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HomeMy WebLinkAboutmin 1976-12-01 206, MINUTE::' OF THE MEETINJ' OF THE CI`T'Y COUNCIL OF THE CITY OF UKIAH December 1 19Z6 - Na_e 1 The City Council convened in regular session at 8 :02 p.m. with Councilmen Feibusch, Brannon, Simpson and Mayor Wood present. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman Simpson gave the invocation and Councilman Feibusch led in the Pledge of Allegiance . PAYROLL WARRANTS On a motion by Councilman Feibusch, seconded by Councilman Simpson, it was carried by the following roll call vote to approve Payroll Warrants in the total amount of $71, 359.65• AYES : Councilmen Feibusch, Brannon, Simpson and, Mayor Wood NOES : None ABSENT: None GENERAL WARRANTS Councilman Brannon made a motion, seconded by Councilman Simpson to cancel General Warrant No. 4612; pay General Warrant No. 4.741 in the amount of $8, 000; and pay General Warrants Nos : 4742 to 4834 inclusive in the total amount of $759409.35• Councilman Feibusch asked for clarification on the following : 1) What would happen if the majority of councilmen rejected the warrants . The City Attorney replied that they would not be paid. 2 ) Referred to Warrant ; 4758 in the amount of $64. 00. City Manager explained that the expenditure is for the 15 day rental for storage of the recently purchased taxi- cabs . 3) Warrant ;#4829 in. the amount of $60.73. City Manager explained that he had dire c te-d the Finance Director to attend a meeting to study the financial implications of installing solar heating. The following roll call vote approved the General Warrants : AYES: Councilmen Feibusch, Brannon, Simpson and Mayor Wood. NOES : None ABSENT: None APPROVAL OF MINUTES On a motion by Councilman Feibusch, seconded by Councilman Simpson, it was unanimously carried the Minutes of the regular meeting of November 3, 1976 be approved as submitted by the Clerk. CONSENT CALENDAR On a motion by Councilman Feibusch, seconded by Councilman Brannon, it was unanimously carried that the following items be approved and adopted: 1) Resolution No. 77-56, Resolution of the City Council Of The City Of Ukiah Declaring Its Intention To Abandon A Public Utility Easement (Oak Manor Subdivision, Unit No. 2F); 2) Resolution No. ?7-57, Resolution Of The City Council Of The City Of Ukiah Authorizing And Directing The Mayor And Clerk to Execute Training Agreements Between The Police Department Of The City Of Ukiah And The State Of California Department of California Highway Patrol; 3) Claim for Damages as filed by Mary Nix be denied and referred to the City's insurance. carrier; and 4) The award of bid for Concrete Improvements on East Perkins Street and Orchard Avenue be awarded to Cloverdale Ready Mix. Tabulation of bids is attached. 207 MINUTES OF THE MEETING OI' THE CITY COUNCIL OF THE CITY OF UKIAH DECI,MBER 1, 1976 - PAGE 1a CITY OF UKIAH AID TABRIT.ATTON „_.. FOR CONSTRUCTION OF CONCRETE IMPROVEMEN'T'S ON EAST PERKINS STREET AND ORCHARD AVENUE November 30, 1976 Item Engineer's Estimate Denny & Gianoli, Inc. No. Ouantity Description Unit Price Amount Unit Price Amount 1 683 L.F. Curb & Gutter $4.50 $3,073.50 $4.25 $2,902.75 2 93 L.F. Curb* Returns 5.00 465.00 4.50 418.50 3 3,342. S.F. Sidewalks 0.90 3;007.80 1.25 4,177.50 4 817 S.F. Driveways & 0.95 776.15 2.00 19634.00 Depressed Sidewalks 5 180 L.F. Walls 3.00 540.00 3.75 675.00 TOTAL: .$7s862.45 $9,807.75 Item No. Quantity Description Nie-Con Structures Wagner Construction Cloverdale Ready Mix Unit Price Amount Unit Price Amount Unit Price Amount 1 683 L.F. Curb & Gutter :$6,85 $4,678.55 $4.25 $2,902.75 ;$3.72 $2,540.76 2 93 L.F. Curb' Returns 11.40 19060.20 8.50 790.50 4.04 375.72 3 3,342 S.F. Sidewalks 1.22 • 4,077.24 1.09 3,642.78 0.88 * 2,940.96 4 817 S.F. Driveways & 1.55 Depressed Sidewalks 1'266.35 I.56 1,274.52 0.93 759.81 5 180 L.F. Walls 3.95 711-00 4.00 720.00 4.75 TOTAL: _ 855.00 $11,794.34 $9,330.55 - - $7,472.25 - a 20SMINUTE3 OF THE VFE`1'ING OI* THE CITY COUNCIL OF THE CITY OF UKIAH December -1-1 1976_--6 - Paye 2 FINAL ENVIROT,11111ENTAL IMPACT REPORT DOOLIN PARK ES(;TATES SUBDIVISION At its public meeting of November 10, 1976, the Planning Commission reviewed and considered the Draft Environmental Impact Report for Doolin Park Estates . With the inclusion of further information relative to downstream flooding potential and an archaeological survey of the project area, the Planning; Commission found the document to be adequate and complete and recommended to the City Council adoption of the Final E. I.R. A motion was made by Councilman Simpson, seconded by Councilman Brannon, to approve the Final E. I.R. with the three conditions recommended by the Planning Commission, Mr. Gary Akerstrom developer of the project, was present to answer questions of the Council. Councilman Feibusch referred to the statements in the E. I.R. that the project would increase existing runoff by 17%, and some building pads will require grading and fill operations . Mr. Akerstrom stated that the 17% refers to flow off of the property, not the creek itself and that the entire site will be compacted to at least 90%. The Motion was amended omitting the three conditions of the Planning Commission until consideration of the Tentative Map, and unanimously carried. RESOLUTION NO. 77-55 APPROVING TENTATIVE MAP - DOOLIN . PARK ESTATES SUBDIVISION At its meeting of November 10, 1976, the Planning Commission considered the proposed 10.4 acre subdivision, Doolin Park Estates . The Planning Commission approved Scheme B which includes access onto Wabash, 32 lots for single-family residen- tial units, a 35 foot drainage easement along Doolin Creek and payment of in-lieu fees equivalent to .576 acres of park land. A Motion was made by Councilman Simpson, and seconded by Councilman Brannon to adopt Resolution No. ?7-55, "Resolution Of The City Council Of The City Of Ukiah Approving Tentative Map (Doolin Park Estates )" . Councilman Feibusch suggested that Council should give a lot of thought to the drainage easement. _ He recommended that since it is a piece of undeveloped land, it is an excellent opportunity to form a Flood Control District or Drainage Control District so that property owners involved are responsible and have the means to improve the drainage channel so that the City will not have to come in later and continuously maintain the channel. City Attorney advised that a District could be easily put together. It would require the public hearing procedure . Councilman. Brannon noted that the lot owner whose property runs to the center of the creek or across the creek would be responsible for the creek in his immediate area. Public Works Director stated that he believed that the dedication already exists in that channel on 35 feet. Mr. Akerstrom added that the drainage problem comes from the county area up Doolin Canyon. It is a problem of gravel being transported down it and deposited in the creek area. He added that the property owner will essen- tially own to the centerline of the creek. Creating a special flood control district for this ten acres would be creating a "monster" he stated. Councilman Feibusch responded that he did not feel* it was just that the taxpayers all over the City should have to pay for maintenance of the creek, and that the people in the area should pay for the drainage easement. Councilman Simpson raised the question that if this subdivision is used as� an example to create flood control district, would it have to be done to present and future subdivisions? Councilman Feibusch suggested that a flood control district could merge with the city-wide flood control district. Mayor 209 MINUTE" OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH December 1 19Z6.- Pa e Wood suggested that a flat assessment fee could be charged for every building permit. 14r. Akerstrom stated that the property owners will maintain the sides of the creek. Councilman Feibusch, noting that at the Planning- Commission meeting of November 10, 1976, persons who are effected downstream expressed their concern, and asked what protection they would have if problems of erosion were created. City Attorney stated that if development isdone properly, engineering, etc . , the chance of finding liability on the developer would be slim. Public Works Director Kruth advised that about two years ago, the City,with assistance from storm drainage repair work, put a drain in which takes water off the hill and diverts it into the creek. A further improvement is experienced in this area as the drain to Ukiah Village will become unnecessary. The lots in Doolin Park will complete the draining of this area to Doolin Creek, City Manager expressed concern relative to the maintenance of the landscaping in the islands within the cul-de-sac, Councilman Simpson questioned the condition recommended by the Planning Commission that a recognized archaeologist review the site for impacts relative to historical significance . Planning Director Harris stated that this condition is in response to a recommendation from the State Department of Research suggesting review by an archaeologist to be certain that no archaeological findings are found on the site . A Motion was made by Councilman Feibusch to form an improvement district and tax the property owners -for maintenance of the channel. The motion died due to lack of a second. A Motion was made by Councilman Feibusch to operate a flood control district. The motion died due to lack of a second. The motion to adopt Resolution No. 77-55 was carried by the following roll call vote : AYES : Councilmen Brannon, Simpson and Mayor Wood NOES : Councilman Feibusch ABSENT: None VARIANCE .APPLICATION NO-. 77-17 LONG'S_ DRUG STORE City Manager advised that the Planning Commission held a public hearing to consider a variance to allow a 120 square foot sign to be located on the sloping roof of the Long's Drug Store building. It was the Planning Commission's recommendation that the variance not be granted as it does not meet conditions necessary for granting a variance of this type . It is the Staff's opinion that granting of the variance would be in violation of the premises of the sign ordinance and in viola- tion of the Scenic Highway Element of the General Plan. A Motion was made by Councilman Feibusch, seconded by Councilman Brannon, to grant Variance Application No. ?7-17 to Long' s Drug Store . A five-minute recess was called. Upon resumption of the meeting, the following persons spoke in favor of granting the variance and made the following points : Matt Figata Patrick Welch, Real. Estate Division, Art Herman, Architect Long's Drug Stores Hugh Codding, Developer Phil Von Pinnon, Projects Manager 210_ MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF -UKIAH December 1 12Z6 - Pa e 4 1) This sign is very essential to the operation of the Long' s Store . 2) The sign is not a highway sign, but is an integral part of the building. 3) The brackets are up for mounting and the electric power is ready. 4) The signs were accepted with Long' s commitments for drainage , parking, etc. 5) The Sign Ordinance does make provision for the particular circumstances, as it contains language giving authority to the City Council to approve the requested sign, Article 7, page 9. 6) The sign is in keeping with the spirit, of protecting the investment in the shopping center, as it is an attraction to non-residents traveling on Highway 101 who stop to visit or trade . 7) The proposed sign is not illuminated, does not flash, nor is it brightly illuminated. 8) The City will profit, as a percent of, sales tax is remuner- ated to the City. 9) The parcel fronts on both Orchard Avenue and Highway 1.01, thus allowing for a certain number of square feet of signing on 101 as well as Orchard Avenue . It was explained .that according to the Director of Planning, that portion where the public enters from the public right-of- way onto the parcel is described as the parcel frontage . Two signs oriented toward .the freeway were included on eleva- tions presented to the Planning Commission on November 17, 1974 when discussing the Architectural Review for Orchard Plaza Shopping Center; however, these Architectural Review eleva- tions are conceptual, and since that -conceptual approval, there were no detailed sign plans presented to the Plannin&r Commission or Planning -Staff for new consideration or approval.V Mr. Bob Sandelin spoke in opposition to the application. He stated that he foresees the Ukiah Valley being developed to the extent that it loses its natural beauty gradually, and grant- ing of this variance would be setting a dangerous precedent for other requests for signing along the freeway. Planning Director Harris advised that a sign identifying the Center may be appropriate depending upon the size , Mayor Wood explained that. the granting of the variance , which would overturn the Planning Commission's decision, would be a permanent variance . Councilman Feibusch agreed that approval would be precedent setting and others would follow. In reply to a question of Councilman Simpson regarding the* legal definition of the frontage of a building, City Attorney Hays stated the frontage is where the normal access is to the structure . Orchard Avenue is the frontage in this case, not the freeway, Councilman Simpson asked if it would be possible to have a properly worded sign on the freeway advising that the services are available similar to the "Gas, Food, Lodging" signs in existence . Planning Director Harris replied that Staff is working on this possibility. There are available approvals by the State for types of signs indicating that urban services are available . Councilman Brannon added that the City does have the ordinance and program and basic design that it wants to accomplish, and we should maintain -certain discipline . The motion to approve Variance Application No. 77-17 to _ Long's Drug Store was denied by the following roll call vote : AYES : None NOES : Councilmen Feibusch, Brannon, Simpson and Mayor Wood ABSENT: None 211 MINUT'E'S OF T}ir MEETING' OF Tom' CITY COUNCIL OF THE CITY OF UKIAH December 1,__1976 - 11ame 5 WRITTEN COMI4UNICATION CHILD DEVELOPMENT CENTER A communication was read from Dan Hamburg, Director, relative to problems the Child Development Center is encountering with Local Capital bJorks funding. The Center is requesting approval to notify Felciano & Jeffries, Architects, to cancel the con- tract and substitute the James Dodd Company. In order to be eligible, the new application would have to be received no later than December 9, 1976. A Motion was made by Councilman Brannon, seconded by Councilman Simpson, to consider the request by the Child Development Center Mr. Hamburg explained that the lowest estimate from Felciano & Jeffries was $600, 000, while the James Dodd Company furnished another plan and an estimate of $4.31, 000 for a comparable facility. The James Dodd Company will provide services necessary to make a new application for $105 . 00. A Motion was made by Councilman Simpson, seconded by Councilman Brannon, and unanimously carried that the City Manager, on behalf of the City of Ukiah, disassociate the Felciano-Jeffries contract, sign a contract with the James Dodd Company and revise the- CCD proposal for the Child Development Center. ADOPTION OF ORDINANCE NO. 690 NO SMOKING - CITY HALL On a Motion by Councilman Feibusch, seconded by Councilman Simpson, it was unanimously carried to adopt Ordinance No. 690 by title only and that further reading be waived. On a Motion by Councilman Feibusch, seconded by Councilman Simpson, it was carried by the following roll call vote to adopt Ordinance No. 690, "An Ordinance Of The City Council Of The City Of Ukiah Amending Chapter 6 Of The Ukiah City Code (No Smoking - City Hall)11, AYES: Councilman Feibusch, Brannon, Simpson and Mayor Wood, NOES: None ABSENT: None SOCIAL ELEMENT - PAGES 41-50 On a Motion by Mayor Wood, seconded by Councilman Simpson, it was unanimously carried to approve Pages 4.1 and 42 of the Social Element in concept as presented. On a Motion by Mayor Wood, seconded by Councilman Feibusch, it was carried unanimously to approve Page 4.3 in principle after adding the word "encourage" to the Plans of Action: The City will "encourage ", and amend No. 3 to read: distribute "periodically" and delete the word "all". On a Motion by Councilman Simpson, seconded by Councilman Brannon, it was uninimously carried to approve Pages 4.4-4.9 in concept as previously amended. COUNCILMAN BRANNON asked if the balance of{ the CETA employees had been properly terminated. City Manager answered in the affir- mative and advised that no protests have been filed by any of the CETA employees. Councilman Brannon asked if the City had a program whereby Christmas trees are checked in the home for safety. City Manager indicated that it has. COUNCILMAN SIMPSON requested some documentation to determine the housing needs in the City of Ukiah. Staff will secure the information. 212 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH number 1. 976 COUNCILMAN FE IBUSCH requested that the City Manager encourage ce by the news media at the Council meetings. He made note of the hundreds of dollars the City spends on legal advertising. Councilman Feibusch also question how the news media are able to report on a meeting when they were not in attendance , POLICE PROTECTION Mr. Tom Kurt, from the audience , requested an explanation as to why the police protection in the City is so inadequate , He noted that at times, there is one patrol car on duty for a population of 10, 000. City Manager responded that five vacancies presently exist on the police force and the City cannot augment the force until the next basic training academy is completed. City ;r"la.nager acknowledged that this is still inadequate for a City of this size , but additional funds are not available to hire additional policemen at the present time . ADJOURNMENT Mayor Wood adjourned the meeting at 10 :20 p.m. after which Council reconvened to Personnel Session. The next meeting will be- a Standards and Policy joint meeting with the Planning Commission to commence at 7 : 00 p.m. on December 15, 1976 in the City Council Chambers. Ma r j r i ATTEST: Deputy City Clerk