HomeMy WebLinkAboutmin 11-01-78 477
Is
CT'J'Y C'OUNCT1,
City Council Chambers
111 W. Claur.ch
November 1, 1978
A G E N D_A. A C T I O N T A K E N
a CALL TO ORDER 7 :30 p.m. Mayor Brannon presiding.
Councilmembers present: Hickey,
Myers, Simpson, Snyder , Mayor Brannon.
Staff present: Swa.yne , Kruth, Harris ,
Tillotson. City Attorney Heys was
absent.
INVOCA`1'ION Mayor- Brannon
PLEDGE OIC' ALLEGIANCE Councilman Hickey
APPROVAL OF PAYROLL WARRANTS M/S: . Simpson/Myers
Warrants #3257 to x,,3416 inclusive
9-17-78 to 9-30-78 inclusive
$85 , 183 . 43 . Carried unanimously
by roll call vote.
APPROVAL OF GENERAL WARRANTS City Manager reconcffnended amendment
of Warrant Regi. ter as follows :
#9472 Fostmeier Construction $14 , 000
withheld .from previous progress
payment, now in order for payment.
#9473 LUR Construction $8573 . 41
_ retained amount to cover lien , now
in order for pz.y.ment.
M/S : Snyder/hickey
M Warrants V9390 to #9473 inclusi-N.Te.
$116 , 469 . 74 . Carried unanimously
by roll call vote .
PROCLAMATIONS None
APPROVAL, OF MINUTES MIS : Snyder/Dickey to approv,_
Minutes of 10-18-78 as corrected.
CarrieC by majority vote.
Mayor Brannon abstained.
ADDITION TO AGEND.-, .
Consideration of Petition M/S : Simpson/Hickey to add subject
from merchants in Yokayo Shopping matter as No. 8 (a) on the Agenda.
Center. Carried unanimously.
CONSENT CALENDAR CONSENT CALENDAR
M/S: Snyder/Hickey approving Items
1, 2 , 3 , 4 on Consent Calendar .
Carried unanimously by roll call
vote.
1) Motion: Set 11-15-78 as public
hearing date for Prezone No.
79-40, Orchard Ave. South
2) Mot i_on: Direct Clerk to file
Notice of Completion for
Fire Station No. 2
3) Motion: Appro;re Claim .for Damages
f i_lccl by S Lit t"e Farm 111SUrancc
Company in total amount of
$1439. 32 .
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478
T, G, E N I) A (C(),I,I t , d A C '1' 1 0 N T A K E N (cont ' d. '
COIW:;E!Tl' (A1_A.'NDJ\P (cont:' d. ) CON`>I;E 'I' (_A11:NDAJ\) (cont'd. )
A1_1T1110RJ1'ZJ'J,KJ ACREE- RESOLUT-10N NO. 79-35
' DEP111
MI-1.)NI11") P01,11-CE I :J .
OF THE CITY OF UK'J_A11 Fx I-111E
S` ATI. 01 C1\LTY01\11,41A DEPT.
OF CALIFORN-1A 111GHW[C111. PATROL
(TR'Al'1� 1C ACCIDENT INVESTIGATION)
PUBLIC IIE'ARTNGS PUBLIC HEARINGS
5) Consideration of Negative Continued from 1-0-18-78 meeting.
Declaration for Vineyard View/ Subject matter back to Council
Las Casas Prezone & after being referred to Planning
introduction of ordinance Commission at 10-18-78 meeting .
Planning Commission considered
matter at 10-25-78 meeting & by
3/2 vote recommended the Negative
Dec laratio,a be accepted for the
prezone .
On file : Planning Di-rector memo,
10-27-78 , Planning Commission
Minutes 10-25-78 ,, Planning Director
memo, 1-0-20-78 , Findings of Fact
from Board of Supervisors r,=_ Vine-
yard View EIR considered in March.
City Manager explained that there are three areas of consideration on
subject Matter which are taking place simultaneously - the annexation,
prezoning, and use permit procedures .
Mayor Brannon opened the public hearing at 7 : 42 p.m.
Ted Feibusch spoke in opposition to the negative declaration. He cJ_ted
Article 7 of CEQ1A. Guidelines wherein he alleged it states that. all phases
4_ng'
of project plaffn..i must be considered in the initial- study of the project.
Prezone is the initial study of this project. He stated further that
Mr. Kennedy has indicated his will-ingi-less to prepare a focused EIR, whit.___
is the "meat" of the project and asked that Council follow Planning
Commission direction and make one bundle out of this process according
to CEQA.
Bobby Kennedy spoke in favor of the negative declaraticn. He stated it
was his understanrling that the negative declaration was not part of
the project; the proposed EIR wi_11,1 be on his project and has nothing to
do with annexation. An EIR was corop.leted several years ago on the General
Plan. His statement was because of concern of the people - he was to
file EIR to get answer to problems that the project creates
Brenda Levaditis stated the Council should take- a. positive position on
the negative declaration and prezone subject area.
Public hearing closed - 7 : 50 p.m.
MIS: Hickey/Snyder to accept the Negative Declaration for the purpose of
prezoning the Vineyard View/Las Casas Estates.
.Councilman Myers had several questions concerning the proposed action -
is the use permit dependent on the PD zone, could Council accept the
previous zoning ; until annexation takes place and after that zone the
area PD, and is this an appropriate or fair process if further along the
way, because of restrictions, it is determined not to be appropriate?
Councilman Myers expressed some reservations concerning the EIR already
developed as well as the focused EIR in the event there are ramifications
not as yet spoken to. It was pointed out that Page 2 of the County' s
Findings of Fact spoke to this question.
Other Council members pointed out subject proposal gives. the Planning
Commission more control; that Council approval of the negative declaration
does not change land and how it will be used. The EIR can piggy back
prior EIR' s; it is not necessary to address all aspects.
The motion to accept the Negative declaration on Vineyard View/Las' Casas
Estates carried majority vote. Coll 11c i.1 pan Myers voted "No" .
MIS: Hickey/Snyder to introduce Ordinance No. 719 by title only.
Carried unanimously by voice vote.
MIS : Snyder/Ilickey to introduce Ordinance No. 719 , '1OR0.TNANCT,.J' OF THE
Reg-mtg .
P0cfn, 2
4 Ar 1"
A G E' N 1) A A C T 1 0 N "J' A K E N (cont:: 'd . )
PU13J,J_C 11E.ARI'NGIS (con L` d. ) PUB11-1C 11T'-"A10'NGS (cont ' d. )
CITY COUNCIL 01" '!'HE CITY 01,-' UKIAH PRE-ZONING CERTAIN PROPERTY
(VINEYARD VIEW-LAS CASAS) "
Carried unanimously by roll call vote.
6) Consideration of amendment to Planning Director memo, "Revised
Zoning Ordinance by modifying Zoning Ordinance" .
various sections Public hearing opened at 8 : 08 p.m.
Dr. Willi-am Levaditis and Dr. Robert
Joyslyn spoke in opposition to
proposed amendments .
Objections related to Section 9165 , (6) Health UE;es -- parking require-
ments, for medical or dental offices; the proposed amendments do not
distinguish between different types of doctor ' s offices and the way
they work, tends to destroy apprenticeship programs, will- drive health
care prices up, leads to less health care facilities in core of the
city, no need to limit parking - it could be a self regulating system,
allog,,,s inflation to go higher and the sick to not get help.
Ted iPeibusch' s comments related to Section 91653 , (1) Residential Uses .
In his opinion duplexes should be required to have t�-,7o garages . Page 2 .
(2a) could be an escape raechanism.
Mr. Feibusch also . stated in his opinion there is a need for the expertise-
of an architect on the Project Review Committee.
Brenda Levaditis referred to Page 1 of the pl-oposed ordinance and asked
how the proposed changes relates to old and new structures .
There was no one to speak in favor of the proposed modifications .
Public hearing was closed at 8 : 23 p.m.
MIS : Snyder/Simpson to introduce ordinance No. 720 by title only.
Carried unanimously.
MIS : Sn',J7der/Hic17,ey to introduce Ordinance No. 720 "ORDINANICE OF THE
I
T THE T T C IT rT1 J--.,I.CITY COUNCIL OF TiE CITY OF UKIA1 AMENDING DIVISION 9 . JAPIER. 2 OF
THE CITY OF UK*1_A.H ZONING ORDINANCE
The Planning Director spoke to objections raised. It was pointed out
that exceptions could be handled through the variance procedure.
Other points made by Council were as follows:
The Planning Commission can obtain expertise from professionals located
in and outs-iLde the city as needed.
Doctors beginning their chosen profession could be given special considera-
tion.
Councilman Hickey was of the opinion that a provision for a Zoning
Administrator would be beneficial. Councilwoman Snyder was of the
opinion that Council was to delete this position when the matter was
, discussed at study sessions. Councilman Simpson stated the matter
could be considered as an amendment later.
The motion to introduce Ordinance No. 720 carried by roll call vote.
Council determined that consideration of a Zoning Administrator would
be on the next agenda.
REPORTS FROM BOARDS, COMMITTEES, REPORTS FROM BOARDS, COMMITTEES,
COMMISSIONS COMMISSIONS
7) RESOLUTION ESTABLISHING RENTAL MIS: Snyder/Myers to adopt
& LEASE RATES AT AIRPORT FOR RESOLUTION NO. 79-36
VARIOUS BUILDINGS & LANDS Carried by roll call vote.
8) RESOLUTION APPROVING TENTATIVE M/S : Hickey/Simpson to adopt
MAP FOR DOLCO SUBDIVISION RESOLUTION NO. 79-37
and accepting Negative Declara- Carried by roll call vote.
tion.
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480
A G E' N 1) A (c(.-)nt'd. ACT TON TAKEN (coiitd. )
COWIUN.ICATIONS WR*I:TTEIN COTIMUN'rCA'1'TONS
8a) Consideration of Petition Subject petition expressed object-ion
from merchants in Yol,7,ayo to the rioting , vandalism and driiik-
Shopping Center ing of alocoholic beverages by persons
while parked in the parking lot.
Their request was for enactment of
an ordinance whereby the Police coi-
disburse these people after. 7 : 00 p.
Those who expressed their concerns
were Jim Shupe; Jim Yonts , Yokayo
Liquors; and Jeff Twomy, A&W Root
Beer. They alleged the Police have
stated they cannot act unless vio-
latioi-i occurs in the presence of an
officer. It was explained that the
Police cannot cite for parking - oi-i.ly
for traffic violation. To post the
lot requires an accompanying ordi--
nance to back up the posting .
Council. directed the City Attorney
to determine if there are statutes
that can be enforced' whereby the
merchants in this area as well as
other areas can be relieved of such
nuisances. Consideration will also
.be given to cost sharing .
ORDINANCES & RESOLUTIONS ORDINANCES & RESOLUTIONS
9) RESOLUTION ESTABLISKING MIS: Myers/Snyder to adopt
SPEED ZONES RESOLUTION NO. 79-39
State law requires that speed zone.,
be established where radar is used.
Thisis required every 5 years.
Mayor Brannon stc-teed this require-
ment in some instances interrupts
the natural flow of traffic b1 re-
ducing speed.
Carried by majority vote.
Mayor Brannon voted "No" .
10) Introduction )f ORDINANCE MIS : Snyder/Simpson to introduce
AMENDING SECTION 1201 Ordinance No. 721 by title only.
CODE (ATTENDANCE REQUIREMENT) Carried unanimously.
MIS : Snyder/Simpson to introduce
ORDINANCE NO. 721.
Carried by roll call vote.
CITY MANAGER REPORTS CITY MANAGTR REPORTS
Tour Fire House & Gibson Creek Official dedication and tour of
Fire House will be noon, 12-9 ,
after which Council will tour the work
done in a portion of Gibson Creek
Channel.
CITY COUNCIL REPORTS CITY COUNCIL REPORTS
Councilman Myers Reminder that he will not be able to
attend the next meeting until 9 : 15 .
This is "Back to School Nite" at the
High School.
Expressed thanks on behillf of him:,elf
& his family for the memorial q i ft
to the Sun Nouse in memory of his
father and brother.
11-1-"7 8
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81
A G E N D A L' d. A C T 1 0 N '"P A K E N (coii.t' d.
CITY (10tiNIC-1. REF-101"1.'S (cont 'd) CITY C01)NCT3_, I I)ORTS (cont'
Councilwoman Snyder As]-.J2d to have specific prol__)c.rty
line determinations made at the
time building permits are issued .
Asked is Council could also write
to Congressman. and Senator regard-
ing Lake Mendocino project.
Hydro-electric projects were dis-
cussed at League meeting in Anaheim.
It was determined we are not far en�,ug
along on our project as yet for this
information to be considered for
implementc-ALtion.
Asked about 12-20-78 Council meeting .
Council determined there will be no
meeting on that date.
Councilman Simpson Bush Street extension work looks
good.
When will first report come from
traffic study committee.
Study will take approximately 5
months.
Mayor Brannon Referred to Holmes project on
Spring/Walnut indicating violation
of zoning ordinance. It was re-
ported property owner 1-2.as been
advised. of -t-1-As violation and he
has contacted Public Works Department
for elevation and grades.
Asked status, of Wastewater Treatmen-C.
study. Waiting for state & EPA
requirements. City Engineer reported
on the matter. Mayor indicated he
was not comfortable with the present
situa - ion '& suggested a study sess'-on
to determine where Council stands
policy-wise. Council will meet
an hour early next meeting to discuss
this matter.
COMMENTS FROM AUDIENCE COMMENTS FROM AUDIENCE
Ted Feibusch Expressed thanks to Council for
scheduling study session for
wastewater treatment study.
Expressed concern of traffic con-
gestion on Perkins, Low Gap Road ,
State Street, and made suggestions
he felt could alleviate some of the
problems.
ADJOURNMENT ADJOURNMENT
Mayor Brannon aclj.ourned the meeting
at 9 : 52 p.m.
HATTIE M. TILLOTSON
Reg.Mtg City Clerk
11-1-78
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