complies with all other conditions established in the Use Permit, carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: Dickens. Reg. Mtg. May 2, 1984 Page 6 485 Mayor Kelley requested the question by Attorney Oglesby pertaining to minute order action be added to the Agenda at this time. M/S: Myers/Hickey to add to the Agenda the request by Attorney Oglesby that Council initiate Zone Change by minute order action, carried by a unanimous voice vote. Minute Order Action M/S: Myers/Hickey for Council to initiate the Zone Change immediately south of Wabash Avenue by minute order action in place of waiving fees, carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: Dickens. 7c. Zoning Code Amendment, Sections 9097(f) and 9112(c) - Resident Managers/Security Personnel Housing in the C-2 and M Zones The Planning Director reported at the Planning Commission meeting of April 25, 1984 considered a proposed Zoning Code amendment to permit resident manager/security personnel housing, specifically mini storage development, in the C-2 and M zones with the securing of a Use Permit. Discussion concerned the use of mobile homes, campers or travel trailers. Permanent facilities rather than campers or trailers were favored, and a Use Permit would provide the mechanism to consider each application in detail and determine on an individual basis whether the proposal was appropriate. He stated staff recommends Council introduce Ordinance No. 858 permitting resident manager/security personnel housing in the C-2 and M zones with a Use Permit. PUBLIC HEARING OPENED: 8:16 p.m. Ernie Olson, owner of a mini storage, spoke in favor of the zone change and stated a trailer or mobile home on the property would help with security. Stan Winters, owner of Talmage Industrial Park, 850 Waugh Lane, Ukiah, CA stated it was in his behalf this action was initiated and he feels there is a basic need for this action not only for security for himself but for his tenants. PUBLIC HEARING CLOSED: 8:19 p.m. Councilmember Feibusch stated he likes the idea of flexibility and being able to evaluate on a case by case basis. M/S: Myers/Hickey to introduce Ordinance No. 858 by Title only, carried by a unanimous voice vote. M/S: Myers/Hickey to introduce Ordinance No. 858, carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: Dickens. NEW BUSINESS 10a. Award of Contract for Sun House Curator The City Manager reported the City went through a recruitment process and received applications from across the nation for the Sun House Curator position. Application screening was done and the top applicants were then interviewed by a citizens panel. The top applicants were interviewed by the City Council and Council allowed a contract to be offered and the contract has been executed for the new Sun House Curator. The City Council introduced Rosalie Prosser as the new Sun House Curator. Rosalie Prosser, Sacramento, CA stated she was pleased to be in Ukiah and thanked the Council for their considerations. Reg. Mtg. May 2, 1984 Page 7 486 M/S: Hickey/Feibusch to award the contract for Sun House Curator to Rosalie Prosser, carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: Dickens. 10b. Discussion of General Plan Hearing Dates Because of the absence of Councilmember Dickens this matter was carried over to the May 16, 1984 meeting. No action was taken. 10c. Award of Bid for Annual Financial Audit The City Manager reported on February 23, 1983 the City received a proposal from Davis Hammon and Company to perform the Financial Audit for the City of Ukiah for the year ending June 30, 1983, 84, and 85. He explained the Council subsequently contracted with the firm of Davis Hammon and Company to perform the Audit for the year ending June 30, 1983 with the stipulation that if the Audit was satisfactory the option for the second year would be exercised; therefore, fixing the price at that time as to what the cost to the City would be for fiscal year audits. He stated Davis Hammon and Company has done an excellent job for the City and recommends the Council accept their proposal to do the Audit for the year ending June 30, 1984. M/S: Hickey/Feibusch to award the contract for the annual Financial Audit for year ending June 30, 1984 to Davis Hammond and Company, carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: Dickens. COMMENTS FROM AUDIENCE No one in the audience wished to address the City Council at this time. CITY COUNCIL REPORTS Councilmember Feibusch Reported he has reviewed the memo from the Chief of Police to the City Manager regarding the Major Crimes Tasks Force and wondered if it is the intent of the City to get involved. The City Manager responded that the Police Department and others involved are prepared to make a presentation, and he has invited them to do so. He feels this is a budget commitment and should occur at budget time but is interested in their presentation. Councilmember Hickey Reported a meeting of the Fire District and the Council's Ad Hoc Committee was held, as the District's contract with the City is expiring. The committees are working to develop a new contract satisfactory to everyone. Councilmember Myers Reported he attended the NCPA meeting that was held in Ukiah and the attendance was above expectations. An update on the Shell Project #3 was given. He found the meeting to be interesting. Mayor Kelley Reported MCOG committees are meeting as it is budget time. He also reported he had received a letter from the Mayor of Fort Bragg, addressed to Senator Barry Keene, and stated the purpose of the letter is to address opposition to legislation proposed by the Mendocino County Board of Supervisors which would allow counties under 100,000 population to designate Board of Supervisors as the Transportation Planning Agency. He explained all cities will lose any input into any of the transportation and MCOG monies if this happens. He requested staff write a letter for his signature to Senator Barry Keene saying the City of Ukiah is opposed to the Board of Supervisors deciding what to do with the cities transportation funds. Reg. Mtg. May 2, 1984 Page 8 487 M/S: Hickey/Feibusch to have staff write a letter for the Mayor's signature to Senator Barry Keene regarding the City of Ukiah being opposed to the Board of Supervisors deciding what to do with the cities transportation funds, carried by a unanimous voice vote. CLOSED SESSION Adjourned into Closed Session at 8:32 p.m. to discuss pending litigation and employee/employer relations. Reconvened into Open Session at 9:25 p.m. at which time no action was taken. ADJOURNMENT There being no further business, the City Council adjourned at 9:26 p.m. Faye McAfee Recording Secretary Reg. Mtg. May 2, 1984 Page 9