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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 107 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: 108 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. 109 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