Loading...
HomeMy WebLinkAboutmin 02-02-83253 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - FEBRUARY 2, 1983 The City Council convened in regular session at 6:30 p.m. in the City Council Chambers. Roll call was taken and the following Councilmembers were present: Kelley, Hickey, Myers, Feibusch. Absent: None Staff present: Payne, Orchard, Kruth, Harris, Tillotson, Gutierrez. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Kelley gave the invocation and Acting Mayor Feibusch led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Hickey/Kelley to approve the minutes of January 19, 1983 as amended carried by the following roll call vote: AYES: Councilmembers Kelley, Hickey, Myers, Feibusch NOES: None ABSENT: None M/S: Hickey/Kelley to approve the minutes of January 26, 1983 as submitted carried by the following roll call vote: AYES: Councilmembers Kelley, Hickey, Myers, Feibusch. SPECIAL ORDER OF BUSINESS 5a. Matter of Election of Mayor and Vice-Mayor Acting Mayor Feibusch noted that the matter of a vacancy of Mayor is dealt with in the City Ordinance which refers to accepted rules of parliamentary procedure. He read from Robert's Rules of Order which stated when a vacancy of President is created the first Vice-President becomes President for the unexpired term. Therefore, in his opinion, he has officially been the Mayor since 12:01 on January 31st and the only election in order was for the Vice-Mayor. Council discussion followed. When asked the correct procedure at this point, the City Attorney stated he would research the matter. M/S: Hickey/Myers to postpone the subject matter until the next meeting. Councilmember Myers was of the opinion this is a procedural matter and could be taken care of now. Councilmember Hickey then withdrew his motion with the consent of the second. M/S: Myers/Hickey to suspend the rules and proceed with the appointment of Mayor at this meeting failed by the following roll call vote: AYES: Councilmember Hickey, Myers NOES: Kelley, Feibusch ABSENT: None Councilmember Kelley was in favor of proceeding with the election but not with the suspension of rules. Acting Mayor Feibusch again referred to the general rules of parliamentary procedure and stated there was no further action necessary for the unexpired term of the previous Mayor as he is the Mayor. M/S: Hickey/Myers that this be referred to the City Attorney and brought back to the next meeting. Councilmember Myers asked if the City Council is electing a Mayor to fill the unexpired term. Acting Mayor gave an affirmative answer. Councilmember Myers felt the Council should go on record in showing that the interpretation of Robert's Rules of Order was correct and that they were all in agreement with the procedure. Councilmember Kelley asked the City Attorney if they could make a motion to elect a Mayor and if the action is later determined to be in error, if they could resolve it at that time. City Attorney stated that would be acceptable. Reg. Mtg. 2/2/83 Page 1 254 Councilmember Hickey withdrew his motion at this time with the consent of the second. M/S: Myers/Kelley that Councilmember Ted Feibusch be appointed Mayor for the unexpired term of Kate Riley carried by the following roll call vote: AYES: Councilmembers Kelley, Myers, Feibusch NOES: Councilmember Hickey ABSENT: None M/S: Myers/Hickey to appoint Councilmember Mike Kelley as the Vice-Mayor carried by the following roll call vote: AYES: Hickey, Myers, Feibusch NOES: None ABSENT: None ABSTAIN: Councilmember Kelley. Mayor Feibusch then read the following statement and requested it be part of the record: "I am greatly honored to be the mayor of the City of Ukiah. This day of February 2nd is of great personal significance to me, because it was exactly 50 years ago that at the ripe old age of 20, after having been expelled from the university by Mr. Hitler, I joined the underground in Germany and became a freedom fighter; and I have remained a freedom fighter ever since. I am now fighting overbearing bureaucrats. My motto as mayor will be: 'Bring city hall to the people.' No longer shall the citizens of Ukiah come hat in hand to city hall to be antagonized. I will personally be available at all reasonable hours to assist and see to it that citizens get fair and courteous treatment in city hall. I will make every effort to work harmoniously with the city manager, not for or under him, for the betterment of the City of Ukiah. I promise not to be part of any deals made behind closed doors. Therefore, when the subject of selecting a replacement for former council member Kate Riley will come before the council, it is my intent to urge the council to invite all interested voters to apply and to have the council make the selec- tion in public. I will work hard to use the office of mayor in negotiating for the creation of job opportunities in cooperation with the private sector. As an example, our county is well known for its expertise in lumber production. The City of Ukiah has considerable acreage made available for the growing of christmas trees, which would create jobs for some of the young people who are now unemployed. The financing could easily be arranged through the selling of futures in the harvest. The same can be applied to the growing of firewood, especially eucalyptus, which is now according to experts economically fea- sible. I will work for the beautification of the City of Ukiah, and I am particularly interested in revitalizing the old Yokayo School and creating a civic center plaza there. I will do my best to inform myself about innovative governmental operations in other cities, such as public safety departments, which have resulted in enormous savings in the cost of city governments, and above all I will do my best to keep my finger on the pulse of the people and I mean all the people, not only special interest groups. To accomplish this I have made arrangements to hold a townhall meeting on Friday, February llth, at 7 o'clock at the Saturday Afternoon Club building, where the people can speak up and voice their opinions. I hope to see you there. Thank you very much." RIGHT TO APPEAL PROCESS Mayor Feibusch reviewed Section 1094.6 of the Code of Civil Procedure regard- ing appeal procedure. Reg. Mtg. 2/2/83 Page 2 255 CONSENT CALENDAR Mayor Feibusch requested items 7d and 7g be pulled and be placed on the agenda as items lld and lle respectively. M/S: Hickey/Myers to approve the Consent Calendar Items 7a, 7b, 7c, 7e, 7f and 7h as follows: 7a. Payroll Warrants #21509 - 21644, $71,681.42 7b. General Warrants #21835 - 21949, $381,928.54 7c. Approved bid award, midsize sedan to Cox Motors in the amount of $18,296.77 7e. Claim for damages, J.I. MonPere, denied and referred to insurance carrier 7f. Claim for damages, Raymond W. Hall, denied and referred to insurance carrier 7h. Approved Report of Administrative Actions & Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Councilmembers Kelley, Hickey, Myers, Feibusch NOES: None ABSENT: None lOa. Matter of Use of Council Chambers for Office Space Subject matter is back for consideration at the request of the City Council. Councilmember Hickey felt that since the Council gave the School District 6 months to resolve the Yokayo School Site problem that no action should be taken until that time limit has expired. With budget hearings approaching, the Council will need to utilize the facilities more regularly. It was suggested that this item be removed from the agenda and considered again in July 1983. Councilmembers were in agreement. PUBLIC HEARINGS 8a. Zone Changes to Bring Existing Zoning Into Conformance With the Land Use Designation of the City General Plan and Introduction of Ordinance. 1) Zone Change Application No. 83-40, east side of Betty Street, Lorraine to Marlene 2) Zone Change Application No. 83-41, N.W. corner of Clara and Orchard Avenue 3) Zone Change Application No. 83-42, east side of Yokayo Shopping Center Planning Director stated the three zone changes have been presented due to problems with General Plan consistency and zoning not coinciding with property lines. These items were considered by the Planning Commission at their January 12, 1983 meeting with recommendations to the City Council to approve all three cases. PUBLIC HEARING OPENED: 7:02 p.m. No one in the audience spoke to this issue. PUBLIC HEARING CLOSED: 7:05 p.m. M/S: Hickey/Kelley to introduce Ordinance No. 802 by title only carried by a unanimous voice vote. M/S: Hickey/Kelley to introduce Ordinance No. 802, Ordinance of the City Council of the City of Ukiah amending Chapter 2, Division 9 of the Ukiah City Code by Rezoning Property for General Plan Consistency and Property Line Contiguity (Zone Change Application Nos. 83-40, 83-41, 83-42) carried by the following roll call vote: AYES: Councilmembers Kelley, Hickey, Myers, Feibusch NOES: None ABSENT: None Reg. Mtg. 2/2/83 Page 3 256 8b. To Consider Approximate Overall 5% Reduction To Utility Rates Public Works Director stated that Pacific Gas and Electric Company has reduced residential rates 5.8% and commercial users rates 5%, effective January 1, 1983. Pursuant to City Council policy the City's rates are to remain 5% below PG&E's base rate. Staff recommends Council approval of the proposed 5% rate decrease. PUBLIC HEARING OPENED: 7:08 p.m. Gary Akerstrom, 1440 Meadow, Ukiah favored any decrease in rates. However, he was of the opinion that if the City has a surplus, it should be used to decrease the hook-up charges, especially in regards to new businesses. He felt the high costs are a deterrent to new businesses moving into the area. City Manager responded that the proposed decrease is for usage rates per kwh, not capital improvement rates. This decrease does not speak to a surplus. It is a balance of what the City pays for electricity and what the customers are charged. PUBLIC HEARING CLOSED: 7:08 p.m. Councilmember Myers and Mayor Feibusch commented on Mr. Akerstrom's statement even though it was not the subject of this consideration. The discussion revolved around the matter of timing for payment of capital improvement fees. Mayor Feibusch requested the matter of capital improvement fees be placed on the agenda for the next meeting. M/S: Myers/Kelley to adopt Resolution No. 83-41, Resolution of the City Council of the City of Ukiah Adopting Electric Rate Schedule, carried by the following roll call vote: AYES: Councilmembers Kelley, Hickey, Myers, Feibusch NOES: None ABSENT: None PETITIONS AND COMMUNICATIONS 9a. Pacific Ambulance Company Appeal Planning Commission Action, Use Permit No. 83-37, 201E. Gobbi Planning Director stated the Planning Commission approved Use Permit No. 83-37 with specific conditions for Pacific Ambulance to establish an ambulance service at 201 E. Gobbi. The applicant opposes conditions 1 and 2, the elimination of the westerly driveway and also paving the lawn area for park- ing. The applicant is a tenant, not the property owner. The conditions of the use permit relate to improvements which might normally be considered to be imposed on the property owner as opposed to a specific tenant. The property owners are using office space in another building on the same parcel for Mendocino Health Group. The conditions in question were required due to impact on traffic and the opportunities for internal on-site circulation. Eric Bach, General Manager, Pacific Ambulance Company, 500 Cochrane Ave. stated that the conditions he is opposing put a hardship on his company. He noted that they only occupy one of three buildings on the property, which is a single parcel. He further noted that Pacific Ambulance was not only required to pave their driveway, but that of their neighbor's at 50lB Gobbi. He stated that the property owner will not pave the area, which will cause Pacific Ambulance to move. If the area is paved, the neighbor at 50lB will have to move as he will not be able to utilize a paved area. Mayor Feibusch referred to the problem the heavy traffic creates. He was of the opinion the lawn area should be utilized, but did not feel the westerly driveway should be closed. Councilmember Hickey did not feel it was appropriate to ask a tenant to put in curb, gutter and sidewalk, but did feel all the ingress and egress should be on Waugh Ln. Reg. Mtg. 2/2/83 Page 4 257 Councilmember Kelley agreed the tenant should not be asked to put in curb, gutter and sidewalk. He felt the responsibility was between the land owner and the renter. City Manager cautioned the Council to approach this as uses on a piece of property and not as a relationship between the renter and the property owner, and to then take whatever action they deem appropriate. M/S: Kelley/Myers to deny Appeal of Use Permit 83-27 and uphold the decision of the Planning Commission failed by the following roll call vote: AYES: Councilmembers Kelley, Myers NOES: Councilmembers Hickey, Feibusch ABSENT: None Applicant was referred back to the Planning Department to work out a compro- mise and agreed to do so. 9b. Staff Appeal Use Permit 83-44, North Counties Engineering Company Mayor Feibusch questioned the legality of the Planning Director appealing a Commission action. He also noted that an appeal of a use permit that was not needed was out of order, and asked for an opinion from the City Attorney. City Attorney interpreted the situation as the Planning Director making the appeal on behalf of the City Manager. City Manager clarified that the Plan- ning Director's memo to him indicates in the last paragraph that although the original application was filed as a use permit, a review of the requirements indicate that a site development permit is all that is necessary and therefore a public hearing is not required for the appeal. He also noted that his initial on the memo was meant as an approval to proceed with the appeal. Mayor Feibusch noted that the site development permit was approved 6 to 1 by the Planning Commission and was of the opinion that if staff was going to appeal a 6 to 1 vote of the Planning Commission that perhaps there was no need for the Commission. City Manager stated that being the first decision dealing with the Industrial Park, and being a decision that is precedent setting, it should be made by the Council. Councilmember Kelley felt that any development regarding redevelopment in that area should come before the Council. Council- members Hickey and Myers agreed. Planning Director stated the matter that was before the Planning Commission at its last meeting was in response to Condition #14 of the original approval which required a re-review of the architectural treatment of the buildings and the landscaping. The changes from the original proposal included modification of the arrangement of the buildings, a color scheme and additional land- scaping. The applicant indicated this was a temporary situation of five to ten years in which he is establishing his office at the Industrial Park to commence planning and implementation efforts for his 24 acre portion of the Park. Staff's concern is the "temporary type" facilities, visual impact on a major corridor and entry point to the City and as the initial activity within the Industrial Park the decision may be precedent setting in nature, and therefore requires review of the City Council. Gary Akerstrom, North Counties Engineering Company, 1440 Meadow Dr., stated he did not feel his proposal to be the first step toward creating the Industrial Park and did not envision it taking this form. The reason he chose this spot was that it was the only area not in the way of proposed utility lines, streets, grading, etc. He reviewed the steps he has taken in order to move his office building to this spot and the difficulties he encountered. He expressed feelings of unfair treatment as one of the main property owners of the subject area and felt if it continues it will be difficult for others to begin construction in the Park. He felt this was counterproductive to the money the City has already spent in an effort to build the Park. Councilmember Hickey asked the applicant how he planned to make it attractive and what he would do in 5 years, when the permit expired. Mr. Akerstrom~ stated that he changed the orientation of the building and added a mansard Reg. Mtg. 2/2/83 Page 5 258 treatment. If there is progress in the Industrial Park in 5 years, he did not anticipate any problem renewing the permit. However, if there is a more appropriate use for the area at that time, he would remove it. Mayor Feibusch felt that anything would be an improvement over what is cur- rently there. He also did not envision the Industrial Park taking off yet and therefore had no problem upholding the decision of the Planning Commission. M/S: Myers/Hickey to uphold the decision of the Planning Commission and issue a site development permit carried by the following roll call vote: AYES: Councilmembers Kelley, Hickey, Myers, Feibusch NOES: None ABSENT: None RECESSED: 8:05 p.m. RECONVENED: 8:15 p.m. UNFINISHED BUSINESS 10b. Report on CRIS Costs Planning Director stated in response to Council's request for information regarding the costs for development evaluations that two sets of costs are involved. The McCarty Manor run would cost approximately $150.00 for computer time and printouts and approximately four hours of staff time. The West Side Strategy run, being very complicated and a major undertaking, would be a minimum of one quarter person per year effort plus considerable hard cost for program modifications and computer operation by ABAG. CRIS is not programmed for inhabited areas. Two opinions were expressed - 1) the matter not be pursued too vigorously in view of the money already spent on the system and the limited applications 2) it would be a waste not to request a run after making the investment in CRIS. City Manager clarified that staff was not recommending to make the run on McCarty Manor, only reporting costs as requested by Council. He suggested that if the Council did want a run, a more appropriate project would be Las Casas. The costs per run were the same, regardless of what project. Planning Director stated the original discussions of CRIS included passing these costs on to the developer. It is too late to require this for Ukiah Green or McCarty Manor. However, Las Casas may be presenting a revised tentative map or final map for approximately 20 lots on Empire and Bush which would provide an opportunity to use the project as a test case and pass the costs on as development costs. M/S: Kelley/Myers to request a pilot CRIS run for the Empire/Bush portion of Las Casas and that the costs be passed on to the developer carried by the following roll call vote: AYES: Councilmembers Kelley, Myers, Feibusch NOES: Councilmember Hickey ABSENT: None NEW BUSINESS lla. Resolution Amending Personnel Rules, Employees Not Eligible for Overtime Compensation City Manager stated that the recent amendment to Chapter V, Section 1, City of Ukiah Personnel Rules does not provide that the position of Police Lieutenant be granted the extra five days management vacation. As this position is an exempt position from overtime, staff requests that it be added to the list. M/S: Hickey/Kelley to adopt Resolution No. 83-42, Resolution of the City Council of the City of Ukiah Amending Chapter 5, Section 1 of the City of Ukiah Personnel Rules carried by the following roll call vote: AYES: Council- members Kelley, Hickey, Myers, Feibusch NOES: None ABSENT: None Reg. Mtg. 212183 Page 6 259 llb. Resolution Authorizing Loan to Ukiah Redevelopment Agency and Approval of Agreement City Manager stated the Redevelopment Agency at their last meeting made a request of the City Council for a $10,000 loan, to be repaid by the Redevelop- ment Agency pursuant to the agreement from the first funds received by the Redevelopment Agency. He noted that as the Redevelopment Agency Commission- ers, they could determine when those funds are available and as Councilmembers they could determine when they would request repayment of those funds. The funds are specifically restricted in the Agreement to be used for a feasibil- ity study and an economic analysis. Discussion was had regarding conducting the market analysis and feasibility study covering the entire sphere of influence rather than one specific area. Councilmembers were interested in the impact this would have on the entire valley. M/S: Hickey/Kelley to approve Resolution No. 83-43, Resolution of the City Council of the City of Ukiah Authorizing Loan to Ukiah Redevelopment Agency, carried by the following roll call vote: AYES: Councilmembers Kelley, Hickey, Myers, Feibusch NOES: None ABSENT: None M/S: Kelley/Hickey to approve the budget transfer in the amount of $10,000 from General Fund Account No. 100-120-003 to Redevelopment Agency Account No. 960-240-001 carried by the following roll call vote: AYES: Councilmembers Kelley, Hickey, Myers, Feibusch NOES: None ABSENT: None M/S: Hickey/Kelley to authorize the Mayor and Clerk to sign the Agreement carried by the following roll call vote: AYES: Kelley, Hickey, Myers, Feibusch NOES: None ABSENT: None llc. Matter of Replacement of Resigned Councilmember M/S: Myers/Hickey that the Council make the replacement by appointment within 30 days carried by the following roll call vote: AYES: Councilmembers Kelley, Hickey, Myers, Feibusch. NOES: None ABSENT: None Discussion was had regarding methods of conducting the interviews. City Attorney stated there was nothing to prohibit the Councilmembers from talking to the applicants individually. M/S: Kelley/Hickey to ask for applications to be submitted by February llth, to advertise the opening, and vote on the appointment at the February 16th meeting carried by the following roll call vote: AYES: Councilmembers Kelley, Hickey, Myers, Feibusch NOES: None ABSENT: None lld. Bid Award, Aluminum Conductors, Lake Mendocino Feeder (Old 7d) Mayor Feibusch questioned the assurance that the project will proceed. Public Works Director ~tated staff believes it will proceed. If not, the conductors will have to be taken down. Councilmember Kelley asked if this was something we could use at a later date, if necessary. Public Works Director answered affirmatively. He stressed it was economically beneficial to do at this time during construction. M/S: Feibusch/Kelley to approve Consent Calendar Item 7d now lld, bid award, aluminum conductors, Lake Mendocino Feeder to G.E. Supply in the amount of $6,233.63 and to Wesco in the amount of $1,195.90 carried by the following roll call vote: AYES: Councilmembers Kelley, Hickey, Myers, Feibusch NOES: None ABSENT: None lle. Approval to Call for Bids, Turbine-generators and Valves, Lake Mendocino Project (Old 7g) Mayor Feibusch questioned the stage of this project. Public Works Director stated we need to firm the prices for this equipment prior to commitment by the City to sell the bonds. He noted the City is on schedule. Reg. Mtg. 2/2/83 Page 7 260 M/S: Feibusch/Kelley to approve Consent Calendar Item 7g, now lle, to call for bids, turbine-generators and valves, Lake Mendocino Project carried by the following roll call vote: AYES: Councilmembers Kelley, Hickey, Myers, Feibusch NOES: None ABSENT: None CITY ATTORNEY REPORTS 12a. Validity of City Ordinance, Two Foot Eave Requirement on residential Buildings, Including Mobile Homes. City Attorney responded to a previous request regarding the legality of the City requiring a two foot eave requirement on mobile homes. He stated that the ordinance requires a minimum two foot eave overhang for "any building constructed on a residential lot". This includes conventional homes and mobile homes. He further noted the City can provide architectural require- ments, limited to roof overhang, roofing material and siding material. He therefore determined the City is not in violation of its ordinance. City Council accepted the report. 12b. Publication of Summarized Ordinances City Attorney responded to the question raised regarding the procedure for publishing ordinances in summary form. Presently the City publishes ordi- nances in their entirety. He noted an alternate method which would permit the City to print a summary of the proposed ordinance at least 5 days before the date of adoption, and again not later than 15 days from the passage of the ordinance. In this case, the City Clerk must have a full copy of the ordinance in the office for public inspection. The summary must be fair and accurate. In certain cases, it would be too difficult to summarize. The City could then place a one quarter page display ad five days before adoption and again 15 days after adoption, again having a full copy in the Clerk's office for public inspection. City Council determined that the actual savings in regards to staff time involved in condensing the ordinances, and the printings would not be benefi- cial to the City. Mayor Feibusch requested staff to investigate the possibil- ity of the press reducing the size of maps for zone change legal ads so some savings could be realized. 12c. Refuse Nuisance Ordinance City Attorney stated that per a previous Council request he attempted to incorporate a Nebraska nuisance ordinance regarding refuse into Ukiah's. He discovered that the Ukiah ordinance covers all the matters covered by the Nebraska ordinance, including the right to place a lien on the property in the event it is not cleaned up. He referred to the property owner whose unkempt yard has prompted this research and noted that the appearance of the property has improved after receipt of his letter. Mayor Feibusch asked who enforces the ordinance. City Attqrney stated the City Manager, City Health Officer and the Chief of Police. CITY COUNCIL REPORTS Mayor Feibusch announced one vacancy on the Parks, Recreation and Cultural Arts Commission and one vacancy on the Airport Commission. He then asked the new Daily Journal publisher to come forward. Tom Reeves introduced himself, and gave a brief history of his newspaper experience. Mayor Feibusch asked him to consider printing the agendas of the City Council and Planning Commis- sion meetings as a public service. Councilmember Kelley discussed his involvement in the FAA negotiations to locate one of their flight service centers in Ukiah as part of their con- solidation. He asked for staff time and all Councilmembers agreed to it and to support his continuing efforts. Reg. Mtg. 2/2/83 Page 8 261 Councilmember Hickey stated he was. very pleased with the City of Ukiah's newsletter for January and February. ADJOURNED: 9:22 p.m. Sandra Gutierrez Secretary Reg. Mtg. 2/2/83 Page 9