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HomeMy WebLinkAboutmin 04-18-84467 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - APRIL 18, 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, Dickens, Hickey, Myers and Mayor Kelley. Absent: None. Staff present: Payne, Acting City Attorney Marston, Harris, Pedroncelli, Frame, Stamelos and McAfee. INVOCATION AND PLEDGE OF ALLEGIANCE Director of Public Works, Robert Pedroncelli gave the Invocation and Councilmember Hickey led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Hickey/Feibusch to approve the minutes of the April 4, 1984, meeting as submitted, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None RIGHT TO APPEAL DECISION Mayor Kelley reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. CONSENT CALENDAR Councilmember Feibusch requested Item 6b be pulled and placed on the Agenda. Councilmember Dickens requested Item 6e be pulled and placed on the Agenda. M/S: Hickey/Feibusch to approve Consent Calendar items 6a, 6c, 6d and 6f as follows: 6a. Approved Payroll Warrants #2143 to #2287, $84,547.55 6c. Approved Bid 4/0 Aluminum 15 KV 220 Mil XLPE, Semi Conductor Poly 11 #14 Neutral Cable to Pirelli Cable Corporation for the total amount of $10,525.80 including sales tax. 6d. Approved Award of Bid - Disposal Site Tractor Repairs - to Tenco Tractor Company, Sacramento, CA in the total amount of $15,551.76 including sales tax. Also, authorized rental of a backup tractor in the approximate amount of $5,000. 6f. Approved Report of Administrative Actions and Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None PETITIONS AND COMMUNICATIONS 8a. Letter of Resignation - Planning Commissioner, Guy Velardi The City Council accepted the letter of resignation from Planning Commissioner, Guy Velardi. No further action was taken in this matter. NEW BUSINESS 9b. Resolution Accepting Flood Insurance Rate Map Revision - Orr Creek Director of Planning explained the proposed amendment to the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate maps that were prepared for the flood hazard study. He explained staff believes revisions are appropriate as new data is made available and thus recommends the Council adopt the Resolution accepting engineering study for application to FEMA of modification to the Flood Insurance Rate Map. Reg. Mtg. April 18, 1984 Page 1 468 M/S: Hickey/Myers to adopt the Resolution for application to FEMA for revision to the Flood Insurance Rate Map, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None 9c. Approval of Lease Agreement Between BMX Club of Ukiah and City of Ukiah for Bicycle Track and Acceptance of Negative Declaration The City Manager reported Dan Walsh and Richard Jones have approached City staff in order to lease property at the old sewer plant for the purpose of constructing a bicycle race track for youth. He explained races will be sponsored by the BMX Club. He reported the Lease Agreement has been reviewed and found to be satisfactory by City staff. He explained the Lease Agreement would cause the City to lease the land to the BMX Club for $1 (one-dollar) per year and all profits will go back into the track. He explained this would give the City and private industry an opportunity to work together. M/S: Hickey/Feibusch to approve the Lease Agreement. Councilmember Feibusch expressed concern about the track being used by motorized vehicles. The maker of the motion, with the approval of the second, withdrew the motion until the approval of the Negative Declaration. Director of Planning reported the Negative Declaration for the BMX project will not displace persons, interfere with wildlife breeding or feeding grounds, will not significantly increase air or water pollution and will not adversely affect the ground water table of the area. He explained it has been determined that the project will not have significant impact on the environment and recommends that prior to Council's approval of the lease Council find the Negative Declaration adequate and complete. M/S: Hickey/Feibusch to find the Negative Declaration to be sufficient carried by a unanimous voice vote. M/S: Hickey/Feibusch to approve the Lease Agreement carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None After brief discussion, with the approval of the maker and the second of the motion, it was determined an addition be added to the Lease Agreement that night time racing not be permitted. 9d. General Warrants Councilmember Feibusch expressed his dissatisfaction with the way the NCPA Power Bill is presented as he cannot understand it's complexity and asked the Council for a study session to review the billing system. He also commented on instances when certain items (shovels) had been purchased which he felt, cost wise, were inappropriate. The City Manager was asked to make inquiries concerning these purchases. M/S: Feibusch/Hickey to approve the General Warrants as submitted, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None PUBLIC HEARING - 7:00 P.M. 7a. Amendment to Zoning Code Section 9047(i) - Barber Shops and Beauty Shops in R-3 Zone Director of Planning reported the amendment would allow beauty and barber shops in the R-3 Zone, subject to securing a Use Permit. He stated staff recommends Council introduce the Ordinance permitting barber and beauty shops in the R-3 Zone with a Use Permit. Reg. Mtg. April 18, 1984 Page 2 469 After discussion it was determined in order to expedite the zoning change the second reading of the Ordinance will be at 6:30 p.m., April 25, 1984, at a special meeting to be held in the City Council Chambers. PUBLIC HEARING OPENED - 7:06 p.m. No one wished to speak to the Council concerning this matter. PUBLIC HEARING CLOSED - 7:07 p.m. M/S: Hickey/Feibusch to introduce the Ordinance by Title only carried by a unanimous voice vote. M/S: Hickey/Feibusch to introduce the Ordinance permitting barber and beauty shops in the R-3 zone with a Use Permit, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None 7b. Appeal of Planning Commission Application of Use Permit 84-52 - T.K. Mining Company Director of Planning reported property owners in the area of T. K. Mining Company have filed an appeal of the Use Permit granted to T. K. Mining Company by the Planning Commission. He explained the Planning Commission's conditioned approval of the Use Permit would require T. K. Mining Company to obtain 20 additional parking spaces on properties in the immediate vicinity. He stated that staff recommends the Council deny the appeal as requested and uphold the Planning Commission's conditioned approval of the Use Permit. PUBLIC HEARING OPENED 7:11 p.m. Charles Ruelle, 980 N. Oak, Ukiah, CA stated he feels the citizens still have the same problems. He asked who governs and enforces the Use Permit?; and, how does it help the neighbors? Hattie Tillotson, 451 Observatory, Ukiah, CA stated she owns the apartments located directly across the street from T. K. Mining Company. She explained the tenants of these apartments are moving due to lack of parking because T.K. Mining patrons are using their parking spaces. She requested the Use Permit be denied. PUBLIC HEARING CLOSED 7:16 p.m. Director of Planning responded to Mr. Ruelle's questions by clarifying who enforces the Use Permit and how an anonymous complaint would be handled. The City Manager explained a violation of the Use Permit would be a violation of the Zoning Ordinance. Attorney Henderson stated that in his opinion, since the whole matter was appealed to the Planning Commission, the Council can apply any conditions they wished to. He stated the Use Permit should not be granted due to adverse effects on the health and welfare of the people living in the surrounding area. The City Attorney clarified the matter by stating that no new information had been presented and the City Council can deny the Use Permit, uphold the Planning Commission decision, or modify the decision by the Planning Commission. Attorney Duncan James, 445 N. State Street, Ukiah, CA stated the issues should deal with the parking problems and nothing else. M/S: Hickey/Myers to uphold the decision of the Planning Commission. After lengthy discussion it was determined that no new evidence had been presented and the application for the Use Permit was in order. Reg. Mtg. April 18, 1984 Page 3 47O Motion carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers and Mayor Kelley. NOES: Feibusch ABSENT: None RECESS: 7:45 p.m. RECONVENED: 8:00 p.m. 7c. General Plan Amendment 1984-A Director of Planning reported this is the first of three Public Hearings to be held pertaining to the purposed General Plan Amendment for 1984. He explained that items i., ii. and iii. would deal with changes in documentation and items iv., v. and vi. would deal with purposed land use changes. He also explained this first Public Hearing is to be utilized to receive public testimony and identify any additional information that Council may require for environmental evaluation. PUBLIC HEARING OPENED: 8:05 p.m. i. General Revisions to Document Director of Planning reported the General Plan Amendment has been publicly noticed to include a general review of the entire document which means any item in the General Plan can be addressed. He reviewed a list of purposed changes recommended by the Planning Commission. ii. Housing Element Director of Planning reported staff proposed modifications to the Housing Element to comply with the new comments received from HCD. He reported staff believes that the modifications address the concerns and provide the data necessary to meet the guidelines. Tom Mason, representing the Redwood Legal Assistance Service, 421 N. Oak, Ukiah, CA expressed concerns that if the current Housing Element, as proposed by the Planning Commission, is reviewed and adopted by the City it will be rejected. He proposed comments be made at this meeting, but requested the Public Hearing on the Housing Element be continued for two weeks to allow written comments and an oral presentation by Redwood Legal Assistance Service. Sheryl Baker, Rural Community Housing Development Corporation, 401 Oak Park, Ukiah, CA also requested the Public Hearing be continued for two weeks. Steven Proctor, 3450 Black Bart Trail, Ukiah, CA responded to the Emergency Shelter and Housing portion of the Housing Element. He stated this part of the Housing Element needs to be strengthened and supported by the City. He requested the Public Hearing be continued for two weeks. iii. Community Facilities, Recreation and Community Design Element Director of Planning reported modifications are proposed to specify in more detail the standards for park and recreation development within the General Plan. iv. "Wabash South" Land Use Change Director of Planning reported the property owner of 1.37 acres immediately south of Wabash Avenue had requested, and both the Planning Commission and the staff recommends, a land use classification change from High Density Residential to Commercial. Attorney Myrna Oglesby, 390 W. Standley, Ukiah, CA requested Council consider waiving the $350 required fee for an individual to file for a General Plan Amendment and subsequent zone change. v. "Open Space" Land Use Changes Director of Planning reported the Golf Course West and Fish Hatchery are approximately 80 acres owned by the City, currently designated Hillside and Medium Low Density Residential are a purposed land use change to Open Space. Reg. Mtg. April 18, 1984 Page 4 471 vi. "Public" Land Use Changes Director of Planning reviewed thirteen properties owned by Federal, State, County or City governments that are currently designated Medium Low Density Residential, Office Commercial or Commercial. He explained the designation to Public would identify these areas as publicly owned properties. After lengthy discussion it was determined that staff should work with the people who spoke at the meeting concerning the Housing Element of the General Plan and make appropriate recommendations to present to Council at the next regular meeting. Also, Council directed staff to set dates for additional Public Hearings regarding the Housing Element. Councilmember Myers expressed that in his opinion there is two much governmental red tape in filing for a General Plan Amendment and subsequent zone change, and he feels the fees for the Wabash South land use change should be waived. M/S: Myers/Feibusch to refund the $350 paid and waive the fee for a zone change, carried by a unanimous voice vote. PUBLIC HEARING CLOSED: 9:01 p.m. No other action was taken and the matter was continued to the next regular meeting. 8b. Greater Ukiah Chamber of Commerce - Glenys Simmons President, Glenys Simmons, 541Baywood Court, Ukiah, CA gave a progress report of the Greater Ukiah Chamber of Commerce's activities for the year to date which included: The Chamber After Business Hours Mixer, which is held once a month at a local business, was held on Friday the 13th of April at Mary's restaurant; Ukiah Day at the Oakland A's Stadium, April 28, 1984; Home Town Festival, May 25-June 3, 1984 Theme, "Turn of the Century California; members of the Chamber went to the Sacramento Boat Show to hand out information pamphlets; Loggers Festival, March 15-16, 1985; Activities for July 4, 1984 celebration; Air Force Band Concert, July 21, 1984; Brochures; and the Clean-up Week. She also reported John Parducci had been honored as Outstanding Citizen of the Year by the Greater Ukiah Chamber of Commerce. RECESS: 9:10 p.m. RECONVENED: 9:23 p.m. 9a. Ukiah Solid Waste - Drop Box Collections The City Manager reported that the franchise hauler for the City, Solid Wastes Systems, Inc., is and has been making drop box collections within the corporate boundaries of the City of Ukiah without complying with two provisions of the City of Ukiah franchise. He explained the franchise with Solid Wastes Systems, Inc., allows the contractor to collect, transport, dispose of all refuse, garbage, and rubbish generated by all sources within the corporate City limits. One of the requirements for that right granted Solid Wastes Systems, Inc., is contained in Section 4 of the Franchise and states "the contractor agrees to pay the City as and for the rights granted hereunder an amount equal to 15% of the contractors annual gross revenue from contractors operation under this contract". In addition, Section 5 specifies that "the City retains the responsibility for all billing, both residential and commercial, and for that billing the City shall receive a fee of 3% of the amount billed". He reported that over a period of the last seven years Solid Wastes Systems, Inc., owes the City of Ukiah approximately $7,266.24 for drop box collections. Jerry Ward, 205 W. Gobbi, Ukiah, CA representing Solid Wastes Systems, Inc., stated his company is losing money and asked for the Council's understanding. Reg. Mtg. April 18, 1984 Page 5 472 He explained in 1977 his company had an oral agreement with Ex-City Manager, Jim Swayne to add drop boxes, with no franchise fee, and he was not trying to hide anything and will conform to provide service to the City. Mayor Kelley stated he had called Jim Swayne regarding the purposed oral agreement, but he was in a meeting. He requested the secretary to give Mr. Swayne a list of questions that could be answered yes or no. One of the question was, "had there been an oral agreement between Mr. Swayne and Solid Wastes Systems, Inc., for drop box collections?" Mr. Swaynes's secretary said his written reply was no. In further conversation with the secretary she made a comment to Mayor Kelley saying "what did you expect Mr. Swayne to say". Mayor Kelley stated he had interpreted this to mean there was an oral agreement for drop box collections between Mr. Swayne and Solid Wastes Systems, Inc., and Mr. Swayne was just trying to cover. After discussion it was determined that the 1981 agreement would supercede the 1977 oral agreement and that Solid Wastes Systems, Inc., owes the fees to the City of Ukiah. M/S: Dickens/Hickey to require 15% payment of revenues collected for drop box fees from January 1, 1981 to April 1, 1984 to be paid by Solid Wastes Systems, Inc., to the City of Ukiah, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers and Mayor Kelley. NOES: None ABSENT: None 9e. Resolution Declaring Weeds and Rubble on Private Property a Public Nuisance and Setting Date May 16, 1984 as Public Hearing Councilmember Dickens expressed concern regarding the City recovering the cost that is incurred by the City through the process of cutting the grass, removing weeds and picking up rubble from property when the property owners neglect to do so. After brief discussion Council requested staff to compile information pertaining to the cost for the abatement work to be performed. M/S: Hickey/Feibusch to adopt the Resolution declaring weeds, rubble, refuse, and dirt upon private property a public nuisance carried by a unanimous voice vote. COMMENTS FROM AUDIENCE Jim Mastin, 118 Calvert Court, Ukiah, CA read a prepared statement expressing his feelings regarding an annexation brochure being issued to the public prior to being received by the Planning Commission. He stated annexation will affect several hundred people and many acres of land and in order for the Planning Commission to make a decision of this magnitude they must be well informed. He also expressed his feelings concerning Councilmember Dickens insinuating the Planning Commission did not do their job. Councilmember Dickens publicly apologized to the Planning Commission and Jim Mastin for her comments regarding the Commission. Councilmember Dickens commended Personnel Officer, Janet Schlienger for a job well done in compiling the annexation brochure. ii. Housing Element (Continued) Mayor Kelley requested that the Housing Element portion of the General Plan Amendment-1984 be sent back to the Planning Commission for public input. After brief discussion it was determined to send the Housing Element portion of the General Plan Amendment-1984 back to the Planning Commission for public input and the agencies that spoke regarding the Housing Element can be notified of the Public Hearings. Reg. Mtg. April 18, 1984 Page 6 473 CITY COUNCIL REPORTS Councilmember Feibusch None Councilmember Dickens None Councilmember Hickey Reported there will be a NCPA Budget Hearing April 25-26, 1984, at the Manor Inn in Ukiah. CouncilmemberMyers Reported he cannot attend the League of California Cities meeting in Arcata, and asked if someone else was interested in attending. Mayor Kelley Reported Clark Goecker, League of California Cities will be in Ukiah, Friday, May 4, 1984. and any councilmember wishing to have lunch with him should let staff know. CLOSED SESSION ADJOURNED into Closed Session at 10:35 p.m. to discuss personnel matters. RECONVENED into Open Session at 10:50 p.m. at which time the following action was taken. M/S: Kelley/Dickens to terminate City Manager, Kent Payne's contract. Mayor Kelley stated Kent Payne doesn't have community support. City Attorney stated that he is not sure of Kent Payne's contract and felt that this motion should be withdrawn and restated. Mayor Kelley, with the consent of Councilmember Dickens, withdrew the motion. M/S: Kelley/Dickens that Kent Payne be given a notice in conformity with his contract. Councilmember Feibusch stated that the City Manager is bright, extremely bright, but he feels the downtown has received the short end of the stick from the City so his vote is aye. Councilmember Dickens stated the City Manager is a good, really good, administrator and is good at large projects and would be excellent in a large community, but feels he doesn't fit into Ukiah. Charlie Myers stated that when the City Manager was hired he was told to leave Public Relations to the City Council and he was to Administer the City. He also stated the Council is missing the positive advances the City has made. Then he asked Councilmember Feibusch if he did not remember that was the Councils instructions to the City Manager about Public Relations. The motion was carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens and Mayor Kelley. NOES: Hickey and Myers ABSENT: None ADJOURNMENT There being no further business, the City Council adjourned at 10:58 p.m. Faye McAfee Recording Secretary Reg. Mtg. April 18, 1984 Page 7 474 MINUTES CITY COUNCIL OF THE CITY OF UKIAH SPECIAL MEETING APRIL 25, 1984 The City Council convened in special session at 5:35 p.m. in the City Council Chambers to discuss Requirements of City Manager Termination. Roll was taken and the following Councilmembers were present: Feibusch, Dickens, Hickey, Myers and Mayor Kelley. Staff present: Payne, Rapport, Anderson, Brosig, Frame, Goforth, Harris, Inman, Mitchell, Onomiya, Pearson, Pedroncelli, Robinson, Roper, Schlienger, Yarbrough, Stamelos and McAfee. Mayor Kelley reported the City Attorney had advised Council to go into closed session for personnel attorney/client consultation prior to opening the meeting. The City Manager stated if the closed session was for discussion of his evaluation, he is requesting it be open to the public. Mayor Kelley said it is not to discuss ~the City Manager's evaluation. The City Attorney responded by stating it is to discuss the procedures the Council is to follow in this action and to answer any legal questions the Council may have pertaining to this matter. Councilmember Feibusch stated he would prefer to discuss the matter in an open meeting because the public is entitled to know what is going on. After discussion it was determined to be the will of the Council to continue the matter in open session. The City Attorney reported at the April 18, 1984, Council meeting the City Council voted to give the City Manager, D. Kent Payne notice of his termination as City Manager, in accordance with his contract. He explained under the Ukiah Municipal Code, section 128 the City Manager cannot be removed from office within a ninety day (90) period succeeding any general municipal election; thus, in the opinion of the City Attorney, the action taken at the meeting of April 18, 1984, was in excess of the Council's authority. He explained in order to complete the required procedures prior to the June 5, 1984, general municipal election and thus avoid the limitations of the Ukiah Municipal Code, section 128 the Council must take the following actions: At this April 25, 1984, Special Meeting pass a motion to: a. Indicating the Council's intent to remove the City Manager from office; be Setting an effective date for the removal sufficient to permit preparation and delivery of a written notice thirty (30) days prior to the effective removal date; Setting a date to hold a hearing, if requested, and/or to adopt a resolution removing the City Manager from office; d. Indicating the reasons for the removal; and e. Directing the appropriate City official to prepare and deliver to the City Manager a notice containing the required information. The City Attorney also reported that at the scheduled date in addition to adopting a resolution removing the City Manager, the Council should also authorize cash payment of the equivalent of three (3) month's salary to the City Manager. Special Meeting April 25, 1984 Page !