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HomeMy WebLinkAboutMin 11-17-82223 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - NOVEMBER 17, 1982 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: Feibusch, Kelley, Hickey, Myers, Riley. Staff present: Payne, Orchard, Kruth, Harris, Tillotson, Gutierrez INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Myers gave the Invocation and Councilmember Hickey led the Pledge of Allegiance. PROCLAMATION Mayor Riley read a proclamation and presented it to a representative of the Cancer Society for the Great American Smokeout, November 17, 1982. APPROVAL/CORRECTION OF MINUTES M/S: Myers/Kelley to approve Minutes of Regular Meeting of November 3, 1982 as amended. Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Myers, Riley NOES: None ABSTAIN: Councilmember Hickey ABSENT: None RIGHT TO APPEAL PROCESS Mayor Riley reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. CONSENT CALENDAR Councilmember Myers requested that Item 7e be pulled. M/S Myers/Kelley to approve Consent Calendar Items 7a, 7b, 7c, 7d, 7f as follows: 7a. Payroll Warrants #20833-20969, $ 70,082.56 7b. General Warrants #21252-21391, $ 1,254,134.00 7c. Resolution No. 83-34 Authorizing filing CBDG application 7d. Acceptance of agreement, commercial waste haulers 7f. Approved Report of Administrative Actions and Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None PETITIONS AND COMMUNICATIONS 8a. LETTER FROM ARLENE HUGHEY, 602B N. STATE RE EXCESSIVE NOISE, T.K. MINING COMPANY Arlene Hughey, 602 N. State Street, who lives across the street from T.K Mining Co. reviewed her experiences with the various businesses in this location over the past several years. She stated that during the period that the most recent owner, Rocky's Pizza occupied the building, she was not disturbed by excessive noise. Although she was happy with the improvements the new owner has made to the building, since T.K. Mining opened she has been disturbed by excessive noise both from the interior and exterior, long past the 2:00 a.m. hour of closing and general disorderly behavior of the customers outside. Her main objections related to a need to re-evaluate pre-existing businesses, a need for review of parking, which in this case is not adequate, and the fact that the decibel rate in the existing noise ordinance is too high. She further noted that there is no restaurant on the premises as was intended by the business license and building permit issued to owner. Mrs. Sousa, N. State Street, who lives across the street also complained of lack of sleep due to the noise from T.K. Mining and the rowdy customers. She was not opposed to a bar and restaurant, but was opposed to a disco or nightclub. Reg. Mtg. 11/17/82 Page 1 225 Waugh & Gobbi - change from Industrial to Commercial Orchard Avenue West - there was no specific recommendation although the consideration was to change the area from Medium Low Density Residential to Commercial or Office Commercial North Oak, Henry to Gibson Street - retain Office Commercial and not change it to High Density Residential Planning Director further noted that the Planning Commission recommended the noise element designation for the City of Ukiah be "Urban". Figure 3 reflects the boundaries of the City with the Munson-Hastings addition. Tables I, II, and III reflect population changes. PUBLIC HEARING OPENED: 7:25 P.M. Drive In Theater Property Letha Atkinson, Dora St., was concerned about a sewage problem that has existed in the area and also the additional traffic the project would generate. She was not opposed to the development, but wanted to be sure these matters are addressed. Sherry Pardini, 1209 S. Dora shared the same concerns as Mrs. Atkinson. Wau~h and Gobbi No one spoke in favor or against the change. Orchard Avenue West Tom Goforth, 981 St. Francis Way, had provided a petition in favor of the zone change. He felt that with an average 5,500 vehicles a day the area was not suitable for children and it would serve as a buffer zone. Betty Austin, 599 Plum Dr., opposed the proposed change. She read a power of attorney given to her from Nancy Biggins, attorney at law, to represent her in opposition of the change. She was concerned with traffic, parking and noise. She felt that there is sufficient office space available in Ukiah and that housing is needed more than offices. Howard McPherson, 536 Stella, favored the change. His comments were directed to the increase of traffic in the area. Dave Shell, 184 S. Orchard noted that 3/4 of the street is already designated Commercial, and the change would have a minimal effect on noise and traffic. He further noted that the General Plan identifies Orchard as a major artery for vehicular traffic. In order to be consistent with the General Plan, he favored the change to Commercial or Office Commercial. Dick Thornton, 700 Bel Arbres, Redwood Valley, used to live in the area and still owns a home there. In order to be able to sell it as Office Commercial, he favored the change. Kathryn Thompson, 382 Warren Dr., has lived there since 1954 and does not want to see anymore changes. Mrs. Shutz, 598 Plum Dr., indicated she likes the area as it is and asked the Council not to make any changes. Mary Oakes, a resident in the Orchard area since 1955, stated she is against any land use change. Reg. Mtg. 11/17/82 Page 3 226 North Oak, Henry to Gibson Creek Vivian Young, 145 N. Pine, felt the street is too narrow and was opposed to the High Density Residential recommendation. Henry Nelson, 216 W. Henry, was of the opinion that the buffer zone has already been established by the Commercial classification. He also felt that the Commercial nature would help preserve the Victorian character of the homes and that High Density Residential would lead to their destruction and the eventual leveling of them in order to build apartment buildings. Bill Hook, 417 N. Oak, opposed the change. DOCUMENTATION CHANGES No one spoke in favor or against the changes. PUBLIC HEARING CLOSED: 8:00 P.M. Drive In Theater Property Planning Director addressed the concerns of Mrs. Atkinson and stated that staff is not aware of any existing sewer problems but that both the sewage line and plumbing needs would be the responsibility of the developer. He noted that the matter of traffic was addressed and there would be access from Washington. Public Works Director stated the drainage will be channeled through Doolin Creek and will require special planning when it is developed. M/S Myers/Feibusch to approve as recommended to change the 14 acres of Drive In Theater Property from Medium High Density Residential to High Density Residential carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Myers NOES: Councilmember Riley ABSENT: None Waugh and Gobbi, East of R.R. M/S Hickey/Kelley to approve the change from Industrial to Commercial for the Waugh and Gobbi parcel carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley. NOES: None ABSENT: None Orchard Avenue West Councilmember Feibusch opposed the change of Orchard Avenue West to Commercial as the majority of the residents opposed it, whereas the majority of those who signed the petition in favor of the change are not area residents. Councilmember Hickey noted the validity of the change but felt that as 12 of the 15 homes in the area do not face Orchard, he would refrain from changing it to Commercial. Councilmember Kelley noted that shopping center developers look for residential areas in which to build. He favored retaining the Medium Low Density Residential Classification. Councilmember Myers concurred with the other councilmembers. M/S Feibusch/Kelley to retain the existing Medium Low Density Residential classification for Orchard Avenue West carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None N. Oak, Henry to Gibson Creek Mayor Riley and Councilmembers Kelley and Myers stated they lived close by the North Oak, Henry to Gibson Street area and asked if they should abstain from voting. City Attorney determined there was no conflict of interest as they did not live within the designated area. Reg. Mtg. 11/17/82 Page 4 227 Councilmember Kelley was of the opinion that Oak St. was too narrow to accommodate more parking or traffic for a High Density Residential area. He would, however, favor Commercial for those properties fronting on Henry St. Councilmember Feibusch asked how many parcels in this area are presently used as commercial. Planning Director answered there were four. Councilmember Feibusch suggested grandfathering the existing commercial properties and only changing those that front on Henry St. to Commercial. Councilmember Myers questioned the authority of the Council to make changes in the proposal without sending it back to the Planning Commission for their review. He referred to the Notice of Public Hearing and noted that it stipulated a change to High Density Residential only. M/S Feibusch/Hickey to retain the North Oak, Henry to Gibson Creek area as commercial carried by the following roll call vote: AYES: Feibusch, Hickey, Myers, Riley NOES: Councilmember Kelley ABSENT: None M/S Feibusch/Kelley to resubmit the matter as a 1983-A General Plan Amendment change including R-1 as well as Commercial was carried unanimously by voice vote. RECESS: 8:29 P.M. - RECONVENED: 8:42 P.M. DOCUMENTATION CHANGES Noise Element Councilmember Hickey felt our noise standards should be addressed as an individual issue and we should not try to fit ourselves into a category determined by the County. Mayor Riley did not agree that "Urban" was appropriate for Ukiah and asked if we change our standards to "Rural Suburban" do we have to change our Noise Ordinance to conform? City Manager answered affirmatively. M/S Hickey/Myers to apply "Rural Suburban" noise standards to the City of Ukiah carried by the following roll call vote: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None Figure 3, Table I, Tables II, III M/S Kelley/Feibusch to adopt staff recommendations on the last three documentation change items carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None UNFINISHED BUSINESS 9a. ADOPT ORDINANCE NO. 799 AUTHORIZING AMENDMENT TO CONTRACT WITH PERS M/S Feibusch/Kelley to adopt Ordinance No. 799 by title only was carried by a unanimous voice vote. M/S Myers/Hickey to adopt Ordinance No. 799, An Ordinance of the City Council of the City of Ukiah Authorizing an Amendment to the Contract Between the City Council and the Board of Administration of the California Public Employees Retirement System, carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None Reg. Mtg. 11/17/82 Page 5 228 9b. ADOPT ORDINANCE NO. 800 REZONING PROPERTY FOR GENERAL PLAN CONSISTENCY (ZONE CHANGE APPL. NOS. 83-15, 83-16, 83-17, 83-18, 83-19, 83-20, 83-22) M/S Kelley/Myers to adopt Ordinance No. 800 by title only was carried by a unanimous voice vote. M/S Hickey/Myers to adopt Ordinance No. 800, 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 (Zone Change Application Nos. 83-15, 83-16, 83-17, 83-18, 83-19, 83-20, 83-22) carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley Noes: None ABSENT: None CITY MANAGER RECOMMENDATIONS 10a. RESOLUTION NO. 83-35 AUTHORIZING MAYOR TO EXECUTE JPA BETWEEN CITIES OF ARCATA, CLOVERDALE, HEALDSBURG, SEBASTOPOL, SONOMA & UKIAH City Manager reviewed the staff report and made the following points: The low interest financial savings would clearly be in the City's best interest; the cities involved are the same cities belonging to R.E.M.I.F.; as a member, the City could still maintain autonomy regarding its involvement in each individual issue; joining with other agencies would lower administrative costs. M/S Hickey/Feibusch to adopt Resolution 83-35 authorizing Mayor to execute JPA between Cities of Arcata, Cloverdale, Healdsburg, Sebastopol, Sonoma and Ukiah carried by the following roll call vote: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None NEW BUSINESS lla. MATTER OF VEHICLES ON STREETS, 72 CONSECUTIVE HOURS OR MORE (FEIBUSCH) Councilmember Feibusch explained the circumstances which brought this matter before the Council. He felt that some action needs to be taken for those residents who do not have their parking needs met sufficiently. Mayor Riley felt we need some limit to keep people from keeping junkers on the road. Lee Logan, author of the letter to Councilmember Feibusch was present to state his concerns on the matter. Councilmember Hickey noted the State has a five day limit. He felt that some discretion needs to be applied if it is determined that the vehicle is registered to the address at which it is parked and not abandoned or inoperable. City Manager pointed out that the police generally do not look for violaters, but respond to calls of complaint. More complaint calls come in to City Hall regarding this problem than any others. Removal of the 72 hour limit may cause greater problems. Councilmember Myers indicated more information from the Police Chief would be helpful. M/S Feibusch/Kelley to instruct the City Attorney to research how the State handles the problem and to confer with the Police Chief for any suggestions he may have was carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None llb. MATTER OF UNSIGHTLY OBJECTS STORED IN FRONT YARDS (FEIBUSCH) Councilmember Feibusch provided the City Attorney with a Nebraska ordinance on this. Reg. Mtg. 11/17/82 Page 6 229 City Attorney explained that his first impression was that our ordinance was adequate. On further investigation he found a great deal of specific language in the Nebraska ordinance and felt we could incorporate some of the items with ours. He indicated if the City Council so desires he could formulate a new ordinance. Hank Basil, Mill Ct, brought this to the City Council's attention. He asked the Councilmembers to drive by the house in question to see for themselves that it is a nuisance. He felt the Police had done nothing to solve the problem and it was impossible to deal with the owner. He presented photographs to the Council. M/S Feibusch/Kelley to instruct the City Attorney to prepare a draft ordinance for the City Council to review was carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None llc. MATTER OF LIMITATION ON BUSINESS LICENSE FEES (KELLEY) City Manager reviewed his memo of July 29, 1981. He stated there has been a court decision since that time in favor of San Francisco. City Attorney stated the matter will be in the courts for some time. Councilmember Kelley indicated he intended this to be a discussion item only and did not expect a decision to be made. The matter was brought to him by one of the businessmen who asked if the business license fee could be in proportion to the amount of profits earned. Councilmember Kelley did not concur that business license fees should be raised in accordance with earnings. However, if there could be some purpose, such as removing parking meters, he would favor raising the limit. Councilmember Hickey noted that the business license fee is merely a revenue gathering for the City and those who earn more are paying more taxes. Councilmember Feibusch agreed and noted that the merchants have already assessed themselves a higher fee. Business conditions are such with the present economy that a higher fee may not be appropriate at this time. He felt this was not equitable for the auto dealers who would have to pay a tremendous fee and it may put them in the red. Councilmember Kelley stated that this was brought to him by Art Poma who spoke for the downtown merchants and stated they would be willing to sign a petition. Mayor Riley favored eliminating the parking meters but did not feel all the businessmen would favor this method. Councilmember Myers noted that last year a high volume auto dealer moved out of the City, and felt this would be harmful to PG&E and Pacific Telephone. He suggested discussing the parking meters in budget hearing sessions. No action was taken. lld. BID AWARD, LOW GAP ROAD PROJECT City Manager felt the County should pay for a portion of the improvements as their buildings are on the property involved. The County has indicated a willingness to cooperate by sending a check in the amount of $982.86 to cover the cost of 951 feet of curb, gutter and sidewalk. As the project has been in the works so long, City Manager recommended accepting the check from the County and awarding the bid to RAO Construction Company. Councilmember Kelley felt it was unfortunate that no local bidders were even within 20% of the low bid. Public Works Director explained that a local firm is the subcontractor. Reg. Mtg. 11/17/82 Page 7 23O M/S Feibusch/Hickey to award the contract to RAO Construction Company in the amount of $209,288.80 was carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None lle. RESOLUTION NO. 83-36 AUTHORIZING ESCROWING OF CONTRACT RETENTION FUNDS M/S Feibusch/Kelley to adopt Resolution No. 83-36, Resolution of the City Council of the City of Ukiah Authorizing Escrow Agreement for Deposit of Contract Retention Funds - Wastewater Treatment Plant Project, W.R. Thomason, Inc., Contractor carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None llf. AUTHORIZATION TO ESTABLISH DOWNTOWN BUSINESS IMPROVEMENT & PROMOTION FUND (old 6e) Councilmember Myers asked for a clarification of this item. City Manager stated it is a matter of bookeeping. The fund is already established. This will allow a more efficient way of administering it. M/S Myers/Kelley to authorize establishment of the Downtown Business Improvement and Promotion Fund carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley CITY COUNCIL REPORTS Councilmember Feibusch presented an advertisement he received in the mail to the City Manager for investigation of the firm to determine if they were legally licensed to operate in Ukiah. He asked to agendize the Bert Hinds matter again for the next meeting. He then suggested the next budget's index also contain the Code numbers for easier reference. Councilmember Hickey thanked the Council for their good wishes during his ill health and noted it was good to be back. Councilmember Myers announced the California Agriculture meeting on Friday, November 19 and stated he will not be in attendance. ADJOURNED - 10:50 P.M. to closed session. City Council reconvened at 11:00 to discuss personnel matters and took no action. ADJOURNED - 11:00 P.M. Sandra Gutierrez Deputy City Clerk Reg. Mtg. 11/17/82 Page 8