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HomeMy WebLinkAboutmin 10-03-79 99 CITY COUNCIL MINUTES CITY COUNCIL CHAMBERS 111 W. Church October 3, 1979 A G E N D A A C T I O N T A K E N* CALL TO ORDER 7 : 31 p.m. mayor Snyder presiding. Councilmembers present: Hickey, - Myers, Simpson, Brannon, Snyder. Staff present: Swayne, Kruth, Hays, Harris, Tillotson. INVOCATION Carrie Artman, Student Body Pres. , Ukiah High School PLEDGE OF ALLEGIANCE Mayor Snyder PROCLAMATIONS None CONSENT CALENDAR CONSENT CALENDAR M/A: Brannon/Simpson to approve Consent Calendar Items #1-7 as follows. Carried by roll call vote: AYES : Myers . Simpson, Brannon, Snyder NOES: None ABSENT: Hickey 1) Payroll Warrants #7253 thru #7409, 9-2-79 thru 9 15-79, $103, 631. 37. 2) General Warrants #12744 to #12824 inclusive, $184, 575. 22 3) Minutes, Sept. 5, 1979 4) RESOLUTION NO. 80-20 approv- ing contract with Greater Ukiah Chamber of Commerce. 5) Claim for damages filed by Jeff - Harrison eff -Harrison & Kevin Currier 6) Award of bid for park swing bridge climber to Birdsong Park & Recreation Products, $3806 plus sales tax. 7) Increasing fees for swimming lessons from $3 for 10 half hour lessons to $5 for same period of time. Councilman Hickey arrived at this time. Lee Enemark expressed thanks for Council approval of the Chamber contract. PUBLIC HEARING PUBLIC HEARING 8) Urban Services/Governmental M/S : Brannon/Simpson to re-agenda Function Study subject matter for the arrival of Bill Zion who will speak concerning the study. REPORTS FROM BOARDS, COMMITTEES, REPOTS FROM BOARDS, COMMITTEES COMIMISSIONS COMMISSIONS 9) Appeal of condition of appro- The Parking Advisory Commission val of Variance No. 79-11 , filed subject appeal. Council has Pacific Telephone Company 3 recommendations to consider - 1) Staff recommendation which' is a total variance to parking require- ments based on the fact that there Rog. Mtq. 10-3-79 too REPORTS FROM BOARDS, COMMITTEES, REPORTS FROM BOARDS, COMMITTEES COMMISSIONS (cont' d. ) COMMISSIONS (cont'd. ) Appeal of condition of approval will be no- increase in the number of Variance No. 79-11, Pacific of employees , 2) allow a variance Telephone Co. (cont'd. ) of 28 spaces which will be pro- vided by applicant, 3) establish a an in lieu payment fee in lieu of parking spaces being provided by applicant. M/S : Brannon/Simpson to establish a fee of $2000 per space for 28 spaces for a total of $56,000 in lieu of off street parking, said funds to be reserved in appropriate account to be expended for parking needs in the downtown area. Councilman Simpson was of the opinion that parking, when available, should be in the vicinity of applicant' s building. Councilman Hickey stated that parking spaces have not, in the past, been held for specific people - they are for the public at large. In his opinion the City should accept the in lieu fees. Councilman Myers stated that it seems we are asking to try to safeguard and protect future needs of the parking within the down- town area. On this basis he would recommend the in lieu parking. In his opinion, this is the proper approach to good planning. Mayor Snyder stated it was her understanding that the proposal is for equipment and would not create the need for more employees. Gary Treadway, Telephone Company employee and Jim Deets spoke on subject matter. The points brought out- 1)Asked that the City enforce the law that is presently on the books and quit granting variances, 2) Employees are left with no place to park, 3) Tele- phone Company should not be charged the in lieu fees, 4) Suggested leasing lot on Stephenson Street from City since it is not being used anyway. Les Jones, Pacific Telephone, spoke in rebuttal to the comments made. He stated what the Telephone Company has done in the past regarding parking and stated the company will do whatever the City requires. Nelmes Smith, Parking Advisory Commission Chairman, referred to the Commission' s action concerning two conditions, i .e . parking to be in close proximity to the company and the sites to be built prior to issuance of use and occupancy permits and asked Councilman Brannon if his motion eliminated these conditions . Councilman Brannon stated his motion was unconditional. Mayor Snyder asked City Attorney to read Section 9165 (7b) of Ordinance No. 726 pertaining to parking space requirements. She asked if, under this section, Council is within its juris- diction taking in lieu fees and not providing those spaces as stated in that section. The City Attorney stated in his opinion the answer is "No" but stated this should not necessarily deter Council from accepting any fees the Telephone Company is willing to pay. The ordinance puts the obligation on the person con- structing to provide the required spaces. Council is dealing with a variance. We have gone beyond varying the number . We have varied the type as well. Councilman Simpson and Councilman Brannon stated Council had requested at the prior meeting that the ordinance be amended. The City Attorney stated that staff has discussed the proposed amendments but concerns exist. How it should be administered is a problem. The City Attorney stated further that the Telephone Company has made an offer and this could be handled on a con- tractural basis. Mayor. Snyder stated her concern is providing ample parking for people in the downtown Area. She would like to see parking constructed and oxpr-ossed copcerns on the in lieu fee str.ucttire, :,Iw �i,keci if it would be I-easible to add a second floor to the. 1Z('(J .M( (I . lot REPORTS FROM BOARDS, COMMITTERS REPORTS FROM BOARDS, CO!'"4ITTEES COMMISSIONS (cont'd) COMMISSIONS (cont'd) Appeal of condition of approval existing lot accross the street which of Variance No. 79-11, Pacific would be public parking, non-metered, Telephone Co. (cont'd) & the employees could park there . Councilman Brannon' s motion carried by roll call vote: AYES: Hickey, Myers. Simpson, Brannon. NOES: Snyder ABSENT: No.ne PUBLIC HEARING (cont'd. ) PUBLIC HEARING (cont 'd. ) Urban Services/Governmental Council had considered subject Function Study matter at a previous meeting. Bill Zion, representing Ted Krienes, was present and spoke to the subject of how the results of this study could be affected by the Gann Initiative and Proposition 13 . He stated the basic concept is to implement the City General Plan through annexation and the 2 basic choices were west side and valley wide. The east side is more difficult to service and will provide less revenues. In general , the report favors a general west side strategy. He also commented on the electrical utility issue and the PG&E statement submitted to the City. Public hearing was declared open at 8 : 21 'p.m. John Benzon, PG&E District Manager, was present to clarify PG&E ' s Position. He stated there were no figures in the report having to do with the cost to serve the area with electricity. He suggested that the Council ' s deliberations as to advisability of that area being annexed should be based on excluding the electric system or delayed until such time as data -figures are available regarding the electric system. Public hearing was declared closed at 8 : 30.p.m. M/S: Simpson/Brannon to receive the 701 Study and accept the input which has been given. City Manager stated the purpose of the study was for a planning document to enable the City to make wise decisions about the future of the City. The policy decisions Council makes is significant and he encouraged Council to come to grips with the major policy issue and decide now what the annexation strategy is going to be. Councilman Simpson' s motion carried unanimously. M/S: Simpson/Brannon to make an annexation policy for the west side of the valley. Councilman Brannon was of the opinion the long range advantage is to incorporate the whole sphere and urged Council to defeat the motion and consider the possibility of including the, east side of the valley as well. Councilman Hickey stated Council appointed a citizens advisory committee to study this question and this committee as well as MCOG has recommended the west side strategy. Councilman Brannon stated planning could be done in stages as growth occurs. Councilman Myers stated he wonders if an issue such as this would be a proper referendum becuase it is a question that will set the destiny of the greater Ukiah area. -� Mayor Snyder agreed that to consider the whole valley would not be best at this time, but she would have no problem with the west side strategy. • Councilman Simpson pointed out- that each area, as annexed to the City, will have a vote; but to have the public vote on the whole issue at this tlllic, would be overwhelming. Councilman Simpson ' s motion carried by roll call vote: AYES: Hickey, Simpson, Snyder. NOES: Myers , Brannon. ABSENT: Nollc, Rc-C .ML(J. 10- 1-79 i _ 102 REPORTS FROM BOARDS, COMMITTEES, REPORTS FROM BOARDS, COMMITTEES . COMMISSIONS (cont'd) COMMISSIONS (cont'd) 10) Extension of Talmage Road Subject matter has been before Council at a study session and Planning Commission. has considered it and made a recommendation that Talmage Road not be extended. Now it is before Council for a policy decision. M/S: Hickey/Mayor that Talmage Road be extended to Dora. Councilman Hickey stated from an economic standpoint, he is opposed to the extension since the City does not have funds for such a large expenditure. Councilmembers Simpson & Myers concurred. Councilman Brannon stated he did not favor extending Talmage through to Dora but was in favor of the alternative of stubbing in to the property to provide ingress and egress off of State Street. Mayor Snyder was of the opinion Council should uphold the General Plan and continue Talmage Road through to Dora. A main artery through to Dora is necessary for the future. She stated the immediate decision is one of policy. The cost for extending would be several years away and by that time funds could be available. Councilman Brannon objected to the increased traffic that would pour on to Dora. He was of the opinion the character of the land uses should be considered. He pointed out that Council down-zoned Dora in the past. This proposal will make a main thoroughfare of Dora and would therefore be inconsistent with the residential area. Councilman Hickey' s motion failed by a roll call vote: AYES: Snyder NOES: Hickey, Myers , -Simpson, Brannon. M/S: Brannon/Simpson that Talmage Road be extended and stubbed in to the property and then brought down to normal configuration as in Alternative No. 3 as presented in the graphics presented by Baker & Company. There was some Council confusion on the intent of the motion as it appeared to be the same as the motion just defeated. Council- man Brannon explained his intent. Councilman Simpson stated he is opposed to the street coming out on Dora in front of the rest home. Councilman Brannon stated he is not concerned with the site development at this time. He is concerned with the extension of Talmage as a stub into the project as shown in Alternate No. 3 . It does not mean all streets shown have to be continued. Councilman Hickey stated his concern is still a matter of cost to the City for this proposal. There is land acquisition cost as well as signalization cost the City cannot afford. Councilman Brannon stated it is poor planning not to run this stub in and allow all the vehicular traffic to spill off onto Dora. Councilman Myers stated he could favor the motion if the developer could bear a portion of the cost so it would not be such a burden on the City. Councilman Brannon stated further that he favors stubbing in in order to provide relief of traffic originating in the proposed development out to State Street, rather than forcing it out on Dora, thus making Dora a major north-south thoroughfare. 1 Reg.Mtg. 1.0-3-79 Page 4 . t r 3 s i 103 REPORTS FROM BOARDS, COMMITTEES REPORTS FROM BOARDS , COMMITTEES, COMMISSIONS (cont'd) COMMISSIONS (cont'd) Extension of Talmage (cont'd) Dusan Mills, Baker & Co. represen- tative, spoke and stated time has allowed him to study all the pro- posals and he agrees with the Planning Commission in that a stub-in off of Talmage not occur. The proposal would change the nature of . the neighborhood and - not maintain the residential influence in the Dora area. It has been recommended that the density be reduced from that origi- nally porposed - perhaps 150 units instead of the original 300. He questioned whether or not it is necessary to stub in if the density is reduced. He suggested that there not be an extension and that the circulation patterns and ingress & egress patterns be determined by the density and nature of the development. Mayor Snyder asked for clarification of the motion and asked Councilman Brannon if his motion was for the City not to pay the cost solely, but with the financial cooperation of the developer. Councilman Brannon stated his motion is to stub into the -property and that whatever negotiations that may take place beyond that is another matter. Motion carried by roll call vote: AYES: Myers, Brannon, Snyder. NOES : Hickey, Simpson. ABSENT: None Recess - 9: 25 p.m. M/S: Simpson/Hickey to consider Agenda. #13 as the next order of business. WRITTEN COMMUNICATIONS WRITTEN COMMUNICATIONS 13) Letter re Roberti-Z 'berg M/S: Simpson/Hickey to adopt Grant for High School recrea- RESOLUTION NO. 80-20 approving tion facilities subject grant. Carried by roll call vote: AYES: Hickey, Myers , Simpson, Brannon, Snyder. NOES: None ABSENT: None REPORTS FROM BOARDS, COMMITTEES REPORTS FROM BOARDS,COM.MITTES COMMISSIONS (cont'd) COMMISSIONS (cont 'd) 11) Proposed softball complex Subject matter had been referred to Parks & Recreation Commission. The Commission considered two possible locations for a softball complex for adult softball players, i.e. the City' s pump station area east of the freeway and the new High School site. The Commission recommended that the proposed facility be lighted and located at the pump station site. The capital outlay cost would be $82, 500 & maintenance cost $3805 estimated the first year. City Manager stated there is no budgetary committment for this proposal. There is a need to consider whether the plan would have a detrimental effect on agricultural lands on that side of the freeway. Bob Cannon, representing the Parks and Recreation Commission spoke and stressed the need for this type facility for the largest citizen participation program in town. The school grounds were considered to be not appropriate for the adults to use. M/S:Hickey/Simpson to allow the proposed softball comp.rex at the pump station Carl Morgenson, Principal of Frank Zeek School, spoke to the site. problems that exist with the adults using the school facility, i.e. damage to property & the nuiscance the lights create to ne i.dhbors. Counci.lmt-ttl BrZlttnon for.' clari. FicZition of the motion and it. w.a:; deter.miiied tli,it t.11c motion was a policy decision for location cit "I" c()111P1 ('x, "Ot F(-)r- a dol kir_ commi t- t-ment. M.ryc�r ;Stiyd(c r :;( .t ( <-cl rurt lies- t. it,lt it w,-is ht.r un(h-1- ;tC-1J1d i rlq that watt I d t itt tti :;h 1. h�� nt r t� ri,► I 111(1 k1bor l:o r .rtt.ltI il�l . I: ct.MI rY. 104 REPORTS FROM BOARDS, COMMISSIONS REPORTS FROM BOARDS, CO?,V4ISSIONS COMMITTEES (cont' d) COMMITTEES (cont'd) Proposed softball complex cont'd Mr. McAllister, representing the mens softball team, spoke and stated his group is able to provide a labor force, equipment and some funds toward this project. Councilman Brannon asked if the City Engineer had indicated if this could be done so as not to conflict with the City' s potential water development needs. The City Engineer stated in his opinion the complex could be accommodated, however there is a need for a carefully engineered plan relating to fencing and parking arrangements. He stated much of the complaints from adjacent property owners deals with trespassing. Other problems relate/bswer lines. Mayor Snyder stated that her thinking was that if the Council endorses this concept, it would be subject to approval of the entire plan. Councilman Simpson indicated there would be a need to work out an agreement with the groups who use the field so that damage and vandalism to the adjacent properties does not occur. Mayor Snyder asked the City Engineer if there were other proper- ties that could be utilized that would not have the agricultural impact. The City Engineer stated there is still vacant land at the old sewage treatment plant but this could create a conflict between the Little League and this group and for this reason it would not be suitable. Councilman Hickey' s motion carried .by roll call vote ,. AYES: Hickey, Myers, Simpson, Brannon, Snyder. NOES: None ABSENT: None 12) Las Casas Subdivision Use The proposed resolution for Council Permit No. 79-25 to consider reflects action taken by Council at its last meeting. Parks' & Recreation Commission recommendation & communication from Redwood Legal Assistance was addi- tional written input provided Council . M/S: Simpson/Hickey to adopt the resolution approving the Las Casas Use Permit No. 79-25 . Councilman Simpson referred to Page 2 , Item 6 of the resolution. His question was how can price be included in this condition. City Manager explained that Farmers Home would establish what their program allowed. M/S: Simpson/Myers that "including price" be added after the word "specifications" in Item. 6 . Councilman Brannon considered this condition to be offensive in many respects. There is a need to look to the economics of the situation. To set restraints that everybody have the same priced home is offensive. The market ought to set that. The ability of people to pay ought to set it. Mayor Snyder stated that Council has recognized certain needs in our community with the General Plan and our housing plan. Councilman Brannon stated we have recognized certain needs in our community with the Gen- eral Plan. In his opinion this should not be a requirement of this Council or any other body. He was opposed to Item No. 6 completely. Councilman Hickey agreed. The motion to add wording to No. 6 carried by roll call vote. AYES: Myers, Simpson, Snyder. NOES: Hickey, Brannon. ABSENT: None M/S: Brannon/Hickey to delete Condition No. 6 in its entirety . Carried by roll call vote. AYES : Hickey, Brannon, Snyder : NOES: Myers, Simpson. ABSENT: None Req.Mtg. 1.0-:3-79 6. i 105 REPORTS FROM BOARDS, COMMISSIO14S REPORTS FROM BOARDS , COMMISSIONS COMMITTEES (cont'd) COMMITTEES (cont'd) Las Casas Subdivision Use Permit Councilman Simpson referred to No. 79-25. No. 11 regarding extension of Bush Strect and asked what the intent is. Planning Director explained the condition was to have the Bush St. extension built into the subdivision first. It was determined the street would not be finished in 1979. � - M/S: Simpson/Hickey to delete No. 11. Unanimously carried. M/S: Hickey/Simpson to remove No. 24 since it refers to item previously deleted. Unanimously carried. Mayor pointed out No. 23 referred to Condition No. 6 . It should be Condition No. 5. Council concurred. Mayor referred to Item 5 on Page 2 and stated in previous delibera- tions, the words "no more than" had been deleted. The City Attorney stated he did not think this had been resolved. He did not know what was trying to be said. Councilman Simpson made a motion to change the wording in No. 5 to "not less than" . Motion died for lack of a second. City Manager stated this could be done at a later time, but to set an arbitrary 15 feet here may make it harder to do an effective site design later on. M/S: Simpson/Brannon to delete the first sentence of Item No. 5 Bobby Kennedy, the developer, asked to speak on this subject. He stated this 15 foot setback had- been discussed at length and he has gone to a lot of expense to accomplish this goal. He asked if this would require him to go back to the Planning Commission on each and every single family house. City Manager stated it may be well for Council to impose some requirement for speedy action on the site development permit. To bring in a block or two at one time should be sufficient. M/S: Brannon/Simpson that the problem be resolved by rewording Item No. 8. Instead of deleting "single family detached structure" , leave it in and continue with , "which has at least a 15 ' setback" . Then there will be no need for a site development permit where a single family detached structure is setback 15 or more feet. This requirement would not make it necessary for the developer to come back on each unit. He stated further that this has nothing to do with solar requirements. Mayor pointed out this would achieve one purpose , but defeat another. Council discussed the solar requirements at great length. The Clerk pointed out that the motion by Councilman Simpson to delete the first sentence of No. 5 had not been voted on. The vote carried the motion unanimously. Councilman Brannon' s motion on No. 8 was defeated by a 4 to 1 vote. Mayor Snyder pointed out Item No. 8 reverts back to the way originally proposed. m/s: Simpson/Hickey added a time limit to No. 8 , "action must be taken on such items by the Planning Commission within 30 days from date of application" . Council reached an impasse at this point. City Manager suggested the following wording for No . 8: "Site development Permit to be required on all developments. Planning Commission shall act within 30 days of application: If not acted upon, it shall be deemed to be approved" . Councilman Brannon asked what the Planning Commission will have to go on as a bt-Asis for judgment. Will they have some certif. i- c-ition with -in engineer' s seal or anyone competent to make jucic}ments on solar matters. cotiticilm.in inip:;on was cit- the opinion this could crec to anothor l ,iyer of ctc)Vt`i'71n1�`nt. I' I 'iiill i I►(t I�i i , �t car :.t ,� 1 1 :�c� I �ii �,+c)rk�;h��l>:s �►rt) i n } c•�)r��l�ict ci ,� I v1 I,}� t lig t i t;3� t l� i c.�c�ii�� :� i�l i �� t lig },r c> � ,�.I �ri� ���In� i i� i :�t ► <<t 100 REPORTS FROM BOARDS, COMMITTEES, REPORTS FROM BOARDS, COMMITTEES , COMMISSIONS (cont'd) COMMISSIONS (cont 'd) Las Casas Subdivision Use Permit process can have this worked No. 79-25 (cont'd) out. He also stated that many of the questions can be answered be- fore the tentative map comes in. This condition can be modified by Council at a later date if it is deemed to be necessary. .� Mayor stated Council is desirous of having passive solar design on the lots. Clarification of Councilman Simpson' s motion was made: "Site development Permit to be required on all development. Action must be taken on subject item by the Planning Commission within 30 days from date of application. If Planning Commission fails to act, it will be considered to be approved" . Councilman Brannon was of the opinion that this is a dis-service to the Planning Commission. His concern was that it may backfire if Council says this must be done or it will become law. The quickest decision is to say "no" . One could fail to give appro- priate consideration to a subject. He stated that all Council is looking at is , is it properly oriented and he stated further that he is still of the opinion that a certification that is properly oriented is all that is needed. City Manager asked if a Civil Engineer would be able to make such certifications. City Engineer stated the principles are relatively simple. City Manager stated possibly the Building Inspector could do the certification. Councilman Simpson' s vote on the motion on No. 8 for a time requirement failed with 3 NOES and 2 AYES . Item No. 8 remained unchanged. Mayor referred to Item No. 5 again. M/S: Mayor/Simpson to add "both active & passive" to the last sentence between the word "for" and "solar" . Councilman was of the opinion this was putting restrictions on the builder to have to build to accommodate both type systems . Mayor Snyder changed her motion to add "active or passive" to the last sentence between the word "for" and "solar" . Councilman Brannon asked if it would be fair to eliminate Nos. 3, 4, 5 and make a simple statement that improvements con- structed on any site and development should be oriented so as to take advantage of solar potential. Councilman Hickey agreed. City Attorney stated from the standpoint of the developer it is a good idea but from staff standpoint, criteria are necessary in order to evaluate whether or not they have met solar demands. We have to do something at the City level to implement it. Without having some guidelines, staff will not be able to look at a particular plan and tell whether or not those particular concerns are met. Councilman Brannon stated if these demands exist according to state law why not add to that, a statement, "in accordance with the provisions of. the California Code" . City Manager stated his understanding is that a subdivision map cannot be approved until Council has maximized the opportunities for solar access . So at one time or another Council will have to grapple with tYw—se details. Kennedy stated he would be agreeable to confer with staff about the solar issue. He stated his map has complied with the law. Mayor stated that while there. is a state law, the City has not - adopted an ordinance making it a city law. Mayor stated there is a motion to add the words , "active or passive" to No. 5. The motion carried unanimously. City Manag(i.r rf,t-oi-rod to NO. t-he map requirement. Planning hi I-ec t.or_ i t ,1 t:ed a ins i I l) would have to be, attached to the Pc) (1(1 111 1 :; i ! i necessary to determine what to ilii wi t,1► t 1)- 1' �i l; ii i - ►t i ��►� 1Zi cJ.M t i7. 10- 3-19 i 107 REPORTS FROM BOARDS, COMMITTEES, REPORTS FROM BOARDS , COMMIT'T'EES, COMMISSIONS (cont'd) COMMISSIONS (cont'd) Las Casas. Subdivision Use Permit Staff recommendation is that Council No. 79-25 (cont'd) accept fees in lieu of park land dedication because staff is of the opinion that the dedication does not meet the requirements of the ordinance . The developer has voluntarily agreed to contribute land, however this does not exclude the developer from paying fees. Councilman Hickey stated the 3 large green areas are in close proximity to recreation facilities located at Frank Zeek School, Vinewood Park and the High School. The small open space in the middle of the proposed area could be retained and the rest should be returned to the developer to build on at the ratio he was allowed to build on the remainder. Councilman Simpson asked Mr. Cannon what the Parks & Recreation Commission felt about the park sites. Mr. Cannon stated the Commission wanted in lieu fees rather than the small parks which have to be maintained by hand and require much more time to care for. Mr. Morgenson spoke in favor of in lieu fees. City Manager stated the parks shown on the map were placed for Council to choose how much of the area to devote, if any, to parks. M/S: Mayor/Myers to accept the land rather than in lieu fees. ,. Mayor Snyder stated if the maintenance cost is high, it could be left with an open lot look. If the City has the land, some- thing can always be done with it at a future date but if we do not get it now, it is gone forever. Mr. Kennedy stated he would be willing to pay the in lieu fees originally determined by City staff and dedicate a small park near the Frank Zeek School that could be used for a baseball field, if he were allowed to use the additional ground to build on, 7 units per acre. He stated he does not want the land unless it can be used to build on; otherwise the land would be a detri- ment to him rather than an asset. Councilman Myers stated one of his concerns is the density as well as the identity of the area and for this reason he has reservations on the in lieu fees . In his opinion, open space should be preserved. Councilman Simpson stated the Council should make the highest and wisest use of the land. Since this area is adjacent to an area where there are already parks, he favors the in lieu fees. Councilman Brannon stated it is his understanding of the ordi- nance that the City must charge an in lieu fee even if we get land as a gift. The City Attorney stated this is correct. He indicated that the present ordinance now states that Council shall levy the in lieu fee. He read Section 8403 of the Code pertaining to this requirement. Councilman Brannon indicated that there are choices available. Mayor asked if this section - � refers to the PD Lone and was advised by the City Attorney that it does. Councilman Brannon stated there appears to be a ldt of land that will not be utilized so if we� arrive at an in lieu fee and th(-n took a portion of that in lieu fee and purchased for futures- p.irk use, part of that property, we have worked our way around this problem. City Manager said this probably could be done. `flit question is what is the best. Mayor asked the City Attorney it we can accept a park dedication and in lieu fees . City Attorney stated the City c0a1-1 �Cc('P t Lana anytime anyone wain t s to (Jive i t. . i,��ttic�r lets rould he dcve1.0P(,(1 to use tip the 7 . 5 acres shown on Icy rc1 I t .i 1 I vt t /\1'i•:`� , Myr I '; , :�rr ,' f •r- , NOf::� , flit•I:ty, :� ru►j ;;, ►r�, }tt ,r►�t�r�11 . r11t;'f:Pl'i' _ ;.;. , I t ir fJ ,. cm t Ir,, iOn wi I I :;t <ly I 108 REPORTS FROM BOARDS, CON21ITTEE, REPORTS FROM BOARDS, COMMITTEES COMMISSIONS (cont'd) COMMISSIONS (cont'd) Las Casas Subdivision Use Permit City Attorney asked if No. 23 No. 79-25 conflicts with No. 5 . Council determined the sentence will be changed to clarify the intent. The resolution will not be adopted at this time because Exhibit A could not be completed until after Council action. Councilman Brannon was of the opinion Council should consider taking a portion of the in lieu fees and acquire land. -- M/S: Simpson/Hickey to adopt subject resolution as amended, excepting Exhibit A. City Manager stated the way it stands now, the developer will bring back a map that shows no park dedications in the property, with 7 dwelling units per acre. Councilman Simpson referred to Councilman Brannon' s desire to take a portion of the in lieu fees and acquire land and asked if this could be done later. Councilman Brannon stated that if acceptable to Council, staff could negotiate and come up with a final figure. Councilman Simpson' s motion carried by roll call vote. AYES: Hickey, Myers, Simpson, Snyder. NOES : Brannon ABSENT: None Recess - M/S: Simpson/Hickey to move Agenda #17 to the next order of business. COUNCIL REPORTS COUNCIL REPORTS 17) Wading pool or training pool Mayor Snyder had requested this item to be placed on the agenda. Gail Monpere, Recreation & Parks Commissioner, spoke on the subject. She reported on the Commission' s past considerations and actions on the proposal. It was her understanding that provisions for this was made in the budget at one time, but that it is not in the current budget. Her request was to put this item back in the budget to provide a pool facility for young children and to expand the swimming lesson program. M/S: Mayor/Simpson to budget for a wading/training pool for this years budget. Councilman Simpson asked if we have the money. City Manager enumerated the money spent during this meeting. He stated that if all these allocations are made, we have to find something in the budget that was allocated that we do not want to do. The special general fund, gas tax monies , & revenue sharing monies are fully committed. Council discussed the possibility of obtaining money for this purpose from state bond act monies or in lieu fees from the new condominium project and/or Las Casas. Council was of the opinion that the $40,000 proposed cost would be difficult to justify. . Mayor Snyder withdrew the motion and asked staff to investigate financing methods on a less expensive basis and come back with more specific guidelines for cost. Reg.Mtg. 10-3-79 Page 10 109 WRITTEN COMMUNICATIONS (cont' d) WRITTEN COMMUNICATONS (cont'd) 14) Letter regarding lot on City Manager reported Council had Norton St, east of Vic' s indicated during traffic study House of Pizza. discussions , the desire to see Main Street extended at the northerly terminus of Main St. This property is now on the market at a price of $115,000 . The property owner has other plans for development of the property and would like to know what the City' s plan is before he proceeds. -- Councilman Brannon was opposed to the purchase. City Manager stated there would be two remnant parcels created if the City acquires the property that could be of value to the City. Councilmembers Brannon & Hickey stated this would be a large expenditure to extend the street only one block. Councilman Simpson suggested staff meet and confer for negotiations . No objections were expressed. M/S: Simpson/Brannon to meet and confer and pursue the possibility of this offer. Unanimously carried. ORDINANCES & RESOLUTIONS ORDINANCES & RESOLUTIONS 15) Adoption of ordinance per-- M/S : Simpson/Brannon to adopt taining to utility deposits. Ordinance No. 733 by title only. Unanimously carried. M/S : Simpson/Hickey to adopt Ordinance No. 733 . Carried by roll call vote: AYES :Hickeym Myers Simpson, Brannon, Snyder. '_NOES: None ABSENT: None -- - CITY ATTORNEY REPORTS None CITY MANAGER REPORTS CITY MANAGER REPORTS 16) Annual update of Relocation On file: hruth memo, 9 14 79 Plan, Main Street extension Copy of Amendment I , Relocation Plan, August 1979 . M/S: Simpson/Myers to adopt the annual update of the Relocation Plan . Carried by roll call vote. AYES: Hickey, Myers , Simpson, Brannon, Snyder. NOES : None ABSENT: None CITY COUNCIL REPOR'T'S CITY COUNCIL REPORTS 18) Consideration of change of Agendaed at request of the Mayor. time for Council meetings She stated she is of the opinion that if the meetings started earlier , there would be more public input. Late Council meetings cause Council to rush through items and make it difficult on working people. She also thought the earlier meetings would afford school classes and young people to attend Council to see how the governmental process works. M/S: Mayor/Myers that Council meetings start at 3 : 30 p.m. rather than 7 : 30 p.m. Each Councilmember expressed his opinion on the proposed change . They could not see that time change would accomplish what Mayor Snyder thought would be accomplished. Mayor Snyder asked if Council would be able to accept this change if it were made a condition to try for six months . Councilman Brannon stated he could riot cont:orm to the proposed schedule. Other Counc.i. i.nionihers, i ncl i.c- It (,d they could not vote affirm,it, iv(. 1 %, on I t_kt<it wc)ULd work a hardship on another (.'()JJJJCi1. 114111 Or . 111w im t: iii Laded. rz� � .M1 <� . Ito ADDITION TO AGENDA ADDITION TO AGENDA M/S: Simpson/Brahnon to add to the agenda, the discussion of a letter from the County regarding joint use of facilities. Unanimously carried. The request is for a committee from the City to work with a County committee to discuss subject matter. M/S: Simpson/Brannon to work with County representatives to review possibilities of development of joint facilities use. Unanimously carried. M/S: Simpson/Brannon to authorize the Mayor to appoint the committee members. Unanimously carried. CITY COUNCIL REPORTS (cont'd) CITY COUNCIL REPORTS (cont'd) Councilman Myers Heard that the Fire and Police Departments played important roles in the recent Autumn Leaves fire and think both departments should be commended. Council concurred. It was pointed out that the CFS and Willits Fire Department and Redwood Valley Fire Departments were of great help also. Staff was directed to write letters of thanks and commendation to the City Fire and Police Departments as well as the others mentioned. Councilman Simpson Asked if staff was aware of. someone contacting homeowners in town selling, insulation and making the statement that the bill would be passed on to . PG&E. City Manager stated the question is whether they are an approved contractor or not. Reported on important information received at the League of California Cities meeting pertaining to AB 8 and the Gann Initiative. Councilman Simpson also indicated his interest in the progress reports he had requested at a previous meeting. Ira Brannon Frank James has been invited as the Fund representative to go back to • New York for recognition. Several funds were considered and ours has been the most workable and most successful. This is an honor for him, the City Manager and all the Councils who are a part of this. Councilman Brannon had questions about the July reports from the Finance Department pertaining to the street lighting fund. Mayor Snyder Acknowledged the letter of resigna- tion from Ted Ericksen and asked that the news media be notified of the vacancy and ask that anyone interested in serving on the Planning Commission to obtain applications from the City Clerk. Appointments will be made from current applications . It was reported Chuck Lewis has not received the information from . the City needed for the CRIS model . Planning Direbtor stated the information has been sent- and will follow up on its whereabouts .- - Reminded Council of the Sun House Celebration on October 13 & 14 . ADJOURNMENT 12 :57 a.m. HATTIE M. TILLOTSON City Clerk Reg.Mtg. 10-3-79 Page 12.