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Home My WebLink Aboutmin 01-18-78 - 368 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JANUARY 18 , 1978 - PAGE 1 The City Council convened in regular session at 7:32 p.m. with Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, and Mayor Simpson present. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman Wood gave the Invocation and Councilwoman Snyder led in the Pledge of Allegiance. PAYROLL WARRANTS On a motion by Councilman Brannon, seconded by Councilman Feibusch it was carried by the following roll call vote to approve Payroll Warrants #13104 to #13263 inclusive in the total amount of $85, 432. 53 for the period of December 11th to December 24 , 1977, inclusive. AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: None ABSENT: None GENERAL WARRANTS On a motion by Councilman Brannon, seconded by Councilman Feibusch it was carried by the following roll call vote to approve General Wa-rants #7342 to #7471 inclusive in the total amount of $563, 406.38 . AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson. NOES: None ABSENT: None APPROVAL OF MINUTES On a motion by Councilman Wood, seconded by Councilman Feibusch it was carried by the following roll call vote to approve the Minutes of the meeting of 1-4-78 as corrected. AYES: Councilmen Brannon, Wood, Feibusch, Councilwxmn Snyder, Mayor Simpson NOES: None ABSENT: None PROCLAMATION - "BATTERED WOMAN'S WEEK" Mayor Simpson read subject proclamation and declared January 15 through Jan�-,ary 22 , 1978 , as Battered Woman' s Week. Carol Yoder, 135 Gibson btreet, spoke and explained the work of Project Sanctuary, assistance for the battered woman. CONSENT CALENDAR - SET PUBLIC HEARING DATE On a motion by Councilwoman Snyder; seconded by Councilman Brannon it was unanimously carried to set February 15, 1978, as the public hearing date to consider the EIR for the Airport Clear Zone Acquisition Application No. 78-43. PUBLIC HEARING-ZONE CHANGE APPLICATION NOS. 78-37 & 47 , KENNEDY HOMES N Subject property is located south of Orr Creek adjacent to the Northwestern Pacific Railroad on the west and 150 feet north of Clara Avenue. The request is for a change of zone from C-2, Highway Commercial and Restricted District to -C-1, _Light---AC�vwnterciai. City Manager reviewed Planning Commission action which recommended approval of subject request. Mayor Simpson opened the public hearing at 7:49 p.m. -----,No one spoke in favor or in oppo.sition to subject.:.application. Public hearing was closed at 7:50 p..m.. Council action approving subject application is set -forth in -the following order of business. .:.rte- ... .:.. .. .- .. 369 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JANUARY 18 , 1978 - PAGE 2 INTRODUCTION OF ORDINANCE NO. 705 ZONE CHANGE APPL. NOS. 78-37 & 47 On a motion by Councilman Wood, seconded by Councilman Brannon it was carried by the following roll call vote to introduce Ordinance No. 705 by title only. AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: None ABSENT: None On a motion by Councilman Wood, seconded by Councilman Brannon it was carried by the following roll call vote introduce Ordinance No. 705, "Ordinance Of The City Council Of The City Of Ukiah Amending Chapter 2, Division 9 Of The Ukiah City Code By Rezoning Property From Existing C-2 Zone, To C-1 (Zone Change Application Nos. 78-37 and 78-47) " . AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: None ABSENT: None PUBLIC HEARING-PROPOSED AMENDMENT TO ZONING ORDINANCE SECTION 9168 "NON-CONFORMING USES" After the Planning Commission had. considered alternatives possible in revising Section 9168 (a) of the Zoning Ordinance, the recommendation forwarded to Council for its consideration is to retain the non-conforming use provision in the Zoning Ordinance, but use as a determining factor for rebuilding "75% of market value" rather than "appraised value" . . Mayor Simpson declared the public hearing open at 7:55 p.m. Virginia Brady, 1000 North Oak, stated that in her opinion Ukiah needs the protection of the R-1 zoning and we need to preserve the character of the old homes within the City. The public hearing was closed at 7:59 p.m. !- Councilman Wood made a motion, seconded by Councilman Feibusch to approve the Planning Commission recommendation stated above. Under the question, Councilman Brannon pointed out that in his opinion there is a need for basic protection to restore a parcel to the existing use, in the. event of 75% destruction. Council- man Wood stated existing uses could be"grandfathered in" . Councilman Feibusch stated that if a 750 of a structure is destroyed, the owner may be unable to restore it with construction costs what they are today. The following roll call vote resulted in defeat of Planning Commission recommendation on non-conforming uses. In accord- ance with Section 9245 (b) of the Municipal Code, subject matter is referred back to the Planning Commission for a report thereon. AYES: Councilman Feibusch and Mayor Simpson NOES:_.: Councilmen Brannon, Wood, Councilwoman Snyder ABSET: None Colft'cilman Wood requested that Planning Commission report on subjio�;. matter and the Dora Street Rezoning No. 78-2 be con- side .' by the Council at its February 15th meeting. 5 . ^ nl k r ..:. .370 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JANUARY 18 , 1978 - PAGE 3 VARIANCE APPL. NO. 78-46 DENIED ERNEST NEESE, 563 LIVE OAK AVENUE Subject application is for variance from the minimum building site area of the R-1, Single Family Residential zone. The owner of subject parcel also owns the adjacent parcel and could combine the lot to make one legal lot. Gary Macomber, 545 Live Oak, was present and spoke against granting subject variance application. Councilman Wood made a motion, seconded by Councilwoman Snyder to grant Variance Application No. 78-46 . The following roll call vote resulted in defeat of the motion and denial of subject variance. AYES: None NOES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder Mayor Simpson ABSENT: None VARIANCE APPLICATION NO. 78-41 EVANGELICAL FREE CHURCH Planning Commission filed its report to Council and a request from Applicant requested the matter be referred back to Planning Commission for further consideration. Request was granted which resulted in a tie vote. Subject matter is again back to Council for consideration. The request is for a variance from the height limit to allow- construction of a 65 foot tall- structure with a cross extending from the roof 30 feet for a total height of 95 feet. The proposed structure is to be located in an R-2 zone which has a height limit of 30 feet. Staff ' s recommendation is to deny the application. 41 City Manager reviewed Planning Commission action. City Attorney read Sections 9207 and 9208 of the Municipal Code which states conditions under which a variance could be granted. Councilman Wood made a motion, seconded by Councilman Feibusch to grant subject Variance Applicatir.n. Councilman Feibusch amended the motion to approve the application subject to the condition that a licensed architect- be hired. Councilman Wood asked if this could be done. The City Attorney stated this would be an improper condition to place on the variance. Councilman Feibusch then withdrew his • amendment to the motion. Councilman Wood amended his motion to grant the Variance Application as requested on the condition that prior to construction, the developer submit final drawings which are in substantial com- pliance with Exhibits shown and. if staff determines them to be not in compliance, the matter will come before the Council again. Councilman Feibusch, who seconded the original motion, was not in agreement with subject amendment. Gary Akerstron, 195 San Jacinta, represented the church and spoke In favor of subject application. He presented to the Clerk a Petition which he alleged contained 815 signatures in favor of the application. --The following persons spoke _in opposition to granting the variance, -The objection expressed was to the height of the proposed structure. Bob Kingsley, 401 Quail Drive Jones, 500 Vichy Hills Drive Winn Scott, 836 Yosemite 37t MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UK7AH JANUARY 18, 1978 - PAGE 4 The motion to grant the variance failed by the following roll call vote: AYES: Mayor Simpson NOES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder. ABSENT: None Council action approving Variance Application No. 78-41 with a compliance requirement is set forth in the following Council action. RESOLUTION NO. 78-54 GRANTING VARIANCE TO EVANGELICAL FREE CHURCH On a motion by Councilman Wood, seconded by Councilman Brannon it was carried by the following roll call vote to adopt Resolution No. 78-54 Granting Variance To Evangelical Free Church with the condition that staff review the architect's plans to determine if said plans are in compliance with the Exhibits reviewed this date and should staff determine subject plans not to be in com- pliance, the matter will come before the Council for final determination. AYES: Councilmen Brannon, Wood, Councilwoman Snyder, Mayor Simpson NOES: Councilman Feibusch ABSENT: None RESOLUTION NO. 78-55 ADOPTING REGULATIONS & PROCEDURES TO COMPLY WITH NATIONAL FLOOD INSURANCE PROGRAM On a motion by Councilman Wood, seconded by Councilman Brannon it was carried by the following roll call vote to adopt Resolution No. 78-55, "Resolution Of The City Council Of The City Of -Ukiah Adopting Regulations And Procedures To Comply . With The Requirements Of The National Flood Insurance Program" . AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: None ABSENT: None WRITTEN COMMUNICATION-CITY OF ARCATA RE PERIPHERAL CANAL On a motion by Councilman Brannon, seconded by Councilman Feibusch it was carried by the following roll call vote to support the proposed resolution of the Redwood Empire Division League opposing any actions that would lead to the export of the water resources of Northern California as requested by the City of Arcata. AYES: Councilmen Brannon, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: Councilman Wood ABSENT: None MAYOR SIMPSON DECLARED A FIVE MINUTE RECESS ep RESOLUTION REQUESTING APPROVAL OF REVISED F.A.U. FUNDING PROJECT LIST Federal Aid Urban Funds are allocated to the Ukiah Urban Area for projects that enhance safety and/or capacity of its street systems. The selection committee. representing all agencies having streets or highways within the area has re-evaluated priorities and recommends adoption of a revised program as follows: 1) Sanford Ranch Road .intersection with Talmage Road 2) KUKI Road Lovers Lane and North State Street .3) .Law Gap Road 4) South State Street (Gobbi to Oak Knoll) 5) Perkins Street 372 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JANUARY 18 , 1978 - PAGE 5 Councilman Wood made a motion to adopt subject resolution. Councilwoman Snyder seconded the motion. Council was of the opinion that with the construction of new public facilities along Low Gap Road and the expected- new opening of the High School this year, that Project No. 3 listed above should have a higher priority. Councilman Brannon stated Council should move in good faith. Councilman Wood withdrew his motion with approval of the second. On a motion by Councilman Wood, seconded by Councilman Feibusch it was carried by the following roll call vote to again discuss with the County the priorities of the Ukiah Urban Area F.A.U. Program. AYES: Councilmen Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: Councilman Brannon ABSENT: None RESOLUTION NO. 78-57 RESCINDING RESOLUTION NO. 77-69 WHICH DECLARED STAGE I WATER EMERGENCY On a motion by Councilman Feibusch_, seconded by Councilwoman Snyder it was carried by the following roll call vote to adopt Resolution No. 78-57, "Resolution Of The City Council Of The City Of Ukiah Rescinding Resolution No. 77-69 Which Declared A Stage I Water Emergency" . AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder Mayor Simpson NOES: None ABSENT: None Councilwoman Snyder requested that water rates be reviewed at a subsequent meeting. RESOLUTION NO. 78-58 ADOPTING REVISED AFFIRMATIVE ACTION PLAN On a motion by Councilwoman Snyder, seconded by Councilman Wood, it was carried by the followinq roll call vote to adopt Resolution No. 78-58, "Resolution Of The City Council Of The City Of Ukiah Adopting A Revised Affirmative Action Plan" . AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: None ABSENT: None HYDROELECTRIC POWER GENERATION PROJECT - COYOTE VALLEY DAM City Manager requested Council reconsider its action at the last meeting and determine if subject project has potential benefit for lower power costs. ' If a .potential benefit exists, then a realistic budget should be adopted to fund the project. City Manager recommended candidate engineering firms be inter- viewed to select a consultant for this project based on qualifi- cations and experience. Representatives from Oscar Larsen and Associates have been interviewed. Mr. David Willer of Tudor Engineers has indicated his interest in the project and was present in the audience to make a presentation on the feasibility of this project. Mr. Willer' s --presentation explained the small hydroelectric projects his 373 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JANUARY 18, 1978 - PAGE 6 firm is involved in at the present time. He pointed out some of the problems that could arise but that in his opinion the City could develop power for less than we are paying at the present time - that the -City's power costs could be reduced at the rate Of $1000 per day. Mr. Willer reviewed the steps required to start the project and stated the initial cost would be approxi- mately $4000. 00. On a motion by Councilman Wood, seconded by Councilman Feibusch it was carried by the following roll call vote to direct staff to indicate to the Corps of Engineers the City's desire to pursue a project to generate electrical energy from the Coyote Valley Dam Project and obtain a firm figure proposal from Tudor Engineers to complete the required filings and applications. AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: None ABSENT: None RESOLUTION NO. 78-59 AMENDING REDWOOD WORKER'S COMPENSATION FUND AGREEMENT On a motion by Councilman Wood, seconded by Councilman Feibusch it was carried by the following roll call vote to adopt Resolution No. 78-59,. "Resolution Of The City Council Of The City Of Ukiah Approving The First Amendment To The Joint Powers Agreement Establishing The Redwood Empire Worker's Compensation Fund Now Known as The Redwood Empire Municipal Insurance Fund" . AYES: Councilmen Brannon, Wood, Feibusch, Councilwoamn Snyder, Mayor Simpson NOES: None ABSENT: None HIGHLAND AVENUE TRAFFIC PATTERN Councilman Feibusch requested another vote on subject matter which has been considered by Council at several meetings. Councilman Feibusch made a motion that the Traffic Committee recommendation on Highland Avenue be adopted, i.e. traffic to be 2-way, installation of a 3-way stop at the intersection of Clay Street and Highland Avenue, installation of stop sign on Highland Avenue at Highland Court, and rumble strips be installed in locations to slow and warn traffic. Councilman Brannon seconded the motion. The following roll call vote defeated the motion to change the traffic pattern on Highland Avenue: AYES: Councilmen Brannon and Feibusch NOES: Councilman Wood, Councilwoman Snyder, Mayor Simpson ABSENT: None CONSIDERATION OF COMMISSION APPOINTMENTS Councilman Feibusch made a motion to appoint Bob Axt to the Planning Commission. Councilman Brannon seconded the motion. The following roll call vote resulted in defeat of the moti AYES: Councilmen Brannon and Feibusch on: NOES: Councilman Wood, Councilwoman Snyder, Mayor Simpson .ABSENT: None y - 14r. Axt lives outside the city limits. The City Attorney stated there is no indication that commission members must reside -within the city limits while serving on a city commission. It has been Council policy. "T" 1 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JANUARY 18, 1978 PAGE 7 On a motion by Councilman Wood, seconded by Councilwoman Snyder it was unanimously carried to defer the commission appointments to the next regularly scheduled meeting. COUNCILMAN BRANNON Audit- Report Accepted - On a motion by Councilman Brannon, seconded by Councilwoman Snyder it was unanimously carried to accept the current Audit Report with correction noted. AB 998 - Funds may be available to contract with NCO for Volunteer Bureau program and thus take the City out of the social welfare business. Appreciation expressed to City Manager for the help he gave at the meeting in Santa Rosa when the JPA for the Redwood Empire Worker' s Compensation Fund was amended. COUNCILWOMAN SNYDER Cultural/Recreation Committee needs help in selection of a proposed site for the community center. MAYOR SIMPSON State LAFCO Board Meeting Dealt with clean up legislation, urban renewal curtailment and other matters of interest Western Cities Magazine - Pointed out several articles of interest. Ford Street Bridge - The approach to the bridge needs repair. City Engineer will check out. Ample Avenue Drainage - Cleaning out the drainage canal did help during the recent rains. CITY MANAGER TO ATTEND SPRING MEETING City Manager was granted permission to be absent from the February 15, 1978, Council meeting in order for him to attend the City Manager's Spring Conference at that tim.a. ADJOURNMENT Mayor Simpson adjourned the meeting at 11:11 P.M. e ATTEST: Mayor City Clerk ti 9