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HomeMy WebLinkAboutmin 09-20-83388 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - SEPTEMBER 20, 1983 The City Council convened in regular session at 6:34 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, Beard. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Kelley gave the Invocation and Councilmember Myers led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES It was the consensus of the Council to defer the approval of page 6 of the minutes of 9/7/83 until the next meeting. This page was inadvertently omitted at time of distribution. M/S: Myers/Hickey to approve the minutes of 9/7/83 as amended, with the exception of page 6 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 6d which was added to the agenda as item 10f. M/S: Myers/Feibusch to approve the Consent Calendar items 6a, 6b and 6c as follows: a. Payroll Warrants, #149-295, $80,255.44 b. General Warrants, #23698-23823, $309,446.14 c. Denied claim for damages, Paula Russell and referred to insurance carrier 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 David A. McElroy for Endorsement to Establish a Non-Profit Television Studio for the Television Improvement Association No one was in the audience to give testimony in support of the matter. M/S: Myers/Feibusch to accept and file the report carried by a unanimous voice vote. UNFINISHED BUSINESS 9a. Report of Findings, Madden Variance No. 83-95, Rear Yard Setbacks City Attorney stated he just received the findings presented by applicant's attorney in the morning and therefore was unable to present them to the Council in a more timely manner. He advised the Council to either accept them or recommend their own. He further advised that the findings be included in the minutes rather than in resolution form. M/S: Hickey/Feibusch to approve the appeal for a variance and adopt the findings presented. Reg. Mtg. September 20, 1983 Page 1 389 Councilmember Feibusch stated he would vote in favor of the variance because a building had been there for many years. He pointed out the applicant was given a Site Development Permit to build two buildings and could only build one due to financial hardships. Councilmember Hickey felt the existing zoning imposed special hardship on the applicant's lot beyond that suffered by neighboring lots in the same zone and therefore favored granting the variance. Councilmember Dickens opposed the variance because the building that was torn down was not similar to the proposed building and felt it would affect the health and safety of the public as testified at the last public hearing on this matter. She was of the opinion that 10 feet was not unreasonable for a setback and that it was necessary as a fire line. Councilmember Myers supported the variance and felt the City must address the matter of setbacks in relation to future development and whether they are necessary. City Manager pointed out that neither party was in the audience and that both were present when this matter was previously discussed. City Attorney noted that both parties were specifically told that this matter would be on the agenda for this meeting. Mayor Kelley felt uncomfortable taking action on this matter as he had not had an opportunity to review the new material presented and also because the parties involved were not present. The above motion was withdrawn with consent of the second. M/S: Myers/Hickey to continue this matter to the October 5, 1983 meeting carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None PUBLIC HEARINGS 7a. Continuation of Noticed Hearing, Castillo Variance No. 83-93. (Request from Barry Vogel to Continue Matter to October 5th Agenda M/S: Dickens/Myers to approve continuance of this matter until October 5, 1983 carried by a unanimous voice vote. 7b. Appeal of Planning Commission Decision Filed by Merlin Sawyers, Use Permit No. 84-2, S.E. Corner of North State and Brush City Manager stated the applicant has withdrawn the appeal and therefore no action was necessary. 7c. Consideration of Proposed Revision to Sign Code Planning Director reviewed the proposed changes to the Sign Code which the Council reviewed in joint session with the Planning Commission on August 24, 1983. PUBLIC HEARING OPENED: 7:17 p.m. No one addressed the issue. PUBLIC HEARING CONTINUED to October 5, 1983. Council discussion included questions addressed to the Planning Director regarding how the sign size is computed, the Freeway Zone and the Cal Trans Logo Program. A motion by Councilmember Dickens to count both sides of the sign died for lack of a second. Reg. Mtg. September 20, 1983 Page 2 390 A motion by Councilmember Dickens that the Freeway Zone be eliminated died for lack of a second. M/S: Myers/Feibusch to continue this matter to October 5, 1983 carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None RECESS: 7:48 p.m. RECONVENED: 7:56 p.m. UNFINISHED BUSINESS - Continued 9b. Removal of Street Parking Meters Within Parking & Business Improvement District Councilmember Feibusch declared a conflict of interest with items 9b and 9c and therefore disqualified himself and left the Chambers. City Manager stated that per City Council direction the Parking Advisory Commission considered the matter of removing additional parking meters within the Parking and Business Improvement District. At its meeting on September 12, 1983 the Parking Advisory Commission voted to recommend to the City Council removal of all the two-hour parking meters within the Parking and Business Improvement District. Clyde Oakes, 376 Gardens, Chairman of the Parking Advisory Commission clarified that the recommendation included only the Business Improvement District and not the entire Parking District, M/S: Dickens/Hickey that the two-hour parking meters within the Business Improvement District be removed carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Kelley NOES: None ABSENT: Councilmember Feibusch 9c~ Resolution No. 84-22 Establishing a 90 Minute Parking Limitation M/S: Hickey/Myers to adopt Resolution No. 84-22, Resolution of the City Council of the City of Ukiah Adopting Revised Parking Time Limits on Certain Streets carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Kelley NOES: None ABSENT: Councilmember Feibusch Councilmember Feibusch returned to the meeting at 8:10 p.m. 9d. Policy Resolution No. 11 Regarding Banners Across City Streets Planning Director reviewed the Resolution and noted the primary concern was to eliminate liability to the City. M/S: Hickey/Dickens to adopt Policy Resolution No. i1. Councilmembers Feibusch and Dickens were of the opinion that the City should be more cooperative and perhaps fasten the banners on the buildings or install permanent cables. Councilmember Hickey asked if the City would be incurring a liability by installing the cables. City Attorney responded that they would be incurring a potential liability but that the degree of liability was in question and therefore insurance was the only protection to have. Councilmember Myers felt the proposed resolution would curtail banners and did not feel the need for so sophisticated a regulation. City Manager expressed concern about the City Betting involved in attaching cables to private buildings. Councilmember Feibusch responded that it would be better to have the City properly install the connections rather than having each applicant hang his own. Reg. Mtg. September 20, 1983 Page 3 391 Council directed staff to simplify the Resolution. They want it to state the available locations, that they are limited to community events and not for political purposes, a minimum height so that a truck could pass under the banner, and a limit to the amount of time the banner can be hung. Council also agreed that the actual cable could be available in the warehouse but that the City should install the connections with the consent of the property owners. The above motion failed by the following roll call vote: AYES: Councilmember Hickey NOES: Councilmember Feibusch, Dickens, Myers, Kelley ABSENT: None At this time Mayor Kelley questioned the microphone status. City Manager stated staff is investigating the matter and that it takes time to get them from Los Angeles. 9e. Request from Supervisor Hamburg Relating to Proposed Ukiah Valley Sanitation District Reorganization Councilmembers Feibusch and Dickens opposed spending $10,000 to search the records and preferred starting with a clean slate. Councilmember Hickey thought it may be necessary. Councilmember Feibusch suggested asking the County for a Request for Proposals which would be approved by both entities. Councilmember Myers felt some kind of independent study was necessary but that it was not necessary to go back twenty-five years. Mayor Kelley noted he has a meeting with the Sanitation District next week and that he would ask them to prepare a Request for Proposals for City Council approval. 9f. Introduce Ordinance No. 821 Relating to Preservation of Victorian Homes City Attorney reviewed the proposed Ordinance No. 821 which the City could use to preclude the demolition of Victorian structures. M/S: Hickey/Feibusch to introduce Ordinance No. 821 by title only carried by a unanimous voice vote. M/S: Hickey/Feibusch to introduce 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. Councilmember Myers favored preservation of Victorian structures but was of the opinion the ordinance may infringe on personal property rights as it did not address any type of compensation to be given by the City to cover the loss incurred by the property owner. Mayor Kelley noted that if the City declared certain structures as historical, the property owners would be able to apply for State and Federal preservation grants. City Attorney clarified that the subject ordinance is a temporary preliminary measure until the Planning Commission prepares a detailed study on historical structures. The above motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Kelley NOES: Councilmember Myers ABSENT: None Reg. Mtg. September 20, 1983 Page 4 392 9g. Adoption of Ordinance No. 818 Amending Agreement for Geothermal Project No. 3 M/S: Hickey/Myers to adopt Ordinance No. 818 by title only carried by a unanimous voice vote. M/S: Hickey/Myers to adopt Ordinance No. 818, An Ordinance of the City Council of the City of Ukiah, Approving the Terms and Conditions of an Amendment to a Member Agreement Between Northern California Power Agency and Certain Participating Members, and Authorizing the Execution of and Delivery of Said Amendment by Officers of the City of Ukiah (Geothermal Project No. 3) carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Kelley NOES: Councilmember Feibusch ABSENT: None 9h. Adoption of Ordinance No. 819 Amending Calaveras Project Agreement M/S: Hickey/Myers to adopt Ordinance No. 819 by title only carried by a unanimous voice vote. M/S: Hickey/Myers to adopt Ordinance No. 819, An Ordinance of the City Council of the City of Ukiah, Approving the Terms and Conditions of an Amendment to a Member Agreement Between Northern California Power Agency and Certain Participating Members, and Authorizing the Execution of and Delivery of Said Amendment by Officers of the City of Ukiah (Calaveras) carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Kelley NOES: Councilmember Feibusch ABSENT: None 9i. Adopt Ordinance No. 820, Bed and Breakfast Establishments in R-3 Zones M/S: Hickey/Myers to adopt Ordinance No. 820 by title only carried by a unanimous voice vote. M/S: Hickey/Myers to adopt Ordinance No. 820, Ordinance of the City Council of the City of Ukiah Amending Division 9, Chapter 2 of the City of Ukiah Zoning Ordinance - Bed and Breakfast Establishments in the R-3 Zone carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None ADJOURNED at 9:05 p.m. to the Redevelopment Agency Meeting. RECONVENED: 9:20 p.m. NEW BUSINESS 10a. Matter of Noticing Procedures City Manager stated the Planning Director prepared a staff report dealing with all the noticing procedures and the City Attorney prepared a memo dealing with the noticing procedures for General Plan Amendments. Council discussion concerned the 300 foot radius, the demarcation line and those properties outside the 300 foot radius which would incur major impacts due to the changes. Mayor Kelley suggested a standard statement on each notice stating that an effort was made to notice all properties affected and asking everyone to inform their neighbors also. Council concurred and directed staff to initiate this procedure. 10b. Resolution No. 84-24 Adopting 1983 Traffic Speed Study City Manager stated in accordance with the California Vehicle Code, the City Council may establish speed zones for various streets within the City after consideration of an Engineering Survey and Traffic Investigation Report to determine reasonable and safe speeds for such streets. In order to enforce these speed zones with radar it is necessary that the study and report be Reg. Mtg. September 20, I983 Page 5 393 conducted within five years prior to any alleged violation. The most recent report was conducted in 1978. He recommended adoption of the resolution. Councilmember Dickens stated she would like to see more uniform speeds throughout the City. She was concerned with the 30MPH speed limit on Washington Ave. as an elementary school is located there. Director of Public Works responded that school areas are signed to notify drivers the speed limit is 25MPH when school is in session. M/S: Hickey/Feibusch to Adopt Resolution No. 84-24, Resolution of the City Council of the City of Ukiah Establishing Speed Zones carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey, Myers, Kelley NOES: Councilmember Dickens ABSENT: None Councilmember Dickens requested that the matter of speed limits on Washington Ave., Observatory and Helen be reconsidered at the next meeting. 10c. Resolution No. 84-23 Approving FAA Grant Agreement for Runway and Taxiwa¥ Rehabilitation Projects M/S: Hickey/Myers to adopt Resolution No. 84-23, Resolution of the City Council of the City of Ukiah Authorizing the Mayor to Sign Grant Agreement (Department of Transportation, Federal Aviation Administration, Ukiah Municipal Airport) carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10d. Resolution No. 84-24 Approving State Grant Agreement for Runway and Taxiway Rehabilitation Project M/S: Hickey/Myers to adopt Resolution No. 84-24, Resolution of the City Council of the City of Ukiah Authorizing the Mayor to Sign Grant Agreement (California Department of Transportation, Division of Aeronautics, Ukiah Municipal Airport) carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10e. Award of Contract for Airport Runway and Taxiwav Rehabilitation M/S: Hickey/Myers to award the contract to Parnum Paving, for Alternate "B" in the amount of $951,322.85 for Ukiah Municipal Airport Runway and Taxiway Rehabilitation Project carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10f. Report of Administrative Actions and Proposals (R.A.A.P.) (old 6d) Councilmember Feibusch pulled this to discuss the report from Mr. Goforth regarding the Ford Gravel extraction permit. He was concerned with water conservation and felt an EIR should be prepared. He also was concerned with the river ground water table going down. He thought an attempt should be made to reintroduce water into our ground water table to maintain our water. He was interested in a long range plan for water conservation in conjunction with the County and the water companies. M/S: Feibusch/Hickey to approve the Report of Administrative Actions and Proposals carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None MAYOR'S COMMENTS Mayor Kelley felt there was a need to study the City's rules and regulations to determine if the City is over-regulating. He also questioned whether the costs for developers were so high that homes are not affordable. Councilmembers concurred and directed the Planning Commission to conduct the study. Reg. Mtg. September 20, 1983 Page 6 394 City Manager asked for more specific direction. Mayor Kelley responded that the Uniform Building Code should be compared to the City Code to identify the differences so that they may be resolved. This comparison was referred to the Planning Commission. Planning Director pointed out that the Council approved a complete revision of the Zoning Ordinance last October and asked for more specifics. Set-backs were mentioned and staff was directed to provide the Council with documentation on the set-back portions of the Zoning Codes at the October 19th meeting. COMMENTS FROM THE AUDIENCE David A. McElroy, Spring St., Ukiah expressed regret at not being present earlier to present testimony in favor of a non-profit television studio. CITY COUNCIL REPORTS Councilmember Feibusch Questioned what effect the restripping of Gobbi Street will have on the Main Street extension. He also noted he has not received a response to his inquiry regarding the salary of Mr. Grimshaw. City Manager stated that the inquiry has been forwarded to Mr. Grimshaw. Councilmember Dickens Asked when Low Gap will be restripped. Assistant Public Works Director stated within one month. She then noted the traffic signals on Gobbi St. and State St. are often out of service. City Manager stated staff will check them. Councilmember Hickey Informed the Council that Grace Geothermal has acquired all Shell's rights in the Geysers. He questioned whether all street vendors have business licenses. City Manager responded that they are required to have them. However, the fees are waived for those vendors representing non-profit organizations. Councilmember Myers Informed the Council he attended the Chamber of Commerce meeting on 9/14/83 as the Council liaison member. The last Hometown Festival was discussed as well as the next one. Mayor Kelley On behalf of Kate Riley, he informed the Council that John Vasconcellos will be in Ukiah this coming week-end. He then stated he received a call from Mike Riley of Dan Hauser's Committee requesting approval for Dan Hauser to speak with the Council. Mayor Kelley agreed providing Mr. Hauser listen to Ukiah's problems and not vice-versa and asked the Council if they preferred Mr. Hauser to speak at a regular session or special study session. Council consensus was a special study session. Council is to provide Mayor Kelley with possible dates. ADJOURNMENT Adjourned at 10:40 p.m. to closed session at which no action was taken and which was then adjourned at 10:50 p.m. Sandra Gutierrez Deputy City Clerk Reg. Mtg. September 20, 1983 Page 7