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HomeMy WebLinkAboutmin 03-16-83281 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - MARCH 16, 1983 The City Council convened in regular session at 6:30 p.m. in the City Chambers. Roll was taken and the following Councilmembers were present: Councilmembers Kelley, Dickens, Myers, Feibusch Absent: Councilmember Hickey Staff present: Payne, Orchard, Kruth, Harris, Tillotson, Gutierrez, Beard, Brosig. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Dickens gave the invocation and led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Kelley/Myers to approve the minutes of 2/28/83 as submitted carried by the following roll call vote: AYES: Councilmembers Kelley, Myers, Feibusch NOES: None ABSTAIN: Councilmember Dickens ABSENT: Councilmember Hickey. M/S: Myers/Kelley to approve the minutes of 3/9/83 as amended carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey RIGHT TO APPEAL PROCESS Mayor Feibusch reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. CONSENT CALENDAR Councilmember Kelley requested item 6e be pulled and placed on the agenda as item 10j. Mayor Feibusch requested that item 6c be pulled and placed on the agenda as item 10k. M/S: Myers/Kelley to approve Consent Calendar items 6a, 6b, 6d, 6f and 6g as follows carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey 6a. Payroll Warrants #21915-22050, $74,107.55 6b. General Warrants #22166-22302, $237,259.99 6d. Approved 2nd partial advance request, COE, Lake Mendocino project in the amount of $10,000. 6f. Denied claim for damages, Mahmoud Kayed, 775A E1 Rio Court, and referred to insurance carrier. 6g. Approved Report of Administrative Actions & Proposals (R.A.A.P.) PETITIONS AND COMMUNICATIONS 8a. Letter of Request, Chamber of Commerce re Hometown Festival Dr. George A. Gustafson, representative for the Ukiah Chamber of Commerce, discussed the upcoming Hometown Festival. He noted various service clubs, the Sun House Guild, the Ukiah Unified School District, the County Chamber of Commerce and other governmental agencies who are participating in sponsoring the event, which helps relieve the burden off the local businessmen. He asked the City Council to approve a $I000 appropriation to augment the event. He noted that this is a one time event only, as the Chamber of Commerce will budget for it next year. City Manager favored the Hometown Festival and felt it will help enchance the community. He noted that the City is already involved in this as it relates to the Ukiah Invitational Golf Tournament, the Sun House activities, the Fire Muster, the time the Police Reserves will donate to provide the required police protection, the Band Review and the general clean-up. He further noted that events will take place from Hopland to Redwood Valley and favored a City contribution based on the condition that other governmental agencies also Reg. Mtg. 3/16/83 Page 1 CUO0006 282 contribute. Dr. Gustafson noted that the Fair Board, the Ukiah Unified School District and the County Chamber of Commerce have already contributed. M/S: Myers/Kelley to allocate $1000 for the purpose of promoting the Hometown Festival. Councilmember Kelley asked to make a friendly amendment that the $1000 be taken from the funds allocated to the Chamber of Commerce. Councilmember Myers did not accept the amendment. M/S: Kelley/Dickens to amend the above motion to allocate $1000 from the Chamber of Commerce budget for the purpose of promoting the Hometown Festival. Councilmember Myers stated at the time he left office as Mayor he expressed hope that this event would take place. He felt it would foster tourism and generate sales taxes. He further noted that the Council has drastically reduced the Chamber of Commerce budget and it is not realistic to ask them to finance it. He was of the opinion that the City get behind this event and support it. Councilmember Dickens agreed and thought perhaps the appropriation might be changed to be more in line with other appropriations from public institutions. Mayor Feibusch noted that the City has a contract with the Chamber and there is no stipulation in it that they have to use their funds for the Hometown Festival. The amended motion failed by the following roll call vote: AYES: Councilmember Kelley NOES: Councilmembers Dickens, Myers, Feibusch ABSENT: Councilmember Hickey The original motion to allocate $1000 for the purpose of promoting the Hometown Festival carried by the following roll call vote: AYES: Councilmembers Dickens, Myers, Feibusch NOES: Councilmember Kelley ABSENT: Councilmember Hickey. PUBLIC HEARING - 7:00 p.m. 7a. Continuation of Appeal of Planning Commission Action, Variance Application 82-36, Allyn Thompson City Attorney reviewed Section 9231 and Section 9232 which indicate circumstances under which a variance may be granted. He was of the opinion there are no special circumstances and no unnecessary hardship and thus interpreted the code to preclude the requested structure. PUBLIC HEARING OPENED: 7:10 p.m. The following persons spoke in favor of the applicant's request: I · 2. 3. 4. Allyn Thompson, 1275 Yokayo Ct. Oscar Groves, 375 Wabash Ben Hooper, 1285 Yokayo Ct. Douglas Crane, 1295 Yokayo Ct. They were of the opinion the structure was desirable, would enhance the neighborhood and felt a problem existed with inconsistency and lack of guidelines. PUBLIC HEARING CLOSED: 7:20 Councilmember Myers agreed with the point made regarding a lack of consistency and the need for guidelines. He also believed in neighborhood involvement as long as health and safety were not a problem, and favored the variance. Councilmember Dickens felt in this case the variance was appropriate but that the building code needs to be reviewed and perhaps revised to eliminate the number of variance requests. Reg. Mtg. 3/16/83 Page 2 283 Councilmember Kelley could not find any clear grounds on which to base the variance. He noted the variance has to be on the property, not the project. Mayor Feibusch felt the Planning Commission decision should be upheld. M/S: Myers/Kelley to grant Variance Application No. 83-48. City Manager pointed out that findings are needed to grant a variance and the motion did not have one. Councilmember Myers amended the above motion with the consent of the second to approve Variance Application No. 83-48 as it would not constitute a grant of special privilege, it was due to special circumstances applicable to the subject property related to size, shape, topography location or surroundings and that the granting of this would not materially or adversely affect the health or safety of the persons residing or working in the neighborhood carried by the following roll call vote: AYES: Councilmembers Dickens, Myers NOES: Mayor Feibusch ABSTAIN: Councilmember Kelley ABSENT: Councilmember Hickey. 7b. Rehearing of Appeal of Planning Commission Action, Variance Application No. 83-48, Burger King City Attorney addressed the matter as to whether the Planning Director was indeed an interested party and if he could appeal a Planning Commission decision. He referred to City Code Section 1203 and Section 106 regarding the right to appeal and the responsibilities of the City Manager. He concluded that when the Planning Director appeals he is appealing under the power of the City Manager and not as an individual. He then referred to City Code Section 3235 and noted the findings which would be appropriate in upholding the Planning Commission decision and those appropriate in upholding staff appeal. He made no recommendation. Planning Director reviewed the proposal and Planning Commission action as he had done at the last meeting. PUBLIC HEARING OPENED: 7:39 p.m. Two people spoke in opposition to the variance: Allen Falleri, 475 Oak Manor and Leif Farr, 305 Scott. Their opposition was concerned with maintaining the rural atmosphere and scenic quality of the area. PUBLIC HEARING CLOSED: 7:43 p.m. It was pointed out that the Planning Commission is reviewing the total sign ordinance and considering a freeway corridor with designated limits. Councilmembers Myers and Kelley indicated generally their interest in the Cal Trans logo signs. Councilmember Kelley suggested the Assemblymen be contacted in this regard. Mayor Feibusch reviewed the history of Burger King regarding their various requests to raise their sign. He felt in fairness to Burger King, they should be allowed to raise their sign. M/S Kelley/Dickens to approve Variance Application No. 83-48 as it lies east of the freeway and is so situated that because of existing orchards to the north, view of the property by southbound traffic at a location to allow safe exiting of the freeway is obscured in a manner not found on other similar properties, failed by the following roll call vote: AYES: Mayor Feibusch NOES: Commissioners Kelley, Dickens, Myers ABSENT: Councilmember Hickey RECESS 7:50 p.m. RECONVENED: 8:00 p.m. Reg. Mtg. 3/16/83 Page 3 284 PETITIONS AND COMMUNICATIONS (Continued) 8b. Request to Address Problem of Emergency Housing, Alcohol Rehabilitation Corporation The following persons spoke to the issue: 1. Mark Rohloff, Director of the Alcohol Rehabilitation Corporation 2. Buddy Eller, Director of the Community Center 3. Tom MonPere, a volunteer for the food bank 4. David Patton, Rector, Holy Trinity Church 5. Cheryl Baker, Rural Communities Housing Development Corporation They stressed the enormous, growing need for emergency housing and appealed to the Council on a human basis for help and support. Mayor Feibusch volunteered to serve on the Emergency Housing Task Force. 8c. Letter Requesting Waiver of Capital Improvement Fees, Gary L. Akerstrom City Manager stated that per the memo from the Public Works Director, it was agreed that the matter be continued until the City Council meeting of April 6, 1983 in order to further discuss the matter prior to Council consideration. Mr. Akerstrom confirmed his agreement in this matter. UNFINISHED BUSINESS 9a. Request Re Development Fees & Timing of Payment City Manager stated that the staff report lists fees and charges, relating to Wendy's as a specific example. In addition, a cost comparison report comparing Ukiah's development fees with other similar communities was presented as requested. He suggested a City Council study session be scheduled where those who are interested in this issue may work together. City Council subsequently set Tuesday, 4/5/83 3:30 to 6:30 for the study session of subject matter. Mike Turnbull, Wendy's developer, asked if he could pay the building fee and be granted an extension on the fees for services he does not need until after the study session. City Manager stated that per the code the City is obligated to collect the fees before the building permit is issued. It was suggested that Mr. Turnbull pay the fees, with a letter indicating they are paid under protest, and if lower fees are established, they can be retroactive to today and he may be reimbursed. 9b. Noise Regulations in Other Cities As City Council had requested, ordinances from other cities as well as a model ordinance from the League of California Cities was provided. Council discussion related to the matter of nuisance versus noise, specifically in regards to the T.K. Mining Co. It was noted that the complaints received concern activity outside the bar, not inside. The City Attorney noted that the nuisance created cannot be solved by the noise ordinance. Councilmember Kelley stated his request was for a list with measurement standards regarding the various cities studied, preferably on a single sheet, so that he could see the comparison at a glance. Council requested staff to submit this information, but not as an agenda item. 9c. Matter of Council Training Session Councilmember Myers stated that in order to have a meaningful session, expertise was needed to provide direction and guidance. He informed the Reg. Mtg. 3/16/83 Page 4 285 Council that former mayor, Kate Riley, had agreed to provide this service and it was his recommendation that she be considered to provide the direction. Councilmember Kelley informed the Council that he had been contacted by Wayne Hunnicut, who offered his services to the Council free of charge. Mayor Feibusch stated he preferred to have an informal session without benefit of a mediator, and to utilize one at a subsequent session if City Council is unable to solve problems on its own. He stated that although he had the highest respect for Kate Riley, he felt it would be better to have someone who would not be in a position to prejudge. Councilmembers Dickens and Kelley felt for the sake of efficiency it was necessary to have someone facilitate the meeting. Councilmembers decided to interview Wayne Hunnicut on an individual basis and agendize the matter for the next meeting. 9d. Authorize Agreement With Imperial Municipal Services Group re REFA Financing of Local Share, Treatment Plant Improvements. The City Manager stated the City will be required to enter into a sales agreement with Imperial Municipal Services Group, Inc. in order to finance their portion of the REFA Certificates of Participation. He announced that REFA has received a Standard & Poors Triple A rating which is the most favorable rating that can be received. He requested the Council to authorize the Mayor and Clerk to sign the sales agreement. M/S: Myers/Kelley to authorize the Mayor and Clerk to enter into the sales agreement with Imperial Municipal Services Group, Inc. carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey NEW BUSINESS 10a. Report By Ira Brannon re REMIF Ira Brannon, 940 Fairway Ave, Chairman of the Board of Directors, REMIF, addressed the Council to report on the progress of REMIF. He gave a brief history of REMIF. He discussed the success of the Worker's Compensation and the later acquired fire, property and liability insurance. He noted the City of Ukiah is receiving the benefit of extremely low rates as a result of self insurance in the above areas. However, he felt the area of health insurance needs to be explored. He noted that cumulative losses and costs have exceeded the premiums, and that REMIF is losing money in this area. The Dental and Vision Care coverage are breaking even. He asked the Council to participate in an economic study to determine the feasibility of continuing self health care coverage. M/S: Kelley/Myers to authorize the City Manager to make budgetary allowances during budget sessions for an economic feasibility study regarding self insured health insurance carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey 9b. Request to purchase projector for Fire Department City Manager stated that the City Council previously expressed interest in obtaining video recorders for the Fire Department in lieu of a 16 MM film projector. The Acting Fire Chief indicated a preference for the projector based on the savings by purchasing it from the County School Video Department and the availability of hundreds of training films for the projector as opposed to the fluid state of the video market at the present time and the limitations of its usefulness for the department's purpose. The intent is to purchase the equipment from a $10,000 estate donation to the Fire Department which stipulated the funds could be used in any manner the Fire Department saw fit. Reg. Mtg. 3/16/83 Page 5 286 Mayor Feibusch noted the obsolescence of 16 MM projectors. He favored a video cassette recorder and camera so that actual firefighting procedures could be filmed and used as training tools. Councilmember Dickens noted there are people in the County who do this and suggested hiring someone to make a test film before purchasing any equipment. MS: Myers/Kelley to approve the purchase of a 16 MM film projector for the Fire Department carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers NOES: Mayor Feibusch ABSENT: Councilmember Hickey 10c. Set Date for Public Hearing, Mendocino County Solid Waste Management Plan Update (April 6, 1983) M/S: Kelley/Myers to set the date for the Public Hearing, Mendocino County Solid Waste Management Plan Update to April 6, 1983. Councilmember Kelley was concerned with how the body was established and felt that the City of Ukiah did not have sufficient representation. City Manager suggested addressing the matter at the next Steering Committee meeting and also at the public hearing. He noted that the plan can only be updated if the City of Ukiah votes in favor of it. Councilmember Kelley amended his motion with consent of the second to express concern at the public hearing regarding representation of the incorporated cities on the committee and to ask for it to be investigated. The motion as amended carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey. 10d. Bid Award, Fiscal Year Audit Finance Director stated that six CPA firms responded to the audit proposals. His first recommendation was Charles Reichel, of Healdsburg, primarily because of their clo~;e proximity to Ukiah and secondly Davis Hammon & Co., Oroville. M/S: Kelley/Myers to authorize the Mayor and Clerk to sign a one year agreement with Davis Hammon & Co. carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers NOES: Mayor Feibusch ABSENT: Councilmember Hickey 10e. Authorize Appraisal, Vargas Property, Airport Clearzone Public Works Director stated the current clearzone grant provides for purchase of one parcel_ (a duplex) on the south side of the airport. However, there are two duplexes which are jointly operated as rental properties. The owners have requested the properties be purchased concurrently to avoid the greater cost of operating one duplex by itself. The City will ultimately have to purchase the second duplex at a future time. Therefore, staff believes the second duplex should be appraised at this time and requests that funds for the purchase be advanced by the City to be later reimbursed by future grant funds. M/S: Kelley/Myers to authorize the appraisal of both duplexes on the Vargas property carried by the following roll call vote: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: None 10f. Matter of Commissioners Who Move Outside City Limits, UMC Sec. 1202 (Feibusch) Mayor Feibusch stated his opinion that those commissioners who move outside the City limits should surrender their seat and asked for Council discussion of the matter. Reg. Mtg. 3/16/83 Page 6 287 M/S: Kelley/Myers to instruct the City Attorney to amend the ordinance to require that the terms of commissioners of any of the commissions will expire at the time they move outside the City limits carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey lOf. Matter of Appeal of Commission Actions, UMC Sec. I203 (Feibusch) Mayor Feibusch was of the opinion that if staff could appeal commission actions as set forth in Section 1203 of the City Code that there is no need to have a commission. City Attorney referred to his memo concerning this matter in which he interpreted the code to mean that staff could appeal a commission action on behalf of the City Manager. City Manager stated that there have only been four appeals by staff to the City Council of Planning Commission actions since 1976. He noted that although two of them occurred recently, they regarded precedent setting situations. As the City Council sets policy, staff felt it appropriate to bring the matters before the Council. He noted that staff as well as the Planning Commission could make an error and that an error by the Planning Commission could be contrary to City Council policy. Discussion concerned alternatives to an appeal, such as an initial review, but it was decided that would delay the process and create more layers of bureaucracy. The 10 day limit in which to make an appeal was also noted. The possibility of legal advise being available to the Planning Commission during their meetings was also mentioned. Council established the policy that appeals to Council state the reasons for the appeal with the City Manager's signature thereon. lOh. Matter of Eave Overhangs, UMC Sec. 9177 (6) (Feibusch) Mayor Feibusch referred to subject section relating to mobile homes, stated the Uniform Building Code did not require 2-foot overhangs; therefore he thought it unnecessary to have applicants of regular residential homes come to the Planning Commission for variances on the 2-foot overhangs. Don Vander Mey, Planning Commissioner, stated that the State allowed the following two options regarding mobile homes: 1) zoned lots or 2) ordinances putting restrictions on mobile homes but no more restrictive than on regular homes. Mayor Feibusch requested a copy of the State law and asked to continue the matter until the second meeting in April. 10i. Approval of Funding Source for Local Share and Authorization to File Grant Documents for CAAP Funding, Airport Runway Reconstruction Director of Public Works stated that in order for the City to submit applications to the Federal Aviation Administration and the California Department of Transportation, Aeronautics Division for grant funds to provide airport runway and taxiway repairs they must provide a percentage of matching funds. Those funds are estimated to be $100,000. There is approximately $50,000 available in the Airport Capital Improvement Fund and the Runway Reconstruction Fund. Staff is requesting authorization to use other City funding in the amount of $50,000 to cover the additional local funds with an annual pay-back in an eight year period. M/S: Myers/Kelley to authorize $50,000 to be transferred from the Runway Reconstruction fund with the collection on the basis of landing fees and adoption of Resolution No. 83-50, Resolution of the City Council of the City of Ukiah Declaring the Availability of Match Funds for Federal Airport Improvement Program (AIP) and California Aid to Airports Program (CAAP) for Reg. Mtg. 3/16/83 Page 7 288 Ukiah Municipal Airport Improvements carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey. 10j. Resolution No. 83-49 Adopting Revised FAU Boundaries for Ukiah (former item 6e) Mayor Feibusch thought the area of Ford St. east to the Russian River should be included and noted that a bridge should be built over the river at that point, which would relieve traffic on Perkins. Councilmember Kelley questioned how the area of Rogina Heights came to be included. Public Works Director stated Rogina Heights was included by definition. Funds were allocated to an urban area, not just city boundaries. He further mentioned it would be detrimental to include Ford St. at this time as the cost of building just a bridge far outweighed the funds that would be allocated for the whole area. M/S: Kelley/Myers to adopt Resolution No. 83-49, Resolution of the City Council of the City of Ukiah Designating Certain Streets, Avenues, and Roads to be in the Federal-Aid Urban System carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey. 10k. Bid Award, Equipment Shelter at Corporation Yard Mayor Feibusch asked for clarification as the low bid was $14,637, the Engineer's estimate was $20,000 and only $10,000 was budgeted. Public Works Director stated the error was made in the budget request. M/S: Kelley/Dickens to award the bid for the addition to the equipment shelter at the Corporation Yard to Jet-Con in the amount of $14,637 and to authorize a General Fund contingency transfer in the amount of $4,637 to cover the balance over the $10,000 budgeted allocation carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey. COMMENTS FROM AUDIENCE Don Vander Mey, Planning Commissioner, noted he benefits by attending City Council meetings and asked the Council to consider a joint meeting with the Planning Commission which could result in a smoother operation and clarify policy. Tim Morgan, Airport Commissioner, asked about the developments with the FAA. Councilmember Kelley informed him that he will be presenting a full report at the next regular meeting. CITY COUNCIL REPORTS Councilmember Dickens Reported that the ad hoc Fire Committee is beginning budget reviews, but that no decisions have been made yet. Mayor Feibusch Stated that the structural engineer hired by the architect for the school district found the Old Yokayo Site building to be in good shape, the attorneys have signed legal papers and the judge has authorized advertising for legal claims. He requested City Council authorization to contact the owner of the former library building at Clay and State, regarding the use of the building as temporary relief for City Hall, as it will be at least two years before the Old Yokayo Site will be available. The City Attorney noted that the time has come to give notice of option for one more year on the current Council Chambers. The City Manager informed the Council that he has been contacted by Reg. Mtg. 3/16/83 Page 8 289 others regarding offers for space for City Hall use. The Council instructed the City Manager to explore all possibilities. Mayor Feibusch further noted it is time for the annual Commission dinner. Council set the date for April 22, 1983 at the Manor Inn. He asked for permission to write a letter to the State Chamber of Commerce in support of the Davis Bacon Act and the Prevailing Wage Reform Bill. He referred to a letter from a constituent regarding the possibility of a business route sign on the north and south ends of the freeway to divert traffic and possible customers onto State Street and into Ukiah. City Manager will report back on this matter. He requested the sign outside the City Hall be changed to reflect correct meeting time of the Planning Commission. He asked under whose jurisdiction the secretary works. City Manager stated as City Clerk she works for the Council and as secretary for the City Manager she is a civil service employee and works under the City Manager. City Manager spoke on behalf of Councilmember Hickey and announced that the dedication of the NCPA geothermal plant will be on July 29th and requested names of those people the Council wished to invite to attend. ADJOURNED to executive session at 11:37 p.m. Sandra Gutierrez Secretary Reg. Mtg. 3/16/83 Page 9