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HomeMy WebLinkAboutMin 07-06-94101 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - July 6, 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, Shoemaker and Mayor Schneiter. Absent: Councilmember Wattenburger. Staff present: City Clerk McKay, City Manager Rough, Redevelopment/Economic Development Coordinator DeKnoblough, City Engineer/Public Works Director Kennedy, Deputy Fire Chief Sandelin, Public Utility Director Barnes, and Assistant to the City Manager Harris. 2. Invocation/Pledqe of Alleqiance Mayor Schneiter delivered the Invocation and Councilmember Shoemaker led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES 3a. Reqular Adjourned Meetinq of June 15, 1994 M/S Malone/Mastin to approve the minutes of the regular adjourned meeting concerning the Youth Service Ukiah Program, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmembers Wattenburger. 3b. Reqular Adjourned Meetinq of June 15, 1994 M/S Malone/Mastin to approve the minutes of the regular adjourned meeting concerning Planning Commission applicant interviews, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmembers Wattenburger. 3c. Reqular Meetinq of June 15, 1994 M/S Malone/Mastin to approve the minutes of the regular meeting of June 15, 1994, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmembers Wattenburger. Riqht to Appeal Decision Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR Councilmember Shoemaker pulled Item 5d. d. Set Date of July 20, 1994 for Public Hearinq for the Abandonment of Public Utility Easement Within Former Lots B3, B4, B5 and B6 of the Redwood Business Park of Ukiah Subdivision Unit I from the Consent Calendar. It then become New Business Item 9e. M/S Mastin/Malone to approve the Consent Calendar as follows; 5a. Denied the claim for damage received from Lena B. Boully, and refer them to the City's insurance carrier. 5b. Awarded bid for one (1) three reel stringing trailer to Sauber Mfg. Co. in the amount of $34,092.00 and sales tax in the amount of $2,471.67 to be paid direct to the State of California. 5c. Adopted Ordinance No. 950 amending Division 9, Chapter 2, of the Ukiah City Zoning Code allowed and permitted uses in the C-N, Neighborhood Commercial Zoning District. 102 5e. Awarded the bid for (5) 25KVA, (2) 75KVA and (2) 300KVA transformers to Western States Electric, Inc., for $3,689.40, $10,542.68 and $19,476.60, respectively. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 6. Audience Comments on Non-Aqenda Items No one came forward. PETITIONS AND COMMUNICATIONS Sa. Receive Petition Requestinq Rejection of Alcohol Ban in City Parks and Refer to Staff The City Manager reported that this item of business will be analyzed by staff and brought back to Council for the July 20, 1994 meeting. Councilmember Shoemaker noted there is limited time in which the Council may put this issue on the November ballot, and requested staff to report on the legal timeframes for a City sponsored ballot measure. It was the consensus of Council to receive and file this petition. NEW BUSINESS 9b. Introduction of Ordinance Amendinq Ukiah Code Sections 5221-5224 Pertaininq to Fuel Storaqe Tanks Amendinq Uniforv Fire Code Fire Captain Sprehn reported this proposed amendment to the Ukiah City Code allows for the storage of Class I and II flammable and combustible liquids in aboveground tanks. He reported new tank technology, environmental hazards associated with underground tanks and a new fueling facility at the Ukiah Municipal Airport creates the need for this amendment. Council queried staff regarding the propane dealership on Beacon lane located near a residential area, Fire department review procedures of potential hazards, and other bulk plants located in the City limits. M/S Malone/Shoemaker to read the title only of the proposed Ordinance for the first reading. The motion was carried by a unanimous voice vote of all AYE. The City Clerk read the title only. M/S Malone/Schneiter to introduce the Ordinance amending Sections 5221-5224 of the Ukiah City Code, regulating above-ground storage tanks for Class I and II flammable liquids. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 9a. Adoption of Resolution Revisinq Golf Course Fees to Include a Reduction in the Twiliqht Rate for Junior Player~ The Assistant City Manager reported this recommendation from the Golf Course Committee approves a reduction in golf rates starting at 2:00 p.m. in the early afternoon and twilight evening hours, for $4.00 for none holes and $6.00 for 18 holes. M/S Shoemaker/Mastin to adopt Resolution No. 95-1, adjusting fees for the Ukiah Municipal Golf Course. The motion was carried by the following roll call vote: AYES: Reg. Mtg. July 6, 1994 Page 2 103 Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 9c. Set Date for biannual Employee and Retiree Picnic Hosted by Council It was the consensus of Council to set the date for the biannual employees and retirees picnic at Todd Grove Park for August 14, 1994. PUBLIC HEARING 7a. Introduction of an Ordinance to approve a Planned Development, Application No. 94-15) at 950 Marlene Street, Assessor's Parcel Number 003-100-019 The Planing Director reported the Planning Commission reviewed and approved by a 6-0 vote to allow the development of two multiple family townhouse structures with 8 units on the project site with conditions listed on attachment "A". Council queried staff regarding other recent developments in the area and lack of a landscaping plan in the packet. PUBLIC HEARING OPENED - 7:08 p.m. Bill Townsend, 24 Lorraine Street, stated his concerns about this development next to his property regarding the restriction of sunlight to his large garden he has had since 1950's and wants the development to be built on the south side leaving the north side open so his garden's sunlight will not be blocked; lack of privacy due to windows overlooking his property; the 4" drainage pipe is not large enough to handle rain run off and will cause water to back up into his yard; the negative declaration is inadequate because it did not address the sunlight and privacy impacts; he is concerned about traffic in and out of this dead end street and the problems should a fire occur; he stated the park play area is not enough for all of these children in this high density area and therefore lessens the desirability to rent which in turn will create reduced low rent and slum conditions; he presented an illegal knife he found on his property to demonstrate the need for a block fence to eliminate intrusion on his property through the rotten wood fence. Les Ryan, 3340 Zaina Lane, stated they have tried to address these concerns by creating an indented building design; a fence with heavier wood posts with wood siding panels; and noted he has paid a park development fee but the City has not yet built it; the fire department has approved this planned development; the drainage issue has been addressed adequately; and the one 30 foot section of Mr. Townsends garden that will be blocked from sunlight is 1/100th of his total garden space. He noted that they have had 4 1/2 months to work out all of Mr. Townsend's concerns. Councilmember Mastin questioned the light and glare from second story windows. Mr. Ryan stated he has no problem installing non-glare glass if desired. Council queried Mr. Ryan regarding landscaping maintenance and architecture elevations. Mr. Townsend asked what legal rights does he have. Mayor Schneiter read the right to appeal decision disclosure to Mr. Townsend. Mr. Townsend stated his privacy is being invaded and does the City Council have the right to take that from him. He indicated he does not wish to take legal action is he could get this project redesigned. He expressed it is his wish to Reg. Mtg. July 6, 1994 Page 3 104 keep his property open to sunlight, and requested Council to consider his request. No others came forward. PUBLIC HEARING CLOSED - 7:35 p.m. Council queried staff regarding the traffic volumes, street drainage designs, the zoning of Mr. Townsends property, and the completion date of the proposed park. The City Manager reported the park is being designed by a neighborhood committee and will be competed by the time the area is fully developed. Mayor Schneiter stated we should complete this park as soon as possible. Council queried staff regarding the shading factors in the summer and winter, solar easement, elevations, and roof lines. M/S Shoemaker/Schneiter to approve the Planned Development application No. 94-15. Councilmember Shoemaker amended his motion with approval from the second, Mayor Schneiter. M/S Shoemaker/Schneiter to adopt the negative declaration prepared for this project and introduce the ordinance by title only for the first reading. Councilmember Shoemaker stated that instead of changing the wording in the conditions, he would like staff, when they are reviewing the landscaping plan, to consider trees which are the same stature as the building instead of little trees. The motion on the floor was carried by a voice vote of all AYE with one NOE vote by Councilmember Mastin. The City Clerk read the title only. M/S Shoemaker/Schneiter to introduce the Ordinance approving the Planned Development at 950 Marlene Street. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Shoemaker and Mayor Schneiter. NOES: Councilmember Mastin. Absent: Councilmember Wattenburger. Recess - 7:57 p.m. Reconvened - 8:06 p.m. 9d. Adoption of Resolutions Establishinq a Prima Facia Speed Limit of 15 MPH for South Barnes Between Clay Street and Betty Street The City Engineer/Public Works Director reported on the request from residents on South Barnes Street between Clay and Betty for signage warning of children at play and a posted speed limit of 15 MPH as it is a one way narrow street. M/S Shoemaker/Malone to adopt Resolution No. 95-2 designating the requirement to stop on South Barnes at Betty Street and adopted Resolution No. 95-3, establishing a prima facia speed limit of 15 MPH on South Barnes Street between Clay and Betty Streets. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. Recessed to Redevelopment Agency Meeting - 8:10 p.m. Reconvened - 8:31 p.m. Councilmember Wattenburger arrived at the meeting at this time. Reg. Mtg. July 6, 1994 Page 4 105 9f. Adoption of Resolution Authorizinq and Application for Fundinq for the Economic Development Allocation of the State CDBG Proqram and Identifyinq the Responsible Party for Grant Administration The Redevelopment/Economic Coordinator reported this proposed Resolution is necessary for the City application for CDBG revolving loan funds. He reported the Redevelopment Agency will return a Memorandum of Understanding providing grant administration to e the responsibility of the Agency. He noted no match or administrative costs will be incurred by the City. M/S Shoemaker/Malone to adopt Resolution no 95-4 authorizing an application for funding from the Economic Development Allocation of the State CDBG Program and Identifying the responsible party for Grant Administration. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 9e. Set Date of July 20, 1994 for a Public Hearinq for the AbandoDment of Public Utility Easements within Former Lots B3, B4, B5, and B6 of the Redwood Business Park of Ukiah Subdivision Unit I The City Engineer reported after conducting a public hearing, on January 12, 1994 the City Engineer approved the proposed lot line adjustment Application No. 93-39 for the adjustment of nine lot lines for nine existing parcels located within and south of the Redwood Business Park of Ukiah, Unit 1. He explained the reconfiguration establishes larger lots and it is staff' opinion that portions of the interior public utility easements are no longer needed. He explained a public hearing is required in order to to take public testimony on the proposed abandonment. Councilmember Shoemaker expressed astonishment that this reconfiguration of the lots in the Business Park could take place without the Council knowing about it. Discussion ensued regarding the legal process and the past history of these lot line adjustments and possible City action. Mayor Schneiter expressed his concern about having gone through so much process as to the development of this business park, this reconfiguration of the lots to much larger parcels changes the scope and concept of this development without Council knowledge. Councilmember Shoemaker stated that the developer assured the City that these parcels would be small lots and now has changes them to 15 acres without Council review. Discussion ensued regarding past staff advisories. M/S Schneiter/Malone to set a public hearing date of July 20, 1994, for the abandonment of Public Utility Easements within former lots B#, B4, B5, and B6 of the Redwood Business Park of Ukiah Subdivision Unit 1. 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 None. Councilmember Malone None. Reg. Mtg. July 6, 1994 Page 5 106 Councilmember Wattenburqer Apologized for his tardiness, but he had to respond to brush fire. Councilmember Shoemaker Reported on the MSWMA meeting he attended and requested the matter concerning Council support for a proposal for Option 9 funding be considered at the next Council meeting. Mayor Schneiter Reminded Council of the concert in the park on July 10, and noted he will be attending upcoming NCPA meetings, and noted he has received correspondence from the League of California Cities urging Cities to join the National league, and noted Council should consider this in the near future. City Manaqer/Department Head Reports None. ADJOURNMENT There being no further at 9:25 p.m. CCMIN.171 business, .~.{he/meeting ~a~ adjourned Cathy ~cKa~ CRC/~, City Clerk / Reg. Mtg. July 6, 1994 Page 6