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HomeMy WebLinkAboutmin 01-07-81CITY COUNCIL MINUTES CITY COUNCIL CHAMBERS UKIAH, CA. lll W. Church January 7, 1981 AoGENDA ACTION TAKEN CALL TO ORDER 6:37 P.M. Mayor Hickey presiding. Councilmembers present: Riley, Feibusch, Myers, Snyder, Hickey. Staff present: Kruth, Harris, Orchard, Beard, Tillotson, Yarbrough, Melvin INVOCATION PLEDGE OF ALLEGIANCE Mayor Hickey Councilmember Riley CONSENT CALENDAR CONSENT CALENDAR Councilmember Feibusch requested that Items 6 and 7 be pulled; Mayor Hickey requested that Item 2 be pulled; Councilmember Myers requested that Item 3 be pulled. M/S: Feibusch/Myers to approve Items #1, 4, 5, 8-13 on the Consent Calendar as follows: 1) Payroll Warrants, #12388-1255~ $112,355.58; #12555-12718, $108,231.52; #12719-12871, $107,472.92. 4) Minutes, Special Meeting, 12/1/80 and 12/8/80. 5) Approved contra'ct with Community Development Commission of Mendocino County to prepare U.S. Department of Housing and Urban Development Small Cities Grant application. 8) Approved Resolution No. 81-41 adding addendum to Main Street project update and directing filing of relocation plan update. 9) Approved Resolution No. 81-42 appointing A1 Kruth Acting City Manager and fixing salary therefor. 10) Approved Resolution No. 81-43 appointing Roy Brosig as alternate member of Board of Directors of Redwood Empire Insurance Fund. ll) Approved Resolution No. 81-44 authorizing destruction of certain records. 12) Awarded bid for conversion of street lights to high pressure sodium to Bayside of Santa Rosa in the total amount of $5,953.07. 13) Denied claim for damages of Jim Orsi. Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None 2) General Warrants Mayor Hickey asked for an explanation of Warrant No. 16268 to Ukiah Sheet Metal Shop in the amount of $1,413.92'. Acting City Manager Kruth stated this is a budgeted item to replace the unsafe furnace at the Sun House. Councilmember Riley questioned payment to the auditor (~$arrant No. 16137) since Council had not yet received the d'~dit and Acting City Manager stated he understood the audit had been completed. He was not prepared to comment on the cost sharing arrangement but would make a special report to the Council by letter. Payment of Warrant No. 16137 had been already made under the agreement of the Council December 19, 1980 register. M/S' Snyder/Feibusch to approve the December 19, 1980 Warrants #16137-16286 in the amount of $496,259.12 and the January 7, 1981 Warrants #16287-16322 in the amount of $~36,838.87. Motion carried by the following roll call vote' AYES' Riley, Feibusch, Snyder, Myers, Hickey NOES' None ABSENT. None 3) Minutes, Regular Meeting, M/S' Myers/Riley to approve December 3, 1980 minutes of regular meeting of December 3, 1980 as amended by Councilmember Myers. Motion carried by Unanimous voice vote. 6) Lease for access roadway to Councilmember Feibusch asked Beacon how much is the roadway to the Beacon used? Acting City Manager Kruth stated it is used by the City approximately once every three months. Councilmember Feibusch stated he felt this was a substantial amount of money for the use of the roadway. Actinq City Manager explained the FAA requires that it remain so the City ~as no other alternative. M/S' Feibusch/Myers to approve Beacon right-of-way agreement with Larkin D. Younce.. Motion carried by the following roll call vote' AYES- Riley, Feibusch, Snyder, Myers, Hickey NOES' None ABSENT. None 7) Resolution authorizing execution of water rights application with California State Water Resources Control Board Councilmember Feibusch asked if it was proper to have resolutions on the Consent Calendar? City Attorney Orchard stated that it is proper procedure. M/S: Feibusch/Riley to approve Resolution No. 81-40 authorizing execution of water rights application with California State Water Resources Control Board. Motion carried by the following roll call vote' AYES' Riley, Snyder, Myers, Hickey NOES'. Feibusch ABSENT' None REPORTS FROM BOARDS, COMMITTEES, COMMISSIONS REPORTS FROM BOARDS, COMMITTEES, COMMISSIONS 18) Revised Tentative Map 79-113 Planning Director Harris stated Park West Condominium that on October 1, 1980, the City Council approved a six month extension for filing the final map for subject project. In completing the final engineering, modifications to the map were necessary and it was deemed appropriate to prepare a revised tentative map for Commission and Council approval before final map submittal for acceptance. Planning Commission approved the tentative map on December 10, 1980. He reviewed for the Council the seven changes to the tentative map. Staff feels that the changes are minor and recommends approval. M/S: Snyder/Myers to adopt Resolution No. 81-45 approving revised tentative subdivision map No. 79-113 for Park West Condominiums. Councilmember Feibusch referred to the minutes of October l, 1980 at which time City Council considered subject matter. In his. opinion, the revised map did not adhere to Council's direction at that meeting. The developer agreed to plan for good traffic flow into the development. To accomplish this, the roadway at the Crook property would have to be widened. He added that he was in favor of the project but felt no action should be taken until a firm commitment from the developer regarding the Crook's property is accomplished. Councilmember Snyder was of the opinion that it was not Council's responsibility to resolve this problem but up to the developer. Reg.Mtg. 1/7/81 Page 2 282 Howard Bashford, engineer for project, stated that the roadway will be a constant width throughout and felt it was not necessary to acquire that piece of property from the Crooks. Councilmember Riley stated she could not vote in favor of the project as she felt a hillside ordinance is necessary before this type of development occurs and also felt the traffic has not been adequately mitigated. Councilmember Snyder asked if the tentative map is approved as presented, would the developer have to straighten the roadway? Acting City Manager stated that if the Council approves the map as presented, the developer would not have to acquire that property. However, the Council could add a condition of approval. Councilmember Snyder asked why subject matter was brought to Council for action when Council expressly made a definite request at the time the matter was previously heard? Planning Director Harris stated as the roadway does not impinge upon private property, the intent had been met and the area outside the curb line was felt not to be significant. It was his understanding of Council's intent that if the purchase was necessary it should be purchased; if not necessary, then no purchase was necessary. Councilmember Feibusch asked if further negotiation will be made with Mr. Crook? Mr. Bashford stated he felt the 24' width was adequate and unless Council directs negotiation for that piece of property, no further negotiations would be attempted. M/S: Snyder/Myers to amend the original motion adopting resolution of the tentative map for Park West Condominiums conditioned on the developer acquiring that portion of property which creates a 40' right of way marked Exhibit A on the Tentative Subdivision Map. Motion carried by the following roll call vote: AYES: Feibusch, Snyder, Myers, Hickey NOES: Riley ABSENT: None PUBLIC HEARING PUBLIC HEARING 14) Joint Meeting with Planning Public hearing declared open. Commission regarding Airport Industrial Park Specific Plan Gary Kraft and Irwin Williams from Boles and Associates reviewed for Council and Planning Commission the work done by Bolles and Associates, Recht Housrath and Associates, Plan Advisory Committee (property owners and representatives from City commissions and interested community agencies and City Planning staff). They spoke to generalized land use plan, primary circulation system plan, site resources and constraints, design standards, capital improvements and financing techniques and strategies. All analyses made resulted in the determination that subject area lends itself most favorably to small industrial uses such as wholesale outlets, warehouses and repair services. Mr. Williams stated that the economic consultant considered offsite improvements to be the primary circulation through the site and the onsite to be the actual lots to be developed. He also stated that the economic consultant has illustrated a combination of federal economic grants for help financing the offsite improvements that the City would apply for. Subject grants would not have to be paid back. Mr. Kraft stated that an assessment district would be helpful to minimize the cost to the developer. Councilmember Feibusch was of the opinion that before the City enters into an indebtedness, the City should know the revenue the project would generate. Jim Westridge of Christian & Foster, representing the major property owner, Lin Ford, commended the report very highly and felt the research done was very thorough. He was of the opinion that the City would Reg.Mtg. 1/7/81 Page 3 act as the vehicle to develop this worthwhile aesthetically pleasing development for the City. He felt that the offsite improvements should be borne by the City entirely and felt this project would help the community tremendously. Yvonne Metzler, Planning Commission member and member of Industrial Park Advisory Committee, felt the plan was well thought out and as President of the Chamber of Commerce, it is the Chamber's intent to address the marketability of .that area with the intent of working on the financial program. Cheryl Baker, Redwood Legal Assistance, asked how many homes are located in the area and was advised there are 4 or 5 on the site and that the homes would remain. Public Hearing closed. Mayor Hickey stated that no decision would be made at this time and that other public hearings would be scheduled. RECESS: 8:3.0 P.M. 15) Community Development Block Public Hearing opened. Grant Program Preapplication Roy Tindle, Community Development Commission, stated that this is the second public hearing regarding application to HUD for land acquisition for a housing project of approximately 40 low and moderate income units. Duane Hill, Executive Director of Rural Community Housing Development Corporation, explained his participation in the project and the efforts made to locate a site for subject project. City Attorney Orchard asked if this would tie in with the contract for last resort housing? Mr. Hill stated that the funds will be used for that project too. Cheryl Baker, Redwood Legal Assistance, stated she was strongly in favor of the City's approval of the preapplication. Public Hearing closed. M/S: Riley/Feibusch to approve the Community Development Commission's preapplication to U.S. Department of Housing and Urban Development. Motion carried by unanimous voice vote. 16) Zone Change Appl. No. 80-27 Planning Director Harris Robert Baarsch- Morris, Oak stated it was his understanding & Pine Streets that applicant may wish to withdraw the application for zone change and apply for a variance. The key issue is the increased density. Public Hearing opened. Applicant, Don Baarsch, 4893 Black Bart Road, Redwood Valley, confirmed Planning Director's statement regarding withdrawing subject application. This decision was based on the present economic condition.. He will subsequently apply for a variance. He stated that his survey of lot sizes in the area determined that a majority of the lots have 50' frontages so consistency with the neighborhood has been taken into consideration. Holly Brackman, 436 N. Pine, stated that under the old General Plan the zoning is medium low density. She asked that the Council support and uphold the General Plan both new and old in regard to medium low density. Reg.Mtg. 1/7/81 Page 4 Charles Ruelle, 980 N. Oak, stated he is against spot zoning. Public Hearing closed. Councilmember Riley stated that because of her involvement in the activities of this neighborhood, she discussed with City Attorney a possible conflict of interest. The City Attorney determined there was no conflict of interest. M/S: Riley/Snyder that the City Council go .on record in support of the development of the number of units recommended by the General Plan for medium-low density, i.e. 3 units. Councilmember Riley felt it was important for the City Council to go on record so developers and people in the neighborhood know what is expected. Councilmember Snyder stated that allowing three units on this parcel would actually be a density bonus and felt that granting in excess of what the General Plan provides would place the City in violation of State code. She felt infill should be used more as an isolated case on single lots and not as minor subdivisions. Councilmember Myers asked what type of bonuses are given? Planning Director stated that the current General Plan talks about 10% based on open land. The Planning Commission has suggested several action programs relating to increased density basically responding to low- moderate income housing, solar or bike lanes. Mayor Hickey felt the General Plan should be flexible. Cheryl Baker stated that currently under California Government Code density bonuses are allowed for low to moderate income development. Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers NOES: Hickey ABSENT: None REPORTS FROM BOARDS, COMMITTEES, COMMISSIONS REPORTS FROM BOARDS, COMMITTEES, COMMISSIONS 17) Ukiah Energy Management Plan Acting City Manager stated that & Municipal Sol ar Utility the plan has been before the Council in the preliminary form and is now being presented in final form. He introduced Connie Smyser, consultant in charge of the project. Connie Smyser, Consultant to ACCESS, expressed thanks to the Council and introduced four members of ACCESS each of whom gave a report: Bert Hinds, Chairman, Terry Fite, Paul Pi ti no, Steve Baumann. It was pointed out that City Council review the report prior to taking any action on the recommendations contained therein. It was the general consensus of ACCESS that City Council should consider using utility reserves to pursue the Committee's recommended programs, take an active roll in choosing alternative sources of energy, set an example for the community by incorporating solar into their facilities and make solar hot water heaters a requirement as the City looks to con- tinued growth. Acting City Manager stated that the City Council can either accept the report or accept the report and set a public hearing to de%ermine what action to take. M/S: Snyder/Feibusch to receive the Ukiah Energy Management Plan and to forward it to any interested parties, including staff, for comments and to set a hearing date. Motion carried by unanimous voice vote. Councilmember Snyder recommended that a work session be scheduled at Reg.Mtg. 1/7/81 Page 5 lJhe City Park Clubhouse with the public invited to consider the matter further. Mayor Hickey set February 5, 1981 at 12 PM as the date for the workshop. The news media will be so notified. Tom MonPere, Member of ACCESS, was glad for the experience of serving on the committee and felt Connie Smyser's work with the committee was exceptional. He hoped that this whole area of energy is pursued to its conclusion. Councilmember Myers asked where the public wOuld have access to this report. Acting City Manager stated it would be placed at the Library. WRITTEN COMMUNICATIONS WRITTEN COMMUNI CATIONS '19) Appeal of Theodor Feibusch from action or nonaction of Planning Commission for architectural approval of project, 180 W. Church Street Councilmember Feibusch, through his attorney Burgess Williams, requested subject appeal in a letter dated December 18, 1980. City Attorney Orchard stated that application went unnecessarily before the Planning Commission for architectUral review of this project. He stated the question has been raised whether or not there needs to be a site plan for an existing structure. The building across the street is an existing structure. The code does not require a site permit unless it's new construction. In 1978, there was an architectural review committee, but the code was changed and seemed to intend to put it all under site permits. In this case, the action of the Planning staff was in order and in accordance with Code requirements. The City Attorney was of the opinion, however, that there should be a specific code section setting forth architectural review provisions. He stated it was his under- standing that applicant has withdrawn his appeal in light of the City Attorney's interpretation of the code. Councilmember Feibusch stressed the importance of the establishment of an architectural review committee and stated that many cities have professional architects in advisory positions on these committees. Councilmember Feibusch at this point withdrew his appeal. No action was taken. ORDINANCES & RESOLUTIONS ORDINANCES & RESOLUTIONS 20) Resolution approving NCPA Member Service Agreement Member Service Agreement. M/S: Myers/Riley to approve Resolution No. 81-46 approving Northern California Power Agency Councilmember Snyder referred to page 8, Section 2.06 and asked for clarification of other projects. She questioned the ability of the City to pursue alternate energy at the local level and felt the City would be precluded if the agreement were to be signed. Mayor Hickey explained that NCPA would not be interested in something that would have a small output because as it is spread out among all its members, no one would realize an appreciable amount. Acting City Manager referred Council to the Section 2.07 and Councilmember Snyder felt this section was in conflict with the previous Section 2.06. Acting City Manager stated that this does not preclude us from developing any project within the City of'Ukiah. Councilmember Feibusch stated he was disappointed that the development fund had to be merged with NCPA. Motion carried by the following roll call vote' AYES- Riley, Snyder, Myers, Hickey NOES: Feibusch ABSENT: None 20A) Resolution authorizing purchase of Airport Clear zone property owned by the McCutcheons. M/S: Snyder/Myers to place Item 20A on the agenda. Motion carried by unanimous voice vote. 285 Reg. Mtg. 1/7/hi Paue 6 M/S: Snyder/Myers to adopt Resolution No. 81-47 authorizing purchase of Airport Clear Zone property owned by the McCutcheons. Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None CITY ATTORNEY REPORTS CITY ATTORNEY REPORTS 21) Further consideration of The delay of action on subject proposed Sign Ordinance ordinance revolved around the grandfather clause contained therein. City Attorney Orchard felt that there is a possibility of litigation which ever way the Council acts. He recommended that a negative impact report be filed prior to adoption of the ordinance and requested that subject matter be scheduled for the next Council meeting. CITY MANAGER REPORTS None CITY COUNCIL REPORTS CITY COUNCIL REPORTS 22) Planning Commission Applicants Councilmember Riley nominated Dennis Ivey; Councilmember Snyder nominated Jean LaMalfa Robertson. By ballot, Dennis Ivey was appointed to the Planning Commission. The appointment was confirmed with the adoption of Resolution 81-48. Councilmember Riley stated she has been contacted by MTA staff regarding the contract the City has signed with them. She requested that subject matter be agendaed for a report at the next meeting. Acting City Manager stated that a report on Dial-A-Ride will also be on the agenda at the same time. He also stated that an application for a taxi service to supplement the Dial-A-Ride will also be heard by Council at the same meeting. Councilmember Feibusch requested that the City Attorney draw up an ordinance establishing an architectural review board as soon as possible. He requested that the matter of department heads on civil service be agendaed for the next Council meeting. He requested a proposal on an update of the CRIS model be brought to the next Council meeting. He spoke to the traffic problems at Dora and Perkins and felt some action should be taken to deter those who speed down the street. He suggested that a stop signal be installed at the intersection of Dora and Perkins. Acting City Manager stated subject matter would be referred to the Traffic Safety Committee for a report. Councilmember Snyder stated that she has had a report again of a recreational vehicle stored in the Airport parking lot and asked for a report on this project. Bill Beard, Assistant Director of Public Works, stated notifications have been completed and parking permits were to have been applied for by January 1. He stated he would look into the matter. Councilmember Snyder stated that a letter has been received from the Ukiah Mens' Golf Club reporting that students are crossing the golf course and suggested a letter be sent to the school disclaiming liability and a request that students be educated to the dangers involved. City Attorney Orchard was of the opinion that the suggestion was in order but that anything the City did would not stop the students from crossing the golf course. Councilmember Snyder asked if a reply to Greg Beaver's letter was sent? Acting City Manager stated he would send a letter acknowledging recept of Mr. Beaver's letter.. Councilmember Snyder requested that the City Council invite Larry Mintier of the State Office of Planning and Research in Sacramento to a joint Planning Commission and City Council work session on the General Plan prior to its planned updating. Acting City Manager will contact Larry Mintier and arrange a time. Councilmember Snyder reported she will not be at the next meeting as she will be on vacation. Councilmember Myers expressed his appreciation to Acting City Manager Kruth for hi's recent memorandums keeping councilmembers informed and Reg.Mtg. 1/7/81 Page 7 and cited particularly action taken after the accident on Clara Avenue which caused the power outage. Councilmember Myers referred to the improvement in traffic safety and felt it should be recognized. Councilmember Myers stated he attended the Mendocino Council on Government and reported that a consensus of that Council would not support a resolution going to State legislature trying to divide transportation funds with that of roads. He also stated he has a copy of the draft of the Regional Transportation Plan Update available for councilmembers if they would like to see it. Councilmember Myers also pointed out that there is a possibility that CalTrans will move its district office from Eureka to Sacramento and felt this move would reflect on the service to rural areas. Mayor Hicke~v_ stated that a certification of appreciation from the .National Boating Association had been received. He also stated that he has had several compliments regarding the trash receptables located downtown. COMMENTS FROM AUDIENCE COMMENTS FROM AUDIENCE Linda Foster, E. Gobbi Street, spoke to the dangerous traffic conditions existing on E. Gobbi Street. She also liked the Industrial Park Plan. ADJOURNMENT - To Executive Session - l l P.M. MARY MELVIN Deputy City Clerk Reg.Mtg. 117/81 Page 8