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HomeMy WebLinkAboutmin 04-06-83293 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - APRIL 6, 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. Absent: None Staff present: Payne, Orchard, Kruth, Harris, Tillotson, Gutierrez, Brosig. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Feibusch gave the invocation and Councilmember Dickens led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Myers/Kelley to approve the minutes as amended carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: None ABSTAIN: Councilmember Hickey RIGHT TO APPEAL PROCESS Mayor Feibusch reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. ADDITION TO AGENDA City Manager referred to the resolution for possible adoption urging Cal Trans to repair Highway 20. Council agreed by a unanimous voice vote to add this to the agenda as item 10g. CONSENT CALENDAR Councilmember Kelley requested items 6g and 6h be pulled and Mayor Feibusch requested items 6c, 6d and 6f be pulled. M/S: Myers/Kelley to approve Consent Calendar items 6a, 6b, 6e and 6i as follows carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None 6a. Payroll Warrants #22051-22324, $146,527.57 6b. General Warrants #22322-22426, $531,036.57 6e. Approved bid award, cedar poles to McFarland Cascade Co. in the amount of $5,997.50. 6i. Approved Report of Administrative Actions & Proposals (R.A.A.P.) Council agreed to discuss item 6h at this time. 6h. Resolution Authorizing City to Deposit Money in State Investment Fund Director of Finance explained the investment program of the State of California which is managed by the State Treasurer's office. He noted the advantages to the City are that there is no maximum or minimum deposit, the deposits are insured, the City's return can be enhanced by investing in this and the present interest rates are higher than those of savings and loan institutions. City Manager noted another advantage is that when large payments are due the money is readily available. Finance Director added that 3/4 of the cities in the State participate in this investment program. Councilmembers Kelley and Feibusch expressed concern about taking money out of the community and favored keeping it in local banks. M/S: Hickey/Myers to adopt Resolution No. 83-52, Authorizing Investment of City of Ukiah Monies in Local Agency Investment Fund carried by the following Reg. Mtg. April 6, 1983 Page 1 294 roll call vote: AYES: Councilmembers Dickens, Hickey, Myers Councilmembers Kelley, Feibusch ABSENT: None NOES: PETITIONS & COMMUNICATIONS 8a. Presentation by Survey Committee on Economic Issues & Priorities Pat McAllister, Chairman for the Survey Committee on Economic Issues and Priorities, reviewed and explained the economic survey recently conducted. He noted an overwhelming positive response to economic development, particularly in the areas of light manufacturing, information processing, recreation and tourism. He further noted the survey indicated the public feels government should be responsive to the needs of business and that creation of jobs was a top priority. PUBLIC HEARINGS - 7:00 p.m. 7a. Appeal of Plannin$ Commission decision filed by Gerald A. Wetmore, Variance No. 83-55 & Condition No. 2 of Site Development Permit No. 83-55a Planning Director stated the Planning Commission considered and denied a variance which would have allowed encroachment into the rear yard setback at 1364 S. State Street. The applicant proposed to construct a 4,800 sq. ft. wareh6use building at the rear of the parcel, and requested a variance of the rear yard setback from 15 to 5 feet. The zoning ordinance requires a 15 foot setback for commercial zones abutting R-1 zones. The property to the west is zoned R-i, Single Family Residential, and was redesignated as such during last year's General Plan Amendment. Condition No.2 of the Site Development Permit relates to an existing residence on the parcel which the applicant wanted to move to the south side of the parcel. The Planning Commission felt that would not allow enough room for emergency vehicles to maneuver, and Condition No. 2 is that the building not be moved. PUBLIC HEARING OPENED: 7:31 p.m. Gerald Wetmore, 1364 S. State Street, asked the Council to consider his request as he felt it was critical to have the extra ten feet in the back of the building and that the required landscaping would screen his building from view. He stated the "Rural Tribal Habitats", the agency for whom the proposed buildings will be built, has set the requirement for the size of the build- ings. He further noted that no one appeared to oppose his proposal when considered before the Planning Commission. Cecil Kamback, the resident to the south of the subject property had no objections to Mr. Wetmore's proposal. PUBLIC HEARING CLOSED: 7:37 p.m. Councilmembers could find no legal findings on which to base the variance. City Attorney stated they would have to have a finding that stated that there was something unique about this property by reason of topography or other reasons that make it different from other similar properties. City Manager suggested a smaller building. M/S: Hickey/Kelley to grant the appeal as presented failed by the following roll call vote: AYES: Councilmember Hickey NOES: Councilmembers Kelley, Dickens, Myers, Feibusch. ABSENT: None M/S: Feibusch/Myers that the building be moved easterly by one parking space was later amended with the consent of the second to state the building be moved back 15 feet from the property line. The motion was later withdrawn with the consent of the second. M/S: Kelley/Myers to refer the matter back to the Planning Commission carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None Reg. Mtg. April 6, 1983 Page 2 295 7b. Mendocino County Solid Waste Management Plan Update Director of Public Works stated that two additional meetings of the Steering Committee were held to review and recommend changes. He was of the opinion that most of the City's objections have been resolved. The first issue was that the cities were not equally represented on the Steering Committee. The second issue was insufficient protection of the solid waste sites from developments encroaching on the sites' usefulness. A committee was appointed to address the latter issue. As the public hearing was advertised he suggested that Council open it, but continue action on this matter until the next meeting to allow the Steering Committee time to review all the recommendations. PUBLIC HEARING OPENED: 8:12 p.m. PUBLIC HEARING CLOSED: 8:12 p.m. as no one addressed the issue. PUBLIC HEARING REOPENED:8:12 p.m. Councilmember Dickens read for the file a letter she received from Charles Williams concerning the Solid Waste Management Plan Update treatment of recycling. Ron Gluckman, 1016 W. Standley St. expressed hope that this public hearing would be continued to the next meeting so that the public may review any new information considered by the Council. M/S: Hickey/Kelley to continue the public hearing to the next meeting was carried by a unanimous voice vote. 7c. Introduction of Ordinance No. 803 Amending City Code Permitting Rental of Rooms Subject to a Use Permit in R-1 Zone Planning Director stated that in response to requests regarding room rentals in single family units, the Planning Commission considered and recommended allowing such activity. He noted that staff believed the ordinance as proposed would meet a current community need and still provide adequate review opportunities to mitigate the neighborhood impacts. PUBLIC HEARING OPENED: 8:25 p.m. PUBLIC HEARING CLOSED: 8:25 p.m. as no one addressed the issue. M/S: Kelley/Hickey to introduce the ordinance by title only carried by a unanimous voice vote. Mayor Feibusch was of the opinion that the ordinance was unnecessary and over- regulatory. M/S: Hickey/Kelley to introduce Ordinance No. 803, Ordinance of the City Council of the City of Ukiah Adding Section 9017 (k) to Division 9, Chapter 2 of the City of Ukiah Zoning Code - R-1 Room Rentals carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers NOES: Councilmember Feibusch ABSENT: None PETITIONS AND COMMUNICATIONS - Continued 8b. Request From Group W Cable For Time Extension of Current Franchise City Manager stated that the Cable TV franchise for the City of Ukiah expires May 1, 1983 and a new franchise will not be negotiated by that time. In order to allow adequate time for proper negotiation of a new franchise, he asked the Council to grant the request for a six month extension. M/S: Hickey/Kelley to extend the current contract with Group W for six months carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None RECESS: 8:27 p.m. RECONVENED: 8:40 p.m. Reg. Mtg. April 6, 1983 Page 3 296 UNFINISHED BUSINESS 9a. Policy Resolution Setting Forth Procedures & Requirements For Encroachment Permits For Newspaper Racks City Manager stated met with most of the vendors and received a great deal of cooperation from them which resulted in subject Policy Resolution providing guidelines for the issuance of encroachment permits for the placing, operation, and maintenance of newspaper racks upon public sidewalk areas. He noted that all new racks would be uniform in color and on the same pedestal. Ail existing racks on public sidewalks would have a grandfather period in which to obtain encroachment permits, or face removal by City forces. M/S: Hickey/Kelley to adopt Policy Resolution No. 9 with an addendum to Item No. 7 of that resolution that prior to removal of any rack by the City, the owners will be notified of the intent carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None 9b. Introduction of Ordinance No. 804 Amending Section 1202, Municipal Code Pertaining to Commission Residency Requirements M/S: Kelley/Myers to introduce the ordinance by title only carried by a unanimous voice vote. M/S: Kelley/Myers to introduce Ordinance No. 804, Ordinance of the City Council of the City of Ukiah Amending Section 1202 of Article 5, Chapter 4 of the Ukiah Municipal Code Providing for Termination of Office Upon Removal From City carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None 9c. Matter of Council Training Session Council discussion concerned the need for this session. Staff was instructed to contact Wayne Hunnicutt and obtain dates when he will be available to facilitate such a meeting. 9d. Gary Akerstrom Protest of Payment of Capital Improvement Fees Public Works Director stated the subject appeal requests a waiver of the fee for water transmission, storage and production, and treatment facilities for a 3/4 water service to be installed to a building moved from another location within the City. He noted the basis for the request is that the City ordinance states the purpose for the fee is that "new structures" create a demand for additional service, and does not address the issue of relocated structures. He asked the Council for a policy directive. Gary Akerstrom, North Coast Engineering, stated Capital Improvement Fees are paid to help build the system to accommodate additional demands and was of the opinion that as his structure was relocated, no new demand was created. He also felt that since Wendy's also had to pay Capital Improvement Fees that double fees were paid. M/S: Hickey/Kelley that the appeal be granted. Council consensus was to address the matter in a study session on April 26th at 4:00 p.m. The above motion was withdrawn with consent of the second. NEW BUSINESS 10a. Matter of Free Standing Sign Size Planning Director stated this matter was referred to the Council for clarification as a result of confusion in the interpretation of the definition of "Area of Sign" in the sign code. He noted as currently written the code Reg. Mtg. April 6, 1983 Page 4 297 stipulates that only one side of a double face sign be counted in sign area calculation. Prior to the current code adoption in 1981 both sides were counted. He further noted that all drafts of the revised sign code counted both sides and as a result of a typing error the adopted ordinance did not. He was therefore not aware that the original provision for calculation had been changed and has consistently applied that requirement. M/S: Hickey/Myers to retain the ordinance as written carried by the following roll call vote: AYES: Councilmembers Hickey, Myers, Feibusch NOES: Councilmembers Kelley, Dickens ABSENT: None 10b. Resolution A?provin~ Emergency Procedure Agreement Planning Director stated the Uniform Building Inspection Disaster Contingency Mutual Aid Plan has been prepared for the jurisdictions within Lake, Marin, Mendocino and Sonoma Counties. It provides a pool of available qualified personnel in time of disasters for evaluation of building damages. He noted it would be difficult to meet all of the obligations required of the City during an emergency with only a single staff person and therefore felt the plan would be beneficial to the City. He recommended the Council adopt the resolution approving the agreement and authorizing City Manager to execute same. Council determined this matter would be continued at the next meeting. 10c. Resolution Approving Revised Tentative Map, Las Casas, Unit 1 Mayor Feibusch stated that new material from the applicant was received prior to the meeting and he had not had a chance to review it. Councilmembers concurred that they preferred not to receive last minute material. M/S: Kelley/Hickey to hold this item to the next regular meeting of April 20, 1983 in order to review the newly presented material. Don Vander Mey, applicant's representative, reviewed the process applicants must follow before their requests are heard by the Council. He felt there would always be new information. He stated he could have given them the information in his verbal presentation, but thought the written material would assist them in following him. Councilmember Dickens suggested any new information be placed in their mail slots in City Hall prior to 5:00 p.m. on the Tuesday before Council meetings. The above motion was withdrawn with consent of the second. Planning Director stated the Planning Commission considered and approved the Revised Tentative Map for Las Casas at their last meeting. The revisions in the Map are in response to the developer's desire to accommodate Rural Community Housing Development Corporation's (RCDHC) proposal for a "self help program" and his need to reduce costs to meet low and moderate income levels. The revisions include: 1) Decrease of Single Family Detached (SFD) lot frontages from 60 to 50 feet. 2) A 32 unit density bonus. 3) Waiver of park fees and acceptance of open space. 4) Elimination of a cul-de-sac from the westerly terminus of Empire Drive. 5) The sale of 10 lots to RCHDC and availability of FHA loans. M/S: Myers/Hickey to adopt Resolution of the City Council of the City of Ukiah Approving Revised Tentative Subdivision Map No. 81-45, Las Casas, Unit One. Council discussion concerned the traffic impact. It was pointed out that the density bonus applied only to Unit 1 and the question for density bonuses for the other phases has not been raised. Council also discussed the open space requirements and paying of in-lieu fees. Concerns were expressed regarding Reg. Mtg. April 6, 1983 Page 5 298 the intent of the letter from Jared Carter which was presented by Mr. Vander Mey prior to the meeting. Council agreed to continue the matter to the next meeting in order to allow the developer to negotiate with the Planning Depart- ment and the City Manager on the open space requirement and to mitigate the traffic impact. The above motion was withdrawn with consent of the second. 10d. Introduction of Ordinance No. 805 Amending Code for Sewer Fees Outside City Public Works Director stated the proposed ordinance will bring the City into compliance with EPA and State law requirements concerning sewer service charges for outside City customers. It also provides a clear statement of policy regarding rainwater and other waters which will help in the City's infiltration-inflow control program. M/S: Myers/Kelley to introduce the ordinance by title only carried by a unanimous voice vote. M/S: Myers/Kelley to introduce Ordinance No. 805, An Ordinance of the City Council of the City of Ukiah Amending Article 4 and Article 6, Chapter 2 of the Ukiah Municipal Code Entitled Sewers carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None 10e. Matter of Rescheduling Commission Dinner (Feibusch) The Clerk was instructed to make arrangements for subject dinner on May 5th, 6th or 7th at the Manor Restaurant and to inform City Council of the date the Manor can accommodate the group. 10f. Matter of Joint Council/Planning Commission Meeting 4/18/83 at 7:00 p.m. (Feibusch) Mayor Feibusch informed the Council he invited the Planning Commissioners to meet jointly with the Council on 4/18/83 at 7:00 p.m. and they officially accepted the invitation. City Council concurred. 10g. Cal Trans Resolution City Manager stated the County requested City Coucnil consider a resolution the County Board of Supervisors adopted urging that Cal Trans establish repair of slide damage to State Highway 20 as an immediate top priority. Council acknowledged receipt of the resolution but noted that no action was necessary as Highway 20 would be open on Monday according to news reports. 10h. Bid Award, Fire Pumper and Fire Pumper Equipment (former 6c and 6d) Mayor Feibusch questioned if the matter had been to the ad hoc committee. Councilmember Dickens stated it had been fully discussed. M/S: Myers/Kelley to award the bid for the the Fire Pumper to Beck Fire Apparatus in the total amount of $65,018.28 and the Fire Pumper Equipment in the total amount of $13,097.12 to the following companies: L.N. Curtis and Sons; Halprin Supply Company; Western Fire Equipment Company; Capital Fire Equipment Company; Santa Rosa Fire Equipment Service Inc.; Munnell and Sherrill, Inc. and Phil Williams carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers NOES: Mayor Feibusch ABSENT: None 10i. Matter of Lease Renewal, Council Chambers (former 6f) Mayor Feibusch stated the reason for pulling subject item was to first determine the results of his request to investigate the old Library building on Clay and State Street for possible City Hall use. City Manager responded Reg. Mtg. April 6, 1983 Page 6 299 that the cost is 50 - 55 cents per square foot. As the building is 3,000 square feet, it would cost $18,000 per year to lease. With regard to the availability of another site, he informed Council that he contacted the rental agent of the building two doors down on Church St. for possible use by the Planning Department and recommended continuation of negotiations with the agent for a lesser price. Mayor Feibusch then called for City Council action on the matter as set forth on the agenda. M/S: Hickey/Kelley to renew the lease on the present Council Chambers carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None 10j. Resolution No. 83-51 Authorizing Authorizing Appointment of Alternate Director to REFA (former 6~) Mayor Feibusch questioned who the Director of REFA was. City Manager responded that the City Manager of each of the participating cities is the Director and all the these cities have chosen their Directors of Finance as Alternate Directors. M/S: Hickey/Myers to adopt Resolution No. 83-51, A Resolution of the City Council of the City of Ukiah Authorizing the Appointment of Alternate Director to Redwood Empire Financing Authority (REFA) carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None COMMENTS FROM AUDIENCE Don Vander Mey, Planning Commissioner, apologized for any embarrassment he may have caused the City regarding his presentation of a project at the last Planning Commission meeting. CITY COUNCIL REPORTS Councilmember Kelley Discussed the last MCOG meeting and noted repair of Highway 20 was a priority. Cities who have received FAA awards have been contacted. He and the City Manager are planning to visit them in an attempt to learn all they can about what the FAA is looking for prior to submitting actual proposals. Councilmember Dickens Reported on the MTA meeting and noted that their proposed budget includes four vehicle service hours a day, Monday through Friday from 7:00 p.m. to 10:00 p.m. all year. Fare increases are also proposed in the central zone from 85 cents to a dollar and mileage increases from $1.10 to $1.65 per mile. Councilmember Myers Stated he was confused on the matter regarding freestanding signs and asked for clarification on the interpretation of the sign ordinance up until the 1981 revision. Planning Director stated that both sides were calculated from 1976 to 1981 and the interpretation has been consistent up until the Planning Commission reviewed the signage for Midas Mufflers and Wendy's. M/S: Myers/Kelley to reconsider the matter carried by the following roll call vote: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None M/S: Myers/Kelley to continue the interpretation of the sign area of free standing signs as it has been interpreted by staff since the inception of the sign ordinance in 1976, calculating both sides and not as it is written and that any changes be made through the Planning Commission during sign ordinance revisions carried by the following roll call vote: AYES: Kelley, Dickens, Myers NOES: Councilmembers Hickey, Feibusch ABSENT: None Reg. Mtg. April 6, 1983 Page 7 3OO Councilmember Myers requested that the matter of the Airport General Plan be placed on the agenda for the next meeting. Mayor Feibusch He referred to a letter from the Employer's Counsel regarding funding for the Industrial Park and asked for Councilmembers comments. He noted at least three parcels of land belonging to the City on the proposed Main St. extension and asked the Council to agree to ask City Management to put the property on the market, as he did not feel the City should be in the land holding business. City Manager stated it was the intent to bring them before the Council to be declared surplus following the completion of the improvements so that the setbacks would be established. Mayor Feibusch asked for an updated list of City property. On behalf of his wife he announced lilac is the official flower of the City of Ukiah and the Ukiah Garden Club will hold a "Lilac and Spring Flower Show" at the Garden House at 1203 W. Clay St. on Saturday, April 16th from 12:00 p.m. to 4:00 p.m. and on Sunday, April 17th from 10:00 a.m. to 3:00 p.m. Tea and cookies will be served. No charge for admission. He noted there is no parking enforcement on Saturdays and as a courtesy to the downtown shoppers, asked for an explanation to be posted. He received complaints from two constituents regarding lack of animal control after hours. Councilmember Hickey noted the County handles animal control. ADJOURNED to executive session at 11:34 p.m. and reconvened to take the following action: M/S: Kelley/Hickey to appropriate $30,000 from the Contingency Fund for County Animal Control services, last year and current fiscal year carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: None Sandra Gutierrez Secretary Reg. Mtg. April 6, 1983 Page 8