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HomeMy WebLinkAboutmin 03-04-81316 CITY. COUNCIL MINUTES CITY COUNCIL CHAMBERS UKIAH, CA. 111 W. Church March 4, 1981 AGENDA ACTION TAKEN CALL TO ORDER 5:00 P.M. Mayor Hickey presiding. Counci lmembers present: Riley, Feibusch, Snyder, Myers, Hickey Staff present: Cash, Kruth, Orchard, Harris, Tillotson, Melvin. INVOCATION PLEDGE OF ALLEGIANCE Mayor Hi ckey Counci lmember Snyder PROCLAMATION None CONSENT CALENDAR CONSENT CALENDAR Councilmember Riley requested that Items 2 and 3 be pulled; Council- member Feibusch requested that Item 6 be pulled. M/S: Myers/Snyder to approve Items l, 4 and 5 on the Consent Calendar as follows: l) Payroll Warrants, #13360-13524, $107,585.28. 4) Minutes of Special Meeting of February 23, 1981. 5) Authorized budget transfer for City's share of Ukiah Solid Waste audit in the amount of $2,000. Motion carried by the following roil call vote' AYES' Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None 2) General Warrants Councilmember Riley referred to Warrant No. 16803 to Ukiah OB GYN for examination of rape victims and expressed concern for the increase in crime and felt this problem warranted extra concern on the part of the City Council. Councilmember Snyder referred to Warrant No. 16785 to Golden Rule Printing for Sun House brochures and stated that if the brochures were for the Sun House Guild, it should come out of their funds. She requested that this be checked out. Councilmember Feibusch stated he agreed with CouncilmembersRiley's concerns and Snyder's concerns relating to Sun House brochures. Additionally, he stated the Sun House Guild should have'the printing done in the City of Ukiah. M/S' Ri ley/Snyder to approve General Warrants No. 16755-i6814 in the amount of $149,702.61. Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, tlickey NOES: None ABSENT: None City Attorney Orchard requested that a resolution be added to the agenda under Item No. lO, Discussion of Bruce Smitham lease - Airport property. 3) Minutes, Regular Meeting, M/S' Ri ley/Fei busch to February 18, 1981 approve the minutes of the regular meeting of February 18, 1981 as amended by Councilmembers Riley and Feibusch. Councilmember Riley suggested the word "Unapproved" be added to the minutes before they are approved by Council. Mayor Hickey felt this was unnecessary as the minutes are not approved until official action is taken by Council. City Council took no action on the matter. Motion carried by the following roll call vote- AYES' Riley, Feibusch, Snyder, Myers, Hickey NOES' None ABSENT' None 6) Resolution approving application for Councilmember Feibusch pointed Local Assistance Grant under out the State stipulation that California Park Lands Act of 1980 alcoholic beverages are not allowed on school fields and asked if the softball players are aware that alcoholic beverages might not be allowed under this grant. This was an objection expressed by the softball players when they were looking for a location and it was suggested they use one of the school fields. Public Works Director Kruth stated he was not aware of such a stipulation but would check this out. City Attorney Orchard stated this project would be entirely under the jurisdiction of the City and would not concern the schools at all. M/S' Feibusch/Myers to approve Resolution No. 81-58 approving application for local assistance grant under California Park Lands Act of 1980. Motion carried by the following roll call vote' AYES' Riley, Feibusch, Snyder, Myers, Hickey NOES- None ABSENT' None ORDINANCES & RESOLUTIONS 9) Adoption of Ordinance No. 757 authorizing NCPA to issue revenue notes ORDINANCES & RESOLUTIONS 'M/S' Snyder/Myers to adopt Ordinance No. 757 by title only. Unanimously carried by voice vote. M/S' Snyder/Myers to adopt Ordinance No. 757 authorizing the Northern California 'Power Agency to issue revenue notes. Motion carried by the following roll call vote- AYES- Riley, Snyder, Myers, Hickey NOES' Feibusch ABSENT' None CITY ATTORNEY REPORTS lO) Discussion of Bruce Smitham lease and resolution - Airport Property on subject matter. CITY ATTORNEY REPORTS Councilmember Snyder stated as she is an associate of Mr. Smitham, she would abstain from the discussion and vote City Attorney Orchard requested that as Mr. Smitham was not present, that subject matter be heard at a later time. Mayor Hickey opened subject matter for discussion and continued it to be heard upon Mr. Smitham's arrival at the meeting. CITY MANAGER REPORTS CITY MANAGER REPORTS ll) Discussion of matters to be Interim City Manager Cash considered regarding creation referred to a letter dated of an Energy Commission February 27, 1981 from Mr. Cagle wherein he made statements representing the ACCESS Committee. He was of the opinion that this letter is an important factor and should be taken into consideration. Reg. Mtg. 3/.'1/81 Page 2 318 Councilmember Feibusch reported that he had appeared before the Board of Supervisors and asked if they would be in favor of fo'rming a joint City/County energy commission and the Board felt it could be discussed as a possibility. Councilmember Riley was of the opinion that although she agreed in principle with a joint energy commission, there could be problems as the City owns its own electrical system and is a member of NCPA. Councilmember Snyder stated she is having second thoughts about forming an ehergy commission and wondered if creating the commission would create another layer of bureaucracy, would require additional staff time and create a financial impact on the City? She suggested the formation of a volunteer organization that would keep the Council informed. City Attorney Orchard stated that creation as an advisory commission, a commission with actual power or the setting of terms must be determined by Council before formation of the commission can take place and felt more time was needed to study subject matter. Interim City Manager Cash stated that CALSUDA should be notified as provided in the contract and informed of the Council's specific action. M/S' Snyder/Riley that the Interim City Manager write to CALSUDA indicating the Energy Management Plan report has been received, no action has been taken and it will be considered further before final action is taken. Don VanderMey, ACCESS member, felt the energy commission should be advisory only. He stated that the plan will not work unless all parts are taken together. He suggested that if the Council does not like the plan, that it be rewritten. Councilmember Riley suggested that subject matter be put over and each point be voted on individually in order to establish policies. Motion carried by the folloWing roll call vote' AYES' Riley, Feibusch, Snyder, Myers, Hickey NOES' None ABSENT- None CITY ATTORNEY REPORTS 10) Discussion of Bruce Smitham lease and resolution - Airport property down fees. CITY ATTORNEY REPORTS City Attorney Orchard reviewed for Council points of the lease; in particular, percentage set for gross receipts and tie Councilmember Riley referred to page 2, last line of the lease regarding minimum annual rent payable and asked for clarification. City Attorney Orchard stated as this is unclear, it would be rewritten. Councilmember Feibusch stated it was his understanding that the $200 a month rent was for the lower floor plus 2% gross receipts of the restaurant. Mr. Smitham stated it was his understandinq that the original agreement was for 2% of the gross receipts from the ~estaurant with a minimum of $200 a month for the entire building. Councilmember Riley felt that more information was needed before a decision could be made and suggested that the property be appraised. Mr. Smitham pointed out that under the lease he is severely restricted because of federal regulations. M/S' Ri ley/Fei busch that the City Attorney meet with an appraiser or consultant to review the lease. Councilmember Myers also felt more information was needed before an evaluation could be made and Council action taken. Reg.Mtg. 3/4/81 Page 3 319 Motion carried by the following roll call vote: AYES: Riley, Feibusch, Myers NOES: Hickey ABSENT: None ABSTAIN: Snyder City Attorney Orchard stated for Council consideration only that it consider the three tie down spaces as parking spaces for the restaurant. RECESS: 6:05 P.M. TIMED AGENDA TIMED AGENDA 7) ~se Permit No. 81-39 for Planned Planning Director Harris stated Development of Airport Industrial that at the City Council's Park January 21, 1981 meeting, the Airport Industrial Park Specific Plan was adopted. The plan included specific development standards applicable to any construction which would occur within the park boundaries. The area has also been prezoned PD, Planned Development, to insure that the development will be well conceived. At the Planning Commission's February 25 meeting, it approved the Use Permit and recommended it for adoption by the Council. The Planning Commission modified several areas of the originally adopted report and Planning Director reviewed those for Council. Planning Director pointed out that staff is recommending adoption of the resolution as recommended by the Commission with reinstatement of bike lanes on the primary street to avoid future retrofi ts. PUBLIC HEARING OPENED: Gary Akerstrom, property owner, reviewed for Council a photomosaic of aerial photographs of subject property. He spoke to circulation problems. As the airport is City property, he suggested that the City prepare a preliminary engineering study regarding routing of traffic. He felt the bike lanes should not be in the Industrial Park; felt the freeway setback was excessive; agreed with the 25' setback for building purposes; referred to page E5, Minimum Landscaping Requirements, and felt clarification of what was meant was needed; referred to species of trees on page G, Section F l(f) and felt this should be eliminated. He also felt the sign ordinance must be addressed in regard to signing of pocket developments within the Park. He stated matters being considered by the property owners of the Park are a feasibility study and funding of the project. PUBLIC HEARING CLOSED. Councilmember Feibusch stated he would like to see Airport Road extended to give the City an opportunity in the future to develop City land. He felt the bike lanes should be retained. He did not feel the market place should take care of commercial development in relation to retail development in the Industrial Park. He asked if the street width suggested in the report is really needed? Director of Public Works Kruth felt the standard was high and suggested the possibility of separated bike lanes on one side of the street which would also be separated from the sidewalk. He suggested a width of 8' for the bike lanes. Mayor Hickey felt it would be a waste of very valuable land to provide for bike lanes. There was discussion as to the possibility of the National Guard locating within the Industrial Park and their desire to be close to the airport. Director of Public Works Kruth pointed out to Council that a new location for the railroad crossing will have to be accomplished early in the project. M/S: Snyder/Feibusch that the Airport Industrial Park Plan be amended to state "Retail development be permitted only if it is industrial park related"; bike lanes off the street remain within the Plan; that the words "Noise Ordinance" be inserted in place of "General Plan Noise Reg .Mtg. 3/4/81 Page 820 Element" contained on page C 3c; that the words, "and approved by the Planning Commission" be inserted on page ! under Design Guidelines after the word "developed" in the second sentence; that the words, "shall be coordinated with the Master Plan" be inserted on page I, 3a - Building Exteriors, instead of "should be coordinated"; and that the word "shall" be inserted on page J, c in place of the word "should not'" and the word "where" in place of "unless". Motion carried by the following roll ~all vote: AYES:. Riley, Feibusch, Snyder NOES: Myers, Hickey ABSENT: None Mr. Akerstrom requested that the City generate information regarding cost and prepare a feasibility study on the southern portion of this area. Director of Public Works Kruth stated basic preliminary costs as it relates to the City property and extension of utilities to this area in order to tie in to the utilities in the development could be made. M/S: Myers/Snyder to approve Resolution No. 81-59 approving Use Permit No. 81-39, Airport Industrial Park. City Attorney Orchard pointed on that on page J, line 10, "this ordinance" be deleted and "the Ukiah Municipal City Code" be inserted.. Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None RECESS: ' 7:50 P.M. TIMED AGENDA TIMED AGENDA 8) Proposed General Plan Amendment Planning Director Harris stated that Council should review the General Plan Amendment wi th discussion of the introduction and overview, particular evaluation of goals, policies and objectives and identify the data and topics for the next public hearing. Councilmember Riley asked for clarification of the existing plan area boundaries. Planning Director Harris stated that it covers 148 acres from Boonville Road south to Highway 20 north and ridge to ridge, east to west. Councilmember Feibusch asked when the land use would come into discussion under review of the General Plan? Planning Director stated that specific land use changes could be addressed first after consideration of goals and policies. PUBLIC HEARING OPENED: Don VanderMey, 917 Dominican Way, believed the main emphasis should be on affordable housing. He suggested the City Council review goals and policies page by page before specific land uses are considered. Councilmember Riley suggested that any council action be delayed until council can meet with Larry Mintier, State Office of Planning and Research. Mayor Hickey stated this meetin~ would, at the conclusion of this agenda, be adjourned to March 9, 1981 at 3:30 P.M. for this purpose. CITY MANAGER REPORTS CITY MANAGER REPORTS 12) Discussion of in lieu parking fees Councilmember Feibusch stated & method for determining number of as he has an application parking spaces required pending before the building department in regard to subject matter, he would step down to speak on the matter. Reg.Mtg. 3/4/81 Page 5 Interim City Manager Cash stated that Council is required each year to establish an in lieu parking fee. Ted Feibusch, 240 Highland Avenue, stated that on January 29 he had made a request of the Building Official to establish the number of parking spaces and the cost of in lieu parking fees for his building at 180 W. Church and, to date, has not received that information. He pointed out that the Parking Advisory Commission has voted to compute the necessary spaces on the leaseable space or net space. He was of the opinion that it would be extremely difficult to take the gross leaseable space in his proposal because of the arcade, bathrooms, halls and elevator. He further stated that the Fire Marshall establishes a capacity load on the net area as provided in the Ukiah Building Code and felt there should not be two rules regarding subject matter. He stated he was in favor of in lieu parking fees but felt that they must be economically feasible or the downtown would die. Interim City Manager Cash felt that an exact definition of what is meant by "gross leaseable space" needed to be established. He also stated that Council should establish a formula that would best fit the purposes they are trying to arrive at. How to use a formula is also needed. M/S: Snyder/Hickey that Council determine "gross leaseable space" as the total interior floor area within the structure. Councilmember Snyder felt it would be very difficult to define net area and felt it would be far easier to measure wall to wall. She was of the opinion that gross space would never change where net space might. Mayor Hickey felt that the nonproductive space was necessary for the productive space to be productive. Councilmember Myers was of the opinion that the easiest interpretation would be the interior walls but felt Mr. Feibusch's points were well taken. Mr. Feibusch pointed out that the Fire Marshal checks every building and every building permit and if a change takes place in that building, it comes to the attention of the Fire Marshal. He felt that gross leaseable space would work against good planning. Don VanderMey stated three ways in which gross leaseable space needed to be considered. In his opinion, gross leaseable space is the easiest to figure. Planning Director Harris stated that there should be one standard for all departments to use. Mr. Feibusch reviewed for Council the floor plan of his building. Councilmember Riley suggested that a variance procedure be established. Motion carried by the following roll call vote: AYES: Riley, Snyder, Myers, Hickey NOES: None ABSENT: None ABSTAIN: Feibusch Interim City Manager Cash stated again that the City Council is required to set an in lieu fee annually.. The Parking Advisory Committee has recommended $3,000 per stall discounted by 30% for a net cost of $2,100 for each stall. He felt this was a realistic figure. Councilmember Snyder felt more time was needed for research before Council could take action. Clyde Oakes, 376 Gardens, representing the Parking Advisory Committee, stated the recommendation was made for two reasons: 1) keep the cost to an affordable level and 2) did not know at the present time the costs to develop a lot. He also recommended that the fees be set for the year 1982 now so they will always be one year ahead of time and would enable Reg.Mtg. 3/4/81 Page 6 322 contractors to know what their costs would be. He recommended 10% increase in fees due to inflation. Councilmember Sny. der asked what the 30% discount is for? Mr. Oakes stated that if the parking is made available to the City for public parking after 5 P.M., a 30% discount would be given. Don VanderMey asked that Council take into consideration if the fee is too high, it would discourage development in the downtown area and if it is too low, land would be bought cheaply from the City in paying the fee. Mr. Feibusch stated he would not be able to go ahead with his project if he had to pay $16,800 for 8 in lieu parking spaces. Mr. VanderMey stated that perhaps a separate figure for new construction and for conversion could be established. Mayor Hickey tabled subject matter and continued it to Council's March 18, 1981 meeting. Councilmember Feibusch resumed his chair. 13) Discussion of possible consolidation Interim City Manager Cash stated of a vehicle garage, purchasing, small a letter has been received from stores and printing with other public the County Administrator asking agencies that Council consider establishing a central services operation. He further stated that since receipt of this letter, he had located notes made by the former city manager and proposed that Council consider the letter as presented and at the next meeting have a summary of previously developed information for Council consideration. Councilmember Snyder reported to Council that at the recent meeting of the joint City/County committee, it was suggested that the City consider relocating in the maximum security area of the Courthouse. The maximum security area would then relocate at the City Police Department and this would eliminate building a new City Hall. Councilmember Feibusch felt that, from his previous conversations, the judges and sheriff were not in favor of such a move. Councilmember Snyder based on her information stated the judges and sheriff are very much in favor of the move. Councilmember Feibusch stated he would like to see the courts remain in the courthouse but move the maximum security to Low Gap Road. He stated the City owns the land at the Police Department and a new City Hall could be built there. Councilmember Snyder stated that the District Attorney and Sheriff stated there would be a problem with transportation for court appearances if the maximum security prison were to be relocated on Low Gap Road. She further stated this is only informational and to inform Council of the direction the committee is taking. 14) Pending vacancy - Director of Interim City Manager Cash Recreation & Parks stated the Director of Recreation and Parks has indicated he will retire as of June 1, 1981 and has submitted recommendations to Council as to his replacement. He was of the opinion that the matter should come up at the next meeting for diScussion of the recreation and parks program and how it will be handled in the future. Councilmember Rileywas of tile opinion that this is an important issue and the advantage and disadvantages should be examined closely, i.e., explore the contract alternative, examine tile advantages of hiring a Director and determine what the Adult Education would provide. Reg. Mtg. 3/4/81 Page 7 323 15) Award of bids for removal of City M/S: Riley/Snyder to award to owned buildings on Marshall Street Dan Antoni, buildings located & Norgard Lane at 60lB and C Marshall Street in the amount of $100 and to Bob Carroll, building located at Norgard Lane (Parcel ll)'in the amount of $500. Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None CITY C~)UNCIL REPORTS CITY COUNCIL REPORTS 16) Consideration of action regarding Councilmember Riley requested off shore drilling along the that council send a letter to Mendocino County coastline James Watt stating that Council is against off shore drilling. Mayor Hickey felt the energy was needed and would give the economy a boost. Don VanderMey stated that he had experience with oil spills in the Santa Barbara area and felt Council should consider this matter seriously. M/S: Riley/Snyder that City Council send a letter to James Watts, Secretary of Interior, regarding the disapproval of the Council regarding offshore drilling proposed along the Mendocino County Coastline. Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers NOES: Hickey ABSENT: None Councilmember Feibusch stated he was in favor of the letter because he felt it was an investment in obsolescence by the oil companies and felt the future energy source would be hydrogen. Councilmember Riley reported to Council that she had heard that Guinness McFadden had applied for hydro power generation on a ford of the Eel River. Councilmember Feibusch stated the water flowing through Mr. McFadden's property is from the Eel River and he does have an agreement with PG&E. Councilmember Snsder requested a lunch workshop be scheduled for a presentation by the Northern California Trails Council, Inc. as requested in a recent letter. It was the consensus of Council that April 2, 1981 at 11:.30 a.m. at Municipal Clubhouse be set aside for the presentation. Councilmember Snyder reported that she was very happy to read in the minutes of the Recreation Committee that attendance has been up at the golf course. Councilmember Myers suggested that MTA be asked to give a presentation and asked that Ernie Dickens be present at the same time. Interim City Manager Cash stated that a public hearing on the Dial-A-Ride is scheduled for Council's next meeting and suggested that MTA make their presentation at the same meeting. Mayor Hickey wanted to call Council's attention to the Fire Marshal's letter regarding the City Hall deficiencies which pointed up the need for Council to do something as far as a city hall is concerned. COMMENTS FROM AUDIENCE COMMENTS FROM AUDIENCE Linda Foster, Gobbi Street, was opposed to the relocation'of the maximum security prison at the City Police Department and in favor of it relocating on Low Gap Road. ~ Dwayne Hall, Gobbi Street, felt if professionals are handling transportation of prisoners for court appearances, there should not be any problems. He asked if it was the intent that the taxi permits be denied until revision of the ordinance? Interim City Manager Cash stated that not enough information has been gathered to make a recommendation to the City Council Reg. Mtg. 3/4/81 Page 8 as yet. Mayor Hickey stated if the ordinance is revised, that would not delay council action regarding subject matter. Mr. Hall asked for a temporary permit. Mayor ttickey informed him that the matter would have to be agendaed for a future meeting. CHANGE OF OWNERSHIP - TelePrompter Interim City Manager Cash reported to Council that he received a letter and telephone call advising the City that TelePrompter's operation has been purchased by Westinghouse Broadcasting Company and as the same name.and same personnel will be retained, no Council action is required. ADJOURNMENT- To Executive Session (Personnel, Litigation) - 9'30 P.M. City Council reconvened and adjourned the meeting to March 9, 1981 at 3'30 P.M. MARY MELVIN Deputy City Clerk Reg. Mtg. 3/4/81 Page 9