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HomeMy WebLinkAboutmin 09-07-83380 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - SEPTEMBER 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, Kelley. Staff present: Payne, Rapport, Kruth, Harris, Tillotson, Johnson, Roper, Brosig, Goforth. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Myers gave the Invocation and Councilmember Hickey led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Hickey/Dickens to approve the minutes of the 8/17/83 meeting as submitted carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Kelley NOES: None ABSTAIN: Councilmember Feibusch ABSENT: None RIGHT TO APPEAL Mayor Kelley reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. INTRODUCTION OF NEW DEPARTMENT HEADS City Manager introduced new Department Heads: Maurice K. Roper, Director of Electric Utility; Robert Pedroncelli, Director of Public Works; Lee Mitchell Fire Chief. ' Mayor Kelley declared a 10 minute recess at 6:32 p.m. to greet the new department heads. Council to reconvene after recess as Redevelopment Agency. The City Council reconvened after Redevelopment Agency at 8:00 p.m. CONSENT CALENDAR M/S: Hickey/Myers to approve Consent Calendar Items as follows: 6a. Payroll Warrants, #23609-23756, $78,462.08 #0-148, $79,442.32 6b. General Warrants, #23579-23756, $933,100.56 6c. Awarded bid, power poles to McFarland Cascade in the amount of $12,544.94 6d. Set date for Sign Ordinance public hearing, 9/20/83 6e. Approved Resolution No. 84-16 fixing limitation on City expenditures for fiscal year 1983-84 6f. Awarded bid, used truck, to Mayer Equipment Co. in the amount of $44,700. 6g. Approved Report of Administrative Actions & Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None PUBLIC HEARINGS 7a. Applicant Appeal of Planning Commission Denial Variance Appl. 83-93 Nicolas Castillo Planning Director stated staff could find no basis for findings and recommended that the Council uphold the Planning Commission's denial of the variance. He answered questions put by Councilmembers regarding various setbacks showing how the eight units requested by applicant could not be approved under the Code as 7.5 units was the maximum allowed in subject area. City Council Minutes September 7, 1983 Page I 381 PUBLIC HEARING OPENED Mr. Barry Vogel, 280 No. Oak Street, attorney for applicant, pointed out good features of the project and stressed it would not be economically feasible if the eight units were not allowed. Mrs. Pearl Castillo, 627 Ellen Lynn, Redwood Valley reviewed contact she had with City of Ukiah Planning Department stating 7.5 units was known to be the maximum allowed however when told a variance would be required for eight units her impression was that there would be a possibility of getting it approved. Mrs. Castillo stated 7 units would not be economically feasible. PUBLIC HEARING CLOSED M/S: Myers/Hickey: to refer appeal to staff to work with applicant's attorney to determine findings failed by the following roll call vote: AYES: Councilmembers Hickey, Myers: NOES: Councilmembers Feibusch, Dickens, Kelley ABSENT: None M/S: Feibusch/Myers: to grant appeal. Discussion followed between City Attorney and Council regarding proper findings and role of Council in this regard. Mr. Nicolas Castillo, 627 Ellen Lynn, Redwood Valley stated the expense for fire hydrants for seven units could not be met but would be economically feasible if eight units were approved. He stated one unit might be replanned to bring the project within code. Mayor Kelley asked if he wished to withdraw appeal and applicant's attorney asked for continuance. The above motion was withdrawn with consent of the second. M/S: Feibusch/Myers: to continue public hearing to September 20, 1983 carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 7b. Adoption of Resolution No. 84-17 approving General Plan Amendment I983-B Land Use Change, Orchard Avenue Extension South Documentation Changes, Communities Facilities Element Sanitary Land Fill Site Planning Director reviewed Resolution No. 84-17 and recommended that Council find the Negative Declaration adequate and complete and adoption of resolution approving General Plan Amendment 1983-B. M/S: Feibusch/Dickens: that item 7b be split into two General Plan amendments so that each could be considered separately carried by a unanimous voice vote. PUBLIC HEARING OPENED Pete Passoff, 155 Debra Court stated he was not noticed on this matter and asked about noticing procedure. He further stated he was not in favor of 24 units per acre as the neighborhood was already too heavy in traffic use. He then asked who would bear burden of cost of Orchard Street south from Gobbi Street to the north end of the developers property - the taxpayer or developer? Olaf Gross, the developer, stated he intended to provide decent living for others and feels since the Gobbi St. & Orchard Ave. intersection already has heavy traffic flow, that the extension south of Orchard and a signal at the intersection will greatly help the neighborhood. Wilma Williams, 3 Betty Street spoke and stated her objection related to the way the subject area floods each year and high density would create more City Council Minutes September 7, 1983 Page 2 382 problems. She asked if taxpayers will have to pay for additional drainage? She was not opposed to the apartments but wanted the City to look at the drainage problems now, not later and did not want water or traffic dumped into the Lorraine, Marlene and Betty Street area. PUBLIC HEARING CLOSED M/S: Feibusch/Hickey: to find negative declaration on Orchard Avenue South insufficient and not complete carried by following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley. NOES: None ABSENT: None Councilmember Feibusch stated he has walked area and could not find where it will support high density. Councilmember Dickens stated she has walked and polled neighbors in area and found that they are not opposed to apartments in this area but do want: 1 Bad traffic flow solved. 2. A park - nearest one is across freeway or across State St. 3. Better drainage. City Manager asked the Planning Director if approval of the General Plan change would prohibit the City from having an Environmental Impact Report done on any development requiring those very items as mitigation measures. Discussion followed between the Mayor and Planning Director and it was decided that the City would not be precluding option of requiring EIR. Specific details regarding drainage are handled at project stage and impacts would be decided at a later date. Also if an EIR was required the cost would be born by developer. M/S: Feibusch/Myers: to find the Negative Declaration on the community facilities element phase adequate carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley. NOES: None. ABSENT: None M/S: Feibusch/Myers: to adopt Resolution No. 84-17, but only the portion dealing with the Community Facilities Element, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Myers, Kelley. NOES: Councilmember Hickey. Mayor Kelley requested the City Attorney to study pros and cons of changing noticing procedures for General Plan Amendments to the same procedures used for noticing zone changes, and that this item be included on the September 20, 1983 agenda. 7c. Introduction of Ordinance No. 817 Amending UMC Pertaining to Bed and Breakfast in R-3 Zone Planning Director recommended that the Council introduce this ordinance to the list of permitted uses in the R-3 zone. Bed and Breakfast is considered a Motel or Hotel and is therefore already allowed in Commercial zone. PUBLIC HEARING OPENED PUBLIC HEARING CLOSED as no one addressed the issue M/S: Hickey/Myers: to introduce Ordinance No. 187 by title only carried by a unanimous voice vote. M/S: Hickey/Myers to introduce Ordinance No 817, Zoning Ordinance Amendment - "Bed and Breakfast" Establishments, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley. NOES: None ABSENT: None City Council Minutes September 7, 1983 Page 3 383 Mayor Kelley asked the audience which items they came to address and elected to cover only those items for consideration before going on to remainder of items. 9a. Matter of NCPA Headquarters Building, Roseville City Manager introduced Mr. Jim Whalen from NCPA, 150 Hillwood Dr., Folsom, California who handed out a text and memo to Councilmembers and gave his presentation. He also responded to questions about headquarters building and economic feasibility. NCPA has now decided it would be better to build an office building rather than continue renting. NCPA would rent out 2/3 of the space of the new building. Mr. Whalen answered questions from Councilmembers showing that Roseville is a fast growing community and renting out space would not be difficult. Council asked that a study of vacancy rate and prospective tenants be made. Mr. Whalen said he would do that and noted a time limit for action would be 30 to 60 days before selling Bonds in the last of November I983. No action taken. information. Mr. Whalen to return in one month with additional 9e. Resolution No. 84-9, Variance Findings, Madden, Clara Ave. City Manager stated the first time this matter was before the City Council it was approved and referred to City Attorney for findings, which he presented at the next meeting and the variance was denied by a two to two vote tie. It was then reagendised for this meeting. City Attorney suggested this be continued to next Council meeting after he has met with Madden attorney who has stated he can show cause for findings. M/S: Feibusch/Myers: to continue to next meeting carried by a unanimous voice vote. 9g. 1. 2. Resolution No. 84-18 Approving Issuance of Revenue Bonds Resolution No. 84-19 Selling $18,000,000 Revenue Bonds and Fixing Interest Rates M/S: Hickey/Myers: to adopt Resolution No. 84-18, a Resolution Approving the Issuance of Revenue Bonds, carried by the following roll call vote. AYES: Councilmembers Dickens, Hickey, Myers, Kelley. NOES: Councilmember Feibusch ABSENT: None City Manager introduced Mr. Bob Powell who read the results of bids received for Revenue Bonds for the Lake Mendocino Project. Net Interest Rate 1. Payne, Webber, Jackson and Curtis 10.477% 2. Solomon Brothers 10.49 % 3. Merrill Lynch 10.63 % M/S: Hickey/Myers: to award bid to Payne, Webber, Jackson and Curtis at a net interest rate of 10.477% carried by following roll call vote. AYES: Councilmembers Dickens, Hickey, Myers, Kelley. NOES: Councilmember Feibusch. ABSENT: None M/S: Hickey/Myers: to adopt Resolution No. 84-19, a Resolution of the City Council of the City of Ukiah selling $18,000,000 Principal Amount of City of Ukiah Revenue Bonds, Series A, and Fixing the Definitive Rates of Interest Thereon, carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Kelley NOES: Councilmember Feibusch ABSENT: None City Council Minutes September 7, 1983 Page 4 384 9h. Award of Contract, Lake Mendocino Power Project M/S: Hickey/Myers: to award the contract to Underground Construction Co. in the amount of $7,334,327 carried by following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Kelley. NOES: Councilmember Feibusch ABSENT: None 9i. Authorize City Manager to Execute Agreement with Tudor Engineers for Lake Mendocino Power Project M/S: Hickey/Myers: to authorize the City Manager to execute Work Order No. 15 with Tudor Engineers carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Kelley. NOES: Councilmember Feibusch. ABSENT: None 9m. Matter of Four Lanes on Gobbi Street Public Works Director presented information and recommended Council set a public hearing date to hear Traffic Committee and public input. Mrs. Jean McCoy, Skyranch Christmas Sales, 490 East Gobbi St., stated if work begins now they will not have parking spaces available when open for business on October 5th. M/S: Hickey/Myers: to schedule a public hearing October 5, 1983 carried by a unanimous voice vote. RECESS: 10:03 p.m. RECONVENED: 10:14 p.m. 10a. Resolution No. 84-20 Approving Final Map, Las Casas Unit 1, Phase A Planning Director recommended that the City Council approve the final map for Las Casas Unit I, Phase A. Bobby Kennedy, P.O. Box 306, Hopland, stated he would pay the fees under protest but requested that subject matter be continued to October 5th so that he could discuss in detail the fees imposed by the City and express his objections at that time. City Council concurred. M/S: Feibusch/Hickey: to adopt Resolution No. 84-20, Resolution of the City Council of the City of Ukiah Approving Final Map for Las Casas, Unit One, Phase A, carried by following roll call vote. AYES: Councilmembers Feibusch, Hickey, Myers, Kelley. NOES: Councilmember Dickens ABSENT: None 8a. Applicant Appeal of Conditions of Planning Commission Approval of Use Permit 84-2, Merlin Sawyers Mayor asked if this request has been withdrawn. Planning Director stated the applicant has not withdrawn it and recommended Council defer item to the September 20, 1983 meeting and that the applicant will be notified. Council agreed to defer this matter to the 9/20/83 meeting by unanimous voice vote. 9b. Report by City Attorney Regarding Preservation of Victorian Homes Discussion by Council raised the following questions: 1. Would moratorium allow destruction inside but not outside homes? 2. Can permission to destruct be allowed under certain circumstances? 3. How can these structures be defined? 4. Should a temporary policy be inacted now? M/S: Feibusch/Hickey: that the City Attorney prepare an ordinance relating to preservation of Victorian homes carried by a majority voice vote with CouncilmemberMyers voting in opposition. City Council Minutes September 7, 1983 Page 5 CliO0011 9c. Adoption of Ordinance No. 815, Authorizing Approval of Transmission Project (Third Phase Agreement) M/S: Hickey/Myers: to adopt Ordinance No. 815, An Ordinance of the City Council of the City of Ukiah, California, Approving the Terms and Conditions of a Member Agreement Between Northern California Power Agency and Certain Participating Members and Authorizing the Execution of and Delivery of Said Agreement by Officers of the City of Ukiah (Geothermal Project No. 3), carried by following roll call vote. AYES: Councilmembers Dickens, Hickey, Myers, Kelley. NOES: Councilmember Feibusch ABSENT: None 385 9d. Adoption of Ordinance No. 816, Authorizing Approval of Transmission Project (Transmission Project No. 1) M/S: Hickey/Myers: to adopt Ordinance No. 816, An Ordinance of the City Council of the City of Ukiah, California, Approving the Terms and Conditions of a Member Agreement Between Northern California Power Agency and Certain Participating Members and Authorizing the Execution of and Delivery of Said Agreement by Officers of the City of Ukiah (Transmission Project No. 1), carried by following roll call vote. AYES: Councilmembers Dickens, Hickey, Myers, Kelley. NOES: Councilmember Feibusch ABSENT: None 9f. Matter of Parking Time Limit Change M/S: Hickey/Myers: to continue parking time limit change to next meeting carried by a unanimous voice vote. 9j. Award of Bid, Purchase of Equipment Gobbi Street Substation M/S: Hickey/Myers: to authorize the purchase of the major equipment for the City's ll5kv Substation items No. S-1 thru S-8 per SAI's recommendation in the total amount of $717,243 plus tax carried by following roll call vote: AYES: Councilmember Feibusch, Dickens, Hickey, Myers, Kelley. NOES: None ABSENT: None 9k. Approval for Construction and Engineering Services for 115 K.V. Substation M/S: Hickey/Myers: to authorize the approval of the proposal by SAI Engineers in the amount of $21,016.00 with an additional $4,000.00 for per diem and travel expenses for a total of $25,016.00, carried by following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley. NOES: None ABSENT: None 91. Request from Ukiah Valley Sanitation District Regarding Cost Sharing for District Study Council had previously indicated a willingness to dissolve the District. Concerns were that present and future costs are fair to the people the District represents. The letter from Supervisor Hamburg was discussed in which he requested an outside, independent study. Council asked that a committee of three Councilmembers, and District 1 and 2 Supervisors meet to present findings. Suggestion carried by a unanimous voice vote voice vote. 9n. Authorization for City Manager to Sign Agreement for Negotiating Services with McDonough, Holland and Allen Regarding Cable T.V. M/S: Hickey/Myers: to authorize City Manager to execute the agreement with McDonough, Holland and Allen for consulting and negotiating services regarding Cable T.V. renewal franchise discussions; to approve Group W's payment into the joint refranchising fund held by the County carried by following roll call vote. AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley. NOES: None. ABSENT: None 10b. Proposed Policy Resolution Prohibiting Banners Across Public Streets Resolution was proposed because City may be responsible for damages resulting from banners. Council was of the opinion banners should be allowed and directed staff to prepare a resolution for the next meeting to allow same with certain restrictions. City Council Minutes September 7, 1983 Page 6 386 10c. Introduction of Ordinance No. 818 Amending Agreement for Geothermal Project III M/S: Hickey/Myers: to introduce Ordinance No. 818 by title only carried by a unanimous voice vote. M/S; Hickey/Myers: to introduce Ordinance No. 818, 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, carried by following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Kelley. NOES: Councilmember Feibusch ABSENT: None 10d. Introduction of Ordinance No. 819 Amending Calaveras Pro~ect Agreement M/S: Hickey/Myers: to introduce Ordinance No. 819 by title only carried by a unanimous voice vote. M/S: Hickey/Myers: to introduce 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, carried by following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers. NOES: Councilmembers Feibusch, Kelley ABSENT: None 10e. Introduction and Adoption of Emergency Ordinance No. 820 Department Heads/Civil Service M/S: Hickey/Feibusch: to introduce emergency Ordinance No. 820 by title only carried by a unanimous voice vote. M/S: Hickey/Feibusch: to adopt Ordinance 820, Ordinance of the City Council of the City of Ukiah Amending Division 1, Chapter 5, Article 1 of the Ukiah City Code - Civil Service, carried by following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10f. City Attorney Report Regarding Ballot Measure "D" From June 1982 election City Attorney reported this measure was self-enforcing and subsequent action was not necessary. 10g. Matter of Processing Approvals for Businesses with Live Music (Kelley) Mayor Kelley requested Council refer this problem to Planning Commission for format to control problem of loud music before future problems arise. M/S: Hickey/Myers: to request Planning Commission to prepare control measures for Council approval carried by a unanimous voice vote. 10h. Resolution No. 84-24 Authorizing Mayor and Clerk to Sign Agreement Between WAPA and City of Ukiah and Authorizing City Manager to Sign Exhibit "B" M/S: Hickey/Myers: to adopt Resolution No. 84-24, Resolution of the City Council of the City of Ukiah Approving Amendatory Agreement for Cogeneration and Renewable Resource Project, carried by following roll call vote. AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley. NOES: None ABSENT: None City Council Minutes September 7, 1983 Page 7 387 COMMENTS FROM THE AUDIENCE Director of Public Works, Alfred S. Kruth spoke on his retirement. He thanked the Council of the City of Ukiah for many pleasant years of working for the City and raising his family. He looks forward to other things now but will be staying in this area. COMMENTS FROM COUNCIL Councilmember Feibusch Showed how City of Ukiah legal ads had lots of duplication and that they could be easily condensed the same as County of Mendocino legal ads. He requested City Manager to survey this matter. Councilmember Dickens Council request staff review use of logo-type signs. Request concurred by voice vote'. MaTor Kelle7 Declared CLEAR AIR WEEK the last week of September 24 to September 30, 1983. Declared the month of October as SUN HOUSE MONTH. Said he had received a letter from Sheri Whitehead from "Welcome Wagon" requesting letter from him welcoming newcomers to town. Council was in favor of letter but asked City Attorney for any legal reasons why this could not be done. ADJOURNMENT Adjourned at 11:48 p.m. to a closed session at which the following action was taken: M/S: Hickey/Myers to authorize the City Attorney to settle the E.M.R.I. claim for an amount of $7500.00 carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None Adjourned at 12:45 a.m. to Tuesday, September 20, 1983. Sandra Gutierrez Deputy City Clerk City Council Minutel September 7, 1983 Page 8