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HomeMy WebLinkAboutMin 07-21-82155 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - JULY 21, 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. Councilmembers absent: Hickey. Staff present: Kruth (Acting City Manager), Orchard, Harris, Goforth, Tillotson, Melvin. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Councilmember Myers and Councilmember Kelley led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Feibusch/Kelley to approve the Minutes of July 7, 1982 as corrected. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Riley NOES: None ABSENT: Hickey ABSTAIN: Myers ADDITION TO AGENDA M/S: Kelley/Myers to add Letter from Scherf & Rau, to the agenda under New Business. Motion carried by unanimous voice vote. 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 Consent Calendar Item 6e and 6j be pulled. M/S: Myers/Kelley to approve Consent Calendar Items 6a-d, f-i and k as follows: 6a. Payroll Warrants, #19533-19681, $68,872.77; 6b. General Warrants, #20288-20485, $191,151.73; #20301-20435, $1,121,420.40; 6c. Denied claim of Jeanne Roundy for damages and referred to insurance carrier; 6d. Denied claim of John Reid for damages and referred to insurance carrier; 6f. Denied claim of Arthur Patton for damages and referred to insurance carrier; 6g. Awarded bid for 5/8" x 3/4" water meters to Carlon Meter Co. in the amount of $25.40 (plus sales tax) per meter; 6h. Awarded annual contract, 7/22/82 to 7/21/83, for chlorine to All Pure Chemical Co. in the total amount of $19,769.00; 6i. Approved~Resolution No. 83-7 declaring a certain structure to be a substandard building and a public nuisance and set a public hearing for September 1, 1982 at 7:00 p.m.; 6k. Approved Report of Administrative Actions & Proposals (R.A.A.P.). PETITIONS AND COMMUNICATIONS 8a. REQUEST BY UKIAH UNIFIED SCHOOL DISTRICT TO WAIVE SEWER CONNECTION FEES FOR THE YOKAYO SCHOOL Acting City Manager stated that a request had been received from Ukiah Unified School District to waive the fees for constructing a new sewer lateral to the Yokayo School for restrooms. As the fee is set according to City ordinance and Council policy, it is recommended that this fee not be waived. Reg .Mtg. 7/21/82 Page 1 156 M/S: Myers/Kelley to empower the Ad Hoc Committee negotiating with Ukiah Unified School District to use subject matter as a means of arriving at a settlement of the Yokayo Site. Councilmember Myers felt this matter could be part of the negotiations between the City and District but was not in favor of an outright waiver of fees. Acting City Manager stated that it is necessary that the hookups be made now but it would be appropriate, at a later time, to credit or waive this fee. Motion failed by the following roll call vote: AYES: Myers, Riley NOES: Feibusch, Kelley ABSENT: Hickey M/S: Feibusch/Kelley to deny the request of Ukiah Unified School District for waiver of connection fees. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Myers, Riley NOES: None ABSENT: Hickey 8b. MATTER OF DUMP CLOSURE, BARRY VOGEL, ATTORNEY FOR MODERN DISPOSAL Barry Vogel, Attorney for Modern Disposal, suggested that the dump be kept open 6 days a week, closed on Wednesdays to everyone but commercial haulers who would pay the regular fees and the additional payment to a total of $350.00 in consideration for special access. M/S: Feibusch/Kelley to keep the dump open 6 days a week, two half days and four full days, closed on Wednesday and require the commercial haulers to pay the sum of $350.00 for covering the garbage on Wednesday. Councilmember Feibusch stated he had received numerous telephone calls from private citizens who desire that the dump be open on Sunday and was of the opinion that the Council should serve the public. He felt the dump should be closed on Wednesdays as he understood this was the slowest day. Ted Goforth, Deputy Director of Public Works, stated that Sunday, Monday, Wednesday and Friday are the busiest days, with Thursday being the lightest day for both general public and commercial haulers. Discussion was had regarding the fiscal impact of the proposed motion and if determination of the fiscal impact should be made by staff before Council action. Mayor Riley was of the opinion that the $350 for keeping the dump open should be in addition to the regular fees charged. Barry Vogel expressed his opposition to adding the fees onto the $350 since it will only take one hour to marginally cover the garbage dumped by the commercial haulers and felt Council should consider actual costs. Motion failed by the following roll call vote: AYES: Feibusch, Kelley NOES: Myers, Riley ABSENT: Hickey M/S: Riley/Myers to direct staff to look into the fiscal impact and report back to Council. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Myers, Riley NOES: None ABSENT: Hickey PUBLIC HEARING - 7:00 P.M. 7a. RESOLUTION/RATE INCREASE IN MONTHLY SEWER SERVICE CHARGES Mayor Riley stated that this is a joint public hearing with Ukiah Valley Sanitation District. District Board members Riley, Hamburg and DeVall were present. Secretary Jenny Goodacre was present to record the action of the Ukiah Valley Sanitation District. Reg.Mtg. 7/21/82 Page 2 157 Acting City Manager stated the proposed City increase would be from $4/month to $5.35/month. To meet District requirements, an increase of $2.00 for each service unit is recommended, from $3.50 per unit to $5.50 per unit. PUBLIC HEARING OPENED: Linda Foster, 840 E. Gobbi, asked how long the improvements to the Treatment plant will last and if there would be another rate increase in the near future. She asked if the bonds would be paid off this year and if so, would the bills be reduced? PUBLIC HEARING CLOSED. City Council and District Board reviewed and discussed the proposed rate increase with the following concerns expressed: The sharing of costs between District and City is not clearly defined and should be reviewed to verify fairness; present plant modifications provide for limited growth in the Ukiah Valley. How should costs of the plant improvements be shared by the District and City?; concern for amount of inflow and infiltration waters. Are revenues set aside to cover possible pipe replacement for collapse or wearing out?; need for District to overcome present deficit and provide revenues for future needs; the plant project was approved by the majority of both boards and is a legal obligation which must be honored; that new growth be required to pay costs for their service and City and District customers are not paying for that cost; it was noted that District and City compute sewer service fees differently, the two rates cannot be compared identically due to the difference in bonding commitments. M/S: Feibusch/Myers to approve the requested rate increase. Motion failed by the following roll call vote: AYES: Myers, Riley NOES: Feibusch, Kelley ABSENT: Hickey M/S: Kelley/Feibusch to send the matter back to staff for report on the relationship between the District and City, including facts and figures and to continue consideration of the resolution. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Myers, Riley NOES: None ABSENT: Hickey A joint workshop was set for August 20, 1982 at 1:30 P.M. in the City Council Chambers. Council determined that the two following matters would be considered simultaneously but acted on separately. 7b. ZONE CHANGE FROM R-1 TO R-3, GENERAL HOSPITAL PROPERTY ON OBSERVATORY, AND INTRODUCTION OF ORDINANCE 7c. APPEAL RE USE PERMIT NO. 82-61, UKIAH GENERAL HOSPITAL Planning Director stated that on April 21, 1982, City Council referred the zone change back to the Planning Commission for further consideration of the noise compatibility between the hospital and adjacent residents. The Planning Commission directed that a noise study by a recognized acoustical engineer be completed. The Planning Commission reviewed the study and determined that the noise criteria had been met and recommended approval of the zone change. An appeal to the approved use permit was filed by Janet Floyd but no specific items were indicated. PUBLIC HEARING OPENED: Rick Henderson, representing Ukiah General Hospital, reviewed for Council the noise study done by Howard Bashford and the acoustics consultants, Paoletti/Lewitz/Associates Inc. chosen by the subcommittee. It was contended that the noise generated at the hospital complied with the Noise Ordinance standards. He further stated that the Planning Commission approved the use permit after removing the condition that the hospital construct a wall the entire length of the west property line. Reg.Mtg. 7/21/82 Page 3 158 Joel Lewitz, Paoletti/Lewitz/Associates Inc., stated they were retained to conduct a noise study along the west property line of the hospital and to determine if the hospital operation did exceed the Ukiah Noise Ordinance. William Floyd, 1155 Marwen, read a letter from Mrs. Hall who requested that an 8' solid wall be constructed behind her home because of the noise. Mr. Floyd stated he is unable to sleep due to the noise level generated by the hospital. Janet Floyd, 1155 Marwen, reviewed for Council the past history of noise problems with the hospital. She further stated that at no time during the most recent noise test were all the equipment on because the weather was not hot enough; concern with street noise and its removal from the study; plantings along the present fence are dead; requested that a solid wall be constructed for privacy. She was of the opinion that the City should be following State noise standards and felt rural suburban to be the appropriate classification for Ukiah. Charles Bell, 180 Quail Drive, recommended that the noise ordinance standards be adhered to. Rick Henderson stated the additional rooms will not add to the noise level as the chiller units are used only to cool the surgical units. He further stated the hospital is willing to restrict access to the back roadway by chaining the driveway for emergency traffic only, employee parking lot to be located on the east side of the property; have lowered the light standards to prevent light shining into resident's yards and that delivery of the oxygen tanks are made only during business hours. In answer to a question regarding cooling of drinking water, Mr. Henderson stated that he did not know if the chiller units were used for the drinking water. Mr. Lewitz was of the opinion that the barrier surrounding the chiller units provided maximum noise reduction. PUBLIC HEARING CLOSED. M/S: Myers/Kelley to introduce Ordinance No. 791 by title only. Motion carried by unanimous voice vote. M/S: Myers/Kelley to introduce Ordinance No. 791 amending Chapter 2, Division 9 of the Ukiah City Code by rezoning property from existing R-1 to R-3 (Zone Change Application No. 82-63 - Ukiah General Hospital). Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Myers, Riley NOES: None ABSENT: Hickey Councilmember Feibusch felt the well being of the neighborhood must be considered and an 8' solid barrier along the west property line appropriate. He further expressed concern with policing of the chained driveway and the employee's parking lot. M/S: Feibusch/Kelley to approve Use Permit No. 82-61, Ukiah General Hospital, as amended to provide that an 8' high fence be built along the west property line of the hospital to be maintained for the life of the use permit; that the driveway be chained with a crash chain and that the key to the chain be available from the maintenance personnel; that all conditions be completed prior to use and occupancy and that the subcommittee consisting of Councilmember Kelley, Mrs. Floyd and Mr. Henderson determine the type of wall to be constructed. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Myers, Riley NOES: None ABSENT: Hickey RECESS: 9:30 P.M. RECONVENE: 9:40 P.M. Reg.Mtg. 7/21/82 Page 4 UNFINISHED BUSINESS 9a. CPI INFLATER REGARDING IN-LIEU PARKING FEES Councilmember Feibusch left the room due to possible conflict of interest. M/S: Myers/Kelley to introduce Ordinance No.792 by title only. carried by unanimous voice vote. Motion M/S: Myers/Kelley to introduce Ordinance No. 792 amending Section 7388(b) of Article 5, Chapter 3 of Division 8 of the Ukiah Municipal Code establishing in lieu parking fees. Motion carried by the following roll call vote: AYES: Kelley, Myers, Riley NOES: None ABSENT: Hickey ABSTAIN: Feibusch Councilmember Feibusch returned to the meeting. 9b. REQUEST FOR ELECTRIC SERVICE, UKIAH PLAYERS Charles Bell, Ukiah Players, stated the Ukiah Players is agreeable to the City Manager's recommendation that the Ukiah Players be served by the City's electrical system at a cost of $3,000. M/S: Kelley/Feibusch that the City of Ukiah furnish the electricity from the overhead lines; that Ukiah Players pay to the City $1,162.96 and that the balance of the $3,000.00 be paid in single annual payments over a period of ten years until paid off. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Myers, Riley NOES: None ABSENT: Hickey 9c. ADOPT ORDINANCE NO. 790 CHANGING PERMIT RENEWAL TIME FOR TAXI OPERATION M/S: Feibusch/Myers to adopt Ordinance No. 790 by title only. Motion carried by unanimous voice vote. M/S: Myers/Feibusch to adopt Ordinance No. 790 amending Section 2544 of Article 2, Chapter 5 of Division 2, of the Ukiah Municipal Code to change term of taxi cab permits. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Myers, Riley NOES: None ABSENT: Hickey 9d. INTERPRETATION OF THE GENERAL PLAN NOISE ELEMENT PERTAINING TO NOISE DECIBELS Former Councilmember Snyder requested an interpretation of the noise levels for Ukiah. Planning Director stated after review of the noise standards with both the County Planning Department and the Environmental Protection Agency it is felt that "suburban" is the appropriate level for noise evaluation in Ukiah. M/S: Riley/Feibusch to continue subject matter to General Plan Amendment 1982-C public hearing date. Motion carried by unanimous voice vote. NEW BUSINESS 10a. ADOPTION OF RESOLUTION TO APPROVE BALLOT MEASURE FOR INCREASE OF GAS TAX BY 2¢ A GALLON FOR 3 YEARS AND AUTHORIZATION FOR CITY MANAGER TO SIGN AGREEMENT FOR ALLOCATION OF REVENUES Acting City Manager stated that recent legislation enables counties to adopt a gas tax ordinance which would increase the gas tax by 2¢ a gallon for three years but it does require that it be voted on by the people. Reg.Mtg. 7/21/82 Page 5 Concern expressed related to cost for the election with only a slight chance the measure will pass. M/S: Riley/Myers to approve Resolution No. 83-8 approving the imposition of a local motor vehicle fuel tax. Motion carried by the following roll call vote: AYES: Kelley, Myers, Riley NOES: Feibusch ABSENT: Hickey 10b. ADOPTION OF FINAL MAP, HOSPITAL DRIVE MEDICAL PLAZA M/S: Feibusch/Kelley to adopt Resolution No. 83-9 approving the final map for Hospital Drive Medical Plaza, a condominium subdivision. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Myers, Riley NOES: None ABSENT: Hickey 10c. LETTER FROM SCHERF & RAU Councilmember Kelley was of the opinion that the bid submitted by Scherf & Rau of $1,050 for the Creekside Village bridge guard was very appropriate as the City has estimated the project at $3,500. Acting City Manager stated he had agreed today that Scherf & Rau could submit a change in plan and had agreed to the $1,050 estimate. No further action was taken by Council. 10d. CLAIM FOR DAMAGES FILED BY DON WEATHERLY, DENY AND REFER TO INSURANCE CARRIER (6e) Discussion was had whether this matter should be discussed during Executive Session. It was the consensus of Council that action be taken now on the claim for damages and the matter further discussed in Executive Session. M/S: Feibusch/Kelley to deny the claim for damages filed by Don Weatherly and refer to insurance carrier. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Myers, Riley NOES: None ABSENT: Hickey 10e. POLICY RESOLUTION NONCONFORMING USES/ NEWLY ANNEXED AREAS Concern was expressed with the wording of the resolution, in particular item b), and how buyers should be made aware of the Sign Ordinance regulations. M/S: Kelley/Feibusch to continue subject matter for City Attorney to investigate possible alternatives. Motion carried by unanimous voice vote. CITY COUNCIL REPORTS 12a. APPOINTMENT TO COMMISSION M/S: Myers/Riley to reappoint those members presently serving and have submitted their wish to continue on the Airport Commission (Doug Baker) and the Planning Commission (Yvonne Metzler, Duke Fenter and Don Vander Mey). Motion failed by the following roll call vote: AYES: Myers, Riley NOES: Feibusch, Kelley ABSENT: Hickey Council determined that each appointment be voted on individually. M/S: Kelley/Myers to adopt Resolution No. 83-10 appointing commission members to the Airport (Baker, Capehart), Planning (Metzler, Vander Mey, Mastin) and Parking Advisory (Dixon) Commissions. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Myers, Riley NOES: None ABSENT: Hickey Appointment to the Planning Commission of Duke Fenter's position is continued to Council's next meeting due to tie vote. Reg.Mtg. 7/21/S2 Page 6 161 Councilmember Feibusch stated he had attended the last Planning Commission meeting at which the sign ordinance was to be considered. He further stated that people attended the meeting with the idea that the sign ordinance would be discussed only to be told that, due to the length of the agenda, it was possible the Commission might not get to it. Planning Director stated that due to the number of General Plan amendment items, a determination was made by the Commission, and the audience advised, that the sign ordinance would not be considered. Commissioner Kelley asked if it would be advisable to limit the number of items on future agendas? Councilmember Feibusch asked at what point the fence in front of the Liberty Theatre would be removed? Acting City Manager stated he would check with the Building Department. Councilmember Feibusch referred to the contract with the County Animal Control who provide service to the City between the hours of 9 a.m. and 5 p.m. and the fact that people let dogs out after 5 P.M. He was of the opinion that when the contract expires, that the City look into different arrangements. Councilmember Feibusch requested two items be placed on the next agenda: The matter of phasing out the Civil Service System by attrition by placing it on the November ballot and discussion of initiating a Public Safety Department. Councilmember Kelley reported that Ukiah Players estimate completion of their building in September. Councilmember Myers asked that the presentation by Guinness McFadden and Dennis Chaty be agendaed for Council's next meeting. Councilmember Myers stated he would not be able to attend the League of California meeting this weekend. Councilmember Myers stated he received a letter from Barry Keene regarding AB3257 reporting that it has not yet reached the Senate. He also reported that Senator Keene would support the City to the Department of Business and Economic Development in urging qualification for economic assistance from that department. Mayor Riley asked if anyone would be attending the quarterly meeting of the Redwood Empire Division of California Cities? Mayor Riley stated that MTA is meeting July 28 and felt Councilmember Kelley should attend that meeting as they would be discussing transit needs. Mayor Riley asked if anyone was attending the general plan workshop for small cities on August 3 in Stockton? Councilmember Kelley stated he would be attending. Mayor Riley stated she would be attending, on behalf of the City, the hearing set for July 22 on the Eel River. Mayor Riley requested that, after adoption of ordinances, copies be furnished to councilmembers. City Clerk stated that these will be provided in the next reprint of the City Code. ADJOURNMENT - 10:42 P.M. - To Executive Session. Mary Melvin Deputy City Clerk Reg.Mtg. 7/21/82 Page 7