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HomeMy WebLinkAboutMin 03-15-95214 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - March 15, 1995 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:32 p.m. in the Council Chambers of the Civic Center, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Malone, Shoemaker, and Mayor Schneiter. Absent: Councilmembers Mastin and Wattenburger. Staff present: City Manager/Deputy City Clerk Rough, City Attorney Rapport, Assistant City Manager Horsley, Public Utilities Director Barnes, Airport Manager Bua, Assistant Redevelopment Director DeKnoblough, Finance Director Elton, Assistant to the City Manager Harris, Public Works Director/City Engineer Kennedy, Public Safety Director Keplinger, Associate Planner Lohse, Planning Director Sawyer, Senior Planner Stump, Code Enforcement Officer Tuliback and Recording Secretary Yoast. ' Mayor Schneiter noted an urgency item has been submitted to the Council, which is allowed by Government Code Section if this item of business arose after the preparation of the Council agenda and may be added with approval from Council. ' M/S Schneiter/Malone to add an urgency item of business to the agenda as Item 9d. Adoption of Resolution Authorizing Submittal, Execution, and Acceptance of Federal Emergency Shelter Grant. The motion was carried by an unanimous voice vote of all AYE. 2. Invocation/Pledge of Allegiance Assistant to the City Manager Harris delivered the Invocation and Mayor Schneiter led the Pledge of Allegiance. Mayor Schneiter noted to accommodate time constraints of an audience member, he will address Audience Comments at this time. He requested Ukiah Public Safety Director to introduce Willits Police Chief Bob Foster. AUDIENCE COMMENTS Chief Foster explained how law enforcement agencies of Mendocino County are extremely dependent upon one another. He commended the degree of support the Ukiah Police Department has offered to the City of Willits Police Department in the past several years, and reported on the history of incidents where Ukiah's SWAT Team has assisted Willits. He then presented a token of appreciation from the City of Willits, an inscribed clock, to the Director of Public Safety Fred Keplinger, and the Ukiah Police Departmetn. 3. Approval/Correction of Minutes 3a. Regular A4journed Meeting of February 28, 1995 M/S Malone/Shoemaker to approve the minutes of the regular adjourned meeting of February 28, 1995, as submitted, was carried by the following roll call vote. AYES: Councilmembers Malone, Shoemaker, and Chairman Schneiter. NOES: None. ABSENT: Councilmembers Mastin and Wattenburger. 4. Right to Appeal Decision Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedure regarding the appeal process. Consent Calendar M/S Shoemaker/Malone to approve Consent Calendar, as follows: 5a. Received and accepted the report of February 1995 disbursements. 5b. Rejected all bids for the Pup Six-Cubic Yard Sideloading Refuse Compaction Truck, Specification E10593. 5c. Rejected all bids for an 870 John Deer Utility Tractor or equal, Specification No. E10571. 5d. Amended capital budgetin the amount of $3,793.38, account 800- 3690-710, for additional funding and awarded bid for a 1995 Reg. Mtg. March 15, 1995 Page 1 Complete Aerial Unit with Cab and Chassis to Altec Industries in the amount of $58,793.38. ' 5e. Accepted the work as complete for Construction and Installation of Mechanical Mobile Assist Storage Shelving System at Grace Hudson Museum (Spec. No. 94-25) for a final contract cost of $17,899.62, and directed the City Clerk to file Notice of Completion with County Recorder. 5f. Approved the demolition permit application to demolish a single family residence over 50 years old located at 509 (#3) Low Gap Road (APN 001-430-17). The motion was carried by the following roll call vote: Councilmembers Malone, Shoemaker, and Mayor Schneiter. None. ABSENT: Councilmembers Mastin and Wattenburger. AYES: NOES: 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. Mayor Schneiter noted it is not yet 7:00 p.m. the time posted for the Public Hearings so Unfinished Business will be considered at this time. UNFINISHED BUSINESS Sa. Adoption of Resolution Adopting Downtown Parking Improvement Program The City Manager noted a revised Parking District Map was distributed to Council prior to the meeting. The Assistant Redevelopment Director explained this item was introduced to Council as a discussion item at the March 1, 1995 meeting. He explained the changes discussed at that meeting, which were implemented and is reintroduced to Council at this time for approval. He explained the format change and the revised Parking District Map. Discussion ensued regarding a three hour parking time limit, enforcement procedures and compliance, detection of a violation, new technology for tracking car movement, the current administrative hearings for parking ticket appeals, minimization of bad public relations, adequacy of employee parking, the need to address additional parking for the Conference Center in this plan, bicycle parking exemption, and also providing downtown shuttle service from residences. It was the consensus of Council for staff to re-address Council concerns and table this matter for now. Discussion followed relative to County paying for their employee's parking in the downtown, and what other jurisdictions are doing relative to parking. M/S Schneiter/Shoemaker to continue this item of business. The motion was carried by a unanimous voice vote of all AYE. PUBLIC HEARING - 7:00 p.m. 7a. Consideration of Resolution Adjusting Ukiah Fire Ambulance Service Rates The Fire Operation Chief reported since August, 1991, Ukiah Fire Department has operated the Ambulance Program with the same rate schedule. He reported on changes that have resulted in higher costs of operation, demands for service and future increased costs due to implementation of a paramedic program and training. He noted based on the new rates staff is proposing, increased revenues of $46,000 to $74,000 are expected, however, it will take four to six months to see an increase due to the lag time involved in billing. He referred to the report summarizing rates charged by various ambulance providers in the region and reported on operations and billing procedures. The Public Safety Director reported these adjusted fees will make 215 Reg. Mtg. March 15, 1995 Page 2 216 the bills easier to understand and rates. meet Medicare's suggested Council queried staff regarding night call charges. Public Hearing Opened - 7:46 p.m. No one came forward. Public Hearing Closed - 7:47 p.m. Mayor Schneiter asked if we respond and assist another provider do we bill? ' The Public Safety Director expalined they are not billed as they want to cooperate with other providers and be there as a service to citizens. Councilmember Shoemaker Shoemaker what are the total billings for last 12 month period? City Manager Rough noted the average total billings is $500,000 per year. Councilmember Shoemaker indicated that if the City was originally collecting 65% and their collections have now fallen to 50%,something needs to be done. He commended staff for their efforts to get collections up. M/S Shoemaker/Malone to adopt Resolution No. 95-40 adopting fees for ambulance services provided by the Ukiah Fire Department. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Shoemaker, and Chairman Schneiter. NOES: None. ABSENT: Councilmembers Mastin and Wattenburger. 7b. Consideration of Ordinance (Zoning Code Amendment 94-39) - Downtown Parking Improvement Program i. Adopt Negative Declaration No. 94-39 ii. Introduction of Ordinance Amending the Off-Street Parking and Loading Requirements Contained in Article 12, Chapter 2 of the Ukiah Zoning Code Public Hearing Opened - 7:53 p.m. No one addressed the Council. Public Hearing Closed - 7:54 p.m. M/S Malone/Shoemaker to continue this matter of business. The motion was carried by a unanimous voice vote of all AYE. 7c. Appeal of Planning Commission,s Decision to Approve Minor Subdivision Application No. 94-35 for the Division of an Existing .71 Acre Parcel into Two Parcels Instead of the Three Parcels Requested in the Application, as Filed by Russ Tow and David Ryan, on Property Located at 105 Giorno Avenue, Assessor Parcel No. 001- 160-17, in the R-1 H-Z, Single Family Residential-Hillside Lot Size Combining District i. Adopt Negative Declaration No. 94-35 ii. Council Decision on the Appeal for Minor Subdivision No. 94-35 Mayor Schneiter noted this is a quasi-judicial matter and polled the Council as to whom had viewed the project site. All Councilmembers and the Mayor stated they had visited the site. The Associate Planner reported on the history of this project which was originally heard by City Engineer on January 11, 1995, where it was approved for a 3-lot subdivision. That decision was appealed and heard by the Planning Commission on February 8, 1995, where the appeal was denied but the project was approved for a 2- lot subdivision rather than 3-lot subdivision. Mayor Schneiter queried staff regarding other lots in the area having driveway easements to rear property structures. Reg. Mtg. March 15, 1995 Page 3 Public Hearing Opened - ?:59 p.m. David Ryan, 1035 Zephyr Cove Court, appealing applicant, explained he did not understand the Planning Commission's decision to reduce the allowed parcel since the property is Zoned R-i, in an H-2, which provides for minimum 10,000 square foot parcels. He noted Commissioner Pruden explained she did not want to set up a situation where a variance would be required for the third parcel. He explained the parcel is mostly flat, and indicated he would be willing to pave two additional parking spaces to alleviate the neighbor's parking concern. Further, to address the neighbor's concern for emergency vehicle access, he has documented that the City of Ukiah Public Safety department does not have any concern with this, therefore invalidates this issue. He stated he did not ask or apply to the Planning Commission to scale down this project, and therefore the reduction to two parcels is not acceptable. Tom Thompson, 121 Giorno, noted he is the property owner just to the west of subject property and provided a quick overview. He explained the neighbors do not feel this project conforms with the character of the neighborhood. It will have a greater impact on this dead-end street, and due to its close proximity to Anton Stadium we feel there will be a problem with noise and property damage. He noted concerns for problems associated with ingress and egress for public safety vehicles, lack of water pressure to the area, impacting his property value and privacy to both front and back yards, and referred to the petition signed by approximately 40 petitioners. He indicated the Planning Commission did a good job considering this item, and is satisfied with two parcel decision. Neighbors, Planning Commission, and now City staff agrees with the two-lot configuration. Public Hearing Closed - 8:12 p.m. Council queried staff and the applicant regarding the plot plan, the possibility of needing a variance, disclosure of information relative to noise and safety relative to adjacent Anton Stadium, the negative declaration, possible variance needed, required parking in a setback area, buildability of the lots, 217 Discussion ensued as to why Planning staff originally recommended approving the 3-lot subdivision to the City Engineer, and the reasoning behind the approved two-lot configuration. M/S Shoemaker/Malone to adopt the Negative Declaration No. 94-35, deny the appeal of the Planning Commissions approval of Tentative Minor Subdivision Map No. 94-35, and approve the two-lot subdivision approved by the Planning Commission. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Shoemaker, and Chairman Schneiter. NOES: None. Absent: Councilmembers Mastin and Wattenburger. Recess: 8:37 p.m. Reconvened: 8:46 p.m. UNFINISHED BUSINESS Bb. Receive Planning Commission Applications and Set Date for Planning Commission Applicant Interviews Mayor Schneiter explained there are three applications for two vacancies and he would like to set date for Council interviews on April 5, 1995, at 4:30 p.m. It was the consensus of Council to interview Planning Commission applicants on April 5, 1995, at 4:30 p.m. Council indicated they desire to discuss possible reduction in the size of the Planning Commission in May. 8c. Consideration of Amendments to Previously Introduced Ordinance of the City Council of the City of Ukiah Adding a New Chapter 7 to Division 4 of the Ukiah City Code, Entitled: Electric Utility and New Articles 1, 2, 3, 4 and 5 to Chapter 7 Reg. Mtg. March 15, 1995 Page 4 218 The Finance Director reported Finance Department staff has again polished the previously introduced ordinance, and explained the Electric Department and Code Enforcement staff extensively reviewed this document to produce the document before the Council at this time. He explained the various changes to the ordinance. He noted the typographical errors where knowledge is misspelled, and changing "severely" to "severally." Discussion ensued regarding electric service to trailers is covered under the Mobile Home Act, meter placement, and language in the application to limit the liability to the City. M/S Shoemaker/Malone to approve the corrections noted by staff in the staff report to the previously introduced ordinance of the City Council of the City of Ukiah Adding a New ChaPter 7 to Division 4 of the Ukiah City Code, entitled: Electric Utility and New Articles 1, 2, 3, 4, and 5 to Chapter 7, by the following roll call vote: AYES: Councilmembers Malone, Shoemaker, and Chairman Schneiter. NOES: None. ABSENT: Councilmembers Mastin and Wattenburger. Sd. Adoption of Resolution Declaring 273 Clay Street a Public Nuisance and Making Findings in Support Thereof The City Attorney explained the findings submitted for Council approval. He noted the map of the site will be an attachment to the final resolution. Mayor Schneiter questioned whether he could vote on the findings if he was not present at the last meeting. Recess: 9:22 p.m. Reconvened: 9:24 p.m. The City Attorney advised, after legal research, that Council can take action by a majority of a quorum. He advised the Mayor can participate to preside over the meeting only. M/S Malone/Shoemaker to adopt Resolution No. 95-41 declaring a nuisance at 273 Clay Street, ordering abatement of same and approving findings in support thereof. AYES: Councilmembers Malone and Shoemaker. NOES: None. ABSTAIN: Mayor Schneiter. ABSENT: Councilmembers Mastin and Wattenburger. NEW BUSINESS 9a. Consideration and Approval of Business Expansion Agreement with Maverick Enterprises Councilmember Shoemaker explained he will not participate in this item of business and discussion due to possible conflict of interest as a result of a landscaping contract his business has. The Assistant Redevelopment Director reported on the history of Maverick ' s business recruitment project, and their current expansion project. Discussion ensued regarding at what point does the City cease financing a project, when a business can stand on its own. The City Attorney advised Council that Councilmember Shoemaker should return to the meeting to establish a quorum, by voting with an abstention. M/S Malone/Schneiter to approve the business expansion agreement with Maverick Enterprises and authorize the City Manager to execute agreement. The motion was carried by the following roll call vote: AYES: Councilmember Malone and Chairman Schneiter. NOES: None. ABSTAIN: Councilmember Shoemaker. ABSENT: Councilmembers Mastin and Wattenburger. 9b. Set Date and Time for A Joint Meeting with the Board of Directors of the Ukiah Valley Sanitation District to Take Necessary Action to Implement the Second Phase of Sewer Rate Adjustments It was the consensus of Council to schedule this meeting for April Reg. Mtg. March 15, 1995 Page 5 19, 1995 at 5:00 p.m., in the Civic Center Council Chambers. Councilmember Malone noted he will not be able to attend. 9c. Mendocino Solid Waste Management Authority (MSWMA) Policy Statement on Transfer Station Development Mike Sweeney, Mendocino Solid Waste Management Authority Manager explained the past history of development of a transfer station and asked staff to adopt a policy to fill up the landfill, proceed with the selection of a transfer station location, acquire it, and then move towards taking the steps for design, permitting, and EIR, to guarantee that it will be available when the Ukiah landfill closes. He noted he has brought this policy statement back for advice and approval, to be sent to the other jurisdictions. Councilmember Shoemaker explained the Mendocino Solid Waste Authority meeting discussion. Discussion ensued regarding a conceptual policy statement, how binding some of the details mentioned would be, and future use of a recycling facility to meet the mandates of AB939. Discussion further continued relative to the integrity of MWSMA when Council representatives are going back to the different entities and voting contrary to what the majority of MSWMA recommends, a fee collected from self-haulers at disposal sites, and impact to flexibility in diverting to the transfer site. M/S Schneiter/Malone to approve the Mendocino Solid Waste Management Authority (MSWMA) Policy Statement on Transfer Station Development, as submitted. The motion was carried by the following roll call vote. AYES: Councilmembers Malone, Shoemaker, and Chairman Schneiter. NOES: None. ABSENT: Councilmembers Mastin and Wattenburger. 9d. Adoption of Resolution Authorizing Submittal, Execution, and Acceptance of Federal Emergency Shelter Grant The Assistant to the City Manager explained this matter is before the Council as an urgency item, as the need to take action arose after the preparation of the agenda. M/S Shoemaker/Malone adopted Resolution No. 95-42, authorizing submittal, execution, and acceptance of Federal Emergency Shelter Grant which authorizes the City Manager to execute all certifications, apply for and accept the FESG grant, in the amount not to exceed $200,000, and to enter into a standard agreement and any amendment with the Department of Housing and Community Development of not more than $200,000 and to perform any and all responsibilities in relationship to such contract. The motion was carried by the following roll call vote. AYES: Councilmembers Malone, Shoemaker, and Chairman Schneiter. NOES: None. ABSENT: Councilmembers Mastin and Wattenburger. CITY COUNCIL/REPORTS Councilmember Malone reported he has met with City staff to discuss setting up meetings with various banks to go over their proposals. Councilmember Shoemaker noted he has received the legislative liaison packet from League and will make copies for everyone, he will ask Senator Thompson and Assemblyman Hauser to come to the April 8 Redwood Empire Division meeting, expressed concern about the City's hauler taking on parks garbage as he does not want to rates raised. Mayor Schnieter noted on March 17 he is meeting with Dwayne Hill, RCHDC, and Congressman Riggs to discuss continuing the way senior citizen housing is funded, Congressman Rigg's upcoming arrival for a town hall meeting, and reported on the Russian River Flood Control Steering Committee meeting and the need for the City to carefully study this issue, and noted he will be out next 219 Reg. Mtg. March 15, 1995 Page 6 22O Wednesday, Thursday, and Friday. 11. CITY MANAGER/DEPARTMENT HEAD REPORTS The City Manager explained the need for Council discussion to establish dates for General Plan Hearings and review process, and noted it will be on the next agenda. 12. CLOSED SESSION (None) 13. ADJOURNMENT There being no further business, the meeting was adjourned at 10:22 p.m., to a Joint City Staff/City C~citl G~al~et~in~ meeting on March 27, 1995, at 9:00 a.m. CCMIN.191 Cha~s L. Rough, ~ep~ty city Clerk Reg. Mtg. March 15, 1995 Page 7