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HomeMy WebLinkAboutmin 03-21-84455 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - MARCH 21, 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, Rapport, Harris, Pedroncelli, Roper 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: Feibusch/Myers to approve the minutes of the March 7, 1984, meeting as submitted, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Myers, and Mayor Kelley. NOES: None ABSTAIN: Hickey ABSENT: None RIGHT TO APPEAL DECISION Mayor Kelley reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. CONSENT CALENDAR M/S: Feibusch/Hickey to approve Consent Calendar items 6a, 6b, 6c, 6d, and 6e as follows: 6a. Approved Payroll Warrants #1854 to #1998, $78,603.08 6b. Approved General Warrants #25190 to #25330, $759,589.99 6c. Approved Notice of Completion of Contract for Construction of Concrete Improvements on School Street and Vicinity by RAO Construction Company, Inc. 6d. Approved Purchase of Fuel Storage and Dispensing Equipment in the amount of $32,890.74 from Shields, Harper and Company 6e. 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 ADDITIONS TO THE AGENDA Mayor Kelley added the following item to the agenda: 10e. Dial-A-Ride UNFINISHED BUSINESS 9a. Resolution Authorizing Amendment to NCPA Phase II Agreement for Additional Study - Combustion Turbine Director of Electric Utilities reported that as directed by Council at their meeting of March 7, 1984, the staff had provided additional information for the Council's consideration regarding the installation of combustion turbines. Through the use of visual aids, he explained the cost of the project as it pertains to the City of Ukiah. He clarified the charts showing the difference between the purchase of power and reserves from NCPA's proposed combustion turbines versus purchasing those same services from PGandE. He explained the total annual debt service for the 68 megawatt combustion turbine proposal is $4.822 million per year and that Ukiah's percentage share of that would be 9.09% or $438,000 annually. He explained the City has the option of purchasing these services from PGandE or the NCPA Combustion Turbine Project which will reduce costs to the City of Ukiah by approximately $3 million over the next ten years with additional savings accruing for the life of the project. Reg. Mtg. March 21, 1984 Page 1 456 M/S: Hickey/Myers to adopt the Resolution authorizing the City Manager to execute Amendment No. One to the Agreement. After lengthy discussion concern was expressed by Councilmembers about the environmental impact, control of pollutants, the City over-extending itself with electrical projects, percentage of breakdowns by nuclear turbines, the four percent contingency for NCPA budget, deadlines, and getting away from responsibilities to the public. Councilmember Hickey reported NCPA is concerned about this issue and one of the items on the Agenda for the March 22, 1984 NCPA meeting, is to address the possible problem of pollution and responsibilities to the public. The City Manager explained that part of the commitment for Phase II will be spent on environmental aspects. He also explained that he supports the project based on the information available from experts that the City through NCPA has hired. He went on to cite several projects that NCPA has proposed that the City of Ukiah has not endorsed. He explained that the annual savings to the City of Ukiah from the combustion turbine project would be over $200,000 and this would go a long way toward supporting the Lake Mendocino Project. He reported that the two year period mentioned in the Ebasco study is the two years to get the project under way. He explained it will be on line in two years. He also explained the project is not a two year project but a twenty year project. He reported the savings will be from the reserve turbines, even if they are never run, and the turbine costs for reserves are a lot less expensive then PGandE's costs. Mayor Kelley expressed concern about endorsing the project at this time and the matter was continued to the next regular meeting when further information will be available from the NCPA meeting. The maker of the motion, with the approval of the second, withdrew the motion. PUBLIC HEARING - 7:00 P.M. 7a. T. K. Mining Company - Appeal of Appeals Board Decision (Continued From March 7, 1984 Meeting) The City Manager reported the City Finance Department had refused to issue a Business License to T. K. Mining Company and T. K. Mining Company, pursuant to the Municipal Code, filed an Appeal. He explained that Appeal was heard by the Ukiah Appeals Board which was established by the Ukiah Municipal Code and consisted of the City Attorney and the City Manager. He reported the decision rendered by that Board was that T. K. Mining Company had to have a Use Permit because of the dollar expenditures made on the business and subsequent to that the T. K Mining Company has appealed that decision and that appeal is the matter before the Council at this time. The City Attorney clarified the matter by explaining there is a specific City Code section that regulates the appeal. He explained that only a party to the proceedings before the Appeals Board is entitled to participate as an interested party in this appeal before the City Council. PUBLIC HEARING OPENED: 7:12 P.M. Attorney Duncan James, 445 N. State Street, Ukiah, CA 95482 explained that a copy of the transcript of the testimony from the Appeals Board Hearing had been submitted to the City Council for review. He contended his client fell within the pre-existing, non-conforming use. He submitted five items as evidence to this claim: (1) itemized list of T. K. Mining Company's remodeling cost; (2) photographs before, after and during remodeling; (3) photographs inside and outside of T. K. Mining Company; (4) partial floor, plumbing and electrical plans; and (5) a memorandum dated September 20, 1983, to the Director of Finance from the Director of Planning regarding Zoning Code compliance for T. K. Mining Company. Reg. Mtg. March 21, 1984 Page 2 457 Attorney James called three witnesses: 1). Kathryn Yount, 5420 Monticeto, Santa Rosa, CA under questioning from Attorney James explained that she had prepared the itemized list of remodeling cost for T. K. Mining Company and went on to state the $52,472 cost was incurred in 1982 and the kitchen remodeling took place in 1983. 2). L. A. Romelli, 5420 Monticeto, Santa Rosa, CA stated he is part owner of T. K. Mining Company and that the structure is leased from the Forty Niner Investment Corporation. He explained the structural changes made for T. K. Mining Company. 3). Nick Lackey, 31701 Middle Ridge Road, Albion, CA under questioning from Attorney James stated he had made the structural changes on the building where T. K. Mining Company is housed. He also stated that he had drawn the plans that had been submitted to the Building Inspector and a building permit had been issued. He clarified the design changes by outlining them on a blackboard. The City Council called no witnesses. Attorney James submitted closing arguments by stating that the issue is whether or not the Director of Finance would issue T. K. Mining Company a business license and contended that T. K. Mining Company constitutes a pre-existing non-conforming use. He read segments of the transcript from the Appeals Board Hearing, and he also read the memorandum dated September 20, 1984, from the Director of Planning. PUBLIC HEARING CLOSED: 8:10 P.M. The City Attorney read the Municipal Code section 9209f, explaining that ordinary maintenance and repairs to a non-conforming building may be made, and it can continue to be a non-conforming use provided that two thing do not occur. (1) That no structural alterations are made, and (2) that such work not exceed 15% of the appraised value of the building in one year. Councilmember Feibusch commented that this is a most difficult decision to make. However, he agrees the structural changes made were necessary maintenance and would have to find in favor of T. K. Mining Company. M/S: Hickey/Feibusch to find in favor of the appellant (T. K. Mining Company). Councilmember Myers stated that he can cite several memories of the building, but that he does not see how the Council can ignore the statements made by the City Attorney. Mayor Kelley concurred with Councilmember Myers. The motion was denied by the following roll call vote: AYES: Councilmembers Feibusch, Hickey. NOES: Councilmembers Dickens, Myers, and Mayor Kelley. ABSENT: None RECESS: 8:22 p.m. RECONVENED: 8:32 p.m. PETITIONS AND COMMUNICATIONS 8a. Community Development Commission Proposal to Submit Application for Community Development Block Grant Funds - Housing Rehabilitation The City Manager reported a letter had been received with the signature of Executive Director, Rebecca Jondahl of the Community Housing Authority regarding the possibility of the City or the Community Development Commission putting in an application for Community Development Block Grant funds. Roy Tindle, 610 Holdon Street, Ukiah, CA 95482 representing the Community Development Commission explained that due to illness Rebecca Jondahl could not Reg. Mtg. March 21, 1984 Page 3 458 be present. He reported the Community Development Block Grant Program is administered by the California Department of Housing and Community Development (HCD). He stated the purpose of the program is to benefit lower income persons through a wide variety of eligible housing, public facility and economic development activities. In addition, he stated the California State Legislature has set aside 51% of applied for funds for lower income persons and 30% of available funds for economic development activities. He reported that the Grant Ceiling is $600,000 for each eligible applicant (an eligible applicant being a City or County). He explained that the range of eligible activities would consist of housing rehabilitation in Empire Gardens and rehabilitation of a transitional living facility for Bonita House, a non-profit provider of transitional care for the chronically mentally ill. Mr. Tindle requested the Councils approval for a public hearing on the proposed application for Community Development Block Grant Funds. The City Manager explained the Wagonsellers subdivision has worked well and recommended the City continue to contract directly with the Community Development Commission regarding Block Grants. County Mental Health Director, Robert Egnew, 564 S. Dora, Ukiah, CA explained that his office had been working with CDC for the last year discussing their putting together this application for a facility to house transitional residents. He also explained the importance of this program and how a permanent housing facility is needed. Discussion was held by the Council concerning reaching the ceiling limit of $600,000 and depleting all of the City's resources. M/S: Hickey/Myers to hold a Public Hearing on April 4, 1984 to submit application for Community Development Block Grant Funds carried by a unanimous voice vote. NEW BUSINESS 10a. Additional Engineering Fees for SAI Engineers for 115 KV Substation Director of Electric Utilities reported that on September 7, 1983, the Council authorized $25,016 for construction support services for SAI Engineers for the City's 115 KV Substation. He also reported that the funding for SAI Engineers has expired and additional work has been required from SAI Engineers over that which was originally anticipated. He explained the remaining work will require assistance from the City's engineers for increased inspection activity and support for start-up of the station. He stated staff believes the request for additional funds are warranted and recommends the Council authorize the amount of $13,488 for SAI Engineers to continue to provide support services. It was asked by Council if this is SAI's final request for funds, at which time the Director of Electric Utilities responded that it is unless something unforeseen should happen. M/S: Feibusch/Dickens to authorize additional funds of $13,488 to SAI Engineers to provide support services carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Mayor Kelley. NOES: None ABSENT: None lOb. Report Regarding Planning Commission Discussion on Disco and Live Music Establishment Director of Planning reported that as directed by the Council the Planning Commission had considered the matter of ordinances regulating discos and live music establishments at their September 28, October 26, 1983, and January 11 and 25, and February 22, 1984 meetings. He also reported that draft ordinances were prepared and reviewed by both the Commission and the City Attorney addressing parking and noise. He explained the Planning Commission feels the existing regulations, ordinances and zoning code should provide adequate tools to deal with situations as necessary. He stated both staff and Reg. Mtg. March 21, 1984 Page 4 459 the Planning Commission recommend that no further consideration be given to specific controls on disco and live music establishments. The Council expressed concern about distance between establishments and adjacent residential areas, noise levels, and parking requirements. It was the consensus of the Council that these areas should have been addressed in more detail. Based on the Planning Commission's findings and possible additional information, no action was taken by the City Council. 10c. Tentative Subdivision Map 81-45 -- Las Casas Unit One Modification of Condition #5 - Adoption of Resolution The Planning Director reported in April of last year the Council approved the the tentative map 81-45 for Unit One of Las Casas subject to seven conditions. He explained that one of those conditions described the implementation method for a housing unit density bonus that was granted to that subdivision. He went on the explain the sale of the Las Casas property is presently being negotiated and the new buyer has questioned the feasibility of the condition. He reported the buyer, California Homes, is requesting a modification to the condition to maintain the income levels but eliminate the reference to unit cost. The buyer has also proposed an additional requirement of a two year deed restriction to minimize speculation. He stated the staff recommends the Council adopt the Resolution approving modification to Condition No. 5 of revised tentative subdivision map 81-45, Las Casas Unit One. M/S: Myers/Hickey to adopt the Resolution approving modification to Condition No. 5 of revised tentative subdivision map 81-45, Las Casas Unit One with the restriction deed included, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Mayor Kelley. NOES: None ABSENT: None 10d. Draft Agreement - Police Service The City Manager reported the City Manager of Willits, Mr. Swanson, contacted him informally to see if the City of Ukiah had a competent Police Administrator which the City of Ukiah might be willing to lend the City of Willits during the period of time when they do not have a permanent Police Chief. He explained that currently the City of Willits is using Lieutenant Jerry Whitten of the Woodland Police Department to provide this service. However, Lieutenant Whitten will be attending the FBI Academy and will not be available to continue in this capacity. He stated that he had indicated to Mr. Swanson that he had no objection to such an arrangement being made. He explained to Mr. Swanson that full approval would be required by the Ukiah Police Chief, Captain Maxson, and the City Council. He also explained in order to protect the City of Ukiah and to define the perimeters of the service, a contractual arrangement was suggested whereby the dollar costs to the City of Willits and the amount owed to the City of Ukiah would be clearly defined. He reported that staff feels this is a far superior method of cooperating with a sister city, by contract, rather than the informality that occurs in many agencies. He requested the Council review the Draft Agreement and establish any new perimeters they desire and determine if they wish to cooperate with Willits. Councilmember Feibusch expressed dissatisfaction with the timing of the Agreement as Captain Maxson has already been to Willits for orientation. He felt the Council should have been notified before the fact. Councilmember Hickey felt it only proper that Captain Maxson be sent to Willits for orientation prior to the signing of a contract so he can evaluate whether he is even interested in this offer. Councilmember Myers stated mutual aid is a positive thing and this is a great opportunity for Captain Maxson. He explained that his main concern is adequate police protection for the City of Ukiah. Reg. Mtg. March 21, 1984 Page 5 460 The Ukiah Police Chief, David Johnson, was in attendance and clarified serveral points of interest for the Council. M/S: Hickey/Myers to approve the draft Agreement carried by the following majority voice vote. IN FAVOR: Councilmembers Dickens, Hickey, Myers, and Mayor Kelley. OPPOSED: Feibusch 10e. Dial-A-Ride Bruce Richard, 978 Mendocino Drive, Ukiah, CA reported that MTA has expanded the hours of Ukiah Dial-A-Ride service to 7:00 a.m. to 10:00 p.m. on weekdays, 7:00 a.m. to 7:00 p.m. on Saturdays, and just recently 8:00 a.m. to 6:00 p.m. on Sundays. He reported the survey was completed and the interest among current riders is a slight preference for expanding Saturday evening service to 10:00 p.m. He explained the dispatching problems. He also explained the proposed extended Saturday service is under consideration in the upcoming budget. He suggested the City Council address this issue and make a formal request to the MTA Board for the proposed increase in Saturday service and address the 24 hour a day service that has been discussed. M/S: Dickens/Hickey to authorize the City Manager to make a formal request to the MTA Board for the proposed increase in Saturday service and research the possibility of City involvement in dispatching, carried by a unanimous voice vote. COMMENTS FROM AUDIENCE No one in the audience wished to address the City Council. CITY COUNCIL REPORTS Councilmember Feibusch Reported on a rumor that Raley's is establishing on Ford Road. He expressed concern that, again, the City is losing out to county development. Councilmember Dickens None Councilmember Hickey Reported he had heard the Raley's rumor and that it is not certain they will be located on Ford Road, as they are looking at another piece of property in the area that is also located in the county. Councilmember Myers None Mayor Kelley Reported he attended the Garden Club meeting and a gentlemen from Southern California, who was also in attendance, has offered to donate to the City of Ukiah 200 Lilac Bushes, at no charge. He explained the Lilac is the City of Ukiah's flower and he accepted for the City Council. CLOSED SESSION Adjourned into closed session at 10:28 p.m. Reason: Pending litigation. Reconvened into regular session at 10:40 p.m. at which time the following action was taken: M/S: Hickey/Dickens to instruct the Cities Attorney not to file a competing application regarding Warm Springs Dam, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Mayor Kelley. NOES: None ABSENT: None M/S: Hickey/Dickens to instruct the Cities Attorney to seek intervention in the FERC proceeding on the Sonoma County Water Agency application for a license to operate a Hydro Electric Project at Warm Springs Dam, carried by Reg. Mtg. March 21, 1984 Page 6 461 the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Mayor Kelley. NOES: None ABSENT: None ADJOURNMENT There being no further business, the City Council adjourned at 10:47 p.m. Faye McAfee Recording Secretary Reg. Mtg. March 21, 1984 Page 7