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HomeMy WebLinkAboutmin 01-05-83240 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - JANUARY 5, 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: Feibusch, Kelley, Hickey, Riley. Absent: Councilman Myers Staff present: Payne, Orchard, Kruth, Beard, Harris, Tillotson, Gutierrez. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Kelley gave the invocation and Councilmember Hickey led the Pledge of Allegiance. ADDITION TO AGENDA M/S: Hickey/Kelley to add to New Business, 9E, Purchase of Fire Department Ladder Truck was carried by a unanimous voice vote. APPROVAL/CORRECTION OF MINUTES M/S: Feibusch/Kelley to approve Minutes of Regular Meeting of December 1, 1983 as amended carried by a unanimous voice vote. M/S: Kelley/Hickey to approve Minutes of Adjourned Regular Session, December 8, 1983 as submitted carried by a unanimous voice vote. RIGHT TO APPEAL PROCESS Mayor Riley reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. CONSENT CALENDAR Councilmember Feibusch requested that item 6k be pulled. M/S: Feibusch/Hickey to approve Consent Calendar Items 6a - 6j as follows: 6a. Payroll Warrants #21107 - 21242 & #21243 - 21377 6b. General Warrants #21474 - 21605 & #21606 - 21698 6c. Negative Declaration adequate and complete, Ukiah Green 6d. Approved Subdivision Improvement Agreement, Ukiah Green 6e. Approved exchange of easements, RCHDC & McCarty (Creekside Village and McCarty Manor) 6f. Claim for damages, Richard and Rcb~n Mummert, denied and referred to insurrance carrier 6g. Claim for damages, Ukiah Tour and Travel, denied and referred to insurance carrier 6h. Claim for damages, Susan Knopp, denied and referred to insurance carrier 6i. Claim for damages, Joann and Charles R. White, denied and referred to insurance carrier 6j. Award of contract, Traffic Signal Equipment Update, $21,839.18 Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Riley NOES: None ABSENT: Councilmember Myers. PETITIONS AND COMMUNICATIONS 7a. APPEAL, SITE DEVELOPMENT PERMIT NO. 83-32, MENDOCINO HEALTH GROUP Planning Director reviewed the staff report concerning action taken at the 12/8/82 meeting of the Planning Commission. Applicant did not state the specific conditions which are the subject of the appeal. Staff recommends City Council uphold the Commission's conditions of approval. Dr. James Katzel, 1540 James Street stated that the Mendocino Health Group plans on developing low cost health care which will provide alternative emergency services. The facility will generate a lot of traffic; therefore, Reg. Mtg. 1/5/83 Page 1 241 as many parking spaces as possible will be needed. He reviewed the overall appearance of Waugh Lane from Gobbi to Talmage, citing its inconsistencies and what he considered to be poor planning. In his opinion sidewalks constructed in 1976 under the CETA Program are functional and should not be reconstructed at this time. Council asked for the plans for the street and the reason why the radius was not installed in 1976. Public Works Director stated the policy is for each property owner to make these improvements as they develop their property. Also the radius was not installed originally because the zoning was different at that time and the time schedule did not permit the City to acquire rights-of-ways in conjunction with the CETA Sidewalk Program. M/S: Feibusch/Hickey to grant the Appeal to Site Development Permit No. 83-32, only in regards to conditions for improvements to the corner of Waugh and Gobbi, providing the applicant dedicate the land to the City to facilitate enlargement of the radius at a future time. The following roll call vote resulted in the appeal being denied: AYES: Councilmembers Feibusch, Riley NOES: Councilmembers Kelley, Hickey ABSENT: Councilmember Myers. M/S Feibusch/Hickey to continue this to the next regular meeting in January was carried by a unanimous voice vote. 7b. APPEAL, SITE DEVELOPMENT PERMIT NO. 83-33, POOL Mayor Riley announced that the applicant had requested that this item be pulled from the agenda. 7c. LETTER FROM UKIAH VALLEY SANITATION DISTRICT Dan Hamburg, Chairman, Ukiah Valley Sanitation District, expressed concerns relating to organizational as well as operational issues. He indicated that some questions have been answered but some concerns still exist. He referred to the 3rd Supplemental Agreement and stated there have been many years where the contract has not been closely adhered to, particularly as it pertains to annual review of the ratios. He asked the City to provide specific information contained in his December 27, 1982, letter pertaining to the 20% billing charge, total actual cost of operation, maintenance & expansion of the treatment as well as total number of actual hookups since 1955. City Manager spoke to the subject of procedure and stated we have been working with a subcommittee and now the District is asking for information directly. He indicated an interest in the subcommittee still having input. M/S: Kelley/Feibusch to provide the financial information to the Board of Directors of the Ukiah Valley Sanitation District carried by a unanimous voice vote. 7d. REQUEST FOR ENDORSEMENT OF COMMUNITY SURVEY M/S: Hickey/Feibusch to endorse the community survey compiled by the Survey Committee on Economic Issues and Priorities (SCOEIP) carried by a unanimous voice vote. UNFINISHED BUSINESS 8a. RESOLUTION APPROVING REVISED PLANNING FEES City Manager pointed out that the only increase in fees was for General Plan Amendment and Zone Changes. He also noted that the proposed General Plan Amendment Fees are $350, not $300. Mayor Riley felt the General Plan Amendment fees should be $200 and the Zone Change fees should be $100. M/S: Hickey/Kelley to adopt Resolution No. 83-40, Resolution of the City Council of the City of Ukiah Establishing and Revising Fees for Planning and Zoning Activities carried by the following roll call vote: AYES: Reg. Mtg. 1/5/83 Page 2 242 Councilmembers Feibusch, Kelley, Hickey NOES: Councilmember Riley ABSENT: Councilmember Myers. Mayor Riley was in favor of the fees, but felt those proposed here are too high. 8b. ADOPT ORDINANCE NO. 801, AUTHORIZING LEASE PURCHASE AGREEMENT, REFA M/S: Hickey/Feibusch to adopt Ordinance No. 801 by title only carried by a unanimous voice vote. M/S: Feibusch/Hickey to adopt Ordinance 801, An Ordinance of the City Council of the City of Ukiah Approving and Authorizing Execution of Lease-Purchase Agreement with the Redwood Empire Financing Authority carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Riley NOES: None ABSENT: Councilmember Myers. NEW BUSINESS 9a. MATTER OF PARKING LOT RENEWAL LEASE City Manager addressed several issues and made the following recommendation: Move the location of the parking spaces to the southwest corner of the lot in order to free prime spaces for downtown shoppers; approve a five year lease but without an option to renew; meet the request for five additional spaces; provide flexibility to move the spaces within the same lot in the event the City proceeds to build on that lot; increase remuneration to the City for leased spaces to $10.80 per space; paint double yellow lines behind the proposed parking area and install identification signs purchased by the Post Office. M/S Hickey/Kelley that the Mayor and Clerk be authorized to execute an agreement with the Postal Service which incorporates staff recommendations allowing a renewal option failed by the following roll call vote: AYES: Councilmember Hickey NOES: Councilmembers Feibusch, Kelley, Riley ABSENT: Councilmember Myers. M/S: Feibusch/Kelley to authorize the Mayor and Clerk to execute an agreement with the Postal Service for a five year lease with no option to renew and incorporate all other staff recommendations carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Riley NOES: None ABSENT: Councilmember Myers. 9b. REPORT ON CABLE TV FRANCHISING City Manager reviewed the staff report. Our franchise with Group W expires in May, and Group W's three franchises with the County of Mendocino and cities of Willits and Fort Bragg will expire subsequently. All agencies have agreed to pursue unified negotiations. There are firms in the private sector available to conduct need studies and to negotiate franchise renewals. One firm has been interviewed and the cost would be approximately twenty thousand dollars. The agencies have agreed to split the cost; therefore, the City of Ukiah would be responsible for one-sixth of the cost, or approximately, $3350. City Manager also noted a controversy with Group W over approximately $5800 due the City, which he believed has been resolved. M/S: Feibusch/Kelley to recognize the $5,860 additional revenue, authorize City Manager to negotiate up to $5000 and to invite the consultant to address the Council carried by a unanimous voice vote. Councilmember Kelley noted this will be a perfect opportunity for the governing bodies of Mendocino County to demonstrate how well they can work together. Mayor Riley was of the opinion that the City Council should take a role in seeing what happens and deciding what the system should have, by meeting with a consultant. Reg. Mtg. 1/5/83 Page 3 243 9c. APPROVAL OF ARBITRATION AGREEMENT, NCPA & PG&E City Manager recommended Council approval of the arbitration agreement to resolve differences between NCPA and PG&E regarding the Interconnection Agreement. M/S Hickey/Feibusch to approve the Arbitration Agreement as proposed carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Riley. NOES: None ABSENT: Councilmember Myers. 9d. ~TTER OF UNMET TRANSIT NEEDS IN THE CITY OF UKIAH Councilmember Kelley, the City's representative to the MTA, requested that the Council request MTA tc budget next year for the unmet transit needs of nightime and Sundsy taxi ~e~vice in Ukiah. He noted this is just a formality as the MTA is ready to address the issue. M/S: Kelley/Hickey to send a letter to the MTA Board of Directors suggesting that nightime and Sunday taxi service is an unmet transit need and requesting them to budget for it next year carried by a unanimous voice vote. 9e. PURCHASE OF FIRE TRUCK City Manager noted this is an informational item with no action required. The City of Ukiah's bid for a 1961, rebuilt in 1978-79, 85 foot ladder truck has been accepted by the City of Rialto. A new ladder truck would cost $220,000. Our bid was for $38,000 and it will arrive next week. 9f. REPORT OF ADMINISTRATIVE ACTIONS & PROPOSALS (R.A.A.P.) (old item 6k) Councilmember Feibusch's concerns dealt with accuracy and redundancy of minutes and excessive amount of paperwork. M/S: Feibusch/Kelley to approve the Report of Administrative Actions & Proposals (R.A.A.P.) carried by a unanimous voice vote. CITY COUNCIL REPORTS Councilmember Feibusch asked the City Attorney if he has investigated the possibility of summarizing legal ads as he suggested. City Attorney stated the report has not yet been prepared. Councilmember Feibusch reported on the recent meeting of the Old Yokayo School Site. Ten requests for proposals from structural engineering firms regarding the feasibility of rehabilitating the Old Yokayo School were received. The top four firms will be contacted to provide dollar figures. The Committee has been instructed that we will not make any move until a firm title clearance on the property is obtained. Councilmember Feibusch expressed concern with Section 9175 of the Zoning Ordinance regarding minimum eave overhang. In his opinion it is an attempt to circumvent State Law. He requested the City Attorney to look into this matter. Councilmember Feibusch stated he has been questioned why the City Electrical Department worked on New Year's Day to remove the Christmas decorations. Councilmember Kelley announced that the Ukiah Players Board met today and that they are booked weekends through March. Councilmember Hickey wished everyone a Happy New Year. Mayor Riley announced that per a letter from the League of California Cities, Governor Deukmejian wants to appoint two new members to the Coastal Commission Reg. Mtg. 1/5/83 Page 4 244 and has requested a meeting of the City Selection Committee to appoint the new members. Mayor Riley announced the Redwood Empire League of California Cities meeting is on January 15, 1983 in Benecia and asked if anyone besides Councilmember Myers will be attending. Councilmember Kelley said he would attend. Mayor Riley suggested everyone look at a book from the Office of Planning and Research which contains legislation passed. It does have several kinds of special interest legislation that changes composition of boards of various districts, including sewage districts. Adjourned to Executive Session at 7:58 p.m. Executive Session reconvened at 8:10 p.m. and took the following action: M/S: Kelley/Hickey to approve a budget transfer up to $10,000 for continuation of legal services in pursuit of preliminary Warm Springs Permit carried by the following roll call vote: AYES: Councilmembers Kelley, Hickey, Riley NOES: Councilmember Feibusch ABSENT: Councilmember Myers. ADJOURNED: 8:25 p.m. Sandra Gutierrez Secretary Reg. Mtg. 1/5/83 Page 5