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HomeMy WebLinkAboutmin 12-07-83424 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - DECEMBER 7, 1983 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 Kelley. Staff present: Payne, Rapport, Frame, Harris, Mitchell, Pedroncelli, Roper, and Pearson. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Kelley gave the Invocation and Councilmember Myers led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES City Manager Payne explained that the Minutes of the meeting of November 16, 1983 contain both Page 3, which reflects the Council's intent of the Motion and the vote to introduce, by title only, Ordinance No. 822, An Ordinance of the City Council of the City of Ukiah Repealing Existing Chapter 7 of Division 3 of the Ukiah City Code and Adopting New Chapter 7, Division 3 (Sign Regu- lations) 1983 and also to introduce said ordinance; and Page 3.1 which reflects the actual Motion and vote taken by the Council to introduce by title only, introduce, and adopt said ordinance. He stated the Council had the prerogative of approving which page they felt was appropriate. City Attorney Rapport stated it was his opinion that it is not legal for the City Council to both read and adopt said ordinance at the same meeting, therefore, the action taken by the Council to adopt said ordinance is void. M/S: Hickey/Feibusch to approve the Minutes of November 16, 1983 as submitted and approving Page 3.1 in accordance with the City Attorney's opinion. Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, and Hickey NOES: None ABSENT: None ABSTAIN: Councilmembers Myers and Kelley RIGHT TO APPEAL DECISION Mayor Kelley read Section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. CONSENT CALENDAR M/S: Hickey/Myers to approve Consent Calendar Items 6a - 6c as follows: 6a. Approved Payroll Warrants #16708 to #16848, $80,111.13 6b. Approved General Warrants #24304 to 24421, $612,840.05 6c. Approved Report of Administrative Actions & Proposals (R.A.A.P.) Councilmember Feibusch voted no on Item 3 on the R.A.A.P. sheet. Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Kelley. NOES: None ABSENT: None ADD%TIONS TO THE AGENDA City Manager Payne announced the following addition to the agenda: 10g. Ordinance Amending Bradley-Burns Sales Tax Ordinance PETITIONS AND COMMUNICATIONS 8a. Request for Subdivision Improvement Agreement Time Extension, Park West Condominium Project City Attorney Rapport stated that since the original Subdivision Agreement for Park West Condominiums was approved, an amendment has been made to the City Code which would now categorize this development as being in a "Hillside Zone"; Reg. Mtg. December 7, 1983 Page 1 425 therefore, it is the prerogative of the Council as to whether or not they wish the developer to comply with the new code. M/S: Hickey/Feibusch to take action on the originally issued permit. Motion carried by voice vote with Councilmember Dickens voting no. Planning Director Harris advised that the present Subdivision Improvement Agreement terminates December 31, 1983; the Planning Commission had granted a two-year extension of the Use Permit; it would be appropriate to approve the Agreement under the old zoning code; and reviewed the staff report in detail. Councilmember Dickens expressed concern regarding potential traffic problems, that interested parties were not notified that the Council will be considering the time extension at tonight's meeting, etc., and for lack of information, she will be voting no; but not to mean that she is against development. Planning Director Harris, as well as Mayor Kelley, responded to Councilmember Dickens concerns. Councilmember Feibusch commented that recently we have had nothing but publicly financed projects in the City, and now consideration should be given to the private sector. M/S: Hickey/Feibusch to Adopt the Addendum to the Agreement for Subdivision Improvements-Park West Condominiums which would extend said Agreement until December 31, 1985 carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Kelley NOES: None ABSENT: None UNFINISHED BUSINESS 9a. Continuation of Request from Mr. Bell Regarding Drainage Brian Bell, 930 Live Oak Street suggested as an alternative and since he owned a back hoe, that he would provide the back hoe if the City would provide approximately three to four man-hours of City staff time to repair the ditch. Other than this, he had no further information to provide. During discussion of this matter, Mr. Brian Bell stated he would like to withdraw this item from the agenda. PUBLIC HEARINGS 7a. Continuation of hearing for General Plan Amendment 1983-C Planning Director Harris explained the changes in said General Plan; advised what the Planning Commission had recommended; and suggested that the Council find the negative declaration adequate and complete and adopt the resolution. Councilmember Dickens expressed concern about the manner in which the docu- ments were worded, specifically, in regard to Marlene Street, and felt they should be rewritten for clarity. M/S: Dickens/Feibusch to refer the Resolution of the City Council of the City of Ukiah Adopting General Plan Amendment 1983-C and the Negative Declaration of Environmental Impact for General Plan Amendment 1983-C back to the City Manager to be rewritten for clarification, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, and Hickey NOES: None ABSTAIN: Councilmembers Myers and Kelley 7b. Appeal of Planning Commission Denial, Variance 84-37, C-P Realtors-Sign Code Councilmember Hickey disqualified himself due to a possible conflict of interest and left the meeting. Planning Director Harris explained that the Planning Commission granted a variance from the Sign Ordinance for a new sign which would overhang into the public right of way, but denied the request for a variance for roof height Reg. Mtg. December 7, 1983 Page 2 426 extension for said business located at 527 South State Street. This would be an opportune time, with the change in business name, to have the sign comply with the code. Neither staff nor the Planning Commission could determine a basis for the findings necessary to approve a variance for the roof height extension. PUBLIC HEARING OPENED - 7:26 p.m. Doug Pennington, 1481Fawnwood Drive, Ukiah, stated they are proposing to hang a temporary sign on the bracket that currently exists and will be taking the sign with them when they vacate the premises in approximately six months. PUBLIC HEARING CLOSED - 7:28 p.m. M/S: Myers/Kelley to approve the variance request; findings being that a sign presently exists at that location; the new sign would be less obtrusive than the existing one; there are mitigating circumstances whereby the sign would be eliminated within a year's time; and there is documented fact and public statement that the sign will not be in existence and will be in compliance with the sign code after said period of time. AYES: Councilmembers Myers and Kelley NOES: Councilmembers Feibusch and Dickens ABSENT: Councilmember Hickey Since, in essence, no action was taken due to a tie vote, it was decided to follow City Manager Payne's suggestion and postpone this matter until after the City Council acts on Agenda Item #9c, Adoption of Ordinance #822 - Revisions to the Sign Code; therefore, this item was moved to Item #10h of this meeting. Councilmember Hickey returned to his seat on the Council. PETITIONS AND COMMUNICATIONS 8b. Request to Present Progress Report of the Greater Ukiah Chamber of Commerce Gary Nix, 280 South Highland Avenue, Ukiah, updated the City Council on the Chamber of Commerce's activities for the period October 1983 through January 1, 1984, as well as currently working on the Hometown Festival preparations. He also reported the number of new businesses possibly locating in Ukiah; gave the membership report, and advised that visitor and walk-in Chamber traffic has increased. RECESS: 7:45 p.m. RECONVENED: 8:00 p.m. UNFINISHED BUSINESS 9b. Consideration of Revised Lease Between Men's Softball Association and City of Ukiah for a Softball/Soccer Complex Director of Parks and Recreation Frame explained the revised lease. He mentioned there is concern about the softball/soccer field as the deadline for submitting the drawings is approaching, and if the drawings are not completed in the near future, there is a possibility of losing the grant money. Todd Schapmire, 700 East Gobbi Street, President, Men's Softball Association, stated they received an engineer's estimate of $6,000 to $8,000 to prepare the working drawings for the complex. It would be extremely difficult for the Men's Softball Association to raise the money before the softball season begins, and he asked if they can use some of the grant money now for this purpose. John Turri, 230 Bourbon Lane, Chairman, Men's Softball Association, stated they are getting a $340,000 project done for $64,000, but need to acquire at least $5,000 now for the drawings. He asked to use said amount of money from the grant funds; asked about the possibility of City staff assistance to Reg. Mtg. December 7, 1983 Page 3 427 minimize the cost of the plans; and stated it is necessary to start working on the drawings as soon as possible in order to meet the deadline. Director of Parks and Recreation Frame explained that a maximum of $5,000 of the $55,000 grant money can be used for the drawings. The Men's Softball Association has some money available. They will use that money first and, subsequently, wish to use up to $5,000 of the $55,000 grant money to pay the remaining cost. M/S: Dickens/Hickey to support the lease and direct the City Manager to assure that the project will get underway. M/S: Feibusch/Hickey to amend the above motion to approve the revised lease presented to the City Council, and that the City Manager be authorized to draw up to $5,000 our of the $55,000 grant money, if necessary, to augment money needed to have the engineering drawings prepared, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Kelley NOES: None ABSENT: None 9c. Adoption of Ordinance No. 822 - Revisions to Sign Code M/S: Hickey/Feibusch to adopt Ordinance No. 822 - Revisions to Sign Code, carried by the following roll call vote: AYES: Councilmembers Feibusch and Hickey NOES: Councilmember Dickens ABSENT: None ABSTAIN: Councilmembers Myers and Kelley 9d. Matter of Calaveras Councilmember Feibusch referred to the information he sent to the Councilmembers which indicated there may be a surplus of electric power available from British Columbia and the Pacific Northwest. He expressed concern asking how viable is our involvement in the Calaveras project? Therefore, he asked the Council to consider withdrawing from the Calaveras project by selling the City's participating membership in the Calaveras project to other NCPA members. He felt Calaveras is not a viable project. Councilmember Hickey offered to ask NCPA, at their next meeting, if any effort has been made by them regarding the Canadian power, and if not, why? 9e. Appointment of Planning Commissioner This appointment is to fill the unexpired term of Don Vander Mey who recently resigned. Councilmember Feibusch nominated Dallas Carpenter; Councilmember Dickens nominated Cheryl Baker; and Councilmember Hickey nominated Larry Kier. Mr. Larry Kier was appointed Planning Commissioner by the following roll call vote: AYES: Councilmembers Feibusch, Hickey, Myers, and Kelley NOES: Councilmember Dickens ABSENT: None NEW BUSINESS 10a. Approval of License for Temporary Construction Site and Vehicular Access Roads, Lake Mendocino Hydro Project Director of Electric Utility Roper explained that this is for a temporary access permit which will allow the City access on certain roads and areas that will not be part of the permanent operating and maintenance lease. Corps of Engineers chose to use a license arrangement rather than an easement. M/S: Myers/Hickey to approve the license for temporary construction site and vehicular access roads, Lake Mendocino Hydro Project, carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, and Kelley NOES: Councilmember Feibusch ABSENT: None 10b. Matter of Proposed Industrial Development Authority Reg. Mtg. December 7, 1983 Page 4 CU( O0 4 428 City Manager Payne explained the Industrial Development Authority in detail, as well as outlining the advantages and disadvantages of same. He also explained the procedure of applying for same. He asked that the City Council declare there is a need for an Industrial Development Authority within the City of Ukiah to promote industrial development, and that they proceed with first reading of the Ordinance establishing such an Authority. M/S: Hickey/Feibusch to introduce the ordinance by title only carried by a unanimous voice vote. M/S: Hickey/Feibusch to introduce Ordinance No. 824 of the City of Ukiah Declaring a Need for an Industrial Development Authority and Declaring that Such Authority Shall Function, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Myers, and Kelley NOES: Councilmember Hickey ABSENT: None 10c. Matter of Gamewell Fire Alarm Box System Fire Chief Mitchell requested the City Council consider the removal of the Gamewell Fire Alarm System for the following reasons: It is a very rare occurrence that a fire is reported using said box system as telephones are now readily available; the system is old and in need of extensive and costly repairs; and the Insurance Rating Bureau discontinued the practice of giving credit for this type of system when rating a city's fire defenses. He suggested accomplishing same in three phases which would ultimately reduce the fire alarm boxes from 130 to approximately 20 and reduce the fire alarm circuits from five to one. The remaining fire alarm boxes will be located mainly in the downtown area where phones are not as readily available. In addition he also recommended that the boxes which are removed be sold at a public sale. M/S: Hickey/Feibusch to adopt the recommendation of the Fire Chief, carried unanimously by voice vote. 10d. Reintroduction of Resolution Amending Personnel Policies - Residency (Kelley) Mayor Kelley requested this matter be reagendaed as he originally misunder- stood the intent of the resolution. He stated he would like the resolution reconsidered for approval to allow the City Manager the option of granting time extensions in order to allow employees appropriate time to move; but he would also like to have a time limit for said extension. Discussion followed and City Manager Payne suggested to eliminate lines 11 through 15 and add "up to one year" on line 17 following "after extension of time," of the proposed resolution. M/S: Hickey/Feibusch to adopt the resolution as amended (excluding lines 11 through 15 and inserting "up to one year" on line 17 following the wording "after extension of time," carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Kelley NOES: None ABSENT: None 10e. Approval of Purchase of 2500 KVA Transformer for Lake Mendocino Pumping Director of Electric Utility Roper explained why the 2500 KVA transformer is needed. He advised the original intent was to lease a 2500 KVA transformer from PGandE for use during this portion of the Lake Mendocino Hydro Project, but at this time PGandE does not have a transformer to lease. After contact- ing numerous transformer suppliers, one was found at a reasonable price. After the job is completed, the transformer can be kept and used for future large size loads; it can be resold to the supplier, etc. He, therefore, recommended that the City Council authorize this purchase. M/S: Hickey/Myers to approve the purchase of a 2500 KVA transformer, carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, and Kelley NOES: Councilmember Feibusch ABSENT: None Reg. Mtg. December 7, 1983 Page 5 429 10f. Matter of Renewal of Contract for City Attorney Mayor Kelley requested that this matter be discussed in closed session. 10g. Ordinance Amending Bradley-Burns Sales Tax Ordinance City Manager Payne advised that it is necessary to act on this emergency ordinance as soon as possible. Notice of same was received on November 23, 1983 and action must be taken and in effect by January 1, 1984. City Attorney Rapport explained the changes in detail, and specifically that they mainly apply to water borne vessels which do not affect Ukiah. If the ordinance is not revised, the State Board of Equalization may not collect sales tax for the City. In addition, he mentioned the following corrections to be made to the proposed ordinance: 1) Page 1, Line 22, the word "Section" should be changed to "Article." 2) Page 3, Line 6, the word "Section" should be changed to "Article." 3) Page 5, Line 3, "1974" should be changed to "1984." M/S: Hickey/Myers to introduce the ordinance by title only carried by a unanimous voice vote. M/S: Hickey/Feibusch to adopt Ordinance No. 823, A Ordinance of the City Council of the City of Ukiah to Amend Ordinance No. 511 Imposing a Sales and Use Tax to be Administered by the State Board of Equalization, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Kelley NOES: None ABSENT: None 10h. Appeal of Planning Commission Denial, Variance 84-37, C-P Realtors - Sign Code Councilmember Hickey disqualified himself due to a possible conflict of interest and left the meeting. City Manager Payne explained this item was moved to the end of the agenda due to the previous tie vote resulting in no action being taken. As suggested, further consideration of this appeal was postponed until action was taken on the Sign Code. A brief discussion of this appeal followed. M/S: Feibusch/Kelley to reject the appeal and uphold the decision of the Planning Commission, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, and Kelley. NOES: Councilmember Myers ABSENT: Councilmember Hickey Councilmember Hickey returned to his seat on the Council. CITY COUNCIL REPORTS Councilmember Feibusch Asked what prompted the public notice in the Sunday, December 4, 1983 issue of the Ukiah Daily Journal regarding a public hearing to be held for the revision of off-street parking spaces required for theaters in order to consider an ordinance regulating disco and live music establishments in commercial zone districts. City Manager Payne believed the City Council previously referred this matter to the Planning Commission for their recommendation. He assumed that the public notice was to obtain public input in order for the Planning Commission to make a recommendation to the City Council. Councilmember Dickens Attended the Chamber of Commerce Awards Dinner and was very impressed. Mayor Kelley Advised he lit the Christmas tree for the Chamber of Commerce Christmas tree lighting ceremony. Reg. Mtg. December 7, 1983 Page 6 430 RECESSS: 9:40 p.m. RECONVENED TO CLOSED SESSION: 9:45 p.m. RECONVENED TO REGULAR SESSION: 9:59 p.m. 10f. Matter of Renewal of Contract for City Attorney M/S: Hickey/Feibusch to approve an extension of the contract and addendum with the City Attorney for the calendar year 1984, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Kelley NOES: None ABSENT: None ADJOURNMENT There being no further business, the City Council adjourned at 10:00 p.m. Glenice Pearson Deputy City Clerk Reg. Mtg. December 7, 1983 Page 7