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HomeMy WebLinkAboutmin 05-04-83315 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - MAY 4, 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, Myers, Feibusch Absent: Councilmember Hickey Staff present: Kruth, Orchard, Harris, Tillotson, Gutierrez, Roper, Beard, Francois. City Manager was absent. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Dickens gave the invocation and Councilmember Kelley led in the Pledge of Allegiance. THANKS EXTENDED Mayor Feibusch thanked Councilmembers Dickens and Kelley for their work in sponsoring the Spinning and Weaving Convention. PETITIONS AND COMMUNICATIONS 8b. Appeal of Traffic Engineering Committee Decision to Eliminate Parking for Right Turn Lane, S. State Street (Merton Rice) At the request of Barry Vogel, representative for Merton Rice, item 8b was continued to the meeting of June 1, 1983. APPROVAL/CORRECTION OF MINUTES M/S: Myers/Kelley to approve the minutes of 4/20/83 as submitted carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey M/S: Myers/Dickens to approve the minutes of 4/26/83 as submitted carried by the following roll call vote: AYES: Councilmembers Dickens, Myers, Feibusch NOES: None ABSTAIN: Councilmember Kelley ABSENT: Councilmember Hickey RIGHT TO APPEAL PROCESS Mayor Feibusch reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. CONSENT CALENDAR Mayor Feibusch requested that item 6b be pulled and considered as item 10e. M/S: Myers/Kelley to approve Consent Calendar Items 6a and 6c as follows carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey 6a. Payroll Warrants #22464-22601, $83,932.41 6c. Approved Report of Administrative Actions and Proposals (R.A.A.P.) PETITIONS AND COMMUNICATIONS 8a. Request from Ukiah Solid Waste to be put on agenda Jerry Ward, Ukiah Solid Waste, stated two purposes for their request: 1) To answer any questions regarding their audit report of 3/24/83. 2) To request City Council approval for Ukiah Solid Waste to meet with City Staff and their auditor, Emmett Jones, to negotiate rate increases which staff could then recommend to the City Council for approval. Council granted approval for above negotiations. Reg. Mtg. 5/4/83 Page 1 316 UNFINISHED BUSINESS 9a. Resolution No. 83-56 approving Emergency Procedure Agreement M/S: Myers/Kelley to adopt Resolution No. 83-56, Resolution of the City Council of the City of Ukiah Adopting a Mutual Aid Agreement Plan Between the City of Ukiah and the Jurisdictions of and Within the Counties of Mendocino, Lake, Sonoma and Marin in Coordination With the Redwood Empire Chapter of the International Conference of Building Officials, carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey 9b. Matter of Airport Traffic Information - Requested by Councilmember Myers to be discussed later 9c. Adoption of Ordinance No. 806 Pertaining to Definition of Sign Area M/S: Myers/Kelley to adopt Ordinance No. 806 by title only carried by a unanimous voice vote. M/S: Myers/Kelley to adopt Ordinance No. 806, Ordinance of the City Council of the City of Ukiah Amending Section 3200.05 of Article 1, Chapter 7 - Area of a Sign, carried by the following roll call vote: Councilmembers Kelley, Dickens, Myers NOES: Mayor Feibusch ABSENT: Councilmember Hickey 9d. Report re Board of Supervisors Action Concerning Traffic and Westside Annexation Stratesy (Feibusch) Mayor Feibusch reported that he learned from his appearance before the County Board of Supervisors that they do not want to participate in traffic mitigation. They advised the City of Ukiah to annex the subject area, which is revenue producing, and resolve the traffic problem without County aid. He noted that residents of the area whom he has spoken with favor annexation. Council instructed City Manager to initiate annexation procedures. He then informed the Council he received a request from Bobby Kennedy to personally negotiate with him regarding the Las Casas traffic mitigation. Upon receiving an approval from the City Manager they met and he stated he would present Mr. Kennedy's proposal in executive session. Councilmember Myers stated that his intent in voting for the Resolution was to maintain the spirit of negotiation between the two bodies and in no way was meant to infer that they have not cooperated with the City. PUBLIC HEARINGS 7a. Continuation of General Plan Amendment 1983-A Proposed Land Use Changes 1) N. Oak, Henry to Gibson Creek, Office Commercial to Medium Low Density Residential 2) Bush & Low Gap, N.E. Medium High Density Residential to High Density Residential Councilmember Myers noted that one resolution for both items would circumvent his voting on the item with which he did not have a conflict of interest. City Attorney stated two resolutions could be adopted at this meeting with the same context. Councilmember Myers absented himself from the Chambers at 7:02 p.m. Bush & Low Gap, N.E. Planning Director noted that the Negative Declaration of Environmental Impact was prepared reflecting Commission action and staff recommendation. He then responded to Council's questions regarding zoning and General Plan designation of subject area in March 1979. The General Plan, adopted in 1974 designated the area Medium Low Density Residential. The 1981 General Plan Amendment redesignated the area Medium High Density Residential. The matter was Reg. Mtg. 5/4/83 Page 2 317 considered in 1982 because of inconsistency between General Plan designation and general zoning. The designation remained Medium High Density Residential. However, the zoning has been R-3, General Multiple Residential since 1964. Thus, in March 1979, the property was classified Medium Low Density Residential on the General Plan and zoned R-3, General Multiple Residential. Councilmember Dickens questioned the three yearly amendments and suggested a number of alternate possibilities. Mayor Feibusch stated that action would need to be legislated. PUBLIC HEARING CONTINUED FROM LAST MEETING Carrol Ornbaum, representative for subject property owner, reiterated that Mr. Stornetta has been paying taxes on the property as R-3 and felt it would be unfair to change the General Plan Designation at this point. PUBLIC HEARING CLOSED: 7:15 p.m. M/S: Kelley/Dickens to adopt the General Plan Amendment 1983-A. Mayor Feibusch read into the record a petition from residents of the subject area urging the Council not to increase the General Plan Density. Planning Director noted that the Negative Declaration needed to be adopted prior to voting on the General Plan Amendments. The above motion was withdrawn with consent of the second. M/S: Kelley/Dickens to adopt the Negative Declaration. Council discussed the Negative Declaration. There was much confusion as to what procedures would be followed in the event it was not adopted. City Attorney stated all actions would be dead as far as the General Plan. While the aforementioned motion was on the floor, Councilmember Dickens made a motion to not make any General Plan Amendments until the time for the 1983 General Plan Review, which died for a lack of a second. Further confusion ensued regarding the Negative Declaration. While the above motion was on the floor, Councilmember Dickens moved that the use of Negative Declarations be addressed as item 10f. City Attorney advised waiting for Councilmember Myers to return before voting on it. Motion died for lack of a second. The above motion to adopt the Negative Declaration was withdrawn with consent of the second. Council instructed staff to prepare two Negative Declarations, one for each General Plan Amendment and two separate resolutions. The revised Negative Declaration for Bush and Low Gap, N.E. is be modified to read that no General Plan change is proposed and therefore there will be no negative impacts on the area. Councilmember Myers returned at 7:55 p.m. N. Oak, Henry to Gibson Creek PUBLIC HEARING OPENED: 7:55 Rod Coots, 427 N. Oak, opposed the General Plan Amendment. He suggested a committee of representatives of the residents, staff and Council to review the proposed ordinance he presented at the last meeting, which would implement an Office Commercial Zone. Mayor Feibusch suggested that the ordinance should preserve the historic character of the subject neighborhood as well other such neighborhoods. Reg. Mtg. 5/4/83 Page 3 318 Betty Hook, 417 N. Oak also opposed the General Plan Amendment and stated she would like to participate on the committee. Mayor Feibusch appointed Councilmember Dickens as the Council representative to subject committee. PUBLIC HEARING CLOSED: 8:05 p.m. Council concurred to leave the subject area designated in the General Plan as Office Commercial and to form a committee to review the proposed ordinance which would preserve historic structures. Staff will modify the Negative Declaration and resolution to reflect these changes. RECESS: 8:08 p.m. RECONVENED: 8:18 Planning Director stated the aforementioned proposed ordinance would be ready for Council review by July 20, 1983. 7b. Continuation of Matter of Mendocino County Solid Waste Management Plan Public Works Director informed the Council the information the County was to provide is not ready. M/S: Kelley/Myers to continue the matter until the necessary information is received from the County carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey. No one was in the audience to address the issue. 7c. Appeal of Variance Application No. 83-63, Ted Mitchell, 1083 W. Standley Rear Yard Setback Requirement Planning Director stated on April 13th the Planning Commission considered and denied both a variance from the rearyard setback and an exemption from the roofing materials required of the Code for structures at subject property. He noted that the applicant constructed a 280 square foot carport addition to an existing garage with 70 square feet of that addition within the rearyard setback. The rearyard requirement in the R-I zone is 15 feet. He further noted the applicant used a fiberglass roofing material which is not allowed in the City Code. The Planning Commission denied the variance on the basis that they could not determine findings to support it and denied the exemption of the fiberglass roofing material as they felt it inappropriate. The Code states shake, rock, tar or tile are allowed. Fiberglass is allowed on patio covers. The Commission suggested an alternative would be to move the facility seven feet forward. PUBLIC HEARING OPENED: 8:25 p.m. Ted Mitchell, 1083 W. Standley stated he was not aware he was in violation of the Code until notified by the Building Official. He noted it would be cost prohibitive to move the structure forward seven feet. He felt discriminated against as others in the neighborhood have similar structures. PUBLIC HEARING CLOSED: 8:30 p.m. Councilmember Dickens felt that policies need to be set and followed in order to be consistent and therefore opposed the structure. Mayor Feibusch was of the opinion that the Council would be knit-picking in not granting the appeal. Councilmember Dickens suggested the applicant call the structure a patio instead of a carport, thereby eliminating the need for an exemption to the roofing material. Reg. Mtg. 5/4/83 Page 4 319 Councilmember Myers felt that due to the astronomical cost of land, that the citizens should be allowed some freedom as long as it is not detrimental to the health and safety of other people living there. He cautioned against being too bureaucratic. M/S Kelley/Myers to grant the appeal of Variance No. 83-63, with findings that there are three residences on one parcel of property which creates a unique situation carried by the following roll call vote: AYES: Councilmembers Kelley, Myers, Feibusch NOES: Councilmember Dickens ABSENT: Councilmember Hickey. 7d. Matter of Amending Zoning Ordinance Re Keeping Fowl Within City Limits Planning Director stated on April 13, 1983 the Planning Commission considered an ordinance for the keeping of chickens and other types of animals in the City with specific criteria. The ordinance deletes current provisions for fowl and swine within the City limits and replaces them with statues in the zoning portion of the code. It also addresses where other animals may be maintained. Staff believes the ordinance provides the necessary guidelines and assurances to allow people the opportunity for a limited number of chickens, rabbits and bees in the backyard while providing safeguards for the adjacent property owners. The Commission and staff were concerned about the bees, but feel that unwarranted situations can be eliminated through the use permit process. M/S: Kelley/Dickens to introduce Ordinance No. 807 by title only carried by a unanimous voice vote. M/S: Kelley/Dickens to introduce Ordinance No. 807, Ordinance of the City Council of the City of Ukiah Deleting Division 5, Chapter 1, Article 1 and Adding Section 9182 to Article 16, Chapter 2, Division 9 of the City of Ukiah Code (Keeping Fowl and Other Animals in the City), carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey. UNFINISHED BUSINESS - (Continued) 9b. Matter of Airport Traffic Information Acting City Manager stated the engineering estimate of cost to widen the ramp leading to the hangar area is $2,607. He noted that this work was not included in the budget as all the airport funds were committed to the runway and taxiway. However, the Airport Commission felt the ramp was a possible safety hazard and he recommended further studies be conducted prior to approval of the request, and that the matter be further discussed during budget hearings. Bob DeVinny, flight instructor, Gordon Air Service, stated that there is a blind turn on the ramp. He noted that although the pilots are cautious, a danger exists. He believed $2600 was a minimal price if it could relieve the City of possible liabilities and provide safer conditions at the airport. Jim Aggi, Airport Commission Chairman, stated that the T hangars have doubled the use of the Taxiway and he felt it was of prime importance to widen the ramp. M/S: Kelley/Dickens to give high priority during budget hearings to widening the ramp leading to the hangar area carried by a unanimous voice vote. NEW BUSINESS 10a. Matter of Full/Part Time City Attorney Council concurred that a full time attorney was not necessary. Personnel Officer was instructed to recruit for a part time City Attorney from Reg. Mtg. 5/4/83 Page 5 32O Mendocino, Sonoma, Lake and Marin Counties, stating the existing salary and requesting proposals to accompany resumes. Council reviewed the City Attorney job description and made changes as they saw fit. 10b. Report on Changing Signs Downtown to Notify Citizens of Saturday Non-Enforcement of Parking Meter Limits Acting City Manager stated the Director of Finance requested this matter be continued to the next meeting. 10c. Matter of NCPA Agreement for Financing of Planning & Licensing Activities for Construction of Geysers Transmission Facilities Public Works Director recommended a brief discussion at this meeting to identify any questions or concerns Council felt needed to be addressed, and stated staff would provide that information at a subsequent time. Council will submit questions in writing to the City Manager. The matter was continued to the next meeting. 10d. Resolution No. 83-57, in Support of Economic Development & Job Creation (Feibusch) Mayor Feibusch stated he was asked by the Employer's Council for a resolution in support of job creation. M/S: Kelley/Myers to adopt Resolution NO. 83-47, Resolution of the City Council of the City of Ukiah in Support of Economic Development and Job Creation carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey. Gary Nix, president of the Greater Ukiah Chamber of Commerce, thanked the Council for the spirit of the resolution and noted the Chamber will help in any way possible. 10e. General Warrants (former 6b) Mayor Feibusch questioned General Warrant No. 22580 for Court Case #44369. City Attorney stated the case dealt with encroachment by a laundromat of City property in which the sidewalk was determined to be the boundary and the City was penalized. The Mayor then questioned General Warrant Nos. 22586, 22587 and 22588 for travel advances as they came out of the contractual account and he noted the Electric Budget does not have 160 (contractual) account. Acting City Manager stated the Electric Budget is set up as all the others and 160 is a sub account. He then questioned why the funds for General Warrant No. 22633 came out of the Council and City Manager's budgets instead of the Electric Departments'. Acting City Manager stated he would look into the matter. M/S: Kelley/Myers to approve Consent Calendar item 6b, General Warrants #22573-22663, $I94,003.74 carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey. COMMENTS FROM AUDIENCE Bill Linsteadt, Mendocino County Employer's Council representative, thanked the Council for their 100% support of Resolution No. 83-57. He referred to the Southern Pacific closure of the Eureka to Willits line and felt everyone should wholeheartedly fight it. He noted the closure of that line would also end the Skunk Railroad. He asked the Council to write letters to all State Reg. Mtg. 5/4/83 Page 6 321 legislators, political agencies and bodies, and to the Governor in direct protest. Staff was instructed to prepare the letters on behalf of the Mayor. CITY COUNCIL REPORTS Councilmember Kelley Reported that MCOG brought up the matter of discontinuing the Jitney service in Ukiah, but noted it died by a three to three vote. They decided to let the Jitney run for another six months and re-evaluate it at that time. Councilmember Dickens Reported that MTA's highest priority was Ukiah's taxi service and their lowest was the Jitney service. She noted although the Jitney has a high ridership it is a loosing proposition. The college will support it in the fall. She instructed the staff to inform the Council on Negative Declarations and how many times they are used. She asked to put this item on the agenda for the first meeting in June. CouncilmemberMyers Questioned the status of the National Guard as he heard there were some problems. Acting City Manager stated he will respond in a memo. Mayor Feibusch Stated he was to attend the Yokayo District of Boy Scouts "Scout 0 Rama" and had a conflict of interest. Vice Mayor Kelley will attend in his place. He informed the Council of the Redwood Empire Division of League of California Cities meeting May 14th and 15th in Clearlake. Councilmember Myers encouraged all Councilmembers to attend. He noted he received a mailgram from the League of California Cities extending congratulations on the failure of compulsory and binding arbitration. ADJOURNED at 10:55 to executive session. Reg. Mtg. 5/4/83 Page 7