HomeMy WebLinkAboutMin 08-18-82168
MINUTES OF THE MEETING OF THE CITY COUNCIL
OF THE CITY OF UKIAH - AUGUST 18, 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, Hassler, Tillotson, Melvin.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Councilmember Hickey and Councilmember Myers led
in the Pledge of Allegiance.
APPROVAL/CORRECTION OF MINUTES
M/S: Myers/Kelley to approve the Minutes of August 4, 1982 as amended.
Motion carried by the following roll call vote: AYES: Feibusch, Kelley,
Hickey, Myers, Riley NOES: None ABSENT: None
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 6b and 6c be pulled;
Councilmember Kelley requested that Item 6f be pulled.
M/S: Myers/Hickey to approve Consent Calendar Items 6a, 6d and 6e as
follows:
6a. Payroll Warrants, #19829 to 19976, $70,259.66;
6d. Approved Notice of Completion, Prefab Metal Equipment Shelter;
6e. Authorized Mayor to sign new lease agreement for Council Chambers.
Motion carried by the following roll call vote: AYES: Feibusch, Kelley,
Hickey, Myers, Riley NOES: None ABSENT: None
Mayor Riley stated that Consent Calendar Items 6d, 6c and 6f would be
considered under New Business.
UNFINISHED BUSINESS
8a. APPROVAL OF REVISED ZONING ORDINANCE
Planning Director stated the following had been added to Section 9031 - Uses
Allowed as subsection (d): "Home occupations, as defined in Section 9288(h)".
M/S: Hickey/Myers to approve the draft zoning code and direct staff to
prepare it in ordinance form for Council action at their next meeting.
M/S: Feibusch/Kelley to amend the original motion to provide that Planned
Development "PD" be on a minimum of 3 acres and that Section 9165(g) contain
the following sentence: "Where parking stall angles vary from Column A in
the Schedule above, Columns B-F shall be adjusted proportionally."
Amendment to the original motion carried by the following roll call vote:
AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None
Original motion as amended carried by the following roll call vote: AYES:
Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None
8b. REPORT REGARDING COST OF REPAINTING CITY HALL
City Manager stated estimates have been requested but only one received -
$3,500-$4,000 (one color only) for painting the City Hall. It was his
opinion that it would cost approximately $5,000 for two colors.
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M/S: Hickey/Kelley to call for bids for painting City Hall.
Councilmember Hickey pointed out that the City has already spent money to
improve the Downtown area; Councilmember Hickey and Myers felt the matter
should be considered during budget hearings. Councilmember Feibusch proposed
the possibility that a painting contractor paint above the marquee and
Downtown merchants paint below the marquee with the City to provide the
paint.
M/S: Feibusch/Kelley to amend the original motion to call for bids as
follows: 1) bid for the entire job and 2) bid for just the area above the
marquee and the Downtown merchants to paint below the marquee.
Motion to amend carried by the following roll call vote: AYES: Feibusch,
Kelley, Riley NOES: Hickey, Myers ABSENT: None
Original motion as amended carried by the following roll call vote: AYES:
Feibusch, Kelley, Riley NOES: Hickey, Myers ABSENT: None
RECESS: 6:55 P.M.
PUBLIC HEARING
7a. GENERAL PLAN AMENDMENT 1982B
LAND USE CHANGES
Planning Director pointed out that, in the proposed land use changes, that E1
Roble North is outside the General Plan area and it is recommended that there
be no discussion of this item.
PUBLIC HEARING OPENED:
Bush & Low Gap N.E. - No audience participation.
Bush & Orr Creek - No audience participation.
Dora/Bush Stephenson/Gibson Creek
Steve DeWolf, representing Mrs. Williams, 212 N. Bush, proposed that the land
use be changed to R-3 to better reflect the character of the neighborhood and
to allow the City more flexibility. He also pointed out that a the
flexibility of a R-3 designation would allow those senior citizens in the
area to keep their homes.
Bob Levy, Walnut Avenue, noted as he drove through this area that there are a
total of 37 units, of which 31 appear to be single family residences. He
felt this was the true character of the neighborhood. He was of the opinion
that a variance procedure could be used in particular situations.
Low Gap Mortuary - No audience participation.
Marshall Street - No audience participation.
Norton South - No audience participation.
Oak/School - Clay to Mill - No audience participation.
State Street West - No audience participation.
Wau~h East/Gobbi-Cooper
Leland Kramer, 1990 Vichy Hills Road, stated he is a partner in an apartment
complex on Waugh Lane south. He spoke in favor of retaining the present
designation and felt the M-2 zoning across the street, with the railroad
tracks
behind the M-2 zone, provided a good buffer.
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Wau~h East/Cooper-Marlene South
Charles Williams spoke in favor of medium high designation.
Wau~h & Betty/Marlene-Talmage - No audience participation. Mayor Riley noted
a petition had been received regarding this area.
Low Gap West
Herbert Bray stated he owned a piece of property in this area and spoke in
favor of retaining the present designation of low residential.
George Smith, 175 Low Gap, spoke on behalf of 5-7 families in this area. He
spoke in opposition to any commercial development of this area, traffic
problems relating to the high school and was in favor of the current
designation.
E1 Roble North - No audience participation. Mayor Riley stated it is the
Planning Commission's recommendation that no action be taken on this matter.
Eunice Court
Valerie Johnson, Ukiah, spoke in favor of retention of agriculture
designation.
Talmage (Lucchesi) Sanford Ranch Road
Valerie Johnson spoke in opposition to a change in the present zoning. She
stated she lived across from the Lucchesi property and it was evident to her
that the land is producing enough to support the owners financially. She
presented a petition signed by four agri-businessmen opposed to any change in
the designation of agriculture. She read a letter of opposition to any
change from Norma Bartolomei and presented a letter to Council from Chris and
Maurine Jenkins.
~tipp Lane West - No audience participation.
Lovers Lane-Orr Springs Road
The following spoke in opposition to a change in the current designation of
agriculture:
Linda Zazoni
Valerie Johnson, representing Taxpayers Land Use Committee
Charlie Kosabos
Delores Shannon
Angie Bazacus
They made the following comments: Development of Lovers Lane is not
appropriate at this time as there are other areas, such as Las Casas and
Vineyard View, that are approved for higher density with no development
occurring; it is prime agricultural land; increased traffic and need for a
traffic plan; is it a common practice for buyers to purchase land at a
prezoned designation and then have it rezoned?; should buy land for the
purpose intended; why is Council considering this item when it is not
annexed?; can the Planning Commission make a recommendation to go ahead with
the Ruby Corporation?; decision should hinge on need for housing; why would
the City consider adding another traffic problem by consenting to this
development before demanding a traffic solution?
The following spoke in favor of redesignation:
Dick Selzer
Pete Abrahams, Ruby Corporation
They made the following comments:
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This is an opportunity to provide low and moderate income housing; developing
other property first reflects an attitude that it should always be the other
person's property first; property should be considered on its own merits and
there should be a basis for private property rights; is not high producing
agriculture land; Council has indicated its intention to pursue westside
annexation plan which means annexing north to Ackerman Creek; like to set
standards for development; would like to begin work with the industrial park
which would address the need for employment; bring the land use designation
into consistency with the intent to annex and with the desire to control
planning; requested Council to enter into development agreement with the
County and Ruby Corporation.
PUBLIC HEARING CLOSED.
Bush & Low Gap N.E.
M/S: Feibusch/Hickey to retain existing designation of Medium High
Residential.
Motion carried unanimous voice vote.
Bush & Orr Creek
M/S: Kelley/Feibusch to be redesignated from Public to Medium Low
Residential. Motion carried by the following roll call vote: AYES:
Feibusch, Kelley, Myers, Riley NOES: Hickey ABSENT: None
Dora/Bush
Stephenson/Gibson Creek
M/S: Feibusch/Hickey to be redesignated from Medium Low Residential to
Medium High Residential.
Councilmember Feibusch felt there are people who rely on rentals within this
area and this designation would provide a good buffer between the area west
on Dora and east on Bush Street. He further pointed out that although there
are many beautiful homes in this area to maintain them is economically
difficult especially for people who have lived their for a number of years.
Motion failed by the following roll call vote: AYES: Feibusch, Hickey
NOES: Kelley, Myers, Riley ABSENT: None
M/S: Kelley/Myers to retain Medium Low Residential.
Motion carried by the following roll call vote: AYES: Kelley, Myers, Riley
NOES: Feibusch, Hickey ABSENT: None
Low Gap Mortuary
M/S: Hickey/Myers to redesignate Low Gap Mortuary from Medium Low
Residential to Commercial.
Motion carried by unanimous voice vote.
Marshall Street
M/S: Hickey/Myers to retain Medium High Residential for Marshall Street.
Discussion was had regarding designation of two parcels Commercial. It was
suggested that a General Plan amendment process for the two parcels would be
appropriate when Main Street goes through.
Motion carried by unanimous voice vote.
Norton South
M/S: Feibusch/Kelley to retain North South as High Density Residential and
Commercial.
Motion carried by unanimous voice vote.
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Oak/School
Clay to Mill
M/S: Feibusch/Myers to redesignate Oak/School, Clay to Mill from High
Density Residential to Commercial and High Residential.
Motion carried by the following roll call vote: AYES: Feibusch, Kelley,
Hickey, Myers, Riley NOES: None ABSENT: None
State Street West
M/S: Myers/Feibusch to redesignate State Street West from Medium Low
Residential to Commercial.
Motion carried by unanimous voice vote.
Waugh East/Gobbi-Cooper
M/S: Hickey/Myers to retain Medium High Residential for Waugh East/Gobbi-
Cooper.
Motion carried by the unanimous voice vote.
Waugh East/Cooper-Marlene South
M/S: Kelley/Feibusch to redesignate Waugh East/Cooper-Marlene South from
Medium Low Residential to Medium High Residential.
Mayor Riley was of the opinion that this area should be at a lower land use
designation due to traffic problems.
Motion carried by the following roll call vote: AYES: Feibusch, Kelley,
Hickey, Myers NOES: Riley ABSENT: None
Waugh & Bett¥/Marlene-Talmage
M/S: Myers/Feibusch to retain Waugh & Betty/Marlene-Talmage as Medium High
Residential.
Motion carried by unanimous voice vote.
Low Gap West
M/S: Hickey/Feibusch to retain Low Gap West as Low Residential.
Councilmember Kelley questioned a designation of Low Residential when the
high school and County jail are located in this area and felt the designation
should be R-2 or R-3.
Motion carried by the following roll call vote: AYES: Feibusch, Hickey,
Myers, Riley NOES: Kelley ABSENT: None
E1 Roble North
M/S: Hickey/Kelley to remove E1 Roble North from consideration. Motion
carried by unanimous voice vote.
Eunice Court
Planning Director pointed out that this area is presently developed with
triplex and fourplex. A low residential designation would allow development
on the two vacant parcels without burdening septic systems.
M/S: Kelley/Hickey to redesignate Eunice Court from Agriculture to Low
Residential. Motion carried by unanimous voice vote.
Talmage (Lucchesi) Sanford Ranch Road
M/S: Kelley/Hickey to retain designation of Agriculture for Talmage
(Lucchesi) Sanford Ranch Road. Motion carried by unanimous voice vote.
Stipp Lane West
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M/S: Hickey/Kelley to retain designation of Hillside for Stipp Lane West.
Motion carried by unanimous voice vote.
Lovers Lane, Orr Springs Road
M/S: Feibusch/Kelley to retain designation of Agriculture for Loves Lane,
Orr Springs Road and that the Mayor write the Board of Supervisors stating
the City wishes to retain this property as agriculture and any development
should be done through the City.
Planning Director stated this area is in the County but within the City's
sphere of influence. He stated the Planning Commission's recommendation of
Medium High Residential/Commercial/Industrial is based on the Westside
Annexation Strategy. It was his recommendation that no decision be made
until an EIR has been prepared. He suggested that this matter be continued
to General Plan Amendment 1982C.
Mayor Riley asked if the City had any legal jurisdiction over this matter at
this time? Planning Director stated the City does have legal jurisdiction to
plan within the City's sphere of influence. Mayor Riley was of the opinion
that if the City were to recommend to the County a specific designation, the
County would have a good reason to change their designation.
In answer to a question regarding the EIR, Mr. Abrahams stated preparation of
the EIR, public hearings and final vote before the County Planning Commission
and Board of Supervisors is estimated to be by the end of this year, but more
likely to be February, 1983.
City Manager pointed out that it is not appropriate for major development to
occur on the fringes of the City and a request was made to the County that
the entire matter be referred to the City for processing. He further pointed
out that no formal application from the Ruby Corporation has been received by
the City.
In answer to a request for clarification regarding the development agreement,
City Attorney stated that legislation permits very extensive development
agreements. City Manager stated that before the City would participate in
that type of agreement, the City allow the County to participate with the
City after the Ruby Corporation property is annexed.
Councilmember Feibusch felt Council should make a decision now even though
there is no EIR available. He pointed out that the City has industrial park
and Pear Tree industrial park sitting idle as well as Las Casas. He was of
the opinion it was premature to rezone.
Councilmember Kelley did not see that Council could change the designation
without an EIR.
Councilmember Myers did want to see agriculture land maintained but felt this
area was an island in itself. He did not believe that agriculture was the
best use for this property.
Mayor Riley felt there were two issues: 1) Should the land be developed and
when? 2) If developed, in the County or City? She was of the opinion that
if it is developed, it should be developed in the City. She felt, for that
reason, it should be retained as agriculture as a change would signal the
County who would be more likely to change the land use designation and
development would occur in the County.
Motion carried by the following roll call vote: AYES: Feibusch, Kelley,
Hickey, Myers, Riley NOES: None ABSENT: None
RECESS: 8:32 P.M.
PUBLIC HEARING (Continued)
7A. HOUSING ELEMENT
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Council set August 27, 1982 at 3 P.M. in the Council Chambers as a Housing
Element workshop.
Planning Director stated the proposed Housing Element is in response to
concerns expressed by the State Housing and Community Development Department
(HCD). He further stated that the Planning Commission draft has been
forwarded to HCD for review and the City Council's draft, after initial
Council input, will also be forwarded. A 90 day review period prior to
adoption is required.
PUBLIC HEARING OPENED:
There was general consensus from Tim Morrison, Redwood Legal Assistance and
Larry Kier, representing community realtors, that they are reasonably
comfortable with the proposed element, but further comments would be made at
the workshop secheduled August 27.
Warren Liberty, 350 E. Gobbi, objected to the unclear verbage in Item 9 of
the Action Program.
Pete Abrahams, Yokayo Ranch, pointed out the proposed housing would fall in
the range of $50,000-$60,000 on today's market - an amount that would be
affordable but not necessarily low income housing.
Tom Mason, Redwood Legal Assistance, was of the opinion that Council's policy
not to waive fees would not bring about affordable housing. Marlene Werra,
Ukiah, supported Council's action in not waiving fees.
PUBLIC HEARING CLOSED.
City Manager pointed out previous Council action determined they were not
interested in the process of waiver of fees but the potential of housing fees
being waived or not being waived has not been considered by Council.
Mayor Riley requested that the following groups be invited to the Housing
Element workshop: Blind and Disabled Action Center, Concilio Latino, Social
Services Advisory Committee, Chamber of Commerce, NCO and County Planning
Department.
M/S: Feibusch/Kelley to continue Housing Element to Friday, August 27, 1982
at 3 P.M. in the City Council Chambers. Motion carried by unanimous voice
vote.
NEW BUSINESS
9a. MATTER OF ISO FIRE DEPARTMENT CLASSIFICATION
City Manager and Gene Hassler, Acting Fire Chief, reviewed for Council ISO's
criteria in rating the Fire Department. Suggested alternatives, combining
dispatch duties with the police department, training facilities and equipment
purchases, were presented to maintain the Class III rating.
In answer to a question regarding time line, City Manager stated that ISO
needs a letter from the City of its intent to develop programs that will
retain the Class III rating. The City will have a 90 day period in which to
formally develop the program. ISO has indicated that if it takes 1 to 2
years to implement the programs, Ukiah will not lose its present Class III
rating. City Manager stated that this rating does not affect residential
buildings but will account for a slight increase for sprinkled buildings.
Acting Fire Chief pointed out that the ISO rating does not take into account
life safety or the fact that the Ukiah Fire Department has medical aid
equipment, jaws of life or the airport crash truck.
Discussion was had regarding purchase of an aerial ladder truck and the
effect it could have on Class III rating as well as its maintaining our
versatility. Acting Fire Chief stated a new aerial ladder truck costs
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$200,000 but that a used ladder truck is available now at a minimum sealed
bid of $20,000. He further stated the Fire Department does have funds in its
budget for purchase of equipment.
M/S: Feibusch/Kelley to authorize the Acting Fire Chief to present a sealed
bid for an aerial fire truck.
Motion carried by unanimous voice vote.
9b. AUTHORIZE MAYOR TO SIGN CALAVARAS THIRD PHASE AGREEMENT
City Manager stated a Third Phase Agreement for the construction, operation
and financing of the Calaveras Project. He recommended that the City
continue its 2.04% participating in the project.
Councilmember Feibusch's questions related to the agreement dealing with
legal counsel - City Attorney stated this authorizes him to confer with bond
counsel and General Warrant 20660 to NCPA for the Calaveras project which was
an amount to which the City is already committed.
M/S: Hickey/Myers that City Council authorize the Mayor to execute the Third
Phase Agreement on Calaveras Project with the City continuing its 2 04%
participation. ·
Councilmember Feibusch read the following statement for the record:
"We are being asked to participate in the $454,000,000 Calaveras project.
Just four years ago Ukiah voted to participate in the Shell 2 project at a
then estimated cost, including all inflationary factors, of $42 million.
This project is not completed yet and the cost has tripled. What is the
final cost of the Calaveras project going to be?
The city council sometime ago rejected participation in the second phase of
the Calaveras project. We are now being asked to participate in phase three,
which supercedes phase two. It has been assumed that energy cost will
continue to rise excessively and no thought is given to the development of
less costly alternate energy, while all projections for energy consumption
have fallen by the wayside. This makes it doubtful that the excessive price
increase will continue.
If Ukiah enters into this agreement the financial obligations are totally
open-ended. Ukiah is compelled to purchase Calaveras energy even if it can
obtain energy elsewhere at a lesser price, yet if NCPA should be able to
resell energy at a higher price Ukiah gets only half of the increase. (See
page 11 & 12, paragraph 10 a, b, c, d.) Would you participate in a business
venture where you take all the losses and get only half the profit?
I hope that the council will again reject further participation. I suggest
that we either cash in our chips or do not spend any funds beyond the $61,200
- already invested in the project and take part in it only to the extent to
which this amount entitles the city."
Mayor Riley's concerns related to the environment as the project is on the
Stanislaus River, a natural resource, as well as a potential problem of
financing the project if the City and PG&E peak demands do not grow.
Motion carried by the following roll call vote: AYES: Kelley, Hickey, Myers
NOES: Feibusch, Riley ABSENT: None
9c. GENERAL WARRANTS (6b)
M/S: Feibusch/Myers to adopt the General Warrants, #20566-20764,
$1,079,163.28. Motion carried by the following roll call vote: AYES:
Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None
9d. REJECT CLAIMS FROM PG&E FOR ALLEGED DISPUTED BILT~
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Councilmember Feibusch stated he objected to the manner in which the claim is
presented.
M/S: Myers/Kelley to reject claim from PG&E for alleged disputed bill.
Motion carried by the following roll call vote: AYES: Kelley, Hickey,
Myers, Riley NOES: Feibusch ABSENT: None
9e. REPORT OF ADMINISTRATIVE ACTIONS & PROPOSALS
Councilmember Kelley referred to the Project Review minutes of July 27, 1982
and questioned the need for color rendering and the costs involved. Planning
Director stated it is general policy that all major projects have a color
rendering of their site plan for Commission review.
M/S: Kelley/Myers to approve Report of Administrative Actions & Proposals.
Motion carried by the following roll call vote: AYES: Feibusch, Kelley,
Hickey, Myers, Riley NOES: None ABSENT: None
COMMENTS FROM AUDIENCE
Ron Gluckman, 1016 West Standley, objected to Council's approval of a sealed
bid for aerial fire truck as it was not agendaed. He objected to Council
going into Executive Session to set the bid amount and he was of the opinion
that this was not provided for in the Brown Act. He felt citizen input
should have been considered before action was taken on the aerial fire truck.
City Attorney responded that the only thing that is being held from the
public is the issue of how much the minimum bid will be.
CITY COUNCIL REPORTS
Councilmember Feibusch asked that the Police Department pay special attention
to the pedestrian right of way on State Street.
Councilmember Feibusch asked that the City Manager allow sufficient time for
the public safety meeting.
Councilmember Feibusch stated that if the parallel lines were marked clearly
it would provide additional parking.
Councilmember Feibusch asked what was happening with the location of our City
Council chambers? City Manager stated no action was intended until the
availability of the present chambers was settled.
Councilmember Feibusch reported that vandalism is still occurring on Doolin
Creek and the people are asking for relief. City Manager stated the matter
had previously been turned over to the school district and citizens should
contact the district directly.
Councilmember Feibusch noted in the General Warrants the difference in the
cost of physical examinations for employees and asked if there could be a
City doctor? City Manager stated that, to date, no doctor has been
interested in doing this for the City on a regular basis.
Councilmember Kelley reported that a citizen had told him he had come to the
City Hall twice to apply for the Planning Commission vacancy and had been
told the City was not taking applications. City Manager encouraged that
person to contact him directly.
Councilmember Kelley expressed concern that the City buy the aerial fire
truck and there would be no need to use it. City Manager stated it will be
used for third response to fires and is one of the requests of ISO. Acting
Fire Chief added that the aerial fire truck has many compartments and has
been called a "tool box on wheels" and every piece of equipment needed could
be carried on that truck.
Mayor Riley requested that the policy resolution regarding waiver of fees be
agendaed.
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Mayor Riley referred to Low Gap Road project and City Manager stated the
Federal government is holding the project up and this should be explained to
the citizens through a press release as soon as it is determined when the
project will proceed.
Mayor Riley asked if councilmembers need any additional information for
Friday's meeting with the Ukiah Valley Sanitation Board? The following
information was requested: How many hookups in the City and in the District;
number of potential hookups in the District and City; amount of land area;
maps; percentage of operation and maintenance for City vs. District now and
whether it will be changed; how much is owed on bonds.
Mayor Riley stated a conference will be given by Council for Economic and
Social Recovery at the Palace Hotel on October 2, 1982.
ADJOURNMENT - 11:00 P.M. - After which, City Council reconvened in Executive
Session and adjourned to August 20, 1982 at 1:30 P.M. with Ukiah Valley
Sanitation District.
Mary Melvin
Deputy City Clerk
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