Loading...
HomeMy WebLinkAboutmin 03-02-83275 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - MARCH 2, 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, Yarbrough, Tillotson, Gutierrez. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Myers gave the invocation and Mayor Feibusch led the Pledge of Allegiance. ADDITION TO AGENDA Councilmember Kelley requested the matter of the MTA letter, dated 3/2/83 be added to the agenda, as New Business, item 10C. Council approved the request by a unanimous voice vote. APPROVAL/CORRECTION OF MINUTES M/S: Kelley/Myers to approve the minutes of February 16, 1983 as amended carried by the following roll call vote: AYES: Councilmembers Kelley, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey ABSTAIN: Councilmember Dickens. RIGHT TO APPEAL PROCESS Mayor Feibusch reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. CONSENT CALENDAR Mayor Feibusch requested item 6f be pulled and be placed on the agenda as item 10d. M/S: Kelley Myers to approve Consent Calendar items 6a, 6b, 6c, 6d, 6e and 6g as follows: 6a. Payroll Warrants #21779-21914, $71,962.14 6b. General Warrants #22079-22165, $568,759.62 6c. Approved bid award, air compressor to Edward R. Bacon Company in the amount of $7,414,70 6d. Rejected bids, tractor loader, in order for staff to revise specifications and readvertise for bids 6e. Approved bid award, water and sewer improvements of Main Street & water improvements on School Street to Mitchell Lubenko in the amount of $28,058.20 6g. Approved Report of Administrative Actions & Proposals PETITIONS AND COMMUNICATIONS 8a. Request from Press Democrat, Encroachment Permits for Newspaper Racks City Manager stated the Press Democrat newspaper racks which are permanently installed in the public right-of-way at several locations require an encroachment permit. Although he has the authority to grant the permit, he denied it so that the City Council could deal with the issue. Stan Whitty, 526 Duer Rd., Sebastopol, Circulation Manager for the Press Democrat, asked the Council to grant their request for encroachment permits for the existing locations in Ukiah, which are: 1) The rack in front of the County Courthouse, 2) the rack in front of Hub Liquors and 3) the rack at the U.S. Post Office. He stated that to his knowledge the Press Democrat did obtain permission from the City of Ukiah prior to instalation. M/S: Myers/Kelley to grant the requested encroachment permit. Reg. Mtg. 3/2/83 Page 1 276 City Council discussion related to why they were bolted down before City staff was contacted, pedestal type racks and their potential problems, the need for Council to clearly state policy for the future, and that they were not in favor of giving the Press Democrat an exclusive right to sell papers. Claire Green, co-publisher, Grapevine, favored attractive news stands. She had no objections to purchasing a required type of stand for future locations but stated they could not replace all existing stands at the present time. Planning Commissioner Vander Mey stated the Planning Commission discussed the matter of news stands during the sign ordinance public hearings under the sandwich board sign issue. In his opinion, private property would be a more appropriate location and suggested that such requests be reviewed by the Planning Commission. Councilmember Myers withdrew his motion with the consent of the second. M/S: Myers/Kelley that the matter be referred to staff for negotiations with the Press Democrat and all other similar entities prior to the April 6, 1983 meeting carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey. RECESS 6:57 p.m. RECONVENED 7:00 p.m. PUBLIC HEARINGS 7a. Appeal of Planning Commission action, Variance Application No. 82-36, Allyn Thompson Planning Assistant reviewed action taken at the Planning Commission meetings of January 12 and February 9, 1983 on the subject matter. Applicant's proposal to construct a covered area extending from the house to three feet from the property line requires a fire wall at the property line. Staff and the Commission were concerned with a structure extending to the property line and felt it was inappropriate. Staff recommended that the City Council uphold the Planning Commission' action of denial of the variance. PUBLIC HEARING OPENED 7:05 p.m. Allyn Thompson, 1275 Yokayo Court, stated his neighbors would sign a maintenance easement for the fire wall. He submitted a letter from the neighbors on his street stating they did not object to his proposal. He stated the purpose of his request is to allow him adequate space to work on antique cars. Mayor Feibusch expressed concerns with the proposal. In his opinion the proposal is a closed structure, requiring a parapet and an additional fire wall on the wall adjacent to the house. At this point there appeared to be a difference of opinion in the Building Official's statement to the applicant and to the Mayor. Councilmember Kelley was concerned with the maintenance due to the size of the trees immediately adjacent to the property line. M/S: Kelley/Feibusch to approve Variance Application No. 82-36 with the condition that the maintenance easements be provided and that the addition meet all building standards failed by the following roll call vote: AYES: Councilmembers Dickens, Myers NOES: Councilmembers Kelley, Feibusch ABSENT: Councilmember Hickey. M/S: Feibusch/Kelley to uphold the Planning Commission action. Reg. Mtg. 3/2/83 Page 2 277 The above motion was withdrawn with consent of the second in order for Council to continue action on this matter to the next meeting with full Council present. 7b. Application for Small Cities Community Development Block Grant, Extension of Airport Rd., Adoption of Resolution No. 83-45 Authorizing Application City Manager reviewed action taken at the last meeting. The application has been completed and now requires approval to be submitted. As the City does not have a firm proposal from a business to locate here, the application is for the extension of Airport Road and utilities to the proposed California State National Guard location. PUBLIC HEARING OPENED 7:35 p.m. As no one spoke to the issue, PUBLIC HEARING CLOSED 7:35 p.m. Mayor Feibusch questioned the intentions of the National Guard to locate in the Industrial Park. City Manager stated they are closer to locating there than any business and they have assured the City they have the funding to build and have met the criteria to establish their unit in Ukiah. M/S: Myers/Kelley to adopt Resolution No. 83-45 authorizing the submittal of the grant application carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers NOES: Mayor Feibusch ABSENT: Councilmember Hickey UNFINISHED BUSINESS 9a. Reconsideration of City Council Vote Regarding Burger King Variance Appeal (No. 83-48) City Manager pointed out that the Planning Director's memo included the portion of the amended Planning Commission minutes that were not available at the last City Council meeting and were a point of some discussion. City Attorney, for clarification, noted that the rules of conduct stated that after a public hearing has been closed, no member of the audience shall address the issue without first securing a majority vote from the City Council. M/S: Kelley/Myers to uphold the staff's appeal on the Burger King variance. City Attorney stated if Councilmember Dickens had been present during the February 16, 1983 public hearing she would be able to vote but since this is her first meeting she would have to abstain. Councilmember Myers felt that due to the importance of the decision the matter should be continued to the next meeting, the tapes made available to Councilmember Dickens and the public hearing reopened so that the full City Council could vote. Mayor Feibusch and City Attorney agreed. Councilmember Kelley withdrew his motion with the consent of the second. Duncan James was recognized from the audience. He referred to Sections 9235 and 9235b from the City Code and asked the question "Is the Planning Director an interested party?" City Attorney answered affirmatively by referring to Section 1203. M/S: Myers/Kelley that the matter be continued to the meeting of March 16, 1983 as a public hearing carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey Reg. Mtg. 3/2/83 Page 3 278 9b. Adopt Ordinance No. 803, Noise Regulations M/S: Myers/Kelley to read Ordinance No. 803 by title only carried by a unanimous voice vote. M/S: Myers/Kelley to adopt Ordinance No. 803, Ordinance of the City Council of the City of Ukiah Amending Division 7, Chapter 1, Article 6 of the City of Ukiah Code (Noise Regulations - Ambient Base Noise Levels) carried by the following roll call vote AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey. 9c. Matter of Council Training Session (Myers) Councilmember Myers felt it was important, especially with a new member on the Council that they meet publicly to discuss items that can bring about a better understanding of their goals. Mayor Feibusch stated he favored meeting with the Council to discuss problems but did not want to put the City to the expense of bringing in a psychologist or psychiatrist to help them resolve problems. Councilmembers decided to give thought to how the training session should be conducted so the matter was continued to the next meeting, March 16, 1983. NEW BUSINESS lOa. Appointment to Recreation, Parks and Cultural Arts Commission Commission nominations proceeded as follows: Kelley/Janet Floyd Dickens/Dennis Lucido Myers/Janet Floyd Feibusch/Janet Floyd Resolution No. 83-46 confirms the appointment of Janet Floyd to the Recreation, Parks and Cultural Arts Commission by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey. 10b. Appointment to Airport Commission Commission nominations proceeded as follows: Kelley/Gordon Gore Dickens/Pass Myers/William Smith Feibusch/Gordon Gore Nomination of Gordon Gore carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Feibusch NOES: Councilmember Myers ABSENT: Councilmember Hickey Resolution 83-47 confirms the appointment of Gordon Gore to the Airport Commission by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Feibusch NOES: Councilmember Myers ABSENT: Councilmember Hickey. 10c. Matter of Letter From MTA, Dated March 2, 1983 Bruce Richard, 978 Mendocino Dr., General Manager, MTA, addressed the issue of the letter from MTA to the City of Ukiah, dated 3/2/83 regarding the unmet transit needs. MTA has recognized the need and will gradually expand. An analysis of information from the last operator indicated that if they fully Reg. Mtg. 3/2/83 Page 4 279 expanded now, a short term ride may cost $4.00 - $5.00. He stated anyone calling before 7:00 p.m. will be dispatched no matter how late they operate. He also noted that they are servicing the 6:50 a.m. Greyhound departure. He noted that they are working with limited funds and their proposal to expand must go to the MTA Budget Committee, the MTA Board and MCOG prior to approval. Mayor Feibusch noted that if in fact service is extended that MTA should advertise it. He also noted the 24 hour taxi service is necessary to attract a large governmental entity to locate in Ukiah. Mr. Richard felt expansion was most cost effective if handled gradually, but that after 10:00 p.m. it becomes questionable. Councilmember Myers asked that subsidy for private carriers through SB325 funds be investigated if MTA could not provide taxi service after 7:00 p.m. Councilmember Kelley stated he has discussed the FAA requirement for 24 hour service with Mr. Richard and felt the City has time to allow for gradual expansion. Council discussed different methods of allowing private taxi operation to meet the unmet needs. City Manager suggested MTA contract the use of their taxis to private operators and split the profit. It was decided that staff and the MTA representative explore that new possibility. 10d. Resolution No. 83-48 authorizing State Department of General Services to Purchase Police Cars (former 6f) City Manager stated that no appropriation was made in the 1982-83 budget to provide funds for the purchase of new police cars during the fiscal year. The Police Department has requested that three new cars be purchased to replace cars that will have in excess of 74,000 miles each at the end of the fiscal year. A budget transfer authorization is requested to cover the above. Mayor Feibusch questioned the point that excess mileage is reason enough for vehicle replacement. City Manager explained it would be more cost effective to purchase the cars this year rather than wait. M/S: Kelley/Myers to transfer the funds from the Garage Capital Account to the Garage Line Item Account No. 575-5840-897 in the amount of $28,000 carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey. M/S: Kelley/Myers to approve Resolution No. 83-48, Resolution of the City Council of the City of Ukiah authorizing the Department of General Services of the State of California to Purchase Certain Items carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey. CITY COUNCIL REPORTS M/S: Myers/Kelley to appoint Councilmember Dickens to the ad hoc Fire District Committee as well as the MTA Board carried by the following roll call vote: AYES: Councilmembers Kelley, Dickens, Myers, Feibusch NOES: None ABSENT: Councilmember Hickey. Mayor Feibusch commended the City Manager on the excellent written response to the County Administrator regarding the golf course. He referred to a letter from the Redwood Legal Assistance regarding benefits for Mrs. Hite. City Attorney stated the check has been sent and the matter is closed. He then referred to a letter from a citizen complaining of newly painted slippery curbs and forwarded the matter to the Department of Public Works to report back to the Council. He also referred to a letter from Mr. Titlow regarding his new company and instructed staff to deal with it. City Manager stated that staff was directed not to deal with Vichy Hills Power Company until they presented further information to the City Council and that the matter is at a standstill. Reg. Mtg. 3/2/83 Page 5 28O Lastly, he requested the following three items from the City Code be placed on the next agenda for discussion: l) 2) 3) The matter of commissioners who move outside the City limits being able to serve out their terms. The overhang section of the Zoning Ordinance. Review of Ordinance 770, which deals with staff appeal. ADJOURNED 8:37 to executive session. Sandra Gutierrez Secretary Reg. Mtg. 3/2/83 Page 6