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HomeMy WebLinkAboutMin 11-03-82217 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - NOVEMBER 3, 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, Myers, Riley. Councilmember Hickey was absent. Staff present: Payne, Orchard, Kruth, Harris, Tillotson, Gutierrez INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Kelley gave the Invocation and Councilmember Feibusch led the Pledge of Allegiance. PROCLAMATIONS Mayor Riley noted that the proclamation for "Ukiah Playhouse Week" has already been presented. She then made the following proclamations: 1) November as "Veterans's Call to Unity Month" 2) The Week of November 6 - 7 as "Expo Unlimited Week" 3) The first week in November as "Telephone Pioneer Week" APPROVAL/CORRECTION OF MINUTES M/S: Feibusch/Myers to approve Minutes of Regular Meeting of October 20, 1982 as amended. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Myers, Riley NOES: None ABSENT: Hickey RIGHT TO APPEAL DECISION Mayor Riley reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. CONSENT CALENDAR Councilmember Feibusch requested that Item 7d be pulled. M/S: Feibusch/Kelley to approve Consent Calendar Items 7a, 7b, 7c, 7e, 7f as follows: 7a. Payroll Warrants, # 20695-20832, $ 82,189.72 7b. General Warrants, # 21184-21251, $143,967.61 7c. Bid award for transformers to McGraw-Edison Company in the amount of $9,267.58. 7e. Acceptance of park project at high school and authorize City Clerk to file Notice of Completion. 7f. Approved Report of Administrative Actions & Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Myers, Riley NOES: None ABSENT: Hickey UNFINISHED BUSINESS 9a. MATTER OF BERT HINDS CULVERT INSTALLATION This matter was discussed and background given at the last City Council meeting. Staff continues to suggest that the neighbors get together and work this out with the person who does not appear to want to give an easement. Mr. Hinds stated he has not been able to contact Mrs. Cook. Councilmember Feibusch visited the site today and felt it was a sad state of affairs that one person should hold out. The neighbors have told him it is impossible to deal with the property owner who is not favorable to the project. Mayor Riley asked Public Works Director if there was any way to work around this property in order to offset the drainage. Public Works Director stated as there is limited access to the property, there is no way to work arount it. Reg. Mtg. 11/3/82 Page 1 218 Discussion was had regarding the City's right of eminent domain in order to obtain the easement needed. It was determined to be a rather long, complicated and costly procedure. The City Attorney pointed out that the property owner has the right to challenge this, that if the City does not prevail in the action, the City would be faced with the legal fees, and that it may take as long as three to six months to get a court date. Each step has to be taken one at a time in order to have jurisdiction to proceed. Councilmember Kelley was concerned that the Council may set a precedent by establishing a policy that all creeks have to have culverts, and asked for policy clarification. Councilmember Myers also agreed that although the culvert would be a benefit, he did not want to set a precedent either. If we do enter an agreement to supply labor and materials, it would have to be consolidated by the parties involved. Mayor Riley expressed her feelings that when possible, creeks should remain in their natural state. Councilmember Feibusch noted that the City has an obligation to do something about the drainage, and take into consideration that we paved over this area and thus caused part of the problem. M/S: Feibusch/Riley to pursue eminent domain in the Hind's culvert installation with an amendment that it is because of the drainage and not a general policy to install culverts on all creeks. The motion failed on the following roll call vote: AYES: Feibusch, Riley NOES: Kelley, Myers ABSENT: Hickey. No other motion followed. PUBLIC HEARING 7a. USE PERMIT APPLICATION NO. 83-11, UKIAH GREEN, TO CONSTRUCT 38 RENTAT. UNITS, OBSERVATORY AVE. (ADOPT RESOLUTION) Planning Director explained that the Rooftree, Inc. proposes a 38-unit low and moderate income rental development project on 2.6 acres of the old State Drive-In Theatre property fronting on Observatory Ave. As the property is classified Medium High Density, 8 to 14 units would be allowed. Applicant is requesting a density bonus of 22.6% (7 units), which was recommended and approved by the Planning Commission. Staff's main concern was the access requirement for a 50 ft. improved public right-of-way from Observatory to the southerly property line and applicant has indicated he does have the capability and willingness to complete the street as requested. The project will meet the need for low and moderate income housing in the community. Staff recommends approval of the project. Mayor Riley asked for clarification regarding the 50 ft. public right-of-way and asked if it should be specified that this is at the developer's expense, or if it was assumed. Planning Director answered that it is presumed to be done at the developer's expense. Mayor Riley's last question concerned the street light on State Street, and asked if this project will tie in to the signalization fund. Planning Director answered that at this point in time we do not know. Councilmember Kelley expressed concern that someone may realize a windfall due to the nature of the low and moderate housing and asked if there was a time limitation to the low and moderate housing? Planning Director stated that as the project is funded by Farmers Home Administration, a 20 year agreement is signed, and therefore no one will realize a short term windfall. PUBLIC HEARING OPENED: 7:10 P.M. George Rau, 100 N. Pine St., introduced himself as the representative for Rooftree, Inc. and informed the Council that he was here to answer any questions. No one spoke in favor or in opposition to the project. Reg. Mtg. 11/3/82 Page 2 219 PUBLIC HEARING CLOSED: 7:12 P.M. Councilmember Kelley asked if the project must come under an architectural review. Planning Director stated that as part of the approval of the Use Permit, the elevations were reviewed by the Planning Commission. Councilmember Feibusch questioned the 2 ft. overhang, and was assured by the Planning Director that they were in the plans, as required on all buildings. Councilmember Myers referred to the master plan proposed for that area and asked if this project would tie in to Talmage. Planning Director stated that the 2.6 acres is only a small portion of the 14 acres and does not relate to Talmage extension. The main concern was assuring that there would be access out to Observatory from this project. M/S Feibusch/Kelley to adopt Resolution No. 83-33 approving Use Permit No. 83-11, Ukiah Green. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Myers, Riley NOES: None ABSENT: Hickey 7b. ZONE CHANGES TO BRING EXISTING ZONING INTO CONFORMANCE WITH LAND USE DESIGNATIONS OF CITY GENERAL PLAN AND INTRODUCTION OF ORDINANCE. Planning Director explained that these zone changes are related to the General Plan Amendment 1982B and are required for consistency with the determinations that were made with that amendment process. PUBLIC HEARING OPENED: 7:20 P.M. Mayor Riley read the following list of the seven proposed zone changes and asked for comments from those who would like to speak in favor or in opposition to the changes. 1) No. 83-15, Waugh East/Gobbi-Cooper 2) No. 83-16, Waugh East/Cooper-Marlene South 3) No. 83-17, Waugh & Betty/Marlene-Talmage 4) No. 83-18, Norton Street 5) No. 83-19, Oak Street 6) No. 83-20, Marshall Street 7) No. 83-22, Low Gap Mortuary There was no public input. PUBLIC HEARING CLOSED: 7:21 P.M. M/S: Myers/Kelley to read the ordinance by title only. Motion carried by a unanimous voice vote. M/S: Myers/Kelley to introduce Ordinance No. 800 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, 81-19, 83-20, 83-22). Motion carried by the following roll call vote: Councilmembers Feibusch, Kelley, Myers, Riley NOES: None ABSENT: Hickey Mayor Riley wanted to clarify for the record that although she voted for approval of the zone changes she does not agree with all of them. Councilmember Feibusch requested staff to look into the budget regarding widening Waugh Lane from Marlene to Talmage. Reg. Mtg. 11/3/82 Page 3 UNFINISHED BUSINESS 9b. MATTER OF WARREN BLODGETT'S REQUEST FOR REMOVAL OF RESTRICTIONS FOR PRIVATE TAXI City Manager reported that Mr. Blodgett requested the removal of restriction of hours of operation placed on him in the operation of his taxi service so that he could operate in Ukiah 24 hours a day. Council wanted to forward the matter to MTA for their opinion before proceeding with this matter. Mr. Blodgett, Lakeport, stated that he did attend the MTA meeting but did not know what conclusions they came to. Councilmember Kelley informed the Council that MTA requested Mr. Bruce Richard to attend the meeting to speak on the subject matter. Mr. Richard stated that Mr. Wells, of MCOG planned on attending the meeting tonight. He presented to Mayor Riley a letter from MCOG addressed to her. Mayor Riley then read the letter into the record. The letter stated that MCOG reviewed the current status of discussions between the City of Ukiah and MTA relative to regulations of private taxi operators. The consensus was that MCOG favored a change in the regulations to allow private taxis to either pick-up or discharge passengers within the City limits. However MCOG was concerned that the City of Ukiah would totally deregulate private taxi operations. It noted that when the City owned Dial-A-Ride, it issued no permits or licenses thus precluding competition from the private sector. Total deregulation would affect the cost effectiveness of the Dial-A-Ride operation and could result in elimination of the service. Mr. Richard noted that the MTA Board of Directors of MTA voiced similar concerns. He felt that the City has an investment in public transit through its JPA that establishes MTA and through the financing provided by SB325. Councilmember Myers asked Mr. Richard to clarify if MCOG was advocating a liberalization of the regulations allowing private operators to pick up within the City limits as long as the destination is outside the City limits and to pick up outside the City limits as long as the destination is into the City limits. Mr. Richard answered affirmatively and noted that he failed to mention that this request was left standing by the MTA Board. Mayor Riley stated that the opinion of the City Attorney is that we cannot regulate within the service area of MTA which is larger than our City. She asked Mr. Richard if it would be acceptable to MTA to deregulate only within the City limits? Mr. Richard answered that this specific issue was not addressed by the board, but mentioned that 95% of their business is within the City limits of Ukiah. City Manager informed the Council that there is nothing in the Municipal Code which allows restriction of the operation of private operators. It was done as there was a request to do so from another subsidized governmental operation. He was of the opinion that it was not an either/or situation and that both could operate. He also asked the Council to weigh not only Mr. Richard's concerns but also the aspect that the restrictions force the private industry not to operate a taxi service. Would MTA then operate 24 hours a day? Councilmember Feibusch asked the City Attorney if we could add something in the City Code allowing us to issue an exclusive franchise. City Attorney responded that in light of the antitrust laws, it would be doubtful that it could be done unchallenged and would put the City in a precarious situation for a lawsuit. Reg. Mtg. 11/3/82 Page 4 221 Mayor Riley was of the opinion that a good compromise was MTA's suggestion that the private operators be allowed to either pick-up or deliver in the City limits, but not both. Councilmember Myers noted that he was involved in the negotiations when the enterprise was taken over by MTA and it was the intention not to allow the competition to eliminate the service that was intended. He thought that the private operators understood at the time that they would be faced with this type of restriction. M/S: Myers/Kelley to direct staff to change the permit of Mr. Blodgett to soften the regulation in the manner suggested by MCOG and the MTA Board. Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Kelley, Myers, Riley NOES: None ABSENT: Hickey 9c. LETTER FROM ED TITLOW RE PROPOSED POWER SALES AGREEMENT City Manager stated this matter was continued from one month ago and put on the agenda at the request of Mr. Titlow. Mr. Titlow is now requesting the Council table this matter until a time when he is prepared to address it. M/S: Myers/Kelley to table this matter until further action by Mr. Titlow. Motion carried unanimously by a voice vote. 9d. ADOPTION OF ORDINANCE NO. 799, AUTHORIZING AMENDMENT TO CONTRACT WITH PERS City Manager recommended that this matter be continued to the next regular meeting to meet requirements set by PERS. M/S: Myers/Kelley to continue this matter until the next regular meeting. Motion carried unanimously by a voice vote. NEW BUSINESS 10a. BID AWARD, PAINT EXTERIOR OF CITY HALL BUILDING City Manager explained that this is not a budgeted item. However, if Council continues with the project he would recommend that the funds come out of the contingency fund. Public Works Director further explained that the the City put out very informal bids (not our typical contract form). According to the State law, prevailing wages (which are higher than what some contractors pay) must be paid on all jobs of $1000.00 or more. The individuals who were interested in submitting bids were notified by the purchasing department of this condition. When one came in considerably lower than the others, Public Works called the contractor to ask if he had been notified. He had not been, but stated he would do the work himself, and thus not have to pay anyone. The City Manager felt that this was an unfair situation, as the other bidders might have come in lower also. Councilmember Myers felt that although he would like to see the City Hall painted, this is something that should come out of the budgetary review sessions which are not so far away. He would like to review the total impact and cost. Councilmember Feibusch questioned how much is in the contingency fund. City Manager answered that he did not know the exact figures, but noted that it has not been used at all this year. Councilmember Feibusch was of the opinion that we should keep the downtown revitalization program moving and proceed with painting City Hall. He suggested we re-advertise and see what happens. Reg. Mtg. Page 5 222 Councilmember Kelley felt we should not abandon this project and ask for bids again. M/S: Feibusch/Kelley to readvertise and pursue additional bids again to paint the City Hall. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Riley NOES: Myers ABSENT: Hickey Mayor Riley agreed with Councilmember Myers that we need to do spending in an orderly process, but supported the motion as her vote was the swing vote when the Council originally decided to ask for bids. 10b. BID AWARD, POLICE DEPARTMENT COMMUNICATIONS CONSOLE (old 7d) Councilmember Feibusch wanted to be sure the equipment is expandable to someday include the dispatching of the Fire Department. City Manager assured the Council that the equipment was expandable and if consolidation occurs, we will also need additional equipment which can be tied into this. M/S: Feibusch/Kelley to award the bid for Police Department Communications Console to Motorola in the total amount of $38,336.58. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Myers, Riley NOES: None ABSENT: Hickey CITY COUNCIL REPORTS Councilmember Feibusch received a letter of complaint from a neighbor regarding citation for having his car parked on the street for more than 72 hours. He suggested making an amendment to an ordinance that was adopted in 1963 regarding parking for more than 72 hours. Councilmember Feibusch also reported that one of his constituents who has complained in the past about junk being stored in front of some houses has found an ordinance of another municipality dealing with this matter. He asked if the City Attorney would read it and report back to the Council regarding the possibility of Ukiah adopting a similar one. Councilmember Kelley reminded everyone that tomorrow is the official opening of the Ukiah Playhouse. He also reported that he attended the MTA Board of Directors meeting. Councilmember Myers recalled that at the last meeting there was some confusion as to the FBO operators being able to serve on the Airport Commission. The Council received a memo regarding this from the City Manager and he requested this memo also be forwarded to the Airport Commission members. City Council recessed at 8:12 P.M. for 10 minutes and Mayor Riley announced they would reconvene in a closed session. ADJOURNMENT - 8:22 P.M. to closed session. City Council reconvened at 8:32 and took the following action: M/S: Feibusch/Kelley to direct staff to continue with negotiations with the Western Area Power Administration. Motion was carried by a unanimous vote. M/S: Myers/Kelley to continue this meeting to November 16, 1982 at 12:45 P.M. for a matter of closed session dealing with personnel. Sandra Gutierrez Deputy City Clerk Reg. Mtg. 11/3/82 Page 6