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HomeMy WebLinkAboutmin 11-16-83417 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - NOVEMBER 16, 1983 The City Council convened in regular session at 6:35 p.m. in the City Council Chambers. Roll was taken and the following Councilmembers were present: Feibusch, Dickens, Hickey. Absent: Councilmembers Myers, Kelley. Staff present: Payne, Rapport, Pedroncelli, Harris, Roper, Pearson, Gutierrez. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Hickey gave the Invocation and Councilmember Feibusch led in the Pledge of Allegiance. ADDITIONS TO THE AGENDA Vice Mayor Hickey announced the following additions to the agenda: 10e. City Council Approval of an Agreement With the Corps of Engineers, U. S. Government for Construction Operation and Maintenance of the Lake Mendocino Power Project 10f. Yokayo School Property CLOSED SESSION At 6:40 p.m. the Council adjourned and met in executive session to discuss the matter of Smith Vs. the City of Ukiah. Council reconvened at 6:46 p.m. at which time the following action was taken: M/S: Feibusch/Dickens to authorize the City Attorney to represent the City in the case of Smith Vs. the City of Ukiah carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey NOES: None ABSENT: Councilmembers Myers, Kelley. APPROVAL/CORRECTION OF MINUTES M/S: Feibusch/Dickens to approve the minutes of November 2, 1983 as submitted carried by a unanimous voice vote. RIGHT TO APPEAL DECISION Vice Mayor Hickey read section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. CONSENT CALENDAR City Manager stated that the City's insurance carrier advised item 6d be denied on the basis that it was submitted past the statute of limitations, which is 100 days. Councilmember Feibusch questioned warrant #24240 and requested an explanation from staff. City Manager responded that an explanation would be forthcoming. M/S: Feibusch/Dickens to approve Consent Calendar items 6a - 6h as follows: 6a. Approved Payroll Warrants #725-867, $82,758.54 6b. Approved General Warrants #24159-24303, $506,988.49 6c. Denied claim for damages, Victoria Daniels, and referred to insurance carrier 6d. Denied claim for damages, Thomas P. Hill on the basis that it was submitted past the 100 day statute of limitations and referred to insurance carrier 6e. Awarded bid, tractor to Ukiah Ford Tractor in the amount of $6,757.50 6f. Awarded bid, meter test equipment to Knopp, Inc. of Oakland, California in the amount of $45,050.00. 6g. Cancelled second meeting in December Reg. Mtg. November 16, 1983 Page 1 418 6h. Approved Report of Administrative Actions & Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey NOES: None ABSENT: Councilmembers Myers, Kelley. PETITIONS AND COMMUNICATIONS 8a. Request from Mr. Bell Regarding Drainage Brian Bell, 930 Live Oak, addressed the Council regarding the drainage ditch on his property, adjacent to the ninth fairway, which overflows and floods his yard each year causing heavy damage. He stated the City's storm drains dump water into it and he therefore felt that the City should widen and deepen the ditch to alleviate the flood problem. He further noted that he would help subsidize the project. Public Works Director referred to basic drainage laws and advised that compliance with Mr. Bell's request would constitute a precedent setting situation. He further noted that earthwork is never ending and recommended the City not maintain the drainage ditch on Mr. Bell's property. Councilmember Feibusch was not familiar with the property and preferred to look at it prior to making a decision. The matter was continued to the meeting on December 7, 1983. PUBLIC HEARINGS 7a. Continued Hearing, Castillo Variance, Appl. No. 83-93 City Manager stated the applicant's attorney delivered a letter requesting to withdraw the appeal. He then read the following letter for the record: "Mr. and Mrs. Nicolas Castillo wish to withdraw their appeal at this time. In their behalf, I wish to thank the Council for your courtesy and consideration in this matter." 7b. Continuation of Noticed Hearing, Revised Proposals to Sign Code Planning Director noted that pursuant to information received from the City Attorney regarding a new State law which impacted the proposed revisions to the Sign Code, sign regulations are considered part of the City's zoning authority and therefore all information regarding amendments must be considered in a public hearing. He then discussed the specific sections of the Sign Code. He noted that the original Section 3226.8 had been eliminated because of First Amendment issues. However, due to subsequent renumbering there is a Section 3226.8 which is not to be confused with the original section which was deleted. Section 3227 a)12) deals with the amortization period and requires the Council to set an effective date which would be operative for freeway signs. PUBLIC HEARING OPENED: 7:19 p.m. PUBLIC HEARING CLOSED: 7:19 p.m. as no one addressed the issue. M/S: Feibusch/Hickey that the amortization of freeway signs start at the time logo signs are in place and go for three years carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey NOES: Councilmember Dickens ABSENT: Councilmembers Myers, Kelley. M/S: Feibusch/Hickey to adopt the Negative Declaration as adequate and complete carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey NOES: Councilmember Dickens ABSENT: Councilmembers Myers, Kelley. Reg. Mtg. November 16, 1983 Page 2 M/S: Feibusch/Hickey to introduce the ordinance by title only carried by a 4 1 9 unanimous voice vote. M/S: Feibusch/Hickey to introduce 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 Regulations) I983 carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey NOES: Councilmember Dickens ABSENT: Councilmembers Myers, Kelley. M/S: Feibusch/Hickey to adopt 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 Regulations) 1983 carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey NOES: Councilmember Dickens ABSENT: Councilmembers Myers, Kelley. 7c. General Plan Amendment 1983-C Planning Director stated the Amendment includes one Land Use Change Area, "Marlene Street East" and documentation changes to the Community Facilities, Recreation and Community Design Element and the Circulation-Transportation and Scenic Highways Element. The proposed Land Use Change was proposed by the property owner and encompasses 10,000 square feet of parcel at the southwest corner of Marlene and Marlene. The area is currently designated Medium High Density Residential with the neighborhood land use being residential. The parcel is vacant and the property owner is proposing a Commercial designation with the intended use as mini storage units. The Planning Commission's determination was that the property should not be changed and that it would be incompatible with the residential neighborhood. Changes in the Community Facilities, Recreation and Community Design Element were included at the request of the Planning Commission to address the needed park acreage in the neighborhood south of Gobbi Street and west of U.S. 101 freeway. The Circulation-Transportation and Scenic Highways Element was included in the Amendment to address the extension of Cooper Lane which had been noted during a previous General Plan Amendment. The Planning Commission eliminated any consideration of Cooper Lane extension but did make modifications to the list on page 23 relative to arterial circulation in the north-south direction, including "Orchard Avenue, extended from Perkins northerly past Brush" to accommodate concerns expressed during discussions of the Bricarelli property and also to add a new map as Figure 4A outlining the Circulation Elements within the City limits. PUBLIC HEARING OPENED FOR "MARLENE STREET EAST": 7:46 p.m. Pete Passoff, 155 Debra Court, opposed the change to Commercial designation and felt it was inappropriate. PUBLIC HEARING CLOSED: 7:47 p.m. PUBLIC HEARING OPENED FOR "COMMUNITY FACILITIES, RECREATION AND COMMUNITY DESIGN ELEMENT": 7:47 p.m. Pete Passoff, 155 Debra Court, felt the area is worthy of park and urged the Council to consider it. City Attorney stated that as long as in-lieu park fees are used in such a manner that the open space or park is available for use to subdivision residents, that it does not have to be within the subdivision itself. PUBLIC HEARING CLOSED: 7:50 p.m. PUBLIC HEARING OPENED FOR "CIRCULATION-TRANSPORTATION AND SCENIC HIGHWAYS ELEMENT": 7:50 p.m. PUBLIC HEARING CLOSED: 7:50 p.m. as no one addressed the issue. Councilmembers concurred with the staff recommendations that "Marlene Street East" should not be commercial and that there should be a park in the area. The public hearing was continued to December 7, 1983. Reg. Mtg. November 16, 1983 Page 3 421 RECESS: 7:55 p.m. RECONVENED: 8: 00 p.m. UNFINISHED BUSINESS 9a. Matter of Planning Commissioner Appointment City Manager stated that pursuant to Council's request for input from the Planning Commission regarding the appointment of a new member or reduction of Commission membership, it was voted that the Commission be continued with seven members. M/S: Feibusch/Hickey to direct the City Clerk to advertise for a replacement to fill the vacancy on the Planning Commission carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey NOES: None ABSENT: None NEW BUSINESS lOa. Adopt Fee Schedule, County Health Department City Manager stated the City has a contract with the County of Mendocino to provide Health Department services to the City area. The services provided are paid for by fees charged businesses within the City corporate limits based upon the type of inspections required. The City has been presented a draft resolution by the County of Mendocino for adoption and a new fee schedule establishing rates for services. He noted that the County has addressed the concerns of the City, the proposal is adequate and satisfactory and recommended its adoption. M/S: Feibusch/Dickens to adopt Resolution No. 84-33, Resolution of the City Council of the City of Ukiah Approving Fees Based on Cost of Providing Specific County Health Services, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey NOES: None ABSENT: Councilmembers Myers, Kelley. 10b. Matter of Disparity Between Municipal Code Planning Director stated that pursuant to City Council request, the Planning Commission compared the City of Ukiah's Municipal Code with the Uniform Building Code. The Commission determined from a planning perspective that the codes were almost identical and that the modifications appeared to be less stringent than the building codes. He then noted the six differences between the codes. Staff believes that since the City adopts the Uniform Building Code as its construction regulations, the codes do not constitute a detriment to construction activity in the community. Council accepted the report. 10c. Matter of Calaveras (Feibusch) Councilmember Feibusch asked to withdraw this item and hold it over until a full council is present. 10d. Business Routes Signs U.S. 101 Planning Director stated that the Cal Trans' Eureka Office was contacted regarding the installation of "U.S. 101 Business Routes" signs on both the north and south ends of the City on the freeway. Necessary Council action is adoption of a resolution indicating the desire to have the signs and a commitment to provide signs in the City along State Street. Cal Trans is responsible for the signs on the freeway. With the adoption of the resolution the City Council is accepting the maintenance and actual construction responsibility for the signs on State Street. Staff believes the maintenance costs will be minimal and that the signs will provide a benefit to the business community. Reg. Mtg. November 16, 1983 Page 4 422 M/S: Dickens/Feibusch to adopt Resolution No. 84-32, Resolution of the City Council of the City of Ukiah Requesting Cal Trans Implementation of Business Route Signs on U.S. 101 Freeway, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey NOES: None ABSENT: Councilmembers Myers, Kelley. 10e. Agreement for Construction Operation and Maintenance of the Lake Mendocino Project Director of Electric Utility stated the final details of the draft agreement for construction, operation and maintenance of the Lake Mendocino Project were worked out and agreement reached between the City's engineers, Tudor Engineering Company of San Francisco and the Army Corps of Engineers, Sacramento District Office. The contract must be executed by November 30, 1983 or the contractor for the Project could file claims against the City for holding up the project. He asked for Council approval of the agreement in substance. Gordon Marsh, Tudor Engineers, stated the draft agreement has been forwarded by the Corps of Engineers to Washington D.C. for their signature approval. He anticipated only minor, non substantive changes. M/S: Dickens/Hickey to adopt Resolution No. 84-34, Resolution of the City Council of the City of Ukiah Approving Agreement for Construction, Operation and Maintenance of the Lake Mendocino Power Project, carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey NOES: Councilmember Feibusch ABSENT: Councilmembers Myers, Kelley. 10f. Yokayo School Property City Manager stated preliminary proposals for appraisals of the Yokayo School property have been received. He recommended the Council authorize the City to choose one and proceed. Councilmember Feibusch opposed the lowest bidder because the bidder is located in Napa and was of the opinion constituents may feel favoritism was involved since the City Manager is from Napa. City Manager stated that the appraisers contacted were from a list provided by an appraiser Councilmember Feibusch suggested. M/S: Feibusch/Dickens to authorize the City Manager to request firm bids as soon as possible from the three lowest bidders, which were: Associated Services, Napa; Murphy and Associates, San Raphael; Charles Semple, San Raphael, and to authorize him to contract with the lowest bidder, and authorizing him to utilize funds from the Civic Center Fund, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey NOES: None ABSENT: Councilmembers Myers, Kelley. CITY COUNCIL REPORTS Councilmember Feibusch Asked the City Attorney to research salaries of City Clerks and City Treasurers and questioned if the Council had the authority to increase those wages. City Attorney responded that the City Council could increase the wages by either a resolution or an ordinance. He advised the Council to determine the salaries in a future meeting in the event the electorate votes to keep those positions elected positions. He noted that he received a call from a woman who was concerned with disaster relief in case of an earthquake and he felt the City should have a disaster relief plan. City Manager responded that the City is part of an emergency relief organization with its own teams and that a copy of that information would be provided to Mr. Feibusch. Councilmember Dickens None Reg. Mtg. November 16, 1983 Page 5 423 Vice-Mayor Hickey Informed the Council he spent three hours at the Cancer Society Auction and that he cut the ribbon at the new At Large clothing store. He wished everyone a Happy Thanksgiving. ADJOURNMENT There being no further business, the City Council adjourned at 8:55 p.m. Sandra Gutierrez Deputy City Clerk Reg. Mtg. November 16, 1983 Page 6