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HomeMy WebLinkAboutMin 05-05-82105 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - MAY 5, 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: Hickey, Feibusch, Snyder, Riley, Myers. Staff present: Payne, Orchard, Kruth, Harris, Frame, Tillotson, Melvin. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Councilmember Hickey and Councilmember Snyder led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Snyder/Riley to approve the minutes of April 21, 1982 as amended. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None RIGHT TO APPEAL DECISION Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. ADDITIONS TO AGENDA M/S: Riley/Snyder to add Item 9g, Resolution authorizing City Manager to execute energy purchase agreement on behalf of the City, and Item 9h, Receipt of Budget and set public hearing dates, to the agenda. Motion carried by unanimous voice vote. CONSENT CALENDAR M/S: Snyder/Riley to approve Consent Calendar Items 6a-6d as follows: 6a. Payroll Warrants, #18818-18958, $75,586.32; 6b. General Warrants, #19847-19908, $439,119.47; 6c. Awarded bid to Autoland Motor Company for one compact sized pickup truck in the total amount of $5,605.28; 6d. Approved Report of Administrative Actions & Proposals (R.A.A.P.). Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None. PUBLIC HEARING 7a. ZONE CHANGE APPLICATIONS FOR GENERAL PLAN CONSISTENCY: No. 82-67, Standley & Giorno No. 82-68, Dora/Bush-Stephenson/Gibson Creek No. 82-69, Clay Street No. 82-70, Jones Street No. 82-72, Oak Street West No. 82-74, Gobbi North PUBLIC HEARING OPENED: No audience participation. PUBLIC HEARING CLOSED. M/S: Feibusch/Myers to remove Zone Change No. 82-68, Dora/Bush- Stephenson/Gibson Creek from the proposed ordinance and send the matter back to the Planning Commission. Councilmember Feibusch was of the opinion that the proposed rezoning was not appropriate as there are many large homes that could be used for multiple families. Councilmember Snyder stated that the proposed zone change would make this area consistent with the General Plan and suggested that this area could be requested to be included as a General Plan amendment. Reg .Mtg. 5/5/82 Page 1 3.06 Councilmember Riley felt that a R-2 or R-3 designation would endanger the landmark homes. Motion failed by the following roll call vote: AYES: Hickey, Feibusch NOES: Snyder, Riley, Myers ABSENT: None M/S: Riley/Snyder to introduce Ordinance No. 784 by title only. Motion carried by unanimous voice vote. M/S: Riley/Snyder to introduce Ordinance No. 784 amending Chapter 2, Division 9 of the Ukiah City Code by rezoning property for General Plan Consistency (Zone Change Application No. 82-67 82-68 82-69 82-70 82-72 82-74). ' ' ' ' , Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None UNFINISHED BUSINESS 8a. ADOPTION OF ORDINANCE NO. 778, ZONE CHANGES APPL. NOS. 82-57, 82-58, 82-64, 82-65, 82-66 Councilmember Riley left the meeting due to a possible conflict of interest. M/S: Snyder/Hickey to introduce Ordinance No. 778 by title only. Motion carried by unanimous voice vote. M/S: Snyder/Hickey to adopt Ordinance No. 778 amending Chapter 2, Division 9 of the Ukiah City Code by rezoning property for General Plan consistency (Zone Change Applications No. 82-57, 82-58, 82-64, 82-65, 82-66). Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Myers NOES: None ABSENT: None ABSTAIN: Riley Councilmember Riley returned to the meeting. 8b. ADOPTION OF ORDINANCE NO. 779 AMENDING ZONING ORDINANCE RESIDENTIAL OFF STREET PARKING REQUIREMENTS M/S: Snyder/Riley to introduce Ordinance No. 779 by title only. Motion carried by unanimous voice vote. M/S: Snyder/Hickey to adopt Ordinance No. 779 amending Division 9, Chapter 2 of the City of Ukiah Zoning Ordinance-residential off street parking requirements. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None 8c. ADOPTION OF ORDINANCE NO. 780 PROHIBITING DISTRIBUTION AND DISPLAY OF DRUG PARAPHERNALIA M/S: Hickey/Snyder to introduce Ordinance No. 780 by title only. Motion carried by unanimous voice vote. M/S: Hickey/Snyder to adopt Ordinance No. 780 adding Article 6 to Chapter 1 of Division 7 of the Ukiah Municipal Code prohibiting the distribution and display of drug paraphernalia. Motion carried by the following roll call vote: AYES: Hickey, Snyder, Riley, Myers NOES: Feibusch ABSENT: None 8d. ADOPTION OF ORDINANCE NO. 781 DEFINING "HOLIDAYS" WITHIN THE MEANING OF TRAFFIC REGULATIONS M/S: Hickey/Rile~ to introduce Ordinance No. 781 by title only. Motion carried by unanimous voice vote. Reg.Mtg. 5~5~82 Page 2 107 M/S: Hickey/Snyder to adopt Ordinance No. 781 AMENDING Section 7008, Article 4, Division 8 of the Municipal Code defining "Holidays" within the meaning of traffic regulations. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None 8e. ADOPTION OF ORDINANCE NO. 782 AUTHORIZING ISSUANCE OF REFUNDING BONDS BY NCPA (RFL GEOTHERMAL PROJECT) M/S: Hickey/Riley to introduce Ordinance No. 782 by title only. Motion carried by unanimous voice vote. M/S: Hickey/Riley to adopt Ordinance No. 782 authorizing the issuance of refunding bonds by the Northern California Power Agency (RFL Geothermal Project). Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None 8f. ADOPTION OF ORDINANCE NO. 783, PARKS, RECREATION AND CULTURAL ARTS COMMISSION M/S: Snyder/Riley to introduce Ordinance No. 783 by title only. Motion carried by unanimous voice vote. M/S: Snyder/Hickey to adopt Ordinance No. 783 revising Chapter 4 Article 1 and iA of the Municipal Code to be entitled "Parks, Recreation and Cultural Arts Commission Ordinance". Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None NEW BUSINESS 9a. MATTER OF PROPOSALS FROM LORD & ASSOCIATES CONCERNING ECONOMIC FEASIBILITY STUDY FOR UKIAH Councilmember Feibusch requested that Council authorize the City Manager to negotiate with Lord & Associates to have a market analysis made to determine Ukiah's resources and what kind of businesses we should invite into our Valley. M/S: Feibusch/Hickey that City Manager be authorized to negotiate with Lord & Associates. Points brought up by Council were that request for bids should be submitted to several firms rather than one; use of public monies for a study that would benefit private enterprise is not appropriate; and the recommendation that no action be taken until completion of a study which is currently being done county wide, financed by the Manpower Council. The maker, with the consent of the second, withdrew their motion. Councilmember Riley made a motion to direct staff to prepare a RFP for presentation at the next Council meeting regarding broad outlines of industrial development. Motion died for lack of a second. No action was taken by Council at this time. 9b. MATTER OF SOLID WASTE SITE FEE (FEIBUSCH) Councilmember Feibusch stated he wished to withdraw this matter as review of the fees would take place during budget hearings. Reg .Mtg. 5/5/82 Page 3 108 9c. EXTENSION OF TIME FOR FILING LAS CASAS FINAL SUBDIVISION MAP, PHASE I City Manager stated the Planning Commission has recommended a 24 month extension with staff recommending a six month extension. City Attorney stated that a recent change in State law which may supercede the City Code provides that a tentative map shall expire after 24 months unless lawfully extended. He requested that the matter be continued to the next Council meeting for further review. M/S: Riley/Snyder to continue subject matter to Council's May 19, 1982 meeting. Motion carried by unanimous voice vote. 9d. REVISED FEES FOR USE OF SWIMMING POOL Parks and Recreation Director referred to his memorandum of April 23 and pointed out that swim lessons would be for one half hour, not one hour. He further stated that the Parks and Recration Commission has endorsed staff's recommendation except that swim lesson fees be $10.00 instead of $15.00; the Ukiah Recreation Department and the Youth Project are cosponsoring the same swimming classes this summer based on the $15.00 fee. M/S: Riley/Snyder to accept Staff recommended revised pool fees with the exception that swim lessons be $10.00. Motion carried by the following roll call vote: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None It was pointed out that as there is a disparity in the rates charged by the two organizations, it should be made known that the City sponsored swim classes are $10.00 for ten 1/2 hour lessons with Mendocino County Youth Project sponsored swimming lessons at $15.00 for eight hour long lessons. 9e. MENDOCINO COUNTY REFERRAL, GENERAL PLAN AMENDMENT, RUBY CORP. Planning Director stated that this matter should be reviewed by Council as opposed to the County and that the matter should be referred back to the City to be more appropriately handled in regard to annexation and provision of urban services. In answer to a question regarding CRIS, Planning Director stated that the actual formula has been found to be lacking and further meetings with CRIS personnel are planned. Pete Abrahams, Ruby Corporation, stated they are now in the process of having an EIR prepared. He gave Council a letter dated May 5, 1982 setting forth a general outline of his statements to be made to Council. He spoke to the cost of affordable housing and was of the opinion that the City does not provide economic incentives to do this type of project within the City. Councilmember Riley asked if the Ruby Corporation was creating a planned land use that would be sold off to developers? Mr. Abrahams stated that the project will be developed with local government land use plan criteria and whoever builds the homes will build to those parameters. He felt the Ruby Corporation would be involved in the project for 10-15 years; with approval of the project, the first phase would be development of light industry with the Ruby Corporation actively recruiting employers. Councilmember Feibusch felt rezoning to PD would lose the value of the agriculture land while greatly increasing the value of the property and asked what assurances could be given that this land will be developed? Mr. Abrahams stated they presently have a Certificate of Compliance on 100 acres and it is possible right now to divide the property into 10 acre parcels; it is not their intent to do this now but to see the proposed project through. If the matter cannot be worked out with governmental Reg.Mtg. 5/5/82 Page 4 109 agencies, he would have no other choice but to divide the property into 10 acre parcels. Councilmember Riley referred to annexation proposal for various parts of the North valley and City Manager stated that staff was directed to begin contact with property owners regarding annextion and a letter will be going out to commercial owners. Councilmember Riley stated it is the intent to annex to Ackerman Creek and felt the Ruby Corporation did not want to annex to the City. Mr. Abrahams stated they do not see any incentives for doing this project in the City and did not feel they should encourage annexation of the property. He felt the burden was on the City to examine the current policies and procedures in order to encourage development. He felt the costs within the City were prohibitive. Councilmember Riley pointed out that one of the reasons it is cheaper to build in the County is that the costs will be borne by all County residents. M/S: Feibusch/Riley to go on record to the County of Mendocino in opposition to General Plan Amendment and that Ruby Corporation work with the City for future annexation. Councilmember Snyder stated there is an annexation program and any subdivision should be referred to the City and properly annexed. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None 9h. RECEIPT OF BUDGET AND SET PUBLIC HEARING DATES M/S: Snyder/Riley to acknowledge receipt of 1982-83 Budget and set budget public hearing dates of May 12, 1982 from 7 A.M.-10 A.M.; May 13, 1982 from 7 A.M.-10 A.M. and May 18, 1982 from 4 P.M.-6 P.M. Motion carried by unanimous voice vote. 9f. RESOLUTION DECLARING WEEDS ON PRIVATE PROPERTY TO BE A NUISANCE AND ORDERING ABATEMENT M/S: Snyder/Feibusch to approve Resolution No. 82-66 declaring weeds on private property to be a nuisance and ordering abatement and to set a public hearing date of June 2, 1982 at 7:30 P.M. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None 9g. RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE ENERGY PURCHASE AGREEMENT ON BEHALF OF CITY Councilmember Hickey stated NCPA is negotiating to obtain surplus power from a number of sources who are willing to sell it. He requested that the City Manager be authorized to negotiate for surplus power and that he report back to Council following each acquisition. M/S: Hickey/Feibusch to approve Resolution No. 82-67 authorizing the City Manager to execute energy purchase agreement on behalf of the City. Motion carried by the following roll call vote: AYES: Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None COMMENTS FROM AUDIENCE Mark Cagle presented a resolution that would request that PG&E pass any tax credits received to the rate payers. CITY COUNCIL REPORTS Councilmember Hickey stated that NCPA, at its April 30 meeting, withdrew totally from the Ivanpah Project. Reg.Mtg. 5/5/82 Page 5 110 Councilmember Feibusch requested that the Director of Public Works check to see if any money is left in the budget to mark parking stalls and referred specifically to the three unmarked spaces located to the north of the Library. Councilmember Snyder asked how 'the first annual tennis tournament turned out financially? Councilmember Snyder asked if the Councilmembers would be agreeable to having their photographs displayed in the main entrance to City Hall and placed in the Parks and Recreation brochures. It was the consensus of Council that this be done. Councilmember Snyder referred to the workshop scheduled on May 12 for the recreation ordinance and requested that the high school students from the leadership class distribute notices of this meeting to neighbors in park areas. Mayor Myers stated he attended the MCOG meeting at which time the LTF funds as allocated was approved. He stated an excellent slide presentation of the Sherwood Trail was given. Mayor Myers stated he would not be able to attend the League of California Cities' meeting scheduled for May 8, 1982. ADJOURNMENT - To Executive Session - 8:22 P.M. Mary Melvin Deputy City Clerk Reg.Mtg. 5/5/82 Page 6