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HomeMy WebLinkAboutmin 06-01-83332 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - JUNE 1, 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: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch. Staff present: Payne, Kruth, Harris, Tillotson, Gutierrez, Beard. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Myers gave the invocation and Mayor Feibusch led in the Pledge of Allegiance. ADDITIONS TO THE AGENDA At a request from the City Manager the matter of Millview Water District was added to the agenda as item 10m. RIGHT TO APPEAL Mayor Feibusch reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. CONSENT CALENDAR M/S: Myers/Kelley to approve Consent Calendar items 6a - 6h as follows carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None 6a. Payroll Warrants #22739-22873, $71,442.12 6b. General Warrants #22822-22900, $369,241.40 6c. Awarded bid, surfacings on City streets, to Parnum Paving in the amount of $52,318.00. 6d. Authorized Clerk to file Notice of Completion, water & sewer improvements on Main & School Streets. 6e. Authorized Clerk to file Notice of Completion, construction of Bus Garage, Senior Center. 6f. Denied claim for damages, Neda Pullins, and referred to insurance carrier. 6g. Set public hearing date, garbage rate request, 6/15/83. 6h. Approved Report of Administrative Actions & Proposals (R.A.A.P.) APPROVAL/CORRECTION OF MINUTES M/S: Kelley/Hickey to approve the minutes of 5/17/83 as submitted carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None M/S: Kelley/Hickey to approve the minutes of 5/18/83 as amended carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES None ABSENT: None PETITIONS AND COMMUNICATIONS 8a. Appeal of Traffic Engineering Committee decision to eliminate parking for right turn lane, South State (Merton Rice) Council discussion concerned the ability of vehicles such as large trucks or cars carrying trailers to maneuver turns from the right hand turn lane without interfering with northbound State Street traffic to their left. It was noted that the red curb would not cure the problem and that the area must be reviewed next year, per the TJKM Traffic Study. Assistant Director of Public Works stated left hand turn lanes will eventually be put in all along State Street. Reg. Mtg. June 1, 1983 Page 1 333 Barry Vogel, representative for the appellant, stated his client's main concern is access for his customers. Gerald Wetmore, Wetmore-Rice Engineering, stated he is a customer of Ukiah Drafting, and prefers to park in front of the business and is opposed to the proposal. M/S: Hickey/Myers to grant the appeal of Traffic Engineering Committee decision to eliminate parking for right turn lanes, South State carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None 8b. Request to Cancel Cagle Lumber Company Airport Lease Agreement (Lease #2) Brian Bell, Cagle Lumber, stated that Cagle Lumber has been a tenant of the City for 20 years and four years ago Mr. Cagle leased an additional 2~ acres from the City in order to expand his operation. He noted that Mr. Cagle paid the first years' rent in advance. He further noted the lease of the additional land coincided with the building slump, and asked Council to consider a compromise. It was his opinion that government should help businesses when possible. Councilmember Dickens suggested a settlement of $3,000 to cancel the lease plus 10% interest the money would have earned. Councilmember Kelley further suggested court costs be added to the settlement. M/S: Feibusch/Dickens to settle with Cagle Wholesale Lumber Co. in the amount of $3,300 which includes interest at the rate of 10% and payable immediately carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Feibusch NOES: Councilmember Kelley ABSENT: None PUBLIC HEARINGS 7a. Consideration of Planning Commission Action on Council Referral of Appeal of Planning Commission Decision 1) Wetmore Variance 83-55 2) Condition No. 2 of Site Development Permit 83-55 (a) Planning Director reviewed the actions of the City Council on April 6, 1983 and the Planning Commission on April 27, 1983 which led to this matter being brought before the Council again. Neither the Council nor the Planning Commission could determine findings to support the appeal. Staff recommended denial of the appeal of both the variance and site development permit, upholding the Planning Commission's original actions. PUBLIC HEARING OPENED: 7:12 p.m. Gerald Wetmore, applicant, stated he felt he was being dictated to, especially with 15 conditions added to the site development permit. He stated his findings for the variance would be the need to retain the large trees which he felt make the property unique. He noted the white house would be in the middle of the trees and not in the way of traffic. PUBLIC HEARING CLOSED: 7:17 p.m. M/S: Hickey/Kelley to grant the appeal of Planning Commission decision regarding Variance No. 83-55, findings being the need to retain the large trees, carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None M/S: Hickey/Kelley to grant the appeal of Planning Commission decision regarding Condition No. 2 of Site Development Permit 83-55(a) carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None Reg. Mtg. June 1, 1983 Page 2 334 7b. Amendment to Section 9198-2(f)ii of City Code, Off-Street Parking Requirements for Automatic Car Wash and Introduction of Ordinance No. 809 Planning Director stated that consideration of a recent Use Permit and Variance to establish a new car wash at an existing service station resulted in a review of the requirement in the code for 12 vehicle stacking spaces. Both staff and the Commission felt this parking standard was excessive for such businesses locating in this area. At their meeting of May 11, the Planning Commission considered a revision to the zoning code and found that stacking spaces for eight vehicles would be a more appropriate standard for Ukiah. Staff concurs and recommends the Code be changed. Mayor Feibusch requested a diagram of the proposed car wash that was originally reviewed, resulting in the subject ordinance amendment. Planning Director stated the ordinance amendment did not relate to a specific operation but was generic for all car washes. Staff was instructed to provide the requested diagram prior to the second reading. PUBLIC HEARING OPENED: 7:30 p.m. PUBLIC HEARING CLOSED: 7:30 p.m. as no one addressed the issue. M/S: Hickey/Myers to introduce Ordinance No. 809 by title only carried by a unanimous voice vote. M/S: Hickey/Myers to introduce Ordinance No. 809, Ordinance of the City Council of the City of Ukiah Amending Division 9, Chapter 2 of the City of Ukiah Zoning Ordinance - Off-street Parking Requirements - Retail, Commercial and Service Uses, carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers NOES: Mayor Feibusch ABSENT: None. UNFINISHED BUSINESS 9a. Matter of Appraisal of Assessor's Parcel #170-220-07 City Manager stated it was appropriate at this time for the Council to determine the value they want to set on the subject property. The property was appraised at $45,000.00. Councilmember Hickey felt the money could be better spent on the Main Street extension. Mayor Feibusch was of the opinion the property should be purchased now at $40,000.00, the amount Mr. Kennedy indicated he would be willing to sell it for, rather than wait until it is developed and the price goes up. M/S: Kelley/Myers to authorize the City Manager to appropriate $40,000.00 from the Special General Fund to purchase Assessor's Parcel #170-220-07 carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: Councilmember Hickey ABSENT: None RECESS: 7:40 p.m. RECONVENED: 7:50 p.m. NEW BUSINESS 10a. Resolution No. 83-67 Regarding Hours of Operation/Downtown Meters City Manager stated meters in municipal off-street parking facilities are set by the City Council by means of a resolution (City Code, Section 7352 "Time of Operation of Parking Meters"), and parking meters on streets are installed and limited to parking regulation by the Traffic Engineering Committee. M/S: Hickey/Kelley to adopt Resolution No. 83-67, Resolution of the City Council of the City of Ukiah Fixing Hours for Parking Meter Operation in City Reg. Mtg. June 1, 1983 Page 3 335 Parking Facilities, carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None M/S: Hickey/Kelley to instruct the City Manager to have the City street parking meters regulated from 9:00 a.m. to 5:00 p.m., Mondays thru Fridays, excluding holidays carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None. 10b. Appointment of Mayor and Vice-Mayor to be effective 6/22/83 M/S: Hickey/Myers to elect Councilmember Mike Kelley to the office of Mayor carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None M/S: Kelley/Myers to elect Councilmember Hays Hickey to the office of Vice-Mayor carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers NOES: Mayor Feibusch ABSENT: None Mayor Feibusch read the following statement into the record: "I wish the new mayor well, and I promise him my fullest cooperation where the betterment of our City is concerned. The office of mayor does not need to be only ceremonial. In the last four months I have provided active leadership. Even though I will not be the mayor any more I will continue to put my best efforts into the development of the airport-industrial park and the civic center plaza at the Yokayo School, which will reach an important milestone very soon. I will also continue the very promising initial negotiations with Rosenberg's to establish a department store in downtown Ukiah and work on traffic mitigation measures in the Las Casas-Alexander Estates area. I am of course disappointed that I am not privileged to serve my traditional term as mayor. What happened here is the best reason for letting the people select the mayor in an open election to prevent behind the scenes manipulations. I mentioned at the commissioners' dinner that the men in the Feibusch family live into their nineties. So I intend to be around for a while. I hope the city hall can stand it. As far as the office of mayor is concerned I would like to quote one of America's great military heroes, Douglas McArthur, when he left the Philippines: "I shall return!" 10c. Matter of Negative Declarations (Dickens) Councilmember Dickens stated she did not feel staff should initiate General Plan Changes. She noted that when citizens request a hearing they must pay a $50.00 fee and no revenue is received by the City when staff requests changes. She felt a preliminary approval from the City Council to staff would provide better direction for priorities and eliminate costs and wasted time. She stated the approval does not have to be formally agendized. She suggested a straw vote be used as a less formal means of determining whether the proposed General Plan changes should be pursued by staff. Planning Director expressed concern that a determination would be made by a straw vote before the matter is heard in the public hearing process. He further noted that staff has not initiated any proposed General Plan changes with the exception of those areas whose General Plan designations needed to be brought into consistency with the zoning. Councilmember Dickens summarized the discussion by stating that the matter was thrown open for discussion. She received the opinions of the other Councilmembers. In her opinion it is a good idea to discuss these matters before expending time and money. Reg. Mtg. June 1, 1983 Page 4 336 10d. Request for Change of Date, Council Study Session, 7/19/83 (Dickens) Subject date conflicts with an Institute in Sacramento which some Councilmembers had planned to attend. Therefore the Council Study Session was rescheduled to August 2, 1982 at 9:00 a.m. M/S: Hickey/Kelley to cancel the City Council meeting July 20, 1983 carried by a unanimous voice vote. 10e. Request of Ukiah Players for Property Owner Consent to Apply for Use Permit for Mobile Home on City Property Planning Director stated the Ukiah Players have a 30 year lease with the City to utilize the land where the Ukiah Playhouse was constructed with a Site Development Permit. Dressing rooms were not included in the first phase of construction. With no review or approval by Council, a mobile home was placed adjacent to the playhouse. As this was not included in the lease or the Site Development Permit, and as mobile homes are only allowed as residences, they were instructed to remove it. They have applied for a temporary use permit to allow the mobile home to remain. The only portion of the City Code (Section 9176 (e) which would allow review of a mobile home is a temporary use for up to six months, reviewed by the Planning Commission. The Ukiah Players have stated that they will require much longer since they do not know when Phase II will begin. Each application to the Planning Commission must be authorized by the property owner prior to filing. Since the City of Ukiah is the property owner, authorization by the City Council is necessary. M/S: Hickey/Kelley to grant the request to the Ukiah Players to apply for a Use Permit for a mobile home on City property carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: Councilmember Hickey ABSENT: None M/S: Myers/Kelley to have Councilmember Kelley negotiate with the Ukiah Players prior to application for the Use Permit with the following concerns in mind: 1. A time limit be set. 2. The mobile home be made into an attractive facility. 3. A condition be made that no one is to live in the facility. Carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: Councilmember Hickey ABSENT: None 10f. Request to Council for Authorization to Contract Other Participating Cities Regarding a Financial Commitment to Perform a Management Audit of NCPA (Feibusch) Mayor Feibusch expressed concern regarding the management of NCPA. He felt costs had gotten out of hand and stated he was told by some geothermal experts that questionable activities are going on. He stated six firms that deal with technical engineering had been suggested to him to perform the management audit. He further stated if the Council was interested, he would obtain a ball park figure before asking the other NCPA cities if they want to participate in such an audit. Lastly, he noted that he may even become a supporter of NCPA involvement in geothermal energy as a result of the audit. Councilmember Kelley felt it would be in the best interest of NCPA to put the matter to rest. Councilmember Myers opposed it and felt no action should be taken until after the study session. Councilmember Hickey did not feel it was necessary but was not opposed to it. He was of the opinion it will never be laid to rest as long as their is editorializing in the news coverage. Councilmember Dickens questioned how much bond indebtedness the City can afford before going bankrupt, and if the City can afford to be involved in Reg. Mtg. June 1, 1983 Page 5 337 geothermal power. She further questioned if it was a good industrial investment and what other alternatives were. M/S: Dickens/Kelley to ask staff to contact an outside source to find out what kind of bonded indebtedness the City can incur toward future investments of energy sources before they have to raise electric rates carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None 10g. Request to Consider EDA Grant Application for Improvement at Airport Industrial Park (Feibusch) Mayor Feibusch stated the Council is on record to try to provide jobs and develop the Industrial Park. He was of the opinion that the EDA application should include a road through the first phase of the proposed Industrial Park. He noted that Mr. Akerstrom, the owner of the property, has agreed to provide matching funds - approximately $400,000.00 on an off-site development. Mr. Akerstrom will match the on-site development. The Mayor pointed out that the FAA grant for clearzone acquisition requires that Hastings Rd. be relocated and was of the opinion that this was an opportunity to get the Industrial Park project off the ground. Gary Akerstrom, property owner in subject area, stated the grant funds would allow the City to provide a private access to the Corporation Yard and also provide water and electrical lines to the area. Additionally, it would improve the intersection of S. State St. and Washington. He also noted he would pay the costs to submit the application. Council questioned whether the grant could be spent on private land and whether the City would be eligible for the grant with a private investor in an area that is in a recognized redevelopment area. Pat McAllister, Chairman of the Economic Development Committee of the Greater Ukiah Chamber of Commerce, stated his committee supported the grant request. He answered the Council's questions by stating that the granting agency would determine if the City is eligible for the grant given the circumstances. M/S: Kelley/Dickens to approve the application for the EDA grant subject to the City being able to come up with matching funds carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None RECESS: 9:30 p.m. RECONVENED: 9:40 p.m. 10h. Request Approval for Bid Call for Lake Mendocino Power Project Construction Public Works Director stated the Project has reached the stage where bids for the actual construction costs need to go out. The bids will be out for 60 days and scheduled to be received on August 2, 1983. A 90-day period will follow for the award or rejection of the bids. Tudor Engineers will conduct the bidding procedure and answer all inquiries. M/S: Hickey/Kelley to approve the call for bids for Lake Mendocino Power Project for 8/2/83 carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers NOES: Mayor Feibusch ABSENT: None 10i. Request to En~a~e SAI Engineers for the Procurement Services for ll5KV Substation. Request Authorization to call for bids for Substation Equipment Public Works Director stated due to time constraints and limited staff, he recommended that SAI Engineers be engaged to conduct the bid calls. He noted that the equipment is a major portion of the cost of the ii5KV Substation, Reg. Mtg. June 1, 1983 Page 6 338 that it was important to firm the cost as well as place on order any long delivery items. M/S: Hickey/Kelley to engage SAI Engineers for the procurement services for ll5KV Substation for both options "A" and "B" and that the City Manager be authorized to enter into agreement with SAI for this work carried by the following roll call vote: AYES: Councilmembers Kelley, Hickey, Myers, Feibusch NOES: Councilmember Dickens ABSENT: None 10j. Approval of Contract with TEI Consultants, Airport Runway and Taxiway Project Public Works Director requested approval for TEI Consultants to do the design and drafting work for this project. He stated the City will do the specifications and contract documents. He also noted FAA services will be grant eligible and that this was a means of moving the project rapidly. M/S: Hickey/Kelley to approve use of TEI Consultants to prepare plans and technical specifications for the project and to authorize the City Manager to order such work as necessary on a time and material basis carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None 10k. Airport Clearzone, Approval to Purchase Additional Var~as Parcel Public Works Director stated the purchase of the additional Vargas parcel at this time would be appropriate since negotiations are in process for the initial parcel purchase, and there is agreement as to the value of the additional parcel. He noted that the City would need to purchase the additional parcel eventually, and that it would be reimbursable from grant funds. M/S: Hickey/Kelley to approve the purchase of the Vargas property located at 81-83 Norgard Lane for clear zone purposes carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None 101. Matter of Commission Appointments M/S: Dickens/Kelley to notify the members by letter that their commission terms expire June 30, 1983 thanking those who have served two full terms and requesting those eligible to serve another term to notify the City Clerk if they will serve another term carried by a unanimous voice vote. lOm. Millview Water District Request City Manager stated he has received a request from Millview Water District to provide water service and that the matter be placed on the agenda for the next Council meeting. CITY COUNCIL REPORTS Councilmember Dickens Stated MTA met and there is presently no new business. Councilmember Hickey Noted that Item 6h on the R.A.A.P. contained an excellent report on the evaluation of the Coalinga earthquake and he felt the City could use it in planning for such emergencies. ADJOURNED to Executive Session at 10:20 p.m. Sandra Gutierrez Deputy City Clerk Reg. Mtg. June 1, 1983 Page 7