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HomeMy WebLinkAboutmin 03-05-80148 CITY COUNCIL MINUTES CITY COUNCIL CHAblGERS UKIA}!, CA. 111 W. Church March 5, 1980 AGENDA ACTION TAKEN CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE 6:30 p.m. Mayor Snyder presiding. Councilmembers present: Hickey, Myers, Simpson, Brannon, Snyder. Staff present: Swayne, Kruth, Orchard _ Harris, Tillotson Jim Anderson, Commander of VFW Post 1900 Mayor Snyder ANNOUNCEMENT Mayor Snyder commented briefly on the efforts made by the Police Department with the safe.return of Tim White to his home after being kidnapped on February 14th. She commended the department for the incredible amount of work performed and alertness demon- strated by its personnel. PROCLAMATIONS None coNSENT CALENDAR CONSENT CALENDAR 'Councilman Brannon requested that Item #3 be pulled. M/S: Simpson/Hickey to approve Items #1-9, excluding Item #'3 as follows: 1) Payroll Warrants, #8993-~9158, $100.,544.10 2) General Warrants, #13961-14030, $199,698.69 4) Acceptance of street improvement for Hospital DriVe &. Hamilton Street (Hillside Hospital) 5) Authorization to file Notice of Completion for concrete improvements on Low Gap Road 6) Budget transfer authorization (Nokomis Park funding) 7) Budget transfer authorization (Daniel Lockart judgment) 8) Resolution No. 80-57 designating City officials authorized to pilot aircraft on City business 9) Resolution No. 80-58 establishing voting precincts, polling places, hours and appointment of election officers & fixing compensation ' Motion carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder. NOES: None ABSENT: None M/S: Brannon/Simpson to approve the Minutes of 2/6/80 & 2/20/80 as corrected. Carried unanimously. · PUBLIC HEARINGS None REPORTS FROM BOARDS, COMMITTEES, REPORTS FROM BOARDS, COFLMITTEES, COMMI S S IONS COMMI SS IONS 10) Recommendation to deny Variance No. 80-52, First National Bank of Mendocino County Subject matter is before Council due to a 2-2 vote by the Planning Commission. Applicant's business is located in the Pear Tree Shopping Center, J. C. Penny store complex, at the south- west corner of the building. The re- quest is for an additional sign on the west si~e along Orchard Street. Staff recommendation is that only one sign is allowed, based on the ordinance interpretation that the sign is allowed on the buildi27g where the entrance is located. Staff is of the opinion that to be consistent in the Reg. Mtg. 3/5/80 Page 1 149 REPORTS FROM BOARDS, COMMITTEES, COMMISSIONS (cont'd) placement of signs in this shopping center, a single sign facing to. the south should be the only one allowed. Conrad Cox, attorney representing the applicant, spoke on subject matter. He stated the problem arises regarding frontages and its interpretation. The question is - is this a multiple frontage parcel? Staff says it is not, the applicant says it is. In his opinion, stores with mul~gple frontages can have two signs - frontage is not related/an entrance and door. Mr. Cox pointed out businesses that do not comply along Perkins Street, from State to Orchard. The Telephone Company building was pointed out particu- 'larly. Mayor Snyder pointed out that some of the non-conforming businesses Mr. Cox referred to were in place before the sign ordinance was adopted. New signs, that do not comply are presently being dealt with. Mr. Cox stated that applicant has complied with the ordinance, is within the square footage permitted, and pointed out other ad- vantages the proposed sign would provide if allowed on the west side. He asked for favorable action by Council in order to erect a sign on 'the west, as well as on the south of the building. Council discussion then was directed to the clarity of this re- quirement in the revised sign ordinance which is currently being reviewed. The Planning Director stated there is a need for this requirement to be defined more accurately. Councilman Simpson stated that at the time the sign ordinance was originally ~adopted, in his opinion, oCouncil's intent of parcel frontage related to the main entry. He stated there is a need to have this definition spoken to more specifically in the sign ordinance revision and suggested-that 90 days be allowed to applicant for a temporary sign, instead of the 60 day limit, to provide time for this problem to be defined. M/S: Hickey/Brannon to grant Variance'No. 80-52 filed by the 1st National Bank. Councilman Brannon Pointed out that Orchard Avenue is the main thoroughfare and the only entry to the bank, exposure to traffic is important, there are benefits to advertising and the sign located oR the west as requested by applicant is reasonable. The sign proposed is not offensive. There is a need to use judgment of what is reasonable here. In his opinion, the request is reasonable. COUNCILMAN SIMPSON LEFT THE MEETING AT THIS' POINT Councilman Myers noted that is was unfortunate that a full Commission was not present at the time subject matter was considered so Council could have the benefit of the consensus of the full body. He ac- knowledged the need for clarification of frontage interpretation in the revised sign ordinance, which will be taken care of at the public hearings, but an interpretation has been given and Council should abide by the existing ordinance and therefore deny the request. Councilman Simpson resumed his chair and Councilman Myers repeated the points he made to'allow Councilman Simpson the opportunity to participate in the vote. The motion to grant the variance fai!~d by the follbwing roll call vote: AYES: Hickey & Brannon NOES: Myers, Simpson, Snyder. ABSENT: None Reg. Mtg. 3/~/80 Page 2. REPORTS FROM BOARDS, COMMITTEES, COMMISSIONS (cont'd) M/S: Simpson/Snyder to allow an additi6nal 30 days (90 days total) for a temporary sign on the west side of subject building at which time the revised sign ordinance'will be comple.ted. Councilman Brannon asked if the motion could_be changed to permit the temporary sign until the sign ordfnance becomes law. Councilman Simpson agreed, with the consent of the second, Mayor Snyder. Mayor Snyder asked the Planning Director if the sign ordinance revision could be completed within 90 days. Planning Director gave the timetable of public hearings required and indicated that the ordinance should be adopted within the 90 days period of time. The Mayor did not agree to the change of the wording of the motion. Councilman Brannon stated Council should not put businesses under unnecessary pressures. Councilman Simpson stated Council would be remiss in approving this application while others have had to comply. Councilman Simpson's motion to allow the additional 30 days for the temporary sign carried by roll call vote. AYES: Hickey, Myers, Simpson, Snyder. NOES: Brannon ABSENT: None WRITTEN COMMUNICATIONS WRITTEN CO~4UNICATIONS 11) Letter from LAFCO re AB 1983~ The statewide association of LAFCO has opposed'subject bill. This bill provides that a porposal for the detachment of inhabited territory from a city, initiated by petition of registered voters of the affected territory, shall not be disapproved by the commission. M/S: SimPson/Hickey to oppose AB1983. Motion carried by 4-1 voice vote. ORDINANCES & RESOLUTIONS ORDINANCES & RESOLUTIONS 12) Introduction of ordinance M/S: Simpson/Myers to adopt Ordinance amending Municipal Code No. 742 by title only. Unanimously relating to consumption of carried. alcoholic beverages in public M/S: Hickey/Myers to introduce Ordi- nance No. 742. Questions asked were would this be helpful to neighbors at the park, would there be ample police force to handle it, and were there any pro- visions that this would give relief to shopping centers~ The City Attorney stated he could get answers prior to the final vote on the ordinance. Motion to introduce subject ordinance carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder, NOES: None ABSENT: None CITY ATTORNEY REPORTS Merle Orchard reported he is working on various current matters and getting background on outstanding problems. Reg. Mtg. 3/5/80 Page 3. CITY MANAGER REPORTS CITY MANAGER REPORTS 13) Consideration of 701 contract Council considered subject matter w/Bolles & Addociates & at the previbus meeting and directed appointment to Plan Advisory staff to determine if a study by Committee Mike Ells were available for Council (Airport Industrial Park) study. ~It has been determined that said report was completed 3 years ago and would be sold for $500. Contents are not known at this time. Councilman Brannon reported he had talked with Mr. Ells who stated the study was done July 1977 for $2000 and contained projections through 1986. He agreed to send it and allow Council to determine if it will save the City money; if not the report will be sent back, not used. M/S: Brannon/Simpson to determine if ~he Ells study would be help- ful. If helpful, Mr. Ells will be reimbursed $500; if not, said report will be returned. Unanimously carried. It was noted the Bolles contract has a 15 day cancellation clause. M/S: Simpson/Myers to approve the 701 contract with Bolles & Assoc. Councilman Brannon asked about time constraints and was advised the grant terminates June 30, 1980. Councilman Simpson stated that he is of the opinion that if we prudently proceed, there would be no problem with a time extension. Mayor Snyder reiterated her objections to the study on the basis of the method of financing - not the plan. Councilman Simpson's motion carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon NOES: Snyder ABSENT: None 'M/S: Simpson/Brannon that members of the Plan Advisory Committee be the property owners of subject area, Yvonne Metzler from the Planning Commission, Catherine Rolzinski from the Airport Commission and Wayne Burnett from the Chamber of Commerce. Unanimously carried. M/S: Simpson/Brannon to include a designee from the Northwestern Pacific Railroad to the committee. Carried unanimously. Council determined not to have a member of a policy making body on the committee. 14) Consultant selection for substation engineering Council had asked both R. W. Beck & SAI representatives to present their proposals for subject work. The rep- resentative from R. W.~ Beck stated his company was currently doing work for Redding and some of their design could be reused for the shbstation. However, consideration must be given to different shaped property, access, the need for cus- tomizing and electrical code requirements. The cost would range from $75,000 to $125,000 depending on the scope of services needed. The work could be divided into two segments and a savings may be possible during negotiations. The representative from SAI stated the work is proposed in three phases, for a total cost of $65,000. The schedule was discussed and it was stated the rate would remain the same during the entire contract. Lompoc and Healdsburg have had projects identical to this one. Mayor Snyder asked if it were possible for the amount to be less than $65,000 and was advised this may 'be possible. M/S: Simpson/Hickey to approve negotiating a contract with SAI Engineers for subject work. Motion carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder NOES: None ABSENT: None Thanks were expressed to both companies for their work on this project. Reg. Mtg. 3/5/80 Page 4. CITY MANAGER REPORTS (cont'd) 15) Appointment to Manpower Planning Council Request has.been made to replace Randy Hays, resigned. M/S: Hickey/Simpson to nominate the City Manager to serve on subject Council. Unanimously carried. CITY COUNCIL REPORTS Councilman Hickey referred to NCPA filing with t~e Federal Energy Regulatory Commission a protest of the rate schedule to go into effect in April and advised the NCPA legal counsel will proceed on the matter to its conclusion. Councilman Hickey will be out of the state at the time of the April 2nd Council meeting. Councilman Myers reported MTA will have its own Clerk Dispatcher. It was also reported that MTA had a 59.4% ridership increase. Cost figures will be provided Council at a subsequent time. Councilman Simpson gave a letter to the City Manager from the Executive Director of the Sign Users Council of California and requested it be placed on the next agenda'. Councilman Simpson referred t0 a 2/22/80 article from the Christian Science Monitor regarding solar units and how the principles are being used'for heatiqg homes. The article will be distributed to Council. Councilman Simpson asked if the drainage problems in the area of Cherry Street have continued during the recent rains and was ad- vised that none have been reported. Councilman Simpson stated he was happy that our prayers were ansWered in connection with the return of Timmy White. Councilman Brannon gave a REMIF meeting report. Earthquake insur- ance will be recommended to Council soon. Councilman Brannon asked where the in lieu parking ordinance was and asked if it will come to Council on March 19th. It will be ready for Council consideration at the next meeting. Mayor Snyder gave an article regarding Healdsburg's tree ordinance to City Manager and requested it be agendaed at the next meeting for Council to take action on. Mayor Snyder asked that the article on solar units referred to by Councilman Simpson be included as part of our work plan. Mayor Snyder had a call from a citizen who has trouble getting up & down stairs for access and asked if the City has authority to pro- vide access. City.Attorney said unless state law requires, the city has no jurisdiction. Mayor Snyder asked abOut the CRIS model. It was reported ther have been problems in getting ABAG personnel trained. Comments were made that the City could take a long perio~ of time to p~y for this servi¢ NO COUNCIL MEETING - APRIL 2, 1980. Council determined there would be no meeting April 2nd if the in lieu ordinance will be back to Council March 19th. COMMENTS FROM AUDIENCE - Ted Feibusch referred to the solar report ~ stated he has such a system in design in his building across the street, tie referred to the sign variance & stated Council dealt with technicalities; the purpose'was not discussed. There is a need for a bank to advertise its wares. ADJOURN~ENT - to Personnel & Litigation Session - 8:52 p.m. IIATTIE TI I,I,OTSON C~.ty C].~rk