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HomeMy WebLinkAboutMin 07-07-9345O MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - July 7, 1993 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:31 p.m., in the Council Chambers 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, City Attorney Rapport, Community Development Director Harris, Electric Utility Director Barnes, Public Works Director Goforth, Finance Director Burt, City Engineer Beard, Golf/Parks Superintendent Carpenter, Fire Marshal Sandelin, and Assistant City Manager Horsley. INVOCATION/PLEDGE OF ALLEGIANCE Mayor Schneiter delivered the Invocation and Vice-Mayor Shoemaker led the Pledge of Allegiance. SPECIAL ORDER OF BUSINESS 4a. Oral Presentation by White Wolf James Regarding Mendocino Multi-Cultural Development Program Mr. White Wolf James distributed a letter, newsletter brochure, news release, and information regarding the program to Council and provided a verbal report regarding goals accomplished, future cultural events, and budget constraints. APPROVAL/CORRECTION OF MINUTES 5a. Special Meeting of June 10, 1993 M/S Shoemaker/Malone to approve the minutes of the special meeting of June 10, 1993, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. Noes: None. Absent: Councilmember Wattenburger. 5b. Regular Meeting of June 16, 1993 M/S Malone/Mastin to approve the minutes of the regular meeting of June 16, 1993, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin and Malone. NOES: None. ABSTAIN: Councilmember Shoemaker and Mayor Schneiter. Absent: Councilmember Wattenburger. 6. Right to Appeal Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR M/S Shoemaker/Malone to approve the Consent Calendar as follows: 7a. Denied the claims for damages received form Duane Mayhan Insurance Company and Mairlyn Bell, and referred them to the City's insurance carrier, R.E.M.I.F. 7b. Rejected all bids received for Asphalt Concrete Overlay of Path System at Ukiah Municipal Golf Course, Specification No. 93-09, and directed staff to revise bids and details of the project. 7c. Accepted letter of resignation received from Airport Commissioner John Johnson and authorized the Mayor to send letter of appreciation. 451 7d. Adopted Resolution No. 94-1, approving City Attorney 1993 - 1994 contract, increasing monthly retainer, hourly rate for time in excess of 30 hours per month, and hourly litigation rate. 7e. Received status report regarding City surplus item sale conducted on June 4, 1993. 7f. Approved cancellation of regular City Council meeting of July 21, 1993. 7g. Authorized staff to notify MTA that Jim Mastin will continue to serve on the MTA Board of Directors on behalf of the City of Ukiah. 7h. Approved the first addendum dispatch agreement between the City of Ft. Bragg and the City of Ukiah, from July 1, 1993 to June 30, 1994, and authorized the Mayor to execute the agreement. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. ABSENT: Councilmember Wattenburger. 8. Audience Comments on Non-Aqenda Items Bill Smith, 275 Mendocino Place, submitted a copy of a letter signed by hillside residents to Council expressing concern for the disrepair of a water tank and pump, and need for fire clearances and breaks. The City Manager explained current staff plans for fire attack plan development, hillside resident notification and training, and analysis of the water tank condition and pump capacities. Councilmember Shoemaker noted the potential of a western hills fire is a real threat and requested staff to maintain efforts addressing it as a first priority. EMERGENCY ITEM OF BUSINESS The City Manager requested Council to consider adding an emergency item of Council business to this meeting's agenda, as requested by the County of Mendocino which was received after the preparation of the Council agenda. M/S Malone/Shoemaker to consider the request for Council action received after the Council agenda was prepared, and place on the agenda as; New Business Item llb. Request by County of Mendocino for Resolution Authorizing Auditor-Controller to Allocate Tax Revenue to the City Using the Alternative Property Tax Distribution Method (Teeter Plan) 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 9a. Appeal of Planninq Commission Revocation of Use Permit Application No. 90-20, as Filed by S. Mauer, for a Single Family Dwelling Located at 528 S. School St., zoned C-i, Light Commercial District. Mayor Schneiter polled the Council as to which Councilmembers had observed the site. Ail Councilmembers present indicated they had visited 528 South School Street. The Community Development Director reported on May 26, 1993, the Planning Commission considered and approved the revocation of Use Permit No. 90-20, which allows single family residential use in the C-1 zone at 528 South School Street. That decision has been appealed to the City Council by the property owner, Sidney Mauer. Background information Reg. Mtg. July 7, 1993 Page 2 452 was provided for Council regarding the history of this property and neighborhood complaints. Discussion and questions from Council ensued regarding original conditions of Use permit No. 90-20, compliance with conditions, and the legal process. PUBLIC HEARING OPENED - 7:18 p.m. Sidney Mauer, applicant, 10401 West Road, Redwood Valley, read a letter from Bill Waring, property manager of 528 South School Street. The letter indicated the tenants have been evicted and the property is vacant, he never received any complaints from the neighbors, the tenants complied with his few requests to maintain the outside of the residence and always paid their rent on time. He feels the misbehavior of tenants is not a legal basis for revoking a Use Permit. He stated since the Planning Commission revoked the Use Permit this property cannot be rented; and therefore, inflicts damage to the landlord. Dr. Mauer indicated that he has had difficulty in talking to City staff regarding conditions that could be met in order to comply with the Planning Commission's desires. He also noted the minutes of the Planning Commission meeting were not readily available. He verified there are no tenants at this time. Discussion and questioning ensued regarding the original two conditions of the Use Permit, how and when they were met, and the history of rental dates and uses. Bruce Crook Jr., 650 N. Bush Street, stated he manages the property next door and offered to answer any of Council's questions. Discussion and questions ensued regarding how Mr. Crook's property tenants issued their complaints and whether a tall hedge would be satisfactory to shield the adjacent properties from each other. Mr. Crook answered in the affirmative. Mr. Crook stated his business staff, spouses and customers have been threatened and harassed by the tenants living at 528 South School Street, resulting in calls to the Police. He indicated this problem has existed since 1988, and feels this property does not lend itself well to residential use. Tim Beaversdorf, 921 Marlene Street, partner with Bruce Crook in the business located at 532 S. School Street, stated there has been problems with this residence for the past five years due to lack of concern from the landlords. He noted the living conditions at this property are substandard and do not benefit the current downtown revitalization efforts. He feels this property should be reconditioned and upgraded before a Use Permit is reissued. As requested by Council, City staff distributed a Police Log of calls received from 1987 to 1993, responding to 528 South School Street. Mayor Schneiter requested this Police Log be entered as evidence presented at this hearing for the public record. PUBLIC HEARING CLOSED - 7:42 p.m. Discussion ensued regarding the building's size, staff contacts with the applicant since the Planning Commission meeting, allowed uses for C-1 zoning, neighboring property current and past uses, landlord's potential risk with bad tenants, and possible further conditions for this property with a Use Permit. Councilmember Shoemaker suggested possible conditions for a residential Use Permit, such as no fence, planting a tall hedge between 532 and 528 S. School St., implementing a Reg. Mtg. July 7, 1993 Page 3 453 landscaping plan, automatic irrigation be weed free, building a fence to conform to City specifications, extending the parking pad to the back of the lot, and creating an exterior which would look like a residence. Discussion ensued regarding revocation without prejudice, stipulations, possible conditions, timeframes for conditions to be met, landlord responsibility, tenant responsibility, and Planning Commission's management plan lack of clarity and specifics. M/S Malone/Schneiter to uphold the Planning Commission's revocation of Use Permit No. 90-20 without prejudice, with the findings that residential use is detrimental to the health, safety, morals, comfort or general welfare of persons residing or working in the neighborhood, based on the documented Police calls to that address. The City Attorney advised Council that past conditions change with tenants, necessitating additional findings. Council and the City Attorney alternatives for future use. discussed possible Councilmember Malone stated there exists evidence in the record that there have been an increasing number of Police calls to this site, even with different tenants. Discussion ensued regarding findings for future use. It was the consensus of Council to allow Councilmember Shoemaker to question Dr. Mauer. Councilmember Shoemaker asked Dr. Mauer if he would agree with the City to specific conditions and improvements, in writing, for allowed future residential use. Dr. Mauer stated the problem has been vagueness and he would welcome written specifics and agreed to discuss the matter with City staff. Councilmember Malone withdrew his motion on the floor. M/S Shoemaker/Malone to continue this Public Hearing to August 4, 1993. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. ABSENT: Councilmember Wattenburger. Recess - 8:32 p.m. Reconvened - 8:43 p.m. UNFINISHED BUSINESS 10a. Nomination and Appointment of Commissioners i. Airport Commission - Three Vacancies with Applicants Robert Wattenburqer, Dorleen McBride, Mark Davis, Vince ..A..nqell, Jimmy Rickel 11. Parks and Recreation Commission - Three Vacancies Applicants Allan Johnson, Bill Clarke iii. Adoption of Resolution Appointing Commissioners and Parks and Recreation Commissioners Airport iv. Set Date and Time for Planninq Commission Applicant. Interviews for One Vacancy Mayor Schneiter nominated Robert Wattenburger and Dorleen McBride to the Airport Commission. The nomination was seconded by Councilmember Shoemaker. The nominations were confirmed by a unanimous voice vote of all AYE. Mayor Schneiter nominated Mark Davis to the Airport Commission The nomination was seconded by Councilmember Shoemaker ind confirmed by a unanimous voice vote of all AYE. Mayor Schneiter nominated Allen Johnson and William (Bill) Clarke to the Parks and Recreation Commission. The Reg. Mtg. July 7, 1993 Page 4 454 nomination was seconded by Councilmember Shoemaker and confirmed by a unanimous voice vote of all AYE. It was the consensus of Council to readvertise the one remaining vacancy on the Parks and Recreation Commission. M/S Shoemaker/Mastin to adopt Resolution No. 94-2, re-appointing Robert Wattenburger to the Airport Commission filling the term of John Johnson to June 1995; re-appointing Airport Commissioner Dorleen McBride to a term ending June 1996; appointing Mark Davis to the Airport Commission to a term ending June 1996; re-appointing Allen Johnson to the Parks and Recreation Commission to a term ending June 1996; and appointing William Clarke to the Parks and Recreation Commission to a term ending June 1996. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. ABSENT: Councilmember Wattenburger. It was the consensus of Council to conduct Planning Commission interviews on August 4, 1993, commencing at 4:30 p.m. in Conference Room 3 of the Civic Center. NEW BUSINESS lla. Consideration of Citizen Planning Process Review Committee Recommendations Regardinq Modifications to the Development Process The Community Development Director reported as part of the City's Economic Development Program, the City Manager identified a need to improve the City's planning and development review process. This task was accomplished by a group of individuals forming a Committee, who have had experience with the planning process. Committee members Don Albright, Bob Burke, Ed Busch, Jack Cox, Doug Crane, George Rau and Glenys Simmons formulated their recommendations in the areas of zoning code amendments, development fees, building and fire codes, and departmental processes and application forms. He explained after Council review and comment, these recommendations will be forwarded to staff and the Planning Commission for their recommendations prior to finalization by Council. It was the consensus of Council to receive and file this report. Bob Reid, 1141 West Standley Street, Planning Commissioner, expressed his concern that these recommendations are not received from a good cross section of citizens and these recommendations have major impacts on zoning, hillside and fire codes which may not be appropriate at this time of updating the General Plan by the Growth Management Steering Committee. The City Manager commented these recommendations only affect the Community Development Department and any code recommendations will be forwarded to the Growth Management Steering Committee as part of the update process. He stated that Planning Commission Chairman Burke was involved in the development of these recommendations. llb. Request by County of Mendocino for Resolution Authorizinq Auditor-Controller to Allocate Tax Revenue to the City Usinq the Alternative Property Tax Distribution Method (Teeter Plan) The Finance Director reported this request received from Mendocino County for adoption of this Resolution by all agencies within the County, includes with the County "Teeter Plan" which changes their accounting and tax allocation method allowed by the State. She explained this will result in increased tax revenue to the City and a more accurate estimation of yearly property tax revenue. She summarized this new method of accounting is a change from cash basis to Reg. Mtg. July 7, 1993 Page 5