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HomeMy WebLinkAboutMin 09-20-95MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 20, 1995 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:35 p.m. Roll was taken and the following Councilmembers were present: Mastin, Malone, Shoemaker and Mayor Schneiter. Absent: Councilmember Wattenburger. Staff present: City Clerk McKay, Interim City Manager Horsley, City Attorney Rapport, Public Utility Director Barnes, City Engineer/Public Works Director Kennedy, Planning Director Sawyer, Fire Marshall Sprehn, and Assistant to the City Manager Harris. 2. Invocation/Pledge of Allegiance Councilmember Shoemaker delivered the Invocation and Mayor Schneiter led the Pledge of Allegiance. 3a. Approval/Correction of Minutes - Regular Meeting of September 6, 1995 Councilmember Shoemaker indicated he did not receive his copy of the minutes so he will refrain from the vote. Mayor Schneiter made a correction to Page 4, Item 8d., third paragraph, second line, delete "as requested" after the work Manager; and requested the correct spelling of his name on Page 1, Item 4. He stated he does not appreciate the misspelling of his name, which has occurred more than once. M/S Schneiter/Malone to approve the minutes of the regular meeting of September 6, 1995, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, and Mayor Schneiter. NOES: None. Abstain: Councilmember Shoemaker. Absent: Councilmember Wattenburger. 4. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Government Code Section 1094.6 of the California Code of Civil Procedure. CONSENT CALENDAR M/S Shoemaker/Malone to approve Consent Calendar Items 5a. through 5h., and 5j. through 5k. Councilmember Shoemaker withdrew his motion with the approval of the maker of the second, Councilmember Malone. M/S Mastin/Malone to approve the Consent Calendar as follows: 5a. Received and approved the report of August disbursements. 5b. Denied the claims for damages received from Big 5 Sporting Goods and Linda Jensen, and referred them to the City insurance carrier, REMIF. 5c. Awarded bid for one 750KVA padmount transformer to Western States Electric in the amount of $14,746.88. 5d. Awarded bid for three 1996 Ford Crown Victoria Police Vehicles to Ukiah Ford in the amount of $65,839.70 and approved budget amendment of $3,850 from account 131.240.030 (Equipment Reserve Fund) to account 698. 275. 201 (Fixed Asset Equipment, Reserve- Police) . 5e. Authorized the transfer of $174,881 from the City of Ukiah's general operating reserve held by the Northern California Power Agency and authorize the Mayor as Commissioner, to execute the letter of direction relative to the 3rd and 4th partial payments on conversion of one geothermal steam turbine to low pressure. 5f. Adopted Resolution No. 96-15 establishing Candace Horsley as the City of Ukiah's authorized representative with the State Water 303 Reg. Mtg. September 20, 1995 Page 1 3O4 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 20, 1995 Resource Control Board. 5g. Authorized the Director of Public Utilities to transfer $9,935 from the City of Ukiah's general operating reserve, held by the Northern California Power Agency, to the Plant Operations Department of Northern California Power Agency, as payment for services rendered relative to the Lake Mendocino Hydro Project, and approved the expenditure of the balance of the purchase order in the amount of $10,065. 5h. Authorized the transfer of $19,761 from the City of Ukiah's general operating reserve, held by Northern California Power Agency, and authorized the Mayor as Commissioner to execute the letter of direction relative to the Geysers Effluent Project. 5i. Authorized the Director of Public Utilities to execute a contract for appraisal services with Harding Appraisal Company Inc. for easement appraisal on Brush Street regarding Ukiah Unified School District Property. 5j. Authorize the City Clerk to secure paid advertisements for the one vacancy on the Airport Commission, due to no applications received. 5k. Awarded bid for three personal computers for the Public Utilities Department to EXPOTECH Corporation in an amount not to exceed $9,547.43. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker (with abstention exclusion) and Mayor Schneiter. NOES: None. Abstain: Councilmember Shoemaker on Item 5i. Absent: Councilmember Wattenburger. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. Mayor Schneiter noted he wished to consider agenda items out of order. UNFINISHED BUSINESS 8a. Adoption of Resolution Approving Ukiah Valley General Plan The Planning Director reported he has reviewed the general plan and developed a list of changes that were not made or made and should not have been, and requested this matter be tabled until a thorough review with corrections can be made. He noted it will then be forwarded to Council for approval. Discussion ensued regarding how the text will be reviewed and resubmitted to Council, and that the housing element portion as submitted, is in certifiable form tonight. 8b. Accept Engineering Study by Rau and Associates Relative to the Repair of the Percolation Pond Levies at the City of Ukiah Wastewater Treatment Facility and Authorize Staff to Proceed with the Issuance of Requests for Bids to Accomplish the Repair The Public Utility Director reported on the engineering study and recommendations to repair the winter damage of 1995/96 to the wastewater percolation ponds. He noted the State Water Resource Control Board indicated by letter, the City should make these repairs as soon as possible as there is a possibility that the use of these ponds could be restricted. He explained the plans and estimate for this construction repair project are attached, with an estimate of $263,012 to complete this work. Mayor Schneiter noted the Sanitation District has approved this. Reg. Mtg. September 20, 1995 Page 2 305 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 20, 1995 Discussion ensued regarding time frame and share of costs. M/S Mastin/Shoemaker to accept engineering study by Rau and Associates, relative to the repair of the percolation pond levies at the City of Ukiah Wastewater treatment facility and authorize staff to proceed with the issuance of requests for bids to accomplish the repair. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. PUBLIC HEARING - 7:00 p.m. 7a. Appeal of Planning Commission,s Denial of Site Development Permit Application No. 95-28, as Filed by Harold Titen, to Allow a Three-Unit Apartment Structure in the C-1 Zoning District, on Property Located at 959 North Oak Street, Assessor,s Parcel No. 002-114-69, C-1, Light Commercial Zoning District (Continued from August 16, 1995) Councilmember Shoemaker stated he will remove himself from this meeting due to a contract relationship with the applicant, and left the meeting at 7:03 p.m. Mayor Schneiter polled the Council as to whom have viewed the site, and all Council indicated they had viewed the project site. The Associate Planner reported on the project and the denial on July 26, 1995 by the Planning Commission. He explained the Planning Commission's discussions and determinations. Discussion ensued regarding the no parking in fire lane signage on the site, retention of three apartment occupants currently vacant, and Planning Department fees still uncollected. Public Hearing Opened - 7:08 p.m. Tom Johnson, applicant attorney, explained he would like to address concerns developed during this public hearing process, and will be available for later input. Floyd Knox, 959 N. Oak Apt. B, opposes this project due to density, safety concerns, neighboring residential property impacts, and concerns that alternate access through commercial property would be better, instead of the proposed access. A neighbor, name stated unclearly, 947 No. Oak St, opposes this project as she has a two year old and does not want cars going up and down the property. Melissa Broaddus, 959 N. Oak Apt C, objects to this project due to access which blocks access, as noted in her letter in the packet. Mike Correll, 957 N. Oak, objects to this project, due to safety problems and density concerns, noted Mr. Titen's parking is on leased land which will nullify the easement when it reverts. He feels there will be a legal problem with this. He indicated this project will lower property values, and may be in conflict with zoning densities, and feels problems are ongoing with absentee landlords. Charley Ruelle, 980 N. Oak, feels the Planning Commission findings are correct and suggested this project could be viable if entry is from State Street, which will eliminate these expressed concerns. Tom Johnson, Attorney for applicant, addressed the concerns expressed pertaining to the driveway width redesign, easements are obtainable, is within zoning and allowable use, there will be enforcement of the no parking in fire lane, safety issues have been addressed, and the new general plan allows for four residential units on this property, instead of the three proposed. He noted Reg. Mtg. September 20, 1995 Page 3 306 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 20, 1995 this project has been amended and adapted to conform with the Planning Department's requirements, and feels the project is well conceived. Mayor Schneiter questioned the size of the property in relation to the existing fences, and noted he thought he saw eight inoperative vehicles, and asked why does the applicant not access from State Street. Mr. Johnson stated these are two separate parcels with another commercial project under design for this parcel on State Street. He indicated the applicant has attempted to create a good project for this one parcel. Cheryl Baker, 750 North Pine Street, noted she knows this neighborhood well and is concerned for safety situations currently that will be aggravated if further development is allowed. She expressed concerned regarding traffic, and noted she has seen cars parked in the fire lane continuously and feels no fire truck could access this area. She explained the differences between this project and Cleveland Lane, and does not feel this project is appropriate. Mr. Johnson responded current standards are being met according to the Planning Department, nothing restricts use of easements for access, and his client will enforce inappropriate parking. Councilmember Mastin questioned staff regarding permitted use history. The Planning Associate reported a 1981 use permit for a duplex was taken but no building permit was issued, so the use permit has expired. John Chan, 2311 South Dora, adjacent property owner, indicated that policing will be difficult with current conditions, and expressed concern regarding foot traffic, noting he has had problems with damage to his property. He feels this project may reduce the foot traffic. Mr. Correll, explained visits from the Fire Marshall allowed parking as long as 20 feet wide was allowed. He explained the parking situation and past problems. Public Hearing Closed - 7:43 p.m. Council queried staff regarding if the project is denied it will revert to a legal non-conforming use of a single residence, the history of this building, and the fire lane. M/S Malone/Matin up hold the Planning Commission's denial, based on the findings that the establishment, maintenance and operation of the additional apartment units would be detrimental to the health, safety, comfort, and general welfare of persons residing or working within the neighborhood, and would be detrimental to property or improvements around the site. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, and Mayor Schneiter. NOES: None. Absent: Councilmembers Wattenburger and Shoemaker. The Fire Marshall noted it is their intention to mark and enforce the fire lane parking on this site. Councilmember Shoemaker returned to the meeting at 7:45 p.m. 7b. Appeal of Planning Commission,s Denial of Use Permit Application No. 95-27, as Filed by Timothy Kuan, to Allow the Conversion of an Existing 1,330 Square-Foot Residence in the R-3 Zoning District to an Acupuncture (Medical) Office, on Property Located at 205 West Gobbi Street, Assessor's Parcel No. 003-031-08, Reg. Mtg. September 20, 1995 Page 4 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 9_0, 1995 R-3, General Multiple Residential Zoning District The Associate Planner reported the proposed project is for a medical office in a residential zone at the corner of Gobbi and Oak Streets. He reported at the August 23, 1995 Planning Commission meeting, the Commission determined that this proposed use will be detrimental to the health, safety, comfort, and general welfare of persons residing or working within the neighborhood, and would be harmful to the general welfare of the City. He noted this general finding was based on the moire specific finding that the project would permit a commercial use in a residential setting that does note having a parking area that is adequate to provide safe or efficient ingress and egress to the site. Public Hearing Opened 7:47 p.m. Jerry Ward, Ukiah, reported on the history of this property where he lived at one time in this residence and explained the problems with the area for a residence. He noted backing out of this driveway for over eight years was not a problem for him or the neighborhood. He explained this area is more conducive to commercial offices than residences. Jerry Massini, 2101 Sierra Place, represents the seller Mrs. Ward, and stated this property's location is more commercial than residential. He addressed the previous issues, in which they will resolve, concerning handicapped access, removal of fence on Oak Street, repaving the back and removing the overhang for back parking, adding two parking places and widening the driveway for handicap access, and possible enhancement of landscaping. He explained they met the off street parking requirement and the concern for backing out on Oak street is a common occurrence in the commercial area of Ukiah and cited several other locations on heavier trafficked streets than Oak street. He stated they have two leases for parking spaces at American Savings, and could gain more if needed. He feels this project meets all conditions and codes, and indicated they are willing to work with the Planning Commission regarding site improvements. Victor Lopes, 2606 Eastside Road, noted he drove by this project as he is working on a project next to this project. He expressed concern regarding no ADA handicap ramps, noted surrounding commercial projects are for sale and could be purchased for a better designed project. He explained that backing out of a driveway with heavy pedestrian traffic, which are mainly school children, is a major factor for this property. He urged denial of this project. Donna Roberts 781 Sidnie Court, requested there should be a clear line drawn between high density residential area and commercial development, to avoid more elimination of our residential areas. She urged we quit making the same mistakes in housing conversion to commercial use. Burton Vanseft, 980 Birch Street Willits, noted in 1946 this area was a truck stop and this lot should not have been developed as a residence, as Gobbi Street is not conducive to residential living. Mr. Massini stated they have incorporated a handicapped parking space to allow handicapped access, with elimination of the sycamore tree. Mr. Lopes stated there is an eight inch difference in elevation, which will not be conducive to this project. Public Hearing Closed - 8:10 p.m. Councilmember Shoemaker stated he has viewed the site, as did other Councilmembers who previously indicated they had viewed the site. 307 Reg. Mtg. September 20, 1995 Page 5 308 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 20, 1995 Councilmember Mastin stated he is against paving over this property and would only approve one parking space, especially when there is an empty parking lot across the street. Councilmember Shoemaker stated he has no problem with mixed use and is also concerned regarding paving over with no apparent landscape plan. He agrees it is not favorable for a residence, he would like to see ADA accommodation, visual enhancement of the property, possible off site parking option, or a traffic pattern created. Mayor Schneiter stated he favors a rework of this project plan. Councilmember Malone commented as this is a use permit, he thought we favored saving a tree for a parking space and would like to save this Sycamore tree. M/S Shoemaker/Mastin to deny this appeal of Use Permit Application No. 95-27 as filed by Timothy Kuan, without prejudice. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. Recess - 8:23 p.m. Reconvened - 8:28 p.m. NEW BUSINESS 9f. Authorize Retaining Special Counsel Regarding Potential Investment Litigation Mayor Schneiter reported as per Government Code Section 54956.9(c) conference with legal counsel in Closed Session regarding anticipated litigation concerning initiation of litigation is required. Council entered Closed Session - 8:30 p.m. Council came out of Closed Session - 9:29 p.m. M/S Shoemaker/Malone to authorize the Mayor to sign the retainer agreement with Belin, Rawlings and Badal, including the fee schedule as provided in the report, provided the agreement is approved as to form, by the City Attorney. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayro Schneiter. NOES: None Absent: Councilmember Wattenburger. 9a. Appointment of Five Member Board of Appeals, Per Uniform Fire Code Section 2.303, to Hear Appeals of Fire Chief,s Determination of Non-Compliance The Fire Marshal reported he has received an appeal of a Fire Chief determination, by Lee Howard, concerning an in progress project removing an underground tank at property located at 1040 South State Street. He explained the code provisions and referred to the list of qualified persons willing to serve on this board. Motion by Shoemaker to cite and prosecute and not appoint an appeal board. The motion died for lack of a second. Discussion ensued regarding legal process, fines, and procedures to remedy this matter. Councilmember Shoemaker expressed concern for danger to children playing around an unprotected open pit at this site. M/S Schneiter/Shoemaker to appoint a five member appeal board from among individuals on list provided. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Reg. Mtg. September 20, 1995 Page 6 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 20, 1995 Shoemaker and Mayor Schneiter. NOES: None Absent: Councilmember Wattenburger. 9b. Approval of Bad Debt Write Off for 1994/95 Fiscal Year The Finance Director reported this total amount represents a .33% of the total billings of $15.5 million, generated during the past fiscal year. He noted this rate is better than the City's standard of % of 1% of billings, as an allowance for doubtful accounts. M/S Mastin/Malone to approve the bad debt write off for fiscal year 1994/95 in the amount of $50,789.27. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None Absent: Councilmember Wattenburger. 9c. Consideration of Proposals from Executive Search Firms for City Manager Recruitment The City Attorney questioned if Council desires to rush this matter and suggested discussion surrounding possible delay of the initiation of a search for a new City Manager, to provide time for adjustment and evaluation. It was the consensus of Council to delay this matter until April of 1996, and requested a letter be sent to the firms submitting proposals. Mayor Schneiter indicated he is very comfortable with how things are running currently. 9d. Set Date for Joint Meeting with Planning Commission It was the consensus of Council to set the date for a joint meeting with the Planning Commission for November 29, 1995 6 p.m. to 8 p.m. 9e. Set Date for Employee Recognition/Christmas Party and Approve Budget Augmentation The Interim City Manager reported on the proposed bi-annual Christmas recognition and awards dinner. M/S Shoemaker/Mastin to set December 8, 1995 as the date for the semi-annual employee recognition/Christmas party and approve a budget adjustment of $2,450 from the general fund reserves fund 115 to account number 100.1001.690.003. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None Absent: Councilmember Wattenburger. 9g. Adopt Resolution Allocating Funds to the Mendocino County Library and Approving Budget Amendment Mayor Schneiter reported on how the committee determined this recommendation. Councilmember Mastin questioned if there is an interest by Council to establish a formal relationship with the library, instead of this process each year. He indicated he is uncomfortable with this process, as it is neither formal, or just providing the land and building as in past years. Discussion ensued regarding long term contract relationship, past history of the library, current allocation amount reduction from last year and reasoning, and possible mid-year adjustment. M/S Shoemaker/Mastin to adopt Resolution No. 96-17 and to bring back amount as recommended and then bring back in April for reconsideration of further requests for library funding. The motion was carried by the following roll call vote: AYES: Councilmembers 309 Reg. Mtg. September 20, 1995 Page 7 310 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 20, 1995 Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None Absent: Councilmember Wattenburger. 9h. Consideration of Proposal by City of Covina Regarding Redistribution of Sales Tax It was the consensus of Council to send a letter to Covina replying that we will take this matter up at the League of California Cities Annual Conference with them. 10. CITY COUNCIL/REPORTS Councilmember Mastin - Reported on the entrepreneur of the year awards ceremony he attended and noted the first home football game at Mendocino College's new stadium is this Saturday. Councilmember Malone - Reported on the upcoming piano concert; he will be Master of Ceremonies, and referred to the handout he provided Council regarding mobile source emission standards. Councilmember Shoemaker - Reported on the League's Redwood Empire Division meeting he and Councilmember Malone attended, and the Mendocino Solid Waste Management Authority meeting activities. Mayor Schneiter - Reported he will be attending the Annual NCPA conference next week where he will step down as Chairman, and noted he has a meeting with EBA Wastetechnologies October 4th 10:00 a.m. 11. CITY MANAGER/DEPARTMENT HEAD REPORTS The Interim City Manager reported that Fire Operations Chief, Roe Sandelin, injured his back and is currently bedridden. Recessed - 10:35 p.m. Reconvened - 11:04 p.m. CLOSED SESSION 12a. As per Government Code Section 54956.9 (c) - Conference with Legal Counsel Regarding Anticipated Litigation - Initiation of Litigation (Number of Cases - 2) 12b. As per Government Code Section 54957.6 - Conference with Labor Negotiator, Candace Horsley, City Manager, Regarding City of Ukiah Management Unit Entered Closed Session at 11:04 p.m. Came out of Closed Session at 11:58 p.m. with the City Attorney, noting no action was taken. 13. ADJOURNMENT There being no further business, midnight. CCMIN209 the/meeting was ~ djourned at 0~h~ M~a~ ~MC~hE, City Clerk Reg. Mtg. September 20, 1995 Page 8