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HomeMy WebLinkAboutmin 01-21-81288 CITY COUNCIL MINUTES CITY COUNCIL CHAMBERS UKIAH, CA. lll W. Church January 21, 1981 AGENDA ACTION TAKEN CALL TO ORDER 6:32 P.M. Mayor Hickey presiding. Councilmembers present: Riley, Feibusch, Myers, Hickey. Councilmember absent: Snyder. Staff present: Cash, Kruth, Harris, Beard, Shephard, Tillotson, Melvin INVOCATION PLEDGE OF ALLEGIANCE Reverend Edwin Sohn Councilmember Feibusch Mayor Hickey welcomed Lyell C. Cash former Ukiah City Manager who will serve as Interim City Manager until recruitment for the position is completed. PROCLAMAT I ON Mayor Hickey proclaimed the week of February 15-22, 1981, as Big Brothers and Big Sisters Appreciation Week. Becky Thomas accepted the Procl amati on. Mayor Hickey proclaimed the week of January 25-February l, 1981 as Mardi Gras Week. Three students from St. Mary's School received the Proclamation. Councilmember Riley requested that Agenda Item No. 21, MTA Presentation be pulled and agendaed for the meeting of February 4, 1981. CONSENT CALENDAR CONSENT CALENDAR Councilmember Feibusch requested that Items 2 and 4 be pulled. M/S: Myers/Feibusch to approve Items #1, 3 and 5 on the Consent Calendar as follows: l) Payroll Warrants, #12872-13033, $104,343.09 3) Minutes of Special Meeting, January 7, 1981 5) Approved contract for City Manager services - Lyell C. Cash. Motion carried by the following roll call vote: AYES' Riley, Feibusch, Myers, Hickey NOES: None ABSENT: Snyder 2) General Warrants Councilmember Feibusch referred to Warrant No. 16439 to SAI Engineers Inc. and asked what the status of the design was. Director of Public Works stated that a report had been received which 2S9 will be forwarded to Council at a subsequent meeting. Councilmember Riley asked for explanation..of Warrant No. 16334 to Ace Aerial Service, Inc. Mayor Hickey stated it was airfare for attendance at a NCPA meeting. M/S: Myers/Feibusch to approve Warrants #16323-16485, $558,333.06. Motion carried by the following roll call vote: AYES: Riley, Feibusch, Myers, Hickey NOES: None ABSENT: Snyder 4) Minutes, January 5, 1981 M/S' Feibusch/Riley to approve minutes of regular meeting of January 8, 1981 as amended by Councilmembers Feibusch and Riley. Motion carried by the following roll call .vote- AYES' Riley, Feibusch Myers, Hickey NOES: None ABSENT: Snyder PUBLIC HEARINGS PUBLIC HEARINGS 6) Airport Industrial Park Public Hearing opened: Specific Plan Jim Westridge, Christian & Foster Associates, who spoke on subject matter at City Council meeting of January 7, 1981, stated he would answer any questions the Council might have. Bill Fowler, Chamber of Commerce, urged the Council's speedy approval of the program so the Chamber can promote it. Public Hearing closed. In answer to Councilmember Riley's question regarding potential drainage problems, Planning Director stated that drainage is addressed in the Plan and would be included in the implementation program. Councilmember Riley expressed concern that if commercial useage were allowed in the Park, it would draw away from the downtown area. It was the consensus of Council that the following changes be made' statement referring to antigrowth sentiment on page 7 should be stricken from the report; page 17, paragraph D, the wording "off site improvements will be the responsibility of the City" be changed to "off site improvements may be the responsibility of the City"; in favor of moving the south cross road further down to Norgard Lane and continue Airport Road to Norgard Lane; pages 24-25, paragraph F per- taining to storage of materials inside should be reviewed and allowance made for storage outside the building; reference made to "Planning Director" on pages 26 and 28 be changed to read "Planning Commission"; page 29, felt off site parking was too restrictive and should be increased to 350 square feet; page 33, capital improvements should be addressed and determination made who will pay for them; the intent of the proposed Park not be retail development but primarily an industrial park. M/S: Feibusch/Myers to find the Negative Declaration adequate and complete. Motion carried by the following roll call vote- AYES' Riley, Feibusch, Myers, Hickey NOES: None ABSENT: Snyder M/S: Riley/Feibusch to adopt the Airport Industrial Park Specific Plan as amended to include comments contained in the Planning Director's January 16, 1981 memorandum and Council's comments above. Motion carried by the following roll call vote' AYES' Riley, Feibusch, Myers, Hickey NOES: None ABSENT: Snyder 7) Public input on desirable Public Hearing opened: qualifications of City Manager Mayor Hickey read the letter received from the Ukiah Chamber of Commerce recommending the person Reg.Mtg. 1/21/81 Page 2 fi90 chosen as the new City Manager be experienced and have skills relative to community planning and in particular, economic development, excellent promotional skills and the ability to explore and develop touri sm. Linda Foster, 180 E. Gobbi, felt the new City Manager should be able to relate to the citizens. Public Hearing closed. Councilmember Feibusch stated he had informed th~ Ukiah Daily Journal of the public hearing tonight but unfortunately it was not printed in the newspaper. Council requested that notification of Council's January 26, 1981 special meeting at 3 P.M. regarding subject matter be publicized. Mayor Hickey stated the new City Manager should be familiar with all facets of a full service ci.ty as Ukiah is~as well as having experience in labor negotiations. 8) Application to operate taxi service City Attorney reviewed for in City of Ukiah Council reasons for denial of application as set forth in Section 2536 of the Ukiah Municipal Code and pointed out that Council should consider whether there is public need or demand for additional taxi service. Public Hearing opened: Warren Blodgett, applicant, stated he felt Section 2538 of the Code dealing with insurance requirements was inadequate and that he carried more insurance than required. He stated he would operate after Dial- A-Ride hours and on weekends. He further stated he had obtained a County permit but had not purchased a cab yet. He would charge $1.25 for the first mile and explained the computation of the fare after that point. Councilmember Feibusch asked if he would be interested in a franchise agreement with the City? Applicant stated he would be agreeable to a franchise agreement. Acting City Manager felt it would be proper to have a franchise operation. Kathy Dinwiddie, MTA, asked if there would be reduced fares for senior citizens or handicapped, asked how calls would be relayed to him after Dial-A-Ride hours and if the taxi service would be subsidized? Appli- cant stated he did not plan to give reduced fares to senior citizens or handicapped, that calls after Dial-A-Ride hours would either be transferred directly to him or a recording would direct the caller to call another number and that his taxi service would not be subsidized. Larry Kier, 425 W. Church, stated he would like to see downtown merchants and Dial-A-Ride thrive because of the services they provide and not because competition is not allowed and felt the taxi service should be allowed to operate all hours so as to be in competition with Dial-A-Ride. Linda Foster, E. Gobbi, felt there was a definite need for after hours taxi service. Wayne Hall, 700 E. Gobbi, stated that applicant had not met the requirements for a taxi permit in as much as he did not provide all information required on the application and he requested that Council postpone any action until applicant can furnish a completed application. He stated he has also filed for a taxi permit with the City; has obtained a County permit and charges $1.00 for the first mile and gives 10% off coupons to senior citizens. The hearing for Mr. Hall's taxi p. ermit is scheduled for February 4, 1981. Reg.Mtg. 1/21/81 Page 3 291 City Attorney stated the application is.merely to bring the matter before the proper authorities and that Conditions can be waived as long as the Council is satisfied with the ability of applicant to deliver. He further suggested that it would be wise to postpone action and .consider both applications at the same time. Public Hearing closed. M/S: Feibusch/H~ckey to. table taxi permit application of Warren Blodgett and request Acting City Manager to .get proposals from both taxi cab companies in detail and submit the results at the next meeting. Motion failed by the following roll call vote: AYES- Feibusch, Hickey NOES: Riley, Myers ABSENT: Snyder Councilmember Myers pointed out that Dial~A-Ride is guided by the provisions of SB325 and asked if the City wished to extend the Dial- A-Ride service, would granting of the taxi permit application close any future opportunity for the City to expand its service? City Attorney.will look into this and report back to Council. M/S: Myers/Riley to postpone action on subject matter until both applications can be presented to Council and Council's questions can be reviewed and answered. Motion carried by the following roll call vote- AYES' Riley, Feibusch, Myers., Hickey NOES: None ABSENT: Snyder RECESS: 8:20 P.M. REPORTS FROM BOARDS, COMMITTEES, COMMI SS IONS REPORTS FROM BOARDS, COMMITTEES, COMMISSIONS 9) Extension of in lieu parking fees M/S: Feibusch/Hickey to refer to areas outside parking district subject matter back to Parking Advisory Commission with the recommendation that no action be taken until the parking meter bonds are paid off. Motion carried by the following roll call vote': AYES' Riley, Feibusch, Myers, Hickey NOES: None ABSENT: Snyder 10) Airport land lease - Assistant Director of Public James L. Cagle Works Beard stated the Airport Commission is recommending that the City Council consider a lease of approximately 2.5 acres of airport land immediately south of the City Corporation Yard to James L. Cagle. He further stated that the fees recommended are based on the lease rate under an existing lease Mr. Cagle holds. City Attorney Orchard recommended that the wording on page 2, under Term, be for a term of three (3) years with three (3) successive options to renew. Councilmember Riley was of the opinion that the property should be appraised and then be rented at the fair market value. Larry Kier, Airport Commissioner, was of the opinion that the key to determination of a fair rental rate is the reversion factor. He stated the lease contains provision to cancel the lease with only thirty day notice and Mr. Cagle is also asked to make certain improvements. Thi~coupled with the fact that it has not been possible to rent airport property at any price~justifies the proposed rate. Councilmember Feibusch felt that a rent of $175 was not enough and suggested it be $250/month and felt 30 day cancellation was unfair to Mr. Cagle. Reg.Mtg. 1/21/81 Page 4 29'2 M/S' Feibusch/Hickey to offer the lease to Mr. Cagle for the first initial per~od of three years at $250 a month with a one year cancellation. City Attorney reviewed 7 b) of the proposed lease for Council relating to the agreement subordinating to the needs of the community and the municipal government. Motion failed by .the following roll call vote' AYES' Feibusch, Hickey. NOES: Riley, Myers ABSENT' Snyder M/S: Feibusch/Hickey to offer the lease to Mr. Cagle at $250.00 per month for three years with three successive options to renew,. With a six month cancellation clause. Motion carried by the following roll call vote' AYES- Feibusch, Myers, Hickey NOES' Riley ABSENT: Snyder ll) Proposal from Bruce Smitham for Assistant Director of Public lease of land at airport Works Beard stated that the Airport Commission is requesting the City Council review the proposed lease as to concept, terms and conditions. Applicant proposes to construct a two story building at the airport south of and adjacent to the FAA building. The proposed lease area will overlap a portion of the existing FAA lease which now contains a storage building. FAA has stated that relocated storage or alternative storage would be acceptable. Bruce. Smitham, applicant, stated he is requesting a lease of 30 years with a 20 year option; $150 a month rental and that reversion of the improvements to the site be at the end of 50 years. Councilmember Feibusch referred to page l, lines 12 and 13 of the lease and suggested that it read "Said rental to be adjusted at the end of every four (4) years...". He also suggested, that as applicant has requested three tie down spaces that he pay.S15.00 a month for each tie down in addition to rent. Discussion was had as to the parking requirements for a restaurant. Planning Director stated that for every three seats one parking space is required and one space for each employee on a maximum shift is required. Councilmember Riley felt that with the potential income from a restaurant at the airport, $150 rent is not enough. Councilmember Feibusch asked if applicant would consider a lease at $200 a month, plus three tie down fees totally $45.00 a month, and a percentage of the gross operation of the restaurant? Applicant stated he would consider a percentage. Mayor Hickey felt this was an area that needed research to know what an appropriate percentage would be. City Attorney was requested to work with Mr. Smitham on the lease. WRITTEN COMMUNICATIONS WRITTEN COMMUNICATIONS 12) Request for authorization to Director of Public Works apply for historical preservation Kruth stated that the City funds for Sun House was notified that the County has grant funds available for preservation of historical facilities from the sale of the old Manchester School. The Sun House Guild is asking to make application for the grant with the Sun House Guild putting up $500 and the City putting up $500 to match the maximum grant of $1,000. Mayor Hickey stated that the$500 will come from the Sun House budget and not the General Fund. Councilmember Feibusch asked if the Guild would raise the $500. Leila Reg.Mtg. 1/21/81 Page 5 293 Lee stated that they are holding a raffle and also having an antique sale to raise funds. M/S: Riley/Myers to authorize the Acting City Manager to apply for the grant. Motion carried by an unanimous voice vote. 13) Paul Marsh annexation request Planning Director Harris stated that applicant is requesting annexation to the City of approximately 4½ acres on South State Street adjoining the airport. Staff feels that the major concern is that although the property is adjacent to the City boundary, access to the site is only from State Street and is approximately one half mile from the closest City territory on State Street. The water service is within the Willow County Water District and current policy is for the City to provide water for annexed areas. Staff is recommending that City Council not proceed with annexation at this time. However, if the owners of parcels between the existing City boundaries at the airport south entrance and the subject lot wish to annex and agreements could be reached with the Willow Water District, staff's position would be more positive. Paul Marsh, applicant, stated that there is a contingent offer on the property. The property would be used by a governmental agency and the governmental agency is required to be within the City limits. Mayor Hickey stated that City Council policy regarding annexation in the past has been that the City would provide the services and if this could not be accomplished, then the annexation would not be accompl i shed. Councilmember Riley felt that until the CRIS model is available, the Council should follow past practice that all new annexation have City provided services. M/S- Riley/Feibusch to not annex subject property until the CRIS model is available. Motion carried by the following roll call vote- AYES' Riley, Feibusch, Myers, Hickey NOES' None ABSENT' Snyder ORDINANCES & RESOLUTIONS ORDINANCES & RESOLUTIONS 14) Introduction of ordinance amending Planning Director Harris stated portions of Division 3 of Ukiah that the Building Official has City Code - abatement of dangerous recommended adoption of buildings subject code for abatement of dangerous nonresidentia 1 buildings. The current Uniform Housing Code provides similar regulations for residential structures. Councilmember Feibusch felt that adoption of this ordinance would add to the paper work and felt another code was unnecessary as the Building Official can determine structures are unsafe without passage of this code. City Attorney stated that although there is no application for it now, it simply would be on the record in case there is need. M/S' Riley/Myers to introduce Ordinance No. 755 by title bnly. Motion carried by the following roll call vote' AYES' Riley, Myers, Hickey NOES' Feibusch ABSENT' Snyder M/S' Riley/Myers to introduce Ordinance No. 755 amending portions of Division 3 of the Ukiah City Code - Abatement of Dangerous Buildings. Motion carried by the following roll call vote- AYES' Riley, Myers, Hickey NOES' Feibusch ABSENT- Snyder Reg.Mtg. 1/21/81 Page 6 fi94 RECESS' 10'05 P.M. 15) Introduction of revised sign ordinance M/S: Riley/Feibusch to find Negative Declaration adequate and complete. Motion carried by the following roll call vote' AYES' Riley, Feibusch, Myers, Hickey NOES' None ABSENT: Snyder M/S' Riley/Feibu'sch to introduce Ordinance No. 756 by title only. Motion carried by unanimous voice vote. M/S: Riley/Feibusch to introduce Ordinance No. 756 repealing existing Chapter 7 of Division 3 of the Ukiah City Code and adopting new Chapter 7, Division 3 (sign regulations). Motion carried by the following roll call vote' AYES: Riley, Feibusch, Myers, Hickey NOES' None ABSENT- Snyder 16) Adoption of resolution establishing Planning Director Harris fees' for building permits, electrical stated that the Building permits, plumbing permits and Official has recommended a mechanical permits decrease in the fees required for issuance of building permits. The proposed change is to reduce the initial permit fee to that of the supplemental permit and have the same charge for all permit issuances. The new fee will also not be such a detriment to filing for the smaller permits which are not now being obtained. M/S- Myers/Riley to adopt Resolution No. 81-49 establishing fees for building permits, electrical permits, plumbing permits and mechanical permits. Motion carried by the following roll call vote' AYES- Riley, Feibusch, Myers, Hickey NOES' None ABSENT: Snyder CITY ATTORNEY REPORTS CITY ATTORNEY REPORTS 17) Discussion of Sun House City Attorney Orchard stated Museum Contract that the person hired must be an independent contractor. This has created a problem in this particular instance of who will be in charge. The Guild is to do all the same things that were put in our offer of employment for museum director. He felt by this contract, the Guild will be subordinate to the museum director. He also felt that in the agreement, provision will have to be made that activities be coordinated with the Guild. Mayor Hickey stated in as much as the contract is not ready, subject matter be continued to the next meeting. 18) Report on proposed Civil Service Ordinance amendment City Attorney Orchard requested that subject matter be heard in Personnel Session. CITY MANAGER REPORTS CITY MANAGER REPORTS 19) Correction of bid award - street light fixtures and lamps january 7, 1981. Director of Public Works stated that an error i~ bid processing was discovered and requested Council rescind its action of M/S: Riley/Myers to rescind its aci~ion of January 7, 1981 awarding bid for street light fixtures and lamps to Bayside of Santa Rosa and award the bid for street light fixtures to Bayside of Santa Rosa in the total amount of $4,742.50 and award the bid for lamps to Walkerlite Company in the total amount of $648.56. Reg.Mtg. 1/21/81 Page 7 295 Motion carried by the following roll call vote' AYES' Riley, Feibusch, Myers, Hickey NOES' None ABSENT: Snyder 20) CRIS Model Planning Director Harris stated that he will be reviewing the individual systems with each department head and will have a workshop session with the department heads to gain better understanding of CRIS. He estimated that these meetings would take at least three weeks. He also proposed that a session with Council be established so they can review the base data' input, actual outputs and various uses of CRIS. He recommended that no action be taken at this time regarding additional consultants. He also asked that a date be set, other than a Wednesday, so that Chuck Lewis could be here. Mayor Hickey set February 23, 1981 at 3 P,M. for a meeting on the CRIS model with Chuck Lewis. Councilmember Feibusch questioned the amount of Dyametric's statement. Planning Director Harris stated that a detailed itemization could be requested- to find out where the costs went. Acting City Manager stated that in his conversation with Mr. Lewis, he did indicate there were defects in the end product and felt adjust- ments could be made. CITY COUNCIL REPORTS CITY COUNCIL REPORTS Councilmember Riley requested that the MTA presentation be agendaed for February 4, 1981 meeting and that all councilmembers get a copy of the proposed contract. She further stated that she had talked to a County official who stated that the County is investigating an energy commission and felt there may be a potential for coordinating the City and County energy planning. She has received several complaints regarding a liquor store sign and asked if it is in conformance with the sign ordinance? Planning Director stated that the old ordinance is still in effect. She requested that the Police Chief come and give the Council a report on the increase in burglaries and what the citizens can do. Council took no action on the request. She reported that next Monday and Tuesday the County Planning Commission will be meeting with CAC to go over the General Plan update and suggested that Planning Director Harris attend those meetings. She also suggested that when the County Planning Commission approves the County General Plan, it would be a good idea to have a joint City Council/Board of Supervisors meeting because so much of the growth is happening outside the City limits but the City is being impacted. Mayor Hick~e~v reported that the City received a letter of thanks from Laura Long for our letter of congratulations on her 90th birthday. He reported that NCPA has submitted a proposal to the Humboldt Bay Municipal Water District for installing a power plant on the upper Mad River in Trinity County with a 1984 operation date. He stated that the article "State Overregulations" contained in "Environment & The Economy" would be of interest to councilmembers. Copies will be forwarded to members of the Council. City Attorney stated that Mayor Hickey's presentation on "State of the City" to the Rotary Club was excellent. COMMENTS FROM AUDIENCE COMMENTS FROM AUDIENCE Kevin Blundell, 13750 Eel River Road, Potter Valley, Mendocino Community Reg.Mtg. 1/21/81 Page 8 fi96 College student, thanked the Council and especially Councilmember Feibusch for allowing him to be involved with the City Council. ADJOURNMENT - EXECUTIVE SESSION (PERSONNEL, LITIGATION) - ll P.M. MARY MELVIN Deputy City Clerk Reg.Mtg. 1/21/81 Page 9