HomeMy WebLinkAboutMin 07-20-94MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - July 20, 1994
The City Council convened in a regular meeting, of which the
agenda was legally noticed and posted, at 6:30 p.m., in the
Council Chamber of the Civic Center, 300 Seminary Avenue. Roll
was taken and the following Councilmembers were present: Mastin,
Malone, Wattenburger, Shoemaker and Mayor Schneiter. Staff
present: City Clerk McKay, City Manager Rough, City Attorney
Rapport, City Engineer/Public Works Director Kennedy, Associate
Planner Lohse, Assistant Redevelopment Director DeKnoblough,
Senior Planner Stump, Planning Director Sawyer, Assistant to
the City Manager Harris, Finance Director Burt, and Public
Utility Director Barnes.
2. INVOCATION/PLEDGE OF ALLEGIANCE
Vice-Mayor Shoemaker delivered two quotes pertaining to the
freedom of speech and Councilmmber Malone led the Pledge of
Allegiance.
SPECIAL ORDER OF BUSINESS
3a. Recoqnition of Detective John McCutcheon for California
Directors Award for Outstandinq Service to Children
Police Captain Budrow read the letter of nomination received
from Ramona Ansolabehere, Mendocino County District
Attorney's Victim Witness Program. This nomination resulted in
the award of the State of California Department of Social
Services, Office of Child Abuse Prevention, Director's Award.
The audience gave Detective John McCutcheon a standing ovation
in addition to personal congratulations received from
Councilmembers.
3b. Presentation by Dan Taylor Reqardinq Mendocino County
Museum's New Publication "Downtown Ukiah: A Fresh Air Walkinq
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Tour and Historical Sketch of Local Structures, Sites and Facts
of Historical Interest
Mr. Taylor introduced the authors and researchers Judy Pruden,
Ed Bowels and June McCloud, who created this historical
pictorial and publication of past Ukiah. He noted the funding
was provided by the estate of Evelyn Redemyer
Jim Phelps, Executive Direcotr of the Greater Ukiah Chamber
of Commerce, stated the Chamber receives over 10 to 20 requests
from tourists each week for walking tour information on Ukiah.
He explained the primary interests of tourists are for beautiful
landscape and cultural learning of the area. He noted Ukiah
has both and acknowledged the importance of this new publication
for distribution by the Chamber.
Judy Pruden explained their thousands of hours of research
resulting in this publication is their gift to the community as
a legacy to honor the future with the past. She noted the
publication will be available for purchase at a special price at
the new Mendocino Bounty located in the new Ukiah Valley
Conference Center for a one month period.
Supervisor McMichael stated this document links the past to
the future with a strong sense of community. He indicated that
history is documented by architecture and is pleased to see this
publication.
Council expressed their compliments for this historical document
and commended the efforts of its authors.
Approval/Correction of Minutes
4a. Reqular Adjourned Meetinqs of June 20-22, 1994
M/S Malone/Mastin to approve the minutes of the regular
adjourned meeting of June 20-22, 1994, as submitted. The motion
was carried by the following roll call vote: AYES:
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M/S Malone/Mastin to approve the minutes of the regular
adjourned meeting of June 20-22, 1994, as submitted. The motion
was carried by the following roll call vote: AYES:
Councilmembers Mastin, Malone, Wattenburger, Shoemaker and
Mayor Schneiter. NOES: None. Absent: None.
4b. Reqular Meetinq of July 6, 1994
M/S Malone/Mastin to approve the minutes of the regular
meeting of July 6, 1994, as submitted. The motion was carried by
the following roll call vote: AYES: Councilmembers Mastin,
Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES:
None. Absent: None.
Riqht to Appeal Decision
Mayor Schneiter reviewed Section 1094.6 of the California Code
of Civil Procedures regarding the appeal process.
CONSENT CALENDAR
Regarding Item 6d., Councilmember Shoemaker questioned the
differential in what the Ukiah Daily Journal charges the
County versus the City.
The City Clerk answered the Journal explained the higher volumes
by the County resulted in 60¢ less per column inch. It was noted
the City did request equality in the request for proposal for
legal publishing services for the fiscal year of 1994/95.
M/S Shoemaker/Wattenburger to approve the Consent Calendar as
follows;
6a. Received and accepted the reports of disbursements made
during June 1994.
6b. Denied the claim for damages received from John and
Doretta Lampi, and referred it to the City ' s insurance
carrier.
6c. Adopted Ordinance No. 951 amending sections 5221-5224 of the
Ukiah City Code regulating above-ground storage tanks for
Class I and IIflammable liquids.
6d. Awarded the contract for legal publishing services for
fiscal year 1994/95 to Ukiah Daily Journal in the amount of
$3.70 per column inch for the first publication and $2.35 per
column inch for each additional publication.
6e. Approved the cancellation of August 17, 1994 regular City
Council meeting.
6f. Approved the demolition permit to demolish a 720 Sq. ft.
rear portion of the structure located at 340 North Main Street.
The motion on the floor was carried by the following roll call
vote: AYES: Councilmembers Mastin, Malone, Wattenburger,
Shoemaker and Mayor Schneiter. NOES: None. Absent: None.
UNFINISHED BUSINESS
9a. Adoption of Ordinance Approvinq the Planned Development at
950 Marlene Street
The Planning Director reported this Ordinance was introduced at
the regular meeting of July 6, 1994 by a 3-1 vote, and is
presented for Council's final adoption.
Bill Townsend, 24 Lorraine Street, restated his concerns
regarding this projects' impact on his property concerning loss
of sunlight to his garden, relocate solar lights, requested the
relocation and redesign of this building, and invasion of his
privacy from the second story windows.
Reg. Mtg.
July 20, 1994
Page 2
Council queried staff concerning the zoning and density of this
development and Mr. Townsend's property.
M/S Schneiter/Malone to adopt Ordinance No. 952, approving
the planned development at 950 Marlene Street. The motion was
carried by the following roll call vote: AYES: Councilmembers
Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES:
Councilmember Mastin. Absent: None.
PUBLIC HEARING
Sa. Adoption of Resolution Abandoninq Public Utility Easements
Within Former Lots B3, B4, B5, and B6 of the Redwood Business
Park of Ukiah Subdivison Unit I
The City Engineer/Public Works Director reviewed the previous
staff report regarding the adjustment of lot lines in this
development which created the need for the abandonment of
previously recorded public utility easements.
Public Hearing Opened - 7:05 p..m
Gary Akerstrom, Redwood Business Park owner, explained the
reasoning behind the need for lot reconfigurations in the past
year. He stated the Redwood Business Park has not changed
direction from what they were doing.
Public Hearing Closed - 7:16 p.m.
Discussion ensued regarding the legal process for public utility
easements and the need for them, and the approved lot line
configurations.
The City Attorney explained that the lot line adjustment
approved by the City Engineer was legally appropriate, and that
the City had no choice but to approve the applications for this
lot line adjustment.
M/S Wattenburger/Mastin to adopt Resolution No. 95-5,
abandoning certain public utility easements within the Redwood
Business Park of Ukiah Subdivision Unit I. The motion was
carried by the following roll call vote: AYES: Councilmembers
Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter.
NOES: None. Absent: None.
8b. Introduction of Ordinance Addinq Section 9185 to the
Ukiah City Code "Area Provided for Collectinq and Loadinq of
Recyclable Materials" which Requires Adequate Area for
Collectinq and Loadinq Recyclable Materials in all New
Commercial Industrial, and Residential Development Projects
(Other than Sinqle Family and Duplexes) and Certain Remodels.
The Planning Director reported this matter was previously
considered by Council on September 1, 1993, and referred back to
the Planning Commission for further work. He reported the
proposed Ordinance was amended and approved by the Planning
Commission at their meeting of December 8, 1993. He explained
this proposed ordinance complies with the California Integrated
Waste Management Board requirement that local jurisdictions
develop an ordinance that requires equal space for recycling
materials in refuse collection areas of new development or
remodel projects increasing the floor area by 30%.
Public Hearing Opened - 7:28 p.m.
No one came forward.
Public Hearing Closed - 7:29 p.m.
M/S Malone/Wattenburger to read the title only for the first
reading of the proposed Ordinance. The motion was carried by a
unanimous voice vote of All AYE.
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Reg. Mtg.
July 20, 1994
Page 3
110
The City Clerk read the title of the Ordinance.
M/S Wattenburger/Malone to introduce the Ordinance amending
Division 9, Chapter 2, of the Ukiah City Zoning Code - Adding
Section 9185 - Area for Recycling Facilities. The motion was
carried by the following roll call vote: AYES: Councilmembers
Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter.
NOES: None. Absent: None.
8c. Adoption of Resolution Adjustinq Landfill Tippinq Fees and
Charqes, Establishinq A Weiqht Measurement for Determininq Fee~
and Charqes For Commercial Haulers and Chanqes in Hours of
Operation at the Ukiah Municipal Solid Waste Sit~
The City Manager requested this matter of business be continued
to the regular meeting of August 3, 1994 Council meeting to
further public input. '
It was the consensus of Council to continue this public hearing
to the August 3 Council meeting.
UNFINISHED BUSINESS (Continued~
9b. Presentation by Consultant and Public Review and Comment of
3.'Study of Homelessness in the Ukiah Area" a Community Block
Grant Product
Sharon Kiichli conducted an extensive presentation regarding
her proposed study of homelessness which provided data
concerning a descriptions, types, characteristics, subgroups of
populations, service needs and availability, housing needs and
its availability and affordability, with conclusion and
recommendations.
Council discussion ensued regarding $30 per night voucher
housing conditions and the created industry with problems, the
voucher grant funds have been eliminated, lack of alcohol
rehabilitation programs, the problems created by the Highway 101
corridor from the Bay Area, and made a few general comments to
correct the study's format.
Mark Rohloff, 2207 Road H, Redwood Valley, Ford Street Project
Director, stated this report is the first of its kind and
indicated this document will be tremendously useful to his
agency and many others which serve the homeless community. He
reported they are committed to establishing the Inebriation
Reception Center as long as there will be funding available.
Martin Bradley, 620 Malage Drive, indicated the 622 households
per night of homelessness in the Ukiah area is accurate. He
explained more volunteers are needed at the Food Bank and
Plowshares, United Way funding has been cut $1500 and there is a
real need for weekends meals.
Council expressed their appreciation for such a comprehensive
document.
The City Manager explained the final version will be provided to
Council for final approval at the next meeting.
Recess - 8:38 p.m.
Reconvened - 8:44 p.m.
NEW BUSINESS
10a. Consideration of Membership in National Leaque of Citie~
M/S Malone/Wattenburger to authorize the budget adjustment
of $894 for membership in the national League of California
Cities. The motion was carried by the following roll call vote:
AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker
and Mayor Schneiter. NOES: None. Absent: None.
Reg. Mtg.
July 20, 1994
Page 4
10b. Consideration of Proposal from Martin Milech for Option
9 Funding Requesting City Endorsement
Councilmember Shoemaker reported on this proposal
discussions at the Mendocino Solid Waste Management Agency.
and
Councilmember Mastin expressed concern regarding future
requests for Council support of other proposals.
Councilmember Shoemaker requested Council's support of this
one proposal and submitted wording for a resolution of support
for Council approval.
M/S Schneiter/Malone to support the proposal submitted by M
& M Feed and Supply, and approve Councilmember Shoemaker's
proposed Resolution in concept, and directed the City Clerk to
construct the Resolution for Mayor Schneiter signature. The
motion was carried by the following roll call vote: AYES:
Councilmembers Mastin, Malone, Wattenburger, Shoemaker and
Mayor Schneiter. NOES: None. Absent: None.
CITY COUNCIL REPORTS
Councilmember Mastin
Reported on the Mendocino Economic Development Steering
Committee meeting he attended.
Councilmember Malone
Reported on the Chamber's financial success from the fourth of
July fireworks show, and reminded Council of the opening of the
Frolic exhibit at the Sun House Museum this Saturday.
Councilmember Wattenburqer
None.
Councilmember Shoemaker
Reported on the Mendocino Solid Waste Management Authority
meeting he attended today.
111
Mayor Schneiter
Reported on the Bay Area Standards hearings in which he
testified on behalf of the Northern California Power Association.
12. CITY MANAGER/DEPARTMENT HEAD REPORTS
Provided Council with an update regarding tomorrow nights
Ukiah Valley Conference Center opening program.
13. CLOSED SESSION
The City Attorney reported the need to conduct a Closed Session
has arisen since the preparation of this meetings agenda and
advised Council of the action required to do so.
M/S Schneiter/Wattenburger to enter Closed Session as per
Brown Act Regulations G.C. Section 54956.9 - Conference with
Legal Counsel Regarding Existing Litigation on the basis there
is a need to discuss the pending litigation of Leonard Winter
Sr., et al, vs. City of Ukiah, et al, and related
cross-action; Mendocino County Superior Court Case Nos. 65575
and 65248 consolidated. The motion was carried by a unanimous
voice vote of all AYE.
Council entered Closed Session - 9:48 p.m.
Council came out of Closed Session - 10:24 p.m.
Reg. Mtg.
July 20, 1994
Page 5
112
The City Attorney noted there was no action taken in Closed
Session.
ADJOURNMENT
There being no further business, ~he meeting was adjourned at
/ ~ ., ~
CCMIN.172 ( ~
Ca~y-,~y'~MC/AA~,.. City Clerk
Reg. Mtg.
July 20, 1994
Page 6