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HomeMy WebLinkAboutmin 11-02-83411 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - NOVEMBER 2, 1983 The City Council convened in regular session at 6:30 in the City Council Chambers. Roll was taken and the following Councilmembers were present: Feibusch, Dickens, Hickey, Myers, Kelley. Staff present: Payne, Rapport, Pedroncelli, Harris, Roper, Pearson, Gutierrez, Goforth. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Hickey gave the Invocation and Councilmember Dickens led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Feibusch/Hickey to approve the minutes of October 19, 1983 as submitted carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None CONSENT CALENDAR M/S: Hickey/Dickens to approve the Consent Calendar items 6a - 6d as follows: 6a. Approved Payroll Warrants, #584-724, $80,703.02 6b. Approved General Warrants, #24058-24158, $244,218.81 6c. Awarded bid, cable & miscellaneous equipment, Lake Mendocino Project to various suppliers in the amount of $95,464.75 6d. Approved the Report of Administrative Actions & Proposals (R.A.A.P.) Councilmember Feibusch stated that his vote on item 6c would be a no vote. Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None SPECIAL ORDER OF BUSINESS - 6:30 p.m. 7a. Presentation Re Gravel Extraction, Russian River Mr. Robert Carnahan, 901 Marina Dr., Vice President of Ford Gravel Company, stated he was available to answer any questions. Councilmember Feibusch felt that prior to filing an appeal on the Negative Declaration that the City should discuss the possible costs. He noted that after observing the river bed for 36 years he felt other things have contributed to its degradation. He felt the water reserve and water quality in the Valley need to be studied. He asked Mr. Carnahan if he felt the City's wells are in jeopardy due to the Ford Gravel Company's operation and if gravel extraction contributed to the degradation of ground water in the Russian River. Mr. Carnahan stated if Ford Gravel stopped the gravel extraction immediately it would not solve the City's problem. He advised the Councilmembers to educate themeselves in this area by perhaps forming a committee and going to the gravel extraction site with Ford Gravel to better understand the problem. He stated that they could not change the configuration of the river and that the gravel will deposit where it wants to. Deputy Director of Public Works gave a brief presentation, noting that the cause of the degradation is not clear. He futher noted that in his presentations to the County he pointed out the seriousness of the problem and suggested a compehensive study be done to determine the mitigation measures. He did not feel a long term gravel extraction permit should be issued at this time. The matter was continued to executive session. Reg. Mtg. November 2, 1983 Page 1 coooe13 412 PUBLIC HEARINGS - 7:00 p.m. 8a. Continued Hearing, Appeal of Planning Commission Denial, Variance Appl. No. 84-18, Matt Sankovich Planning Director recommended the Council uphold the Planning Commission's denial of the variance. He noted the proposed sign was a free standing, directional, off premise sign to identify three businesses on the west side of J.C. Penney's in the Pear Tree shopping center. He noted neither the sign nor the proposed colors fit in with the rest of the sign program at the shopping center and that the Planning Commission could not determine findings to support the variance. PUBLIC HEARING OPENED: 7:17 p.m. Matt Sankovich, 150 Cherry Ct., responded to the Planning Directors remarks and gave reasons why he did not support the alternatives suggested by the Planning Department. He did note that the color scheme could be changed to yellow and brown to conform with the rest of the shopping center. PUBLIC HEARING CLOSED: 7:21 p.m. Councilmember Feibusch stated he felt the three businesses were hidden and he therefore favored granting the variance. M/S: Hickey/Feibusch to grant the Variance with findings being the unusual condition which prohibits these three businesses from being visible and that the sign be 30' x 60' with yellow letters be used on brown. City Manager stated that the proposed revised sign ordinance has a provision that would allow the revision of the overall signing of the shopping center and if the applicant could wait two or three months they would not have to go through the variance procedure. Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Kelley NOES: Councilmember Myers ABSENT: None 8b. Continued Hearing, Appeal of Planning Commission Denial, Castillo Variance, Appl. No. 83-93 Planning Director stated the variance includes two sections; 1) the front setback; and, 2) the square footage required per unit. The setback issue has been resolved. Seven units are allowed on subject parcel. A density bonus could be granted if the applicant were to provide a low and moderate income unit. However, the rents proposed by the applicant would not meet the standards required to implement this provision. The Planning Commission could not determine findings on which to base the variance. Staff feels the area would be negatively impacted by the additional unit and recommends that the Council uphold the Planning Commission action of denial of the variance regarding square footage per unit. PUBLIC HEARING OPENED: 7:40 p.m. Barry Vogel, 280 N. Oak, attorney for the applicant, stated that per the parcel's footage 7.57 units are allowed and asked the Council to consider that sufficient to round off the units to 8. He also asked the Council to consider leasing the applicant the 5' x 150' strip of land which the applicant dedicated to the City. This additional 750 footage would raise their allowable units to 7.81 and would bring them closer to the footage needed for the eighth unit. He stated the applicant would maintain it and keep it consistent with the development. Pearl Castillo, 627 Ellyn Lynn, Redwood Valley, reviewed a cost analysis she had done and concluded that their income would be reduced by 13% with only 7 units. Reg. Mtg. November 2, 1983 Page 2 413 PUBLIC HEARING CLOSED: 7:50 p.m. M/S: Hickey/Feibusch to grant the appeal based on the fact that they presently have more than 7~ units of space on the lot and based on the unusual shape of the lot. Councilmember Feibusch asked the Planning Director if the number of required parking spaces are calculated to 7.5 if the City requires 8 spaces. Planning Director responded that the City would require 8 spaces. Councilmember Dickens was concerned with open space. She was of the opinion that with seven three bedrooom units there would be a lot of children and that the insufficient open space would constitute a hazard to their health and safety. The maker of the motion, with the approval of the second, made an amendment to the motion to include the northeast corner of the parcel be stipulated as a fenced in play area. Councilmember Myers was of the opinion that the law was specific and could not accept the findings presented. Mayor Kelley did not agree with the findings and noted that a precedent had already been set by denial of a variance at Walnut and Bush. City Attorney stated the Council would have to show how the unusual features of this parcel deprive it of use as used by other similar properties. He recommended the Council include additional facts to support the findings and relate them to this particular property. Motion failed by the following roll call vote: AYES: Councilmembers Feibusch, Hickey NOES: Councilmembers Dickens, Myers, Kelley ABSENT: None RECESS: 8:00 p.m. RECONVENED: 8:10 p.m. Councilmember Dickens requested that the appeal of the Planning Commission denial of Variance Appl No. 83-93 by the Castillos, be placed on the 11/2/83 agenda. M/S: Myers/Hickey to put the matter on the agenda for 11/16/83 carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey NOES: Councilmembers Myers, Kelley ABSENT: None PETITIONS AND COMMUNICATIONS 9a. Presentation of Petitions, Request for 3-Way Stop Sign, Dora & Gobbi Richard Heeter, 130 Cherry St., expressed concern for the safety of the children at the Yokayo School and petioned for a 3-way stop sign at the intersection of Gobbi and Dora Streets. Iris Murphy, 405 Eastside Calpella Rd, President of the Yokayo PTA, spoke in favor of the 3-way stop sign. She was concerned with the safety of the children crossing the street and also felt it would facilitate left hand turns from Gobbi onto Dora. Cynthia Blackstone, 420 S. Spring St. spoke in favor of the 3-way stop sign. City Manager stated the Traffic Engineering Committee studied the accident that initiated this petition and they determined a 3-way stop sign was not the answer. He referred to page 13 of the Warrants System (utilized by many communities for the installation of various traffic control devices) and noted that it stated "Multi-way stops should not be used specifically as an aid to pedestrian crossings." Reg. Mtg. November 2, 1983 Page 3 414 Public Works Director reviewed staff's suggestions for improving safety at subject intersection. Such measures included: installation of two of the standard school crossing signs; contact with the corner property owner to trim his hedge and some limbs of his walnut tree; repainting the sidewalk across Dora and cross hatching it with yellow which indicates school crossings; a continued safety education program at Yokayo School to follow the directions of the crossing guard. Councilmember Myers suggested removing parking along the length of the school on Dora Street during school hours. He felt this would eliminate children darting out from behind parked cars. City Manager stated the matter could be referred to the Traffic Engineering Committee. M/S: Feibusch/Myers to install a 3-way stop sign at the corner of Gobbi and Dora as requested in the petition carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Myers, Kelley NOES: Councilmember Hickey ABSENT: None RECESS: 8:40 p.m. RECONVENED: 8:45 p.m. 9b. Matter of Resignation, Planning Commissioner Don VanderMey City Manager stated it is traditional to accept the resignation and advertise for a replacement, but that the Council may want to consider moving to a 5 member commission. The matter was referred to the Planning Commisson for their input. UNFINISHED BUSINESS 10a. Matter of Ordinance Revising Sign Code Planning Director stated that at the last meeting the Council received additional information regarding the recently enacted State Statutes and the effect upon the proposed revision to the Sign Code. It was also noted that the ordinance was not in legal format for adoption. The ordinance is now in proper form but since the public hearing was closed at the October 19, 1983 meeting, the matter must be continued to allow for a new public hearing on the revisions, with ten day noticing. M/S: Hickey/Myers that the matter be continued to the November 16, 1983 meeting carried by a unanimous voice vote. 10b. Bid Award, Construction of Gobbi Street Substation Director of Electric Utility stated bids were received and a question had been raised regarding the contractor license required for this work. It has been determined that the low bidder, Wismer and Becker, are properly licensed. He noted they were in the audience to answer any questions and recommended award of the bid to them. M/S: Feibusch/Hickey to award the bid to Wismer and Becker of Sacramento in the amount of $299,754.00 carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10c. Resolution No. 84-31, Restriping Gobbi Street, State to Orchard & Elimination of Parking Public Works Director reviewed the two-lane striping plan which provides a continuous left turn lane with left turn pockets at the intersecting streets which have left turn movements. Removal of on-street parking would provide room for a five-foot bike lane adjacent to the curb on both sides. He recommended adoption of the resolution removing parking from both sides of Gobbi Street between State Street and Orchard Avenue and approval of the restriping plan. Reg. Mtg. November 2, 1983 Page 4 415 Jean McCoy, Skyranch Christmas Tres Sales, 490 E. Gobbi, stated the proposed plan would leave her with only one on-street parking place on Orchard Ave. Councilmember Hickey stated he has received many calls in favor of the red stripping of curbs on Gobbi Street. Councilmember Feibusch questioned the signalzation fund. Planning Director stated a per acre fee has been established, but that only one project has been submitted for approval. A motion by Councilmember Feibucsh to adopt Resolution 84-31, removing parking from both sides of Gobbi Street and to approve the stripping plan died for lack of a second. M/S: Feibusch/Hickey to adopt Resolution No. 84-31, Resolution of the City Council of the City of Ukiah Designating Certain Streets or Portions of Streets as Parking Prohibited At Ail Times carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None M/S: Hickey/Feibusch to adopt the restriping plan as submitted by staff carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10d. Matter of Vacancy, City Clerk Position City Manager stated the Council had 30 days to appoint a someone to fill the vacancy. M/S: Hickey/Myers to have the City Manager fill the position until the next election and at that time have the general public decide if they want to continue the City Clerk as an elected position or make it an appointed position. City Manager stated he did not ask for this, but if the City Council wants him to do this on an interim basis to serve the City, he will do so. He further stated that when a qualified Secretary to the City Manager is hired he would give his resignation and the Council could appoint her to the City Clerk position. Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None NEW BUSINESS lla. Discussion of Policy Regarding Continuation of Items Councilmember Dickens was of the opinion that one extension was ample. Councilmembers Hickey and Feibusch favored two extensions. City Attorney noted tht the Code states a decision must be made within 60 days from the time the appeal is filed. M/S: Hickey/Myers that the City Council grant no more than one continuance provided good cause is shown and in no event will the City Council delay a decision beyond the 60 day limit carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None llb. Matter of Interest Charges, Various City Funds Councilmember Feibusch noted that the Redevelopment Agency borrowed $10,000 at 10% interest from the City and at the end of 1982-83 fiscal year the City charged the Redevelopment Agency interest on the borrowed amount. However, no interest was accrued to the favor of the Redevelopment Agency on the Reg. Mtg. November 2, 1983 Page 5 416 unexpended balance. He questioned this bookeeping practice. The Director of Finance was directed to prepare a memo regarding this practice. llc. MTA, Jitney & Dial-A-Ride, Extending Service (Kelley) Bruce Richard, MTA, explained that as a result of a drop in the Jitney ridership last year that their County funds were restricted. He stated that MCOG will review their funding at the next meeting and he requested support and input from the Council for the State Street Jitney continuation and extension of Dial-A-Ride. He stated that the Jitney is necessary as it is the vehicle which serves low income people. He further stated that Dial-A-Ride is expanding to meet FAA requirements and explained the expansion plan and the cost to the balance of the fiscal year as follows: Sunday Saturday Monday - Friday 8:00 a.m. to 6:00 p.m. extend to 10:00 p.m. extend to 11:00 p.m. extend to 12:00 a.m. extend to I:00 a.m. - $5,800 - $1,800 - $4,700 - $7,ooo - $9,000 Council concensus was to support the extension to the fullest. COMMENTS FROM THE AUDIENCE Peter Page, Ukiah Daily Journal, questioned why the Council agendas did not specifically state the purpose of the closed sessions (Personnel or Litigation) and also the whether a closed session could be held to discuss possible litigation. CITY COUNCIL REPORTS None of the Councilmembers had a report to present. ADJOURNED to closed session at 10:15 p.m. and reconvened in regular session at 11:34 p.m. at which time the following action was taken: M/S: Hickey/Myers to authorize the City Attorney to file suit to force an EIR on the effects of gravel extraction on water quality carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None ADJOURNED 11:40 p.m. Sandra Gutierrez Deputy City Clerk Reg. Mtg. November 2, 1983 Page 6