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HomeMy WebLinkAboutmin 09-05-79 86 CITY COUNCIL MINUTES CITY COUNCIL CHAMBERS 111 W. CHURCH September 5, 1979 A G E N D A A C T I O N T A K E N CALL TO ORDER 7 : 30 p.m, Mayor Snyder presiding. Councilmembers present; Hickey, Myers- Simpson, Brannon, Snyder. Staff present: Swayne, Kruth, Hays, Harris , Tillotson. INVOCATION Norman Soeth, Exalted Ruler,B.P.O.E. PLEDGE OF ALLEGIANCE Mayor Snyder PROCLAMATIONS Sun House Week, October 8-14 , 1979 Constitution Week, Sept. 17-23 , 1979 MAYOR recognizes Miriam Hodgman, Miriam, who won the essay contest 144C Clara, for essay sponsored by the Chamber of Commerce, was present. Mayor Snyder read the essay, "Ukiah In The Year 2000" . TIMED AGENDA - PETITION RE NOISE Subject Petition requested specific TODD GROVE PARK solutions to the problem. Stanley Whitmark, 633 Live Oak was the spokes- man for the group. He stated the noise has .become intolerable. It is the opinion that the police need new legal tools & asked that more stringent action be taken than in the past. M/S: Simpson/Hickey to direct City Attorney to explore the applicable avenues of what is being done in the State and bring a proposed ordinance back to Council for consideration at a subsequent time. Carried unanimously. CONSENT CALENDAR CONSENT CALENDAR Councilman Hickey requested #2 , General Warrants be removed. M/S: Brannon/Simpson to approve Consent Calendar #1 thru 9a as follows, except #2. Carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder. 1) Payroll Warrants #6933 thru #7093 for period of 8-5-79 thru 8-18-79 in amount of $102, 458. 83. 3) Minutes, 8-15-79 4) Award bid for conduit & fittings to WESCO in total amount of $18, 695. 53 . 5) Award bid for underground devices to Bayside of Santa Rosa, $3352. 67 including tax. 6) Award bid for electric conductors to WESCO, $26, 436. 40, tax included. 7) RESOLUTION NO. 80-10 Amending Pay & Classification Plan. 7a) Acknowledge acceptance of preliminary permit from F.E.R.C. for Lake Mendocino Power Project & authorize Mayor & Clark to execute acceptance. 8) Authorize budget revision, Main Street right of way budget 9) RESOLUTION NO. 80-11 accepting property tax transfer for Orr Creek Annexation. 9a) Award of bid for caterpillar tractor tracks Councilman Hickey questioned the warrant to pay for a TV for the jai? & was advised it was to maintain morale. M/S: Hickey/Myers to approve General Warrants #12523 to #12632 , .. $235, 265. 13. Carried by roll call vote . AYES: Hickey, Myers, Simpson,Brannon,Snyder. ABSENT: None NOES: None PUBLIC HEARING PUBLIC HEARING 10) Urban Services/Governmental County requested Council continue Function Study to next meeting. Mayor opened hearing at 7 : 50 p.m. M/S: Brannon/Myers to continue sub- ject matter to 9-19-79 . Carried unani.mou:,ly. 1�('() .M U q . 1',l�;l` 1 87 WRITTEN COMMUNICATION WRITTEN COMMUNICATION 11) Emma Rose Mitchell from No one in the audience to spear on Yokayo Tribe of Indians subject matter. City Manager had re vacant houses on Lewis explained to Ms. Mitchell the bidding Lane process. Council expressed need for input from Ms. Mitchell and took no action. 12) Mens Softball Assoc. re- Jay McAllister was spokesman for the quests facility for future association. The request was for use. City to provide land and the group would provide manpower to complete ballpark. A request for lighting was also made. City owned pump statim site near the freeway was discussed as possible site. M/S: Simpson/Myers to direct staff to determine the number of fields tha could be located on the pump station site & consider the safety facto for access and egress for a recommendaticn at a subsequent time. Recess. - 8: 12 p.m. 13) Letter from John Hansen, Mr. Hansen requested to be heard Redwood Valley, re solar prior to public hearing on Las Casas. energy. M/S: Simpson/ Brannon to allow no longer than 10 minutes on subject . Mr. ,Hansen' s interest is in implementation of solar energy in light df the prospective NCPA conservation program and municipal solar utility grants. He asked if there were a general policy on the subject, expressed a need for education, and stated now is the time to develop financial orientation. In his opinion these questions need to be addressed and answered prior to approval of the Las Casas Use Permit. TIMED AGENDA- LAS CASAS SUBDIVISION USE PERMIT NO. 79-25 & EIR City Manager reviewed action taken to date. Public hearing opened at 8: 31 p.m. The following persons spoke on the matter: Sister Jane Kelly, 140 Mendocino Drive, was of the opinion Cou cil should take no action until after annexation of the area to the City, then a focused EIR should be completed prior to consideration c the Use Permit. She stated LAFCO will not approve the annexation until the problem with the water district is resolved. She questions the process of this project and feels that concessions have been made to the Developer by the City. She stated that if Council takes action en this EIR and approves it she will support a referendum to appeal the decision. Nancy Parker, 1400 Lockwood Drive, stated she has a letter frog: the neighbors in the area requesting the density be as low as possible. Charles Williams, Mendocino Solar Assoc. & Van .Scoyk, 9050 Orr Springs Road, spoke to the need for implementation of solar energy in the proposed project since it is much less inexpensive at the time the homes are being built. Bobby Kennedy, 201 Central Avenue, the developer, stated he volun- teered to write the EIR, the information contained therein came from the city engineering department, and the requested points to cover have been addressed adequately. M/S: Hickey/Simpson that the EIR for Las Casas Subdivision is adequate and complete. Council opinion was that the questions have been spoken to adecuately the EIR went further than a focused EIR, & every area has been + studied and Council has been made aware of the impact thereon. Councilman Myers and Mayor Snyder concurred with the adequacy of the ETR,. but expressed some concerns with the legal ramifications which lead to the acceptance of the Use Permit and annexation. Council *deterrrrined the EIR to be adequate and complete by roll call vote: AYES: Il:ickey, Myers, Si_inpson, Brannon, Snyder. NOES: Noce. AliLSENT: Norte t 1%1,eq.M Lq . I14 i(I e 2 88 LAS CASAS cont'd. Council consideration of Use Permit No. 79-25 follows: Planning Director reviewed Planning Commission action and 27 conditions placed on the use permit as set for forth in P.C. Minutes, August 8, 1979. The following persons spoke concerning the matter: Linda Peterson, 9050 Orr Spring Road Howard Bashford, 181 North Court, representing Developer Kennedy. Billie Moore, 1632 Lockwood Judith Hummer, 504 North Oak Nancy Parker, 1400 Lockwood Drive Charles Williams, 3 Betty Street Douglas Siddens, Box 58 Bob Ernst, P. O. Box 11 Randy Greenwald, P. O. Box 1187 Discussion concerned narrow streets, density, parks vs. in lieu fees, location of apartments in relation to nearby existing ho-,es , proposal for parking cars on only one side of street, importance of where house is located on land to utilize solar energy, ze-ro lot line. The developer, Bobby Kennedy spoke to some of the questions raised. He. stated he objects to the solar requirements because of cost. He proposes to do as much as economically feasible. In his opinion the requirement to protect the air space is unreasonable. Some degree of density is required in providing homes for low and middle classed income people. RECESS - 10: 10 p.m. TIMED AGENDA - PARK WEST CONDOMINIUMS - Due to the late hour, Council- man Hickey asked if subject item could be .continued to the next meeting. M/S: Hickey/Snyder to postpone consideration of Park West Condominiums to September 19th meeting. Motion failed by roll call vote: AYES: Hickey, Snyder. NOES: Myers, Simpson, Brannon. ABSENT: None Council consideration of Las Casas Use Permit continued - Sister Jane Kelly spoke. She made the following points - 1) She alleged a deletion in the original motion by the Planni:-:g Commission which stated the developer shall construct a certai- number of units in conformance with Farmers Home Program specifica- tions, "including price" . These two words should be put back in the motion. 2) She alleged a Planning Commission original motion approved the use permit and at the following meeting a motion was made which deleted three essential elements that were in the original motion. She asked if this decision could be reversed. She stated . .it was important Council know what was voted on and deleted. 3) A home owners association development should be organized. 4) A request for 20 lots for a self help program was deleted. Council should take a stand with developers. This development will not give homes to low income people. 5) Referred to the circulation element for Empire Drive - a jog should be required to be placed in it. This will be added expense to the developer, but in her opinion Council should not deal with the developer' s problem but with what is best for the citizens. 6 She stated further that if Council approves and honors Kennedy ' s appeal as stated in the Ukiah Daily Journal, she will actively work on a referendum to appeal that decision. Chuck McKinley, 650 Walnut agreed with Sister Jane' s comments regarding making homes in the development affordable to the lot: income people and recommended re-inserting "including price" as had been pointed out. Ted Feibusch, 240 S. Iliq hland asked why "Vineyard View" had been dropped from the subdivision name, who will furnish water and whet will be the financial impact on the city, objected to narrow Re(I .M t.q . 9-5-79 Pfage 3 . 89 LAS CASAS (cont'd. ) streets, in favor of bike lanes. The Planned Development ordinance states what density compliance should be. He referred to City Manager memo to Council dated 5-4-77 which suggested Council make concessions for annexation. It must be economically feasible. In his opinion, if the project proceeds, the City will go in the --- red. Ben Peters, 9050 Orr Spring Road expressed objection to the ' possibility of Empire Drive being a speed way and also expressed concern for low income people having a place to live. Randy Greenwald advocated solar use in houses in Ukiah. Public hearing closed - 10: 53 p.m. M/S: Simpson/Brannon to go through the 27 conditions placed on the Las Casas Subdivison Use Permit No. 79-25 as recommended at its August 8, 1979, meeting, one at a time in order to clarify Council ' s questions and those unanswered questions will be considered at a subsequent time. The motion carried by a 3 to 2 vote. Consideration of the provision for park ara and/or in lieu fees followed. Councilman Hickey stated that with -the park facilities in the immediate area, acceptance of fees instead of open space is in order. Councilman Simpson had changed his original reco::menda- tion to take in lieu fees and is now in favor of dedication of the land as open space. One of his reasons for this change of opinion is the maintenance problem which would be created. If the people in the area want to develop the open space, an association for this purpose could be formed by the -residents. Councilman Brannon stated he would support the concept of neighborhood parks, but not four areas for this purpose. These areas would not benefit the city as a whole; only those who live in the immediate area. H=. would favor acceptance of part park dedication and part in lieu fees. Councilman Myers stated he too has revised some of his con- victions and concerns. One concern pertains to density. He recog- nited=the potential maintenance problem small-,-parks would create. He was of the opinion gardens or greenbelts could be provided. Mayor Snyder asked the number of acres which was the subject of this discussion and was advised 4. 4 acres are involved. The $108 , 001 figure which has been discussed from time to time is the actual fig- ure for open space; not negotiated amouttfor park dedication fees. M/S: Simpson/Brannon to temporarily interrupt the discussion of Las Casas and consider the Park West Condominium porject. TIMED AGENDA - RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP NO. 79-113 PARK WEST CONDOMINIUM M/S: Brannon/Hickey to find the Planning Commission findings and recommendations on the Negative Declaration for subject subdivision adequate and complete. Councilman Myers expressed the desire for the CRIS model to be used in all future planning and growth. The motion by Councilman Brannon carried by roll call vote: - AYES: Hickey, Myers, Simpson, Brannon, Snyder. NOES: None ABSENT: None M/S: Simpson/Brannon to adopt RESOLUTION NO. 80-14 Approving Tentative Subdivision Map No. 79-113 for Park West Condominiums. Council discussion centered around Condition No. 2 set forth in the resolution pertaining to the tactical fire pumper and how it could be provided. Ben Franklin, 1168 W. Standley spoke and stated in his opinion traf-_: density whould be less and expressed a need for a hillside or,:i- n a ilea. Doll VallderMey, nclent for the, development, stated he would like to litho a c1()l I 'll- 0111(m tit. :,(,t I-or the tZictical.tactical. ptiiiipor . $25 , 000 h:1,- k)c.r'n din. tic� �.t:�kc�c1 to b(, givc.,n cre(li t for- in 1 i_cu p.irki.nq M tq . 90 PARK WEST CONDOMINIUMS (cont'd. ) M/S: Simpson/Brannon to amend the original motion by changing the wording of Condition No. 2 of the resolution to read, "Developer shall pay to City the sum of $25 ,000 to be applied toward the purchase of a tactical fire pumper to the approval of the City Council. "' Motion to amend carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder. NOES : None ABSE_:T: None. Linda Myers, 1120 W. Standley expressed concern about traffic on Standley and the lack of sidewalks creating a hazardous condition for children and asked Council to consider sidewalks or board walks. Mayor Snyder agreed with the hazardous condition expressed. The motion to adopt Resolution No. 80-14 carried by roll call vote: AYES: Hickey, Mvers, Simpson, Brannon, Snyder. NOES: None ABSENT: None WRITTEN COMMUNICATIONS (cont'd. ) WRITTEN COMMUNICATIONS (cont'd. ) 14) School-City Agreement - A memo from the Director of Public Removal of center drive access Works, - dated August 21 , expressed con- cern .regarding Council action at its August 15th meeting to remove the center driveway to Frank Zeek School. Removal of this access will force buses to make their exit at the Low Gap intersection dri.,.-eway and will also concentrate all exiting traffic from the school at that intersection. M/S: Simpson/Myers to reconsider Council action and go back to the original plan as presented at the August 15th Council meeting. Carried unanimously. ORDINANCES & RESOLUTIONS ORDINANCES & RESOLUTIONS 151 Resolution approving appli- Proposal is for Council to sponsor cation for land and water application for subject funds to begin conservation funds to implement thE: Master Plan for de- velopment of the high school site by construction of tennis courts, completion of two baseball fields , and two lighted softball fields and the development of lawn an recreation area outside the swimming pool entrance. $75, 000 i:'i grant money is available which requires a similar match. Staf= proposal is that the School District provide 50% and City provide 50%. It was recommended the City' s allocation come from park dedication fees collected from Las Casas Subdivision and in the event Council decides not to require payment of fees , $25 ,000 from revenue sharing funds could be used and the remainder could be taken from the General Fund. M/S: Simpson/Brannon to adopt RESOLUTION NO. 80-12 , Approving The Application For Land & Water Conservation Funds, Ukiah High School Community Park Project. Mayor Snyder asked if the wading pool project could be a part of this gran` and was advised the grant had to be used at the High School. Motion carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon,, Snyder. NOES: None ABSENT: Nine 16) Resolution adopting a .%IIS: Hickey/Brannon to adopt Records Management Program RESOLUTION NO. 80-13 Adopting a Records Management Program. Carried byroll call vote: AYES: Hickey, Myers, Simpson, Brannon Snyder. NOES: None ABSENT: None Req.Mt(j . 91 CITY MANAGER REPORTS CITY MANAGER REPORTS 17) Lake Mendocino Power Project On file: Director of Public Works memo, 8 31 79. The proposal is for continued proces:,- ing of the permit requirements for subject project. There is immediate need to proceed with the EIR and to determine more fully all requirements of the project so that more detailed construction cost-s may be estimated. M/S: Brannon/Simpson to approve the recommendation and authorize Tudor Engineers to proceed with the work as outlined in their letter dated August 29, 1979. Carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder: NOES: None ABSENT: None 18) Short term traffic po7ojects City Manager report dated 9 5 79 set forth short term projects in- cluded in the TJKM report except signals at Perkins & Main ($70 , 000) & signal modifications at Low Gap & State ($51, 000) . Funds required for the short term projects totaled $46, 150. M/S: Simpson/Hickey to reallocate $45, 000 from Gas Tax 2106 Budget Account #300-9609, Main Street; & $1, 1150 from 300-9600 Street Light Conversion to a new line item 300-9611 Traffic Safety Improve- ments as recommended by the City Manager and direct the work to be accomplished. Carried by roll call vote: AYES: Hickey, Myers , Simpson, Brannon, Snyder. NOES: None ABSENT: None CITY COUNCIL REPORTS CITY COUNCIL REPORTS 19) Wading Pool or Training Pool Mayor Snyder suggested the matter be held over to the next meeting. - 20) Assembly Bill 1483 Councilman Simpson had recommended this item to be on the agenda. Council determined to make it a matter to be discussed at the next luncheon Recess - 12 : 10 meeting in October. LETTER FROM VANDER MEY RE TRAFFIC Mr. Vander Mey spoke regarding a problem which affects access to his building under construction at South State & Stephenson if Stephenson is made one way as recommended in the TKJM Report. He requested that the entrance to his parking lot be from State Street. M/S: Hickey/Simpson authorized reinstatement of the State Street driveway as requested and exit on Stephenson to comply with the TJKM report. Carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Simpson. NOES: None ABSENT: None LAS CASAS (cont'd. ) Continuation of consideration of 27 conditions placed by Planning Commission - M/S: Simpson/Brannon to approve Planning Conditions 1 & 2 , but change #2 to small park and partial in lieu fees and hold density at 7 dwelling units per acre. Mayor Snyder was of the opinion Conditions 1 & 2 should be as recommended by the Planning Commission. In her opinion, open space should be used for the City and later if determined to be surplus, the City could sell. Councilman il'.yers concurred. Councilman Simpson asked if the matter had been considered by the Recreation and Parks Commission at any time and was told it had: 92 LAS CASAS (cont'd. ) Council determined to hold over further consideration of in lieu fees (Condition 2) to a subsequent time. M/S: Simpson/Hickey to have the streets in the proposed subdivisior. standard width, 38 feet. (Condition 3) . Mayor requested Conditions 4 , 5, &6 relating to solar to be held over until more information has been obtained. Council agreed. M/S: Simpson/Myers to approve Condition 7 by adding "including price specification" at the end of the first sentence. Motion failed by roll call vote: AYES: Simpson, Myers. NOES: Hickey, Brannon, Snyder. City Manager stated the intent was to be the Farmers Home Adm. price. Councilman Brannon stated in his opinion such action is toying with an economic factor which is not the concern of Council. Councilman Simpson asked if the City is meeting all requirements of our housing element. M/S: Hickey/Brannon to delete Condition #7 entirely. Motion failed by roll call vote: AYES: - Hickey,Brannon. NOES: Myers, Simpson, Snyder. M/S: Simpson/Brannon to approve Condition 8 as recommended. Unanimously carried. M/S: Simpson/Hickey to approve Condition 9 as recommended. Unanimously carried. M/S: Brannon/Hickey to approve Condition 10 as recommended. Unanimously carried. M/S: Simpson/Brannon to approve Condition 11 as recommended. Unanimously carried. M/S: Simpson/Brannon to approve Condition 12 as recommended Unanimously carried. M/S: Simpson/Brannon to approve Condition 13 as recommended Unanimously carried. M/S: Simpson/Hickey to approve Conditiors 14 , 15, 16 as recommended . Unanimously carried. M/S: Brannon/Simpson to approve Condition 17 as recommended. Unanimously carried. M/S: Simpson/Brannon to approve Condition 18 as recommended. Unanimously carried. M/S: Simpson/Brannon to approve Condition 19 as recommended. Unanimously carried. M/S: Brannon/Simpson to delete Condition 20. Unanimously carried. M/S: Simpson/Brannon to approve Condition 21 as recommended. Unanimously carried. " M/S: Brannon/Simpson to approve Condition 22 as recommended. Unanimously carried. M/S: Brannon/Simpson to approve Condition 23 as recommended. Unanimously carried. Recd .Mtg. 9-5-79 Pa(-,o 7 . i 93 LAS CASAS (con t'd. ) M/S: Hickey/Brannon to delete Condition 24. Carried unanimously. M/S: Simpson/Myers to approve Condition 25 as recommended. Unanimously carried. Council determined to hold over Conditions 26 & 27 . M/S: Brannon/Simpson to add item to the Use Permit that the' City request the Developer to petition LAFCO for detachment from Millview Water District. Councilman Brannon withdrew the motion. M/S: Brannon/Simpson to place a condition to the Use Permit to require the City to provide water service to the proposed subdivision. Carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder. Mayor Snyder asked Council for input on further conditions that may be added to the Use Permit. She referred to input from the audience earlier in the meeting concerning the jog in Empire Drive. It was her opinion the Traffic - Study spoke to this sub-'ect. She asked if the matter would be referred to the Traffic Committee. It was determined the Traffic Study referred to other sections of Empire Drive as it pertains to jogs. The City Attorney stated the Traffic Safety Committee has considered this matter on an earlier map and stated 4 way stops were proposed at various inter- sections. Councilman Simpson asked if all information pertinent to this will be on the next agenda. Councilman Brannon asked what the plan for drainage between Vi.ne- �. _ yard View and this particular subdivision - should it be covered or left open and what the cost would be. The Director of Public Works stated there are advantages for underground drainage. Further consideration of the Use Permit will continue to the September 19th meeting. The meeting adjourned at 1: 35 a.m. HATTIE M. TILLOTSON CITY CLERK ReCT.M t(J . 9-5-79 8