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HomeMy WebLinkAboutMin 02-07-79 13 CITY COUNCIL MINU'T'ES CITY COUNCIL CHAMBERS ill W. Church February 7 , 1979 A G E N D A ACT ION TAKEN CALL TO ' ORDER 7 : 30 p.m. Mayor Brannon presiding. Councilmembers present : Hickey, Myers , Simpson, Snyder , Mayor Brannon. Staff present : Swayne, Kruth, Hays , Harris , Tillotson. INVOCATION Mayor Brannon PLEDGE OF ALLEGIANCE Councilman Hickey APPROVAL OF PAYROLL WARRANTS M/S : Simpson/Myers , Warrants #4242 to #4407 inclusive, 12/10/78 to 12/23/78 inclusive, $90, 578 . 24. Carried by roll call vote : AYES:Hickey, Myers Simpson, Snyder , Brannon. NOES : None ABSENT: None . APPROVAL OF GENERAL WARRANTS M/S : Hickey/Snyder , Warrants #10010 to #10140 inclusive , $230 , 763 . 56 . Councilman Hickey requested an ex- planation of Warrant #10087 to NWPRR. City Engineer explained it was for a portion of the work done several years ago which was not in- cluded as part of the federal funding for that right of way project . Councilman Hickey requested an ex- planation of Warrants #10113 and 10121 to Triple S and Value Giant respec- tively. City Manager explained this was for photographic supplies for the Police Dept. , Fire Dept. , Public Wks , and Sun House. Mr. Feibusch asked why the architect for the Fire House was paid $130 for the plaque when it could have been obtained locally. The motion to approve the general warrants carried by roll call vote : AYES : Hickey, Myers , Simpson, Snyder, Brannon. NOES : None ABSENT: None APPROVAL OF MINUTES M/S: Hickey/Myers to approve as corrected. Carried by roll call January 3, 1979 vote : AYES: Hickey, Myers , Simpson, Snyder, Brannon. NOES : None ABSENT: None CONSENT CALENDAR CONSENT CALENDAR Councilman Myers requested Agenda #4 be removed and Councilman Hickey requested Agenda #3 be removed from the Consent Calendar. M/S : Simpson/Snyder approving Items #1, 2, 5 , 6, 7 on the Consent Calendar . Carried by roll call vote : AYES: Hickey, Myers , Simpson, Snyder , Brannon. NOES : None ABSENT: None Reg.Mtg. 2-7-79 Wage 1 . 14 A G E N D A A C T I O N T A K E N CONSENT CALENDAR (cont ' d. ) CONSENT CALENDAR (cont ' d. ) 1) Award bid for underground devices to Maydwell & Hartzell in total amount of $4520. 50 & to G. E. Supply in total amount of $966. 60. 2) Budget Transfer authorization , for City share of Sr . Trans- portation Fund. ($4000 from Gen. Fund to Acct. 100-1941-250) 5) Resolution authorizing grant RESOLUTION NO. 79-51 agreement (Dept. of Transporta- tion, FAA, Municipal Airport) 6) Resolution authorizing applica- RESOLUTION NO. 79-52 tion for CAAP funding 7) Resolution authorizing common RESOLUTION NO. 79-53 use agreements (PG&E; Hospital Drive) 3) Budget transfer authorization Councilman Hickey requested ex- for 4 police vehicles planation for why the. salary ($14, 200 from Acct . 100-2000-110 account was used in this request . to Acct. 100-3201-831) City Manager explained the amount will come from unexpended salaries for the year. M/S : Hickey/Myers to approve Agenda #3 as requested. Carried by roll call vote : AYES : Hickey, Myers , Simpson, Snyder, Brannon. NOES :None ABSETIT: None. 4) Resolution for 3rd year funding- Councilman Myers requested it be a OCJP Grant Application for matter of record that his experience Youth Services Officer. with this program has been excellent and he commended both the Police Department and Sgt. Bach for their participation in this worthwhile project. M/S : Myers/Simpson to adopt RESOLUTION NO. 79--50, Carried by roll call vote : AYES : Hickey, Myers , Simpson, Snyder, Brannon. NOES :None ABSENT: None PUBLIC HEARINGS PUBLIC HEARINGS 8 & 9) Zone Change No. 79-45 , Public hearing opened at 7 : 48 p .m. Marvin Brody & Zone Change Virginia Brody, applicant , spoke No. 79-52, Robert Jensen in favor stating this request would to change 7 parcels from bring subject area in conformance R-3 , General Multiple Dist. with the remainder of the street. to Multiple Family Dist. in No one spoke in opposition. the N. Oak St. area. Public hearing closed at 7 : 50 p .m. M/S : Hickey/Myers to approve the - negative declarations for subject zone changes . Carried by roll call vote: Hickey, Myers-, Simpson, Snyder, Brannon. NOES : None ABSENT: None M/S : Simpson/Snyder to introduce Ordinance No. 725 by title only. Carried unanimously. M/S : Simpson/Myers to introduce ORDINANCE NO. 725 . Carried by roll call vote : AYES : Hickey, Myers , Simpson, Snyder, Brannon NOES :None ABSENT: None Reg.Mtg. 2-7-79 Page 2 . 15 A G E N D A ACTI ON TAKEN .Council considered other items on the Agenda awaiting the time for the purlic hearing as set forth in the Public Hearing Notice for Agenda Items No. 10 and 11. CITY COUNCIL REPORTS CITY COUNCIL REPORTS 13) Senate Bill No. 4 Subject matter was brought to Beverage Containers ; Refund Council at the request of Value Councilwoman Snyder . M/S : Snyder/Myers that Council support SB 4 and direct staff �o make proper notification of such support . Councilwoman Snyder stated in her opinion there was no better way to provide an incentive than the monetary incentive to gain public support toward recycling and litter control . Councilman Myers was of the opinion this is a step in the direc,ion to bring about less clutter. Councilman Simpson referred to ti-7e spent by Caltrans workers picking up bottles along the highway and was of the opinion that if this legislation were passed, the time of these workers could be spent more advantageously. Mayor Brannon was of the opinion such legislation imposes undue burden on the small business man, is costly to the business man and allows no reimbursement. Councilman Hickey stated it appears that we are getting into a situation where we are over-controlled by government. Mr. Ted Feibusch was present in the audience and spoke in opposition to the legislation. The motion carried by roll call vote: AYES : Myers , Simpson, Snyder. NOES : Hickey, Brannon ABSENT: None ,-- 'PUBLIC HEARINGS (cont ' d. ) PUBLIC HEARINGS (contd. ) 10) Orchard Avenue South On file : Planning Director mer-c , Annexation 2 2 79, List of parcels incluced in proposal, location map, provi- sions of urban services within subject territory. Public hearing opened 8 : 06 p.m. No one spoke in favor . Several spoke in opposition. Leta Sprague stated her mother o'•.,ns property in the area and annexation will not benefit her. Bill Townsend referred to his prior request to be excluded frorl. the area to be annexed and requested a map showing its removal . The City Attorney assured Mr. Townsend that his property has been fully excluded from the annexation. Pete Passoff, 155 Deborah Court, stated he was uneasy about the project. He referred to what he considered to be a similar situation that was planned for the extension of Cherry Street in Spurlock Subdivision 12 years ago. He stated that Council, in considering Orchard Avenue South, should realize the importance of understanding how Orchard Avenue will be extended so it does not impact an already crowded situation. In his opinion this is an important point in long range planning for the area. Otis Hurt spoke on behalf of Berl Sites and himself regarding one of the parcels in the area. He does not want city facilities . He stated annexation would prohibit placement of additional mobile homes on the property, an additional well, no right to burn for agricultural purposes , restrictions of dusting and possible increase to taxpayers . He also stated he is satisfied with police and fire protection that is currently provided. In his opinion, this annexation has little value to the City other than boundary control . Reg.Mtg. 2-7-79 Page 3 . 16 A G E N D A ACTI ON TAKEN PUBLIC HEARINGS (cont ' d. ) PUBLIC HEARINGS (cont ' d. ) Orchard Ave . So. Annex. (cont ' d. ) Public hearing closed - 8 : 21 p .m. M/S : Hickey/Snyder to continue subject matter to February 21st to allow staff time to evaluate protests and final consideration --, on the matter by Council at that time . Motion carried by roll call vote: AYES : Hickey, Myers , Simpson, Snyder, Brannon. NOES : None ABSENT: None REPORTS FROM BOARDS, COMMITTEES , REPORTS FROM BOARDS , COMMITTEES COMMISSIONS COMMISSIONS 12) Consideration of EIR on Low On file : Planning Director memo, Gap Road/County Complex 2 2 79, Planning Commission minutes , 1 10 79 & 1- 24 79 , Planning Commission memo, 1 4 79 , Planning Director memo , 1 19 79. The Planning Commission, during its deliberations , found subject EIR to be inadequate in areas relating primarily to traffic and economic analysis . M/S : Snyder/Simpson to accept the Planning Commission recommendation expressing 9 concerns relating to subject EIR and directed these concerns be forwarded to the County Planning CortmisSion expressing Council protests . Council pointed out Planning Corianission had approached this matter in a very thorough arid straight forward manner . The points brought up by Council were that the EIR does not speak to the traffic problems ; there should be participation by County in solving the total traffic problems ; the document speaks pri- marily toward the financial aspect , not the environmental aspect ; major economic implications , particularly with Phase 2 ; important that City and County work together so a bottleneck is not created; may be an opportunity to consolidate services with County to cut costs ; absence of mitigation measures that relate to congestion on Low Gap Road and no * solu.tions proposed. Bill Randolph, who prepared the EIR document, stated his presence was to respond to comments of Council . He stated in his opinion the EIR spoke to the traffic problems and signalization adequately, considering the budgetary and time limits within which he had to work. He indicated that some of the data provided was old and sporadic. He has recently been provided with new data and this will be incorporated in the final EIR. Motion carried by roll call vote: AYES : Hickey, Myers , Simpson, Snyder , Brannon. NOES : None ABSENT: None. PUBLIC HEARINGS (cont ' d. ) PUBLIC HEARINGS (cont ' d. ) 11) Vineyard View/Las Casas On file : Planning Director memo, Annexation 2 2 79, Annexation Fact Sheet , . Proposed City boundary map , Provision of urban services within proposed annexation territory. P--� Attorney Jared Carter, representing owners of the two areas . involved, was present to speak in favor of the proposed annexa- tion with an understanding of the timing and conditions that are imposed .to the developers , Kennedy Homes and Lee McGraw-. He reviewed the history of the entire development prior to and since it became apparent it was the desire of the Board of Supervisors for this proposal to come into the City of Ukiah. Application was made subject to conditions . Mr . Kennedy has prepared five maps for Planning Commission staff since the Commission first con- sidered the matter in July 1978 . No consequences other than the developers basic aspirations in this matter have been realized . An EIR is being prepared for further study in spite of the fact Reg.14tg. 2--7-79 Page 4. 17 A G E N D A A C T I O N T A K E N PUBLIC HEARINGS (cont ' d. ) PUBLIC HEARINGS (cont ' d. ) Vineyard View/Las Casa.s Annexation (cont ' d. ) that others have been prepared. During this period of time carrying charges are running $10, 000 per month on the combined area. The developers want a decision from Council to annex that area on terms that they can live with and in a time frame that Council can accept - at this or the next meeting . There have been seven meetings of the Planning Commission since annexation applications were made despite the clear directive of Council indicating it favors annexation and the Planned Development zone . Delays and expenses go on. The request is for a final decision that both the Developers and Council can live with rather than continue with uncertainties and nothing definite from Council. City Manager asked Mr. Carter if his intention is to not file pro- tests . Mr. Carter stated he would support the annexation under terms he mentioned. Mr. Kennedy spoke in favor of the proposed annexation. He stated he has worked with City personnel and has cooperated with all City proposals and suggestions for this annexation proposal . The subdividers have been asked to bear most of the burdens of traffic control and drainage within the area with no participation by schools who have created some of the problems . He stated he takes exception to the City' s request for an economic analysis . City department heads were asked for information which made up the facts contained in said analysis , and the Council challenged - it. He pointed out that he will make the economic analysis , but facts and figures will be coming from the same people who made the first one. Mayor Brannon asked if there were any owners of property within the boundaries of the annexation who wish to register a protest as far as the annexation is concerned. There were none. Eilund Froneberger, 381 Zinfandel Drive, stated for the record that she and 11 other property owners in the area of the proposed Vineyard View `2 Subdivision have , as a group , retained an attorney because of concern regarding Feedlot Lane which is designated as a 20' utility easement on the tentative map . Ted Feibusch, 240 Highland, asked for confirmation of Mr . Kennedy' s statement that he was having an EIR prepared that includes an economic evaluation since he had previously stated he would not include such an evaluation. Mr. Kennedy stated he had not hired an outside economist to prepare the analysis but his consultant will do the best .he can to answer economics of the project . Mr . Feibusch stated he is in favor of the annexation, however, as a taxpayer he has concerns. It is his understanding that before annexation, an evaluation of the EIR must be made in accordance with CEQA guide- lines. He emphasized the fact that Council is on record that an EIR should include an economic analysis . The reason for this is that people should know what this annexation will cost them. Mr. Feibusch also referred to the City ' s appeal to LAFC 0 to provide water services within the proposed area to be annexed. He asked Council to consider the taxpayer and scrutinize the EIR that Mr. Kennedy is having done and then decide whether Council wants to annex this area to the City of Ukiah. Reg.Mtg. 2-7-79 Page 5 . 18 A G E N D A A C i I 0 N T A K E N PUBLIC HEARINGS (cont 'd. ) PUBLIC HEARINGS cont ' d. Vineyard View/Las Casas Annexation (cont ' d. ) It was stated that subject area is not situated in the UVFPD as it was first thought to be. Else Feibusch stated that if the area is not now in the Fire District that means there is no fire protection. City Manager explained that the CDF would respond. It would depend on whether the Fire District Board of Directors would vote to accept this area. It could be handled on a mutual aid arrangement . Concern was expressed how subject land would be used. Considera- tion of the use permit is important to Mr. Kennedy. Mayor Bran-on stated that it appears that the best approach would be to consi�_er the use permit and act on annexation concurrently. Councilman Simpson confirmed the fact that under the Planned Development z-, e, all use permits must come to Council . Councilman Simpson also stated that no use permit should be granted unless there is enough water pressure to meet all state regulations at that particular location. Mayor Brannon stated he called ISO and was advised the insurance rates within our present system would not be affected. It was also pointed out that cost, are important , but some costs canno= be measured in terms of dollars and cents . Mr. Carter stated his failure to protest was conditioned upon the question of the annexation and question of use permit being dealt with together. Council adjourned the hearing to give further consideration to a subject matter at 7 : 30 p.m. March 21, 1979, or as soon thereafter as the matter can be heard. CITY ATTORNEY REPORTS CITY ATTORNEY REPORTS Acquisition of airport clearzone The City Attorney reported the City properties is acquiring airport clearzone properties in accordance with =AA the north end of the airport to beuaderaised. TWire are 3 parce_s on thin the acquired structures could be marketed on the basis tof bidswo hV after Council declares them to be surplus property. Risk of vandalism after they are vacated was recognized. Mayor Brannon asked if Council could declare in advance that the properties are surplus upon acquisition. The City Attorney pointed out the City cannot deal with properties it does not yet 'own. It was his suggestion that the structures be dealt with as a block unit rather than on an individual basis because of publication costs and other expenses . The matter was referred to staff for recoir=enda- tion at a subsequent time. Main Street property negotiations __ The City Attorney reported nego- tiations are favorable with Main Street property owners . The matter will be brought to Council for approval at a subsequent time. The City will have to consider purchasing one parcel . The total acquisition of the Main Street right of way is close to being accomplished. Construction could begin in 1979. Reg.Mtg. 2-7-79 Page 6. .yr r 19 A G E N D A ACT ION TAKEN CITY COUNCIL REPORTS CITY COUNCIL REPORTS COUNCILMAN HICKEY reported the NCPA meeting will be held March 2nd with the Executive Officer of NCPA in Ukiah at 10 : 00 a.m. to discuss the type of service we desire and existing power supply contracts we now have . He reviewed other topics of dis- cussions and documents which will be needed. There will also be a general meeting in Ukiah on April 26th. COUNCILMAN HICKEY asked what has developed regarding our protest of Sonoma County and Millview Water District on our proposed generation plant at the dam. City Manager reported notice is being circulated asking interveners if they desire the matter be heard before a full hearing of the State Board or sent to an on site administrative hearing. COUNCILMAN HICKEY has had numerous people ask what is going to be done about the condition of Scott Street . Money is appropriated and wonder when it will be done . City Engineer stated a recommendation is being formulated and will be brought to Council at a subsequent time. COUNCILMAN HICKEY asked if anything has developed regarding problems at Yokayo Shopping Center. The City Attorney stated it is on his list of things to do. COUNCILMAN SIMPSON referred to recent MCOG meeting and stated a change has been made in the matter of Council determining where our money . . goes on the transportation needs . Mayor Brannon requested Council meet 30 minutes early at the 'Februa-ry 21st meeting to discuss the matter further and Ernie Dickens , Executive Officer , will be present to discuss the matter in detail . COUNCILMAN SIMPSON stated LAFCO has discussed the spheres of influence and each has given his interpretation on the subject . He reported he was elected Vice-Chairman of the State Board of LAFCO. COUNCILMAN SIMPSON suggested that on Low Gap Road, at the intersection of Despina, a better sign be painted on the street in-?icating "Stop Ahead" . MAYOR BRANNON stated the Parking Commission has asked its responsibilities . He referred to an action taken by Traffic Safety Committee to elimi- nate 2 or 3 parking meters . The City Attorney stated no meters existed at the place in question. Action by the Traffic Committee was done as . an accomodation to the public. He - stated further that the authority exists for the Traffic Safety Committee to do what was done in this regard. MAYOR BRANNON referred to adverse effects Pat Cleaners has regarding parking. City Attorney stated it was a problem of driver education. MAYOR BRANNON reported the Parking Commission has taken action regard- ing the south side of Clay Street indicating it should be opened up for parking since the school is no longer at this location. ° There is a need for action in this regard. MAYOR BRANNON stated he has been reading where Council is to take action regarding electrical rates and asked if Council is to take action to set the public hearing date. This is not a re- quirement. Reg.Mtg. 2-7-79 Page 7 . 20 . A G E N D A A C T I O N R E P O R T CITY COUNCIL REPORTS (cont ' d. mCOUNCILn n , CITY �,LL OI,TS (cont d. ) COUNCILMAN MYERS stated he would not be able to meet the 7 : 30 p .m. time set for continuation. of the public hearing on the Vineyard View/Las Casas Annexation because of a prior committment and requested it be deferred to 8 : 00 p.m. on the same date. The City Attorney pointed out that the 7 : 30 time means at that time or as soon thereafter as same may be heard. The Mayor can move the consideration of this item to a more convenient time with no problem. COUNCILMAN MYERS was of the opinion the next Council meeting was to be a point meeting with the Planning Commission. Planning Director explained the Planning Institute is at that time so requested the joint meeting with Council be postponed to March. COMMENTS FROM AUDIENCE COMMENTS FROM AUDIENCE Millview Water District Ted Feibusch referred to a trans- water flow mittal from City staff as to the fact that Millview Water District does not have the necessary water flow to serve the proposed annexation area. This would be detri- mental to the City' s fire rates . He referred to the Mayor ' s statement regarding a call made to ISO and stated he would like to know if the statement is correct before the EIR is -scrutinized. Mayor Brannon stated it is his understanding the impact would be to that area only and not the whole city. Mr. Feibusch stated he would like to have it cleared up . Mayor Brannon will endeavor to get a letter to that effect. EXECUTIVE SESSION EXECUTIVE SESSION Mayor Brannon adjourned the meet- ing at 10: 10 p .m. to Executive Session. The Council adjourned to Executive Session to consider a litiga- tion matter. Council returned to regular session where it was moved by Councilwoman Snyder, seconded by Councilman Hickey to file suit against LAFCO challenging their annexation approval of the Las Casas-Vineyard View area with 'Millview County Water Dis- trict as the supplier of water service . Motion carried unani- mously. HATTIE M. TILLOTSON City Clerk Reg.Mtg. 2-7--79 Page 8.