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HomeMy WebLinkAboutmin 04-06-77 258 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH APRIL 6, 1977 - PAGE 1 The City Council met at 6: 30 p.m. in Personnel Session. City Council convened in regular session at 8 : 05 p.m. with Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, and Mayor Simpson present. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Brannon gave the invocation and the City Manager led in the Pledge of Allegiance. PAYROLL WARRANTS On a motion by Councilman Feibusch, seconded by Councilman Wood it was carried by the following roll call vote to approve Payroll Warrants #9829 to #9963 inclusive for the period of March 6 , 1977, to March 19, 1977, inclusive in the total amount of $72, 395. 25. AYES : Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, and Mayor Simpson. NOES : None ABSENT: None GENERAL WARRANTS On a motion by Councilman Wood, seconded by Councilman Feibusch it was carried by the following roll call vote to approve General Warrants #5588 to #5675 inclusive in the total amount of $131, 897 . 71. APPROVAL OF MINUTES On a motion by Councilman Feibusch, seconded by Councilman Brannon it was unanimously carried to approve the minutes of the special meet- ing of February 15, 1977, as submitted by the Clerk. Councilman Wood was not present at this meeting and abstained from voting. On a motion by Councilman Wood, seconded by Councilwoman Snyder it was unanimously carried to approve the minutes of the regular meet- ing of February 16 , 1977 ,as submitted by the Clerk. Councilman Brannon was not present at this meeting and abstained from voting. PROCLAMATIONS Mayor Simpson read the Proclamation and declared the month of May as ANTI-LITTER MONTH. Mayor Simpson read the Proclamation and declared the month of April as PUBLIC SCHOOLS MONTH in the City of Ukiah. CONSENT CALENDAR 1) Request for joint meeting with Parks and REcreation Commission. Councilman Wood requested subject item be pulled from the Consent Calendar. 2) Set public hearing date to consider Zone Change Application No. 77-41 filed by Jim Foucault, Cherry Court. Councilman Feibusch requested subject item be pulled from the Consent Calendar. On a motion by Councilman Wood, seconded by Councilman Feibusch it was unanimously carried to approve Item #3 from the Consent Calendar, to deny the claim for damages filed by Cecil Adams, 616 North Pine, and refer to the insurance carrier. On a motion by Councilman Wood, seconded by Councilman Brannon it was unanimously carried to schedule a joint meeting with the Recreation and Parks Commission April 21, 1977 , 7 : 00 p.m. in the City Council Chambers. Councilman Feibusch made a motion, seconded by Councilman Wood to hold the setting of the public hearing date in abeyance fot . Zone Change Application No. 77-41 filed by Jim Foucault on Cherry Court 259 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH APRIL 6, 1977 - PAGE 2 until the study of adjacent property is completed by North Counties Engineering. The question was raised as to how long the public hearing could be postponed. Councilman Feibusch amended his motion to hold over subject matter until the next meeting for clarification of the postponement by the City Attorney. Councilman Wood seconded the amended motion. Motion carried unanimously. PUBLIC HEARING-APPEAL OF DENIAL OF USE PERMIT NO. 77-1 JAMES A. KELLY - RESOLUTION NO. 77-77 Applicant has appealed the denial by the Planning Commission of his request for extension of Use Permit 77-1 which was granted July, 1976 to allow a reupholstery business as a home occupation at 725 North Oak Street, zoned R-2. Public hearing was opened at 8 : 23 p.m. The following persons spoke in favor of the application: Jim Mayo, 390 West Standley, representing applicant. James A. Kelly Jack Stewart, 154 Freitas spoke in opposition to the application. Mayor Simpson declared the public hearing closed at 8 : 37 p.m. On a motion by Councilman Feibusch, seconded by Councilwoman Snyder it was carried by the following roll call vote to uphold the appeal of James A. Kelly and grant the use permit to allow a reupholstery business as a home occupation at 725 North Oak Street with the following special conditions : 1) Annual renewal 2) No employees 3) No signs 4) View fence within 90 days 5) No on-street parking AYES : Councilmen Brannon, Feibusch, Councilwoman Snyder. NOES: Councilman Wood and Mayor Simpson ABSENT: None Subject approval is set forth in Resolution No. 77-77 . PUBLIC HEARING-ZONE CHANGE APPL. NO. 77-35 TONY G. BRAZIL (OLD SLAUGHTER HOUSE PROPERTY) Mayor Simpson excused himself at this point in the meeting because of a conflict of interest as Chairman of the Senior Citizen Housing. Vice Mayor Feibusch took the chair at this time. Subject application was filed by Tony G. Brazil, Rural Community Housing Development Corporation, agent, requesting a change of zone from R-1, Single Family Residential to R-2, Multiple Family District. The parcel is located on the west side of Pine Street opposite Vinewood Park and extending from Pine Street to Frank Zeek School. The proposal is requested to accommodate a 48 unit senior citizen HUD housing project on the old slaughter house property. Plan4ing Commission recommendation was to approve the zone change. Public hearing was opened at 8 : 45 p.m. Duane Hill, representing the Rural Community Housing Development Corporation, a non profit corporation staffed by NCO was present in the audience and spoke concerning subject application. Ralph Palmer also spoke on subject matter. Public hearing was closed at 9 : 07 p.m. 200 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH APRIL 6, 1977 - PAGE 3 Councilman Brannon. made a motion, seconded by Councilwoman Snyder to accept the Planning Commission recommendation and introduce the ordinance to rezone subject property from R-1 to R-2 . Concerns were expressed regarding rezoning the property and then having this project not receive the HUD funding needed to proceed with development. Councilman Feibusch amended the motion to provide for the rezoning taking effect upon HUD approval. Motion died for lack of a second. The City Attorney was directed to research the possibility of re- zoning the property and not having the zoning take effect until the senior citizens project is finally approved. The motion to introduce the ordinance carried by the following roll call vote: AYES : Councilmen Brannon, Wood, Feibusch, Councilwoman" "Snyder NOES : None ABSENT: Mayor- Simpson Recess - 9 : 20 p.m. Mayor Simpson resumed his chair after the recess . AGRICULTURAL EXCLUSIVE (A-E) DISTRICT PUBLIC HEARING Planning Commission had considered subject matter and recommended approval of the amendment to the Zoning Ordinance to include the A-E zoning district. Public hearing was opened at 9 : 28 p.m. No one spoke in favor or in opposition to the proposal. Public hearing was closed at 9 : 29 p.m. Councilman Wood made a motion, seconded by Councilman Brannon to authorize preparation of an ordinance for introduction at the next meeting to include an Agricultural Exclusive District in the zoning ordinance. The motion 'carried by the following roll call vote: AYES : Councilmen Brannon, Wood, Councilwoman Snyder, Mayor Simpson NOES : Councilman Feibusch ABSENT: None RESOLUTION NO. 77-78 APPROVAL OF VARIANCE APPLICATION NO. 77-33 - MAURICE COX Subject application is for reduction in minimum required lot size from 7000 square feet to 6250 square feet for a lot located at 312 North Dora Street. The special condition placed on the approval was that the use of the lots remain single family detached residential. On a motion by Councilman Wood, seconded by Councilman Brannon it was carried by the following roll call vote to adopt Resolution No. 77-78 , "Resolution Granting Variance To Maurice Cox" . AYES : Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder Mayor Simpson NOES : None ABSENT: None PROPOSED DEVELOPMENT OF PARK ON NOKOMIS SCHOOL SITE Subject proposal would be worked out through a joint powers agreement with the School District with use of State Bond Act monies . Director of Recreation and Parks was present in the audience and presented the plan for development of the area. Mr. Bill Murphy, Unified School District Superintendent was also present and inidicated initial approval of the project. On a motion by Councilman Wood, seconded by Councilman Brannon it was carried by the following roll call vote to approve the proposal for development of a park on the Nokomis School site, utilizing 261 MINUTES OF THE MEETING OF THE CITY COUNCIL OF TME CITY OF UKIAH APRIL 6, 1977 - PAGE 4 State Bond Act monies. AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder Mayor Simpson NOES: None ABSENT: None RESOLUTION NO. 77-79 AUTHORIZING LEASE AGREEMENT FOR VASI INSTALLATION On a motion by Councilman Wood, seconded by Councilman Brannon, it was carried by the following roll call vote to adopt Resolution No. 77-79, "Resolution Of The City Council Of The City Of Ukiah Authorizing The Mayor And Clerk To Sign Lease Agreement (VASI Installation) " . AYES : Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES : None ABSENT: None RESOLUTION NO. 77-80 AUTHORIZING LEASE AGREEMENT FOR FAA WEATHER EQUIPMENT On a motion by Councilman Wood, seconded by Councilman Feibusch it was carried by the following roll call vote to adopt Resolution No. 77-80 , "Resolution Of The City Council Of The City Of Ukiah Authorizing The Mayor And Clerk To Sign Lease Agreement (FAA Weather Equipment) " . AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: None ABSENT: None INTRODUCTION OF ORDINANCE NO. 692 REGULATING MOTORCYCLES & OFF HIGHWAY VEHICLES On a motion by Councilman Wood, seconded by Councilman Brannon it was unanimously carried to introduce Ordinance No. 692 by title only. Councilman Wood made a motion, seconded by Councilman Brannon to introduce Ordinance No. 692, "An Ordinance Of The City Council Of The City Of Ukiah Adding Article 5 To Chapter 1 Of Division 7 Of The Ukiah City Code (Regulation Of Motorcycles And Off-Highway Motor Vehicles) " . Council discussed Section 6042 - Mufflers and determined the section ending on Page 3 of the proposed ordinance shall state that the provisions of said section not apply when such vehicle is being operated on a properly zoned race track. The motion was amended to this extent by Councilman Brannon, seconded by Councilman Wood, and carried by the following roll call vote: AYES : Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder Mayor Simpson NOES: None ABSENT: None DISCUSSION OF PROPOSED REVISION RULE #1 EXTENSION OF ELECTRIC LINES & FEES Copies of the proposed revision had been provided Council. If agreeable, a public hearing on subject matter could be scheduled at a subsequent time. Councilman Feibusch asked that the matter be put off until a study is made to determine the condition of the distribution system so the City knows where it is qoing. Councilman Brannon pointed out this revision is a correction of an injustice that was passed in 1976 to the subdivider and developer. Subject revision is designed to coincide with the PG&E summary of rates . Councilman Wood stated his concern is the effect it will have on the home owners . In his opinion, the City ' s 262 MINUTES OF THE MEETING OF THE CITY COUNCIL OF TIIE CITY OF UKIAH APRIL 6, 1977 - PAGE 5 electrical system is the greatest tool the Council has for this purpose, i.e. adoption of life line rates . He stated further that it is difficult to justify the adequacy of the system on a cost basis. Councilwoman Snyder agreed with the opinion that the city needs an evaluation of its electriccal system to ascertain the condition of the system. Council determined that an in house study of the City' s electrical system is in order. City Manager stated said study would be made. On a motion by Councilman Brannon, seconded by Councilman Wood it was carried by the following roll call vote to notice subject revision of electric lines and fees and set public hearing date. AYES : Councilmen Brannon, Wood, Councilwoman Snyder, Mayor Simpson. NOES : Councilman Feibusch ABSENT: None APPROVAL OF LEASE AGREEMENT WITH SAVINGS BANK FOR BURROUGHS B-80 COMPUTER On a motion by Councilman Brannon, seconded by Councilman Feibusch it was unanimously carried to approve the Lease Agreement with the Savings Bank for Burroughs B-80 computer. APPROVAL OF TAXI SYSTEM MANAGEMENT AGREEMENT Subject agreement is based on the existing agreement. Amendments thereto were reviewed by the City M4nager. On a motion by Councilman Wood, seconded by Mayor Simpson it was carried by the following roll call vote to approve the taxi agree- ment as presented with the following amendments : - 1) Page 1. Term: . . . terminate August 31, 1977 . 2) Page 1. Assumption of Duties; Compensation: . . . labor cost of 95 driver hours/week, 3) Page 2. 4 (d) . . . establish an interest bearing account 4) Page 2. 4 (e) . . . quarterly reports, including complaints, AYES : Councilmen Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES : Councilman Brannon ABSENT: None DISCUSSION OF PLANNED PROGRAM BUDGETING POSTPONED On a motion by Councilman Feibusch, seconded by Councilman Brannon it was unanimously carried to hold Agenda Item 15, Planned Program Budgeting System, over until the April 20th meeting. PROPOSED CLOSURE OF HIGHLAND AVENUE On a motion by Councilman Wood, seconded by Mayor Simpson it was carried by the following roll call vote to direct the City Attorney to prepare a resolution of intention to abandon a portion of High- land Avenue for consideration at the next meeting. AYES: Councilmen Brannon, Wood, Councilwoman Snyder, Mayor Simpson NOES : Councilman Feibusch ABSENT: None REQUEST FOR STAN MCKEE, BLM TO SERVE IN ADVISORY CAPACITY TO NCPA Councilwoman Snyder, Council ' s NCPA representative, made the request. Council determined if NCPA members had no objection to subject request, Council had no objections.