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HomeMy WebLinkAboutmin 10-05-83395 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - OCTOBER 5, 1983 The City Council convened in regular session at 6:40 p.m. 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, Tillotson, Gutierrez. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Feibusch gave the Invocation and Mayor Kelley led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Feibusch/Kelley to approve page 6 of the minutes of September 7, 1983 as submitted and the minutes of September 20, 1983 as amended carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None RIGHT TO APPEAL Mayor Kelley reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. CONSENT CALENDAR Councilmember Feibusch pulled item 6b which became item I0g and item 6h which became item 10h. Councilmember Dickens pulled item 6d which became item 10i and item 6g which became item 10j. M/S: Hickey/Feibusch to approve Consent Calendar items 6a, 6c, 6e and 6f as follows: 6a. Approved Payroll Warrants, #296-440, $90,986.23 6c. Approved bid award, one ton truck, cab & chassis only, to Cox Motors in the amount of $9,367.22 6e. Approved Notice of Completion, Perkins installation of conduit, pullboxes, vaults 6f. Approved Notice of Completion, construction of drainage facilities, School Street Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None PETITIONS AND COMMUNICATIONS 8a. Request From Duncan James Pertaining to Planning Policies & Permits (Kelley) James Duncan, Attorney, State Street, asked several questions regarding building permits. His concerns related to the definition of "building permits", expirations, extentions and transferability. Planning Director responded to the questions. City Manager noted that some of them related to established City Council policies and some to the City Code. The consensus of the Council was that the prepared draft letter responding to Mr. Duncan be reviewed by the City Attorney prior to being mailed to Mr. Duncan. PUBLIC HEARINGS 7a. Continuation of Noticed Hearing, Castillo Variance No. 83-93 City Manager stated that a letter was received from the applicant's attorney requesting continuance of this matter to October 19, I983. Reg. Mtg. October 5, 1983 Page 1 396 PUBLIC HEARING OPENED: 7:03 p.m. PUBLIC HEARING CLOSED: 7:03 p.m. as no one addressed the issue. M/S: Myers/Hickey to continue this matter to October 19, 1983 carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey, Myers, Kelley NOES: Dickens ABSENT: None 7b. Continuation of Noticed Hearing, Proposed Revisions to Sign Code City Clerk read into the record a letter dated September 30, 1983 from Larry Schwartz, 1622 S. Dora St., Ukiah favoring a strict sign ordinance. She then read into the record a letter from Richard P. Selzer, of Selzer Realty, dated September 28, 1983 opposing the requirement of use permits for Real Estate "For Sale" signs. Councilmember Myers read a letter into the record from Phyllis Curtis dated October 5, 1983, opposing revision of the Sign Ordinance, especially larger signs and sandwich board signs. The letter was signed by 14 other citizens. PUBLIC HEARING OPENED: 7:10 p.m. B. Lou Robinson, 6551 East Side Rd., opposed larger signs and favored a less lenient Sign Ordinance. PUBLIC HERING CLOSED: 7:13 p.m. Council discussed their concerns as well as those of constituents who contacted them regarding opposition to large signs and the pros and cons of sandwich board signs and the freeway zone. Councilmembers favored logo signs and will continue in their efforts to obtain them. M/S: Dickens/Kelley, that we delete No. 12, page 152 regarding the freeway zone; that we allow the freeway zone and that we do allow the businesses that presently have tall signs to keep them until we have logo signs failed by the following roll call vote: AYES: Councilmember Dickens, Kelley NOES: Councilmembers Feibusch, Hickey, Myers ABSENT: None Further discussion concerned unfair competition and the possibility of allowing high signs near the freeway but requiring their removal when the logo signs are acquired. City Attorney advised that as far as he knew they could require the tall signs to be removed upon acquisition of logo signs. M/S: Myers/Hickey that we accept the Planning Commission's recommendations as amended with the stipulation that we have removal of all freeway signs upon reality of logo signs whether private or public; the size limit be that of a double faced sign but only allow it 50% larger than what is already in existence; that A-frame signs not be permitted and to strike the Real Estate portion. Councilmember Feibusch made a friendly amendment that A-frames be allowed with the stipulation that they be taken inside at night. This friendly amendment was accepted by the maker of the motion and the second. Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey, Myers, Kelley NOES: Councilmember Dickens ABSENT: None 7c. Proposed Restriping of Gobbi Street and Elimination of Parking, State to Orchard Public Works Director stated that the traffic problem on Gobbi Street, between State and Orchard has been a concern of the Traffic Engineering Committee for some time. He noted they had examined and considered various alternatives and explained the proposed four-lane plan which they felt best mitigated the traffic problem. Reg. Mtg. October 5, 1983 Page 2 397 Mayor Kelley presented to the City Clerk a petition he received opposing four lanes on Gobbi Street and favoring a stop sign on Gobbi at Orchard. He noted the petition contained over twenty pages of signatures. PUBLIC HEARING OPENED: 8:05 p.m. Jean McCoy, Skyranch Christmas Tree Sales, Gobbi & Orchard Streets, presented additional signatures to the above mentioned petition, spoke in opposition of the proposed restriping and expressed concern that there would not be adequate room for a bus or truck to negotiate a radius turn. Marshall McCoy, 490 E. Orchard, stated the proposed pocket would preclude him from having access to his property. Rona Howard, 190 Court St., noted that painting had begun today and questioned if the restriping was being done prior to a Council decision. Pete Passoff, 155 Debra Ct., spoke in favor of the proposed restriping and noted the congestion on Gobbi St. PUBLIC HEARING CLOSED: 8:19 p.m. Public Works Director responded to the concerns raised. He noted that the painting occurring on Gobbi is the repainting of existing red curbs, not the new ones. Jean McCoy was recognized and stated her east driveway can only be used during business hours according to the IRS. Council discussion concerned the difference between the widths of Gobbi and Perkins, the left turn lanes versus four lanes and the possibility of stop signs at intersecting streets, such as Waugh Lane. M/S: Hickey/Feibusch to refer the matter back to staff to study two lanes with continuous two-way left hand turn lanes carried by a unanimous voice vote. RECESS: 8:30 p.m. RECONVENED: 8:52 p.m. Councilmember Hickey stated he wanted to add to the agenda the matter of a VA medical facility in Ukiah. With Council consensus, the matter was added as item 10k. 8b. ~equest by Bobby Kennedy for Discussion of Las Casas Subdivision Fees City Manager stated the City Council has spent much time in the past months dealing with this matter. He noted that all the fees and charges are in conformance with the City of Ukiah's Codes. Bobby Kennedy, P.O. Box 306, Hopland, stated the purpose of bringing this matter before the Council was to point out unfair charges and that in his opinion the City's fees are excessive. Councilmember Hickey questioned the difference in figures for Parks and Recreation, as noted in Planning Director's memo to City Manager which corrected Mr. Kennedy's figues. Mr. Kennedy responded that he was not familiar with the memorandum but that the errors were made by City staff. No action was taken. Council directed staff to refer the above mentioned memorandum to Mr. Kennedy for his response. UNFINISHED BUSINESS 9a. Matter of NCPA Headquarters, Roseville Roger Fontes, NCPA Manager, 3106 Sarah Way, Sacramento, explained NCPA's problem of high rent and low space. NCPA felt it would be better financially Reg. Mtg. October 5, 1983 Page 3 398 to construct their own building, which has been a long term goal. He explained options available to the Council such as the Participation Agreement and Bond issues. He noted that all of the other NCPA members have approved the bond issue with the provision for the building in tact. Michael Argentine, NCPA Project Engineer, 7161 Stanford Dr., Sacramento, addressed the issues concerning the purchase of the land, the budget, milestones and reviewed the drawings. He also discussed the growth in Roseville and presented economic information on rentals and new building construction in Roseville. Councilmember Feibusch questioned the use of tax exempt money to finance this project. He also questioned the use of one agent to represent both the seller and the purchaser. Councilmember Dickens expressed concern that NCPA would be over-building and favored one phase at a time. M/S: Hickey/Myers that the Council approve the building using the first stage for NCPA use and two shells failed by the following roll call vote: AYES: Councilmembers Hickey, Myers NOES: Councilmembers Feibusch, Dickens, Kelley ABSENT: None M/S: Dickens/Myers that the matter be referred back to NCPA to plan the project to include the building, the land and not the shells, and adequate space to handle the conference room and dispatch center carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Kelley NOES: Councilmember Feibusch ABSENT: None 9b. Matter of Findings, Madden Variance No. 83-95, Rear Yard Setbacks M/S: Hickey/Feibusch to take up the question carried by a unanimous voice vote. City Attorney noted that at the last meeting a motion was made and seconded to accept the findings for the Variance as presented by the applicant's attorney and that motion was later tabled. Brenda Smith, 624 Joseph St., stated that half of her garden is blocked from the sun from the first building and that half is full of mildew. She felt that if the second building is built, her home will suffer mildew damage. Scott Smith, 624 Joseph St., felt that contrary to the findings, health and safety were affected do to the lack of sun which will be caused if the second building is allowed. He also felt safety was an issue due to the possible hazards of building on the property line. H.A. Madden, 200 Clara, stated his buildings which were there for 65 to 75 years were both on the property line. He noted that the old building was a fire trap and felt the new one would be safer. He also felt that the extra space created by the setback would be a fire trap and more of a hazard than the new building. M/S: Hickey/Feibusch to modify the motion to accept the findings as follows: mo Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity in that: 1. The lot is "T" shaped with one building on the west side of the "T" already at the north lot line; 2. The property is already developed for commercial warehouse purposes and the existing building and the proposed building are designed to be used together; Reg. Mtg. October 5, 1983 Page 4 399 3. Adjacent properties in the C-2 zone are used for similar commercial purposes; 4. Because of the "T" shape of the lot and the location of existing buildings on the property, a strict application of the rear yard setback requirements of the zoning ordinance would deprive the subject property of the coordinated use of the existing building with the proposed building; 5. Moreover, a setback between the north property line of the applicant's property and their proposed new building would create a useless strip of difficult to maintain land which is likely to cause problems in the future both for the applicant and adjacent property owners. B. Granting the variance will not harm adjacent property in that the proposed building replaces an existing building that was on the property line and a height limit of 50 feet is permitted in the zone without a use permit so that the same amount of interference with solar access could occur from a building meeting the rear yard set back requirement as will occur with the proposed building which is 20 feet tall. C. For the foregoing reasons the variance will not constitute a grant of special privilege inconsistent with the limitations on other property and will not materially or adversely affect the health and safety of persons residing or working in the neighborhood or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey, Myers NOES: Councilmembers Dickens, Kelley ABSENT: None 9c. Policy Resolution No. 11 Regarding Banners in Public Rights-of-Way City Manager stated that the resolution has been reworded to reflect the changes requested by the Council. M/S: Hickey/Dickens to adopt Resolution No. 11, Resolution of the City Council of the City of Ukiah Allowing Banners and Other Similar Display Items Within or Over Public Right-of-Way. Councilmember Feibusch asked to make a friendly amendment to the motion to strike criteria number 6, limiting one banner per street at any one time. The maker and the second accepted the friendly amendment. Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 9d. Resolution No. 84-26 Adopting Traffic Speed Study, Washington and Observatory 9e. Matter of Speed Zone, Helen Avenue (Dickens) Public Works Director felt the staff report was self explanatory and recommended adoption of the resolution. Councilmember Dickens requested that the 25MPH sign on Washington which is currently behind a pole be placed in a more visible location. M/S: Myers/Hickey to adopt Resolution No. 84-26, Resolution of the City Council of the City of Ukiah Establishing Speed Zones carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None Reg. Mtg. October 5, 1983 Page 5 4OO 9f. Adopt Ordinance No. 821, Victorian Homes Morie McCloud, 309 Snuffin, questioned why the criteria of 50 years was chosen as Victorians were built in the 1800's and 50 year old homes are not Victorians. Paul Trouette questioned how the subject ordinance was initiated and how it would affect a piece of property zoned commercial. He noted that he had a house over 50 years old that he planned to demolish and construct commercial property in its place. He was of the opinion that the City Council was getting into the area of taking away people's rights. Bill Lindsteadt, 908 Fairway, also felt the ordinance would infringe on personal rights. He felt if it was being done for the benefit of the whole that the whole should vote. Mayor Kelley responded that the Councilmembers were elected by the whole to represent them. M/S: Dickens/Hickey to introduce Ordinance No. 821 by title only carried by a unanimous voice vote: M/S: Dickens/Hickey to adopt Ordinance No. 821, An Ordinance of the City Council of the City of Ukiah Amending Division 3, Chapter 1, Article 2 of the Ukiah Municipal Code, Entitled Exclusion and Modifications to the Uniform Building Code, to Prevent the Demolition of Architecturally and Historically Significant Older Buildings in the City of Ukiah, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Kelley NOES: Councilmembers Hickey, Myers ABSENT: None 9g. Matter of Development Incentives (Kelley) City Manager informed the Council that Mayor Kelley had been approached regarding the City's participation in the Ukiah Development Corporation and local businessmen in developing a method and means whereby commercial developers may delay payment of City's electrical development costs by financing said cost. Pat McAllister, 917 Dominican Way, Representative of the Chamber of Commerce explained the proposed process, which would result in making it easier and cheaper to attract employers to Ukiah. M/S: Myers/Hickey to refer the matter to the City Attorney for review carried by a unanimous voice vote. RECESS: 11:05 p.m. RECONVENED: 11:15 p.m. 10a. Bid Award, Cedar Poles, Lake Mendocino Project City Manager stated this is a routine item and recommended award of purchase. M/S: Myers/Hickey to award the bid for 25 power poles to J.H. Baxter Company, San Mateo, California in the amount of $17,054.87 carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Kelley NOES: Councilmember Feibusch ABSENT: None 10b. Presentation of Proposed Annexation Brochure City Manager gave credit for the brochure to the whole staff. Councilmember Hickey felt it was well developed. Councilmember Feibusch questioned the cost of printing the brochure and opposed sending it out to everyone. City Manager responded that it was just a tool and did not replace City Council contact with those involved. Reg. Mtg. October 5, I983 Page 6 401 Councilmember Dickens was of the opinion that if the purpose of annexation was to increase the tax base that the brochure should be directed to more businesses and less residential area. The matter was continued to the October 19, 1983 meeting. 10c. Wastewater Plant Improvement, Step 3 Contract Kennedy/Jenks Engineers 4th Amendment (Engineering Services) Public Works Director stated the project is 98% complete on a $4.7 million project funded under the Federal and State Clean Water Grant Program. However, as of this month the money has been expended. There have been construction delays with payments being withheld and put into an escrow account. Should the construction contractor be given an extension, the additional engineering costs may be grant eligible. The scope of the incomplete construction work is not overwhelming but may require several months to complete. Staff recommended approval of the Fourth Amendment to Agreement for Engineering Services and authorization for the Mayor to execute same. Mr. Kennedy, Sr. was present and answered questions asked by the Council regarding the delays. M/S: Myers/Hickey to approve the Fourth Amendment to Agreement for Engineering Services and to authorize the Mayor to execute same carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10d. Authorize Approval of Agreement - Consultant Inspection Services, Airport Runway and Taxiway Project Public Works Director stated as a result of Council action on 9/20/83 accepting grant funds and awarding construction on this project, actual work should begin in a few weeks. In order to insure construction compliance with plans and specifications, adequate inspection and materials testing will be necessary to provide the required assurances to FAA and Caltrans. Inspection and testing costs are grant eligible and, therefore, subject to 90% reimbursement by grant funds. Staff recommends the City Council authorize Curtis/Herriman Engineering Consultants on a time and materials basis to perform all field inspection and testing. M/S: Feibusch/Hickey to authorize the use of Curtis/Herriman Engineering Consultants on a time and materials basis to perform all field inspection and testing to assure compliance with the plans and specifications for the Airport Runway and Taxiway Rehabilitation Project in accordance with the attached proposal, alternate No. 1 carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10e. Resolution Amending Personnel Policies, Residency City Manager stated that an employee asked for a waiver of the residency requirement. He lives five minutes out of the 30 minutes limit of residency requirement. The Operating Engineer's Union has agreed to this without the meet and confer process. City Manager recommended approval. M/S: Hickey/Myers to approve the Resolution, Resolution of the City Council of the City of Ukiah Amending Personnel Policies. Councilmember Dickens opposed the resolution which would accommodate one employee. She did not want to make a rule to change a rule. Mayor Kelley opposed the resolution also. He was of the opinion that local people were available and it was important to live and work in the same community. Reg. Mtg. October 5, 1983 Page 7 4O2 Motion failed by the following roll call vote: AYES: Councilmembers Hickey, Myers NOES: Councilmembers Feibusch, Dickens, Kelley ABSENT: None 10f. Appointment of Voting Delegate, League of California Cities Mayor Kelley stated he appointed himself the Voting Delegate at the conference. Council ratified the decision by a unanimous voice vote. 10g. General Warrants (old 6b) Councilmember Feibusch expressed concern with the power bills and felt there was not sufficient breakdown of charges regarding peaking charges. He also opposed the concept of paying the bills in advance. City Manager stated the Council will receive the power bill with the breakdown on each item. M/S: Feibusch/Hickey to approve the General Warrants in the amount of $843,065.36 carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10h. Report of Administrative Actions and Proposals (R.A.A.P.) (old 6§) Councilmember Feibusch referred to a letter from R.W. Beck to Mr. Roper regarding a meeting which took place in Ukiah and he expressed disappointment that the City Council was not involved. City Manager responded that the meeting was called by the financial people and the attorneys asked what litigation was pending against the City, etc. M/S: Feibusch/Hickey to approve the Report of Administrative Actions and Proposals (R.A.A.P.) carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10i. Bid Award, Mobile Radios and Related Equipment (old 6d) Councilmember Dickens expressed concern that only one bid was received. City Manager explained that every attempt was made to contact everyone to bid. Mayor Kelley requested to see the bids in addition to the recommendations in the future. M/S: Dickens/Hickey to award the bid for mobile radios and related equipment to Motorola in the amount of $17,482.32 carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10j. Authorize Purchase of Police Vehicles from State Office of Procurement (Old 6g) Councilmember Dickens thought police cars were already budgeted for this year. City Manager responded that one car would replace the Chief's car which in turn would be used as a patrol car. Councilmember Dickens expressed concern that the best cars be used as patrol cars. M/S: Dickens/Hickey to award the purchase of police vehicles from State Office of Procurement carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10k. Matter of Veteran's Medical Facility (Hickey) Councilmember Hickey asked for City Council support to establish a VA Hospital in Ukiah as a satellite to the Bay Area facility. He noted it would cover Mendocino, Humbolt and Lake Counties. M/S: Hickey/Myers to authorize the Mayor to send a letter of support to Mr. Reg. Mtg. October 5, 1983 Page 8 403 Logan with a copy to Mr. McGill carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None CITY COUNCIL REPORTS Mayor Kelley was impressed with the new microphones and asked what they would cost. City Manager stated it would cost $1,000 - $1,200. M/S: Hickey/Myers to authorize purchase of PZM microphones for Council Chambers with funds transferred from the contingency reserve to the City Council account carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None Councilmember Feibusch Reported that he attended an interesting session at the League Conference on co-generation of power and would like to make a report to the City Council at another time. He expressed concern with the high room rates paid by the City at the meeting and noted that the City of Ukiah by way of R.E.M.I.F. is a member of the Marine's Memorial Club and that their room rates are reasonable. City Manager stated that no rooms were available at the time of the conference. Councilmember Dickens Questioned the status of the Low Gap striping and thanked the City for letting her go the the League of California Cities Annual Conference. She felt it was very worthwhile. Councilmember Hickey Referred to a letter the Council received from Midwest Realty asking for support for the second stage of the Rooftree development. He understood the first phase was allowed as low to moderate income and that the rest would be first class. He felt Ukiah had enough low income housing and was not in favor of it. Mayor Kelley Reported that the Ukiah Valley Sanitation Board met the previous week and he mentioned the City's concerns regarding the RFP's and they will get back with the City regarding this. He questioned the status of T.K. Mining. City Manager stated a report has been prepared and forwarded from the Planning Director to the Finance Director concerning new interpretation of changes in use and what effect that has on a formal determination whether a new interpretation would allow a finding that parking does not comply with the Zoning Ordinance. The Finance Director will meet with the City Attorney if that method is to be pursued. He expressed appreciation for being allowed to attend the League of California Cities Conference and though the organization was well organized. CITY MANAGER'S REPORT City Manager read a letter from the Economic Development Administration rejecting the City's application for assistance under the Jobs Act. Mayor Kelley suggested hiring a professional grant writer for the next grant application. He felt there is a lot of money available and the City should try for as much of it as possible. ADJOURNMENT Adjourned at 12:45 a.m. to closed session at which the Council instructed the City Attorney to continue. Adjourned at 1:20 a.m. Sandra Gutierrez Deputy City Clerk Reg. Mtg. October 5, I983 Page 9