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HomeMy WebLinkAboutMin 10-16-91MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - October 16, 1991 183 The City Council convened in a regular meeting at 6:33 p.m., in the Civic Center, 300 Seminary Avenue. Roll was taken and the following Councilmembers were present: McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Public Safety Director Keplinger, Assistant City Manager Horsley, Electric Utility Director Barnes, City Engineer Beard, Executive Assistant Stamelos, Community Development Director Harris, and Police Captain Budrow. INVOCATION/PLEDGE OF ALLEGIANCE Mayor Henderson delivered the Invocation and Councilmember Wattenburger led the Pledge of Allegiance. 4. Proclamations i. California Planninq Week - October 20, 1991 Mayor Henderson read and presented the Proclamation to Community Development Director Harris, to commemorate local planning efforts by the City of Ukiah. ii. Substance Awareness Week - October 20, 199~ Mayor Henderson read and presented the Proclamation to Reserve Officer Suzy Stutsman and Police Captain Budrow, to promote City concern and citizen awareness about substance abuse and associated problems. Ms. Stutsman outlined upcoming and current Ukiah Police programs planned for the week of October 20-27, 1991. APPROVAL/CORRECTION OF MINUTES 5a. Reqular Adjourned Meeting of October 1, 1991 M/S Schneiter/McMichael to approve the minutes of the regular adjourned meeting of October 1, 1991, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Shoemaker, and Schneiter. NOES: None. ABSTAIN: Councilmember Wattenburger and Mayor Henderson. 5b. Regular Meetinq of October 2, 1991 Councilmember McMichael requested the following changes to Page 2, Item 10a., 4th paragraph, 3rd line, add the word "site" after the word "particular" and omit the wording "for this site"; Page 3, Item 9a., 9th paragraph, 3rd 1 ine, omit the wording "proj ectto convene" and replace with "project to complete". Councilmember requested the City Clerk to recheck and correct if necessary, as to who made the motion and second on Page 4, Item lla., 5th Paragragh, 1st line. M/S McMichael/Shoemaker to approve the minutes of the regular meeting of October 2, 1991, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, and Schneiter. NOES: None. ABSTAIN: Mayor Henderson. 5c. Reqular Adjourned Meetinq of October 8, 199~ Mayor Henderson requested the following change to Page 1, Item 2a., 4th paragragh, 1st line, change "Gilworth" to "Hildreth". M/S Schneiter/McMichael to approve the minutes of the regular adjourned meeting of October 8, 1991, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Shoemaker, Schneiter 184 and Mayor Henderson. NOES: None. ABSTAIN: Councilmember Wattenburger. 5d. Regular Adjourned Meetinq of October 9, 1991 M/S McMichael/Shoemaker to approve the minutes of the regular adjourned meeting of October 9, 1991, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Shoemaker, and Mayor Henderson. NOES: None. ABSTAIN: Councilmembers Wattenburger and Schneiter. CONSENT CALENDAR Councilmember Shoemaker pulled Item 7c. Demolition Request from Allen Dadafarin, for structure located at 271 Observatory Avenue. It then became New Business Item llg. M/S Schneiter/Wattenburger Calendar as follows; to approve the Consent 7a. Approved the Payroll Warrants, #40696 to 40859, from September 15 - 28, 1991, in the amount of $125,578.46, and the General Warrants, #52712 to 52891, in the amount of $1,293,349.25. 7b. Denied the Claim for Damages from Charles Wm. Eagleton, and referred to the City insurance carrier, R.E.M.I.F. 7d. Accepted the resignation of Airport Commissioner Ronald L. Sturchio, and authorized the City Clerk to advertise vacancy until November 13, 1991 and requested the Mayor to send letter of appreciation. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 8. Audience Comments on Non-Aqenda Items No one came forward UNFINISHED BUSINESS 10a. Adoption of Resolution of Support for Ukiah Valley Wide Task Force Report The City Manager updated the Council as to which Agencies had endorsed the Ukiah Valley Wide Task Force Report and Recommendations. He noted the proposed Resolution of Support includes six advisory comments and clarifications expressed by Council during their Study Session of October 8, 1991. M/S Schneiter/Shoemaker to adopt Resolution No. 92-12, Supporting the Ukiah Valley-Wide Task Force Report. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. NEW BUSINESS lla. Report Reqarding PG&E Interconnection and Settlement Aqreements, i. Adoption of Resolution Approvinq and Authorizinq NCPA Settlement, ii. Adoption of Resolution Approving PG&E Interconnection Aqreement, iii. Adoption of Resolution for Distribution of Settlement - $175,649 The Electric Utility Director reported on the settlement to the various billing disputes between Northern California Power Agency and Pacific Gas and Electric Company which have been addressed through amendments to the interconnection agreement. He noted as a result of this settlement, escrowed funds collected from NCPA members, will be released which will result in a minimum rebate of Reg. Mtg. October 16, 1991 Page 2 $175,649, with a final amount to be determined by the end of this year. Thomas Green, NCPA Contract Administrator, distributed a handout to Council and reported on what the interconnection agreement does, how the settlement resolves fove major problems, transmission service provided by PG&E, how NCPA pays for PG&E transmission, transmission upgrades, transmission services and power purchases and sales. He stated the $175,649 figure is very conservative and expects a larger refund, which will be finalized by the end of the year. Discussion ensued regarding the term of this agreement extending to 1999, reduced cost of purchased power, and application of some or all of these funds to go towards conservation efforts within Ukiah. M/S Shoemaker/Schneiter to adopt Resolution No. 92-14 authorizing approval of the settlement agreement between NCPA and PG&E. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. M/S S~oemaker/Wattenburger to adopt Resolution No. 92-13 approving the PG&E interconnection agreement. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael. Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Councilmember Schneiter stated that Council could approve this proposed Resolution in the spirit and policy of ongoing Council discussions regarding the use of substantial quantities of these funds for conservation efforts. The City Manager reported on the City's current City conservation programs and noted that a future more expansive conservation plan is being developed, but there exists a current need to prepare for major electrical undergrounding and plant upgrades. M/S Schneiter/Shoemaker to adopt Resolution No. 92-15, Authorizing dispersal of Funds from the Pacific Gas and Electric Company and Northern California Power Agency Settlement Agreement. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. The City Manager commented that the $175,649 could be used for undergrounding and upgrade of electrical facilities with any additional amounts received to be used for future conservation efforts. It was the general consensus of Council to schedule an Electric Department study session, after receipt of the final settlement funds, to discuss the current undergrounding program and a future conservation plan. PUBLIC HEARING a. Appeal of Planninq Commission's denial of Use Permit Application No. 91-39, as filed by Beacon Oil (Ultramar) qasoline service station, revising a condition of approval of Use Permit No. 87-40, relative to the prohibition of on-site sale of alcoholic beveraqes at 585 East Perkins Street, zoned C-N, Neighborhood Commercial District. Mayor Henderson polled the Council as to which Councilmembers had viewed the site. Ail Councilmembers stated they had viewed the site. The Community Development Director reported on the July 24, 1991 Planning Commission meeting at which the request by Ultramar to delete a condition of the original use permit, 185 Reg. Mtg. October 16, 1991 Page 3 186 granted on February 11, 1987 (No. 87-40), for the service station/mini-mart located at 585 East Perkins Street. He noted this condition stipulated that alcoholic beverages could not be sold on-site. The City Attorney explained his memorandum dated October 9, 1991, which provided his analysis of the legal arguments pertaining to this appeal and explained his conclusion that Council should limit their consideration of Ultramar's appeal to the issue of whether Ultramar has proposed changes to the Beacon Station or presented any evidence of changed circumstances which makes the prohibition of alcoholic beverage sales unnecessary or inappropriate. He advised Council should not consider whether substantial evidence supports the Planning Commission's decision to impose the prohibition in the original use permit, as the time to challenge that decision has long run. He advised that no legislation exists that would allow the invalidation of this existing Use Permit. PUBLIC HEARING OPENED - 7:30 p.m. Ned Walsh, Mendocino County Drug and Alcohol Substance Abuse Director, stated he would like to address the issue of the sales of alcoholic beverages in gasoline service stations. The City Attorney advised Council that these issues may not be relevant or directly applicable to this hearing. The Mayor requested Mr. Walsh to allow the applicant to address this appeal first. Allan Wascon, Attorney for Ultramar, cited California Business and Professions Code 23790.5, that was enacted to address the issue of cities granting conditional Use Permits for concurrent sales of alcohol and gasoline at the same retail location. He commented Ultramar acquired this site in July 1988. This statute does not make a distinction between preexisting or newly acquired retail outlets and the standards setforth therein should apply. He stated the real issue is whether or not it is appropriate land use to sell gasoline, beer and wine at the same location. They feel it is an appropriate land use at this site. He stated they should not be denied the right to sell alcoholic beverages at this site just because it is near a freeway entrance, especially when there are other businesses located near freeways that are allowed to sell alcoholic beverages. He noted unfair competition was a significant issue. Les Martin, Manager of Marketing and Development for Ultramar, stated he would like to address Ultramar's training program and philosophy regarding sale of alcohol and tobacco, and reports and studies developed within the last three years pertaining to drinking and driving. Councilmember McMichael stated that, upon advice from the City Attorney, the Council should limit input regarding this issue and indicated he does not wish to consider these reports. It was the consensus of Council to not consider any reports regarding drinking and driving. Mr. Martin, stated that different training and store operations , and subsequent legislation directly on point, constituted changed circumstances. The City Attorney stated the standards that applied in July 1987 when the Use Permit was originally issued, are still in effect, and cannot be challenged. He advised that unless there have been changes in the use of the property, that can be proven, there exists no reason for a Use Permit amendment. He also advised that the statute referred to by the applicant, contains no wording to make it apply retroactively. Reg. Mtg. October 16, 1991 Page 4 Mayor Henderson indicated that only evidence pertaining to changes in the use of the property and its current Use Permit, would be allowed at this hearing, based upon advice from the City Attorney. Mr. Martin commented that he wishes to address the issues of Ultramar's training program, drunk driving studies, competitive advantage and they are planning a future internal remodel. Councilmember McMichael commented that the original applicant accepted the original conditions of this Use Permit and Ultramar purchased this property, knowing the conditions of use and therefore also approved them. He noted that remodeling the interior of a building does not constitute a substantial change in use, and indicated he is unwilling to hear testimony contrary to the City Attorney's advise. Mr. Martin stated he is not a proponent of drinking and driving and personally advocates the contrary. Discussion ensued between the City Attorney and Mr. Wascon regarding clarification of the City Attorney's opinion regarding the statute. Mr. Wascon, stated that he disagrees with the City Attorney's interpretation of the statute as he feels there are certain sections, that if not expressly implied, they indicate retroactive effect. The legislative history would indicate that substantial evidence, pursuant to this section of the code, might differ in terms of the type of evidence needed to uphold the decision. He feels the substantial evidence in this case was from the legislative hearings directed to mean there had to be specific evidence about that site and specific incidences involving that site, as to why it would be a poor location for concurrent sales. Substantial evidence could not be the overall general policy to curtail drinking and driving. He asked Council to review the legislation which controls and regulates concurrent sales. He feels this should be applied to this case. Norman DeVall, 5th District Supervisor for Mendocino County, stated he would like to enter into the record some local statistics. Mayor Henderson reiterated the Council's position, that upon advise of the City Attorney, they will not address any issues pertaining to anything other than changes in the use of the property in question. Ned Walsh again requested to address the Council but was advised by the Mayor that no general statements would be assessed. No others came forward. PUBLIC HEARING CLOSED - 8:04 p.m. Discussion ensued regarding neighboring service stations, Planning Commission minutes of February 11, 1987, and local authority with respect to State statutes. M/S McMichael/Shoemaker to deny the appeal of the Planning Commission's denial of Use Permit Application No. 91-39, as filed by Ultramar, based on the following findings; 1) the time to challenge the original decision has long since run, 2) the original applicant accepted the conditions of the Use Permit at the time of the decision, 3) the new owner should have been aware of the condition of the permit previous to the purchase, and in keeping the property he acknowledges the acceptance of the conditions of the permit, and 4) there has been no evidence presented to identify changed circumstance at the site or the use to necessitate a change in conditions. The motion was carried by the following call 187 Reg. Mtg. October 16, 1991 Page 5 188 vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Recess - 8:10 p.m. Reconvene - 8:16 p.m. NEW BUSINESS (cont.) llb. Authorize Ukiah Players to Make Application for Site Development Permit The Community Development Director reported that the Ukiah Players Theatre, which has a lease with the City for the property on which the theatre is located, desires to build a detached building, and noted that it is a standard requirement that applicants have property owner authorization to file a Site Development Permit application. M/S Shoemaker/Wattenburger to authorize the Ukiah Players to apply for a site development permit, for a new building at their current location on City property. The motion was carried by a unanimous voice vote of all AYE. llc. Proposed Mendocino County Abandoned Vehicle Abatement Assessment of $1.00 for Every Registered Vehicle in Mendocino County The Director of Public Safety reported that recent State legislation allows the County to charge each owner of a vehicle registered within the County, a $1.00 additional registration fee to fund a county-wide abandoned vehicle abatement plan. He noted that to implement this fee, AB4114, requires that resolutions establishing the program must be passed by the County Board of Supervisors with approval from the cities having the majority of incorporated population. He reported that the City of Ukiah conducts its own abandoned vehicle abatement program and feels Ukiah citizens may be paying double and offered five possible options to cut the cost of the program. He noted he generally supports the concept of a County abandoned vehicle abatement program. The City Manager expressed the following concerns regarding the proposed County program; 1) What assurance does the City have that the program will be effectively run, if the City does participate, 2) What will happen at the end of the five year program, 3) What are the costs of running this program, 4) If there are rebates to the cities participating, is there going to be enough net funds to keep running the program, 5) Why is the County Planning and Building department in charge of this program instead of the County Sheriff's department, and 6) Indicted he needs more information regarding the County staffing levels. Norman DeVall, Chairman of the Mendocino County Board of Supervisors, reported he is representing the Board of Supervisors to encourage the City of Ukiah to participate in this much needed program. He noted that many of the abandoned vehicles in the unincorporated areas of the County are registered to owners living in Ukiah and the problem is not just within our County, it is nationwide. He requested Council support of this County program. Ray Hall, Mendocino County Planning Director, stated that the 5000 abandoned vehicle figure is conservative and encouraged Council to support this program as the City of Ukiah is part of Mendocino County. He commented that 8% of the total abandoned vehicles the County abates are registered in the City of Ukiah. Discussion ensued regarding different individual cost of abatement of the City and the County, possible use of the County Sheriff's department for the program, registration numbers, and the proposed options of the City. Reg. Mtg. October 16, 1991 Page 6 Pete Mader, California Highway Patrol Captain, commented that the problem of abandoned vehicles is increasing and the Highway Patrol has no way of abating them once they are ticketed and left alongside the highway. He stated this program will be less expensive for the citizens and will relieve the CHP and the private tow companies. Nelson Redding, Mendocino County Second District Supervisor, noted he hears complaints regarding abandoned vehicles on private property also, and since all roads lead to Ukiah within Mendocino County this program will be a benefit to City residents. John McGowen, P.O. Box 454, stated that the grand jury addressed the problem of abandoned vehicles four years ago and discovered there was no funding for abatement procedures. He commented that he does not object to a $1.00 fee, even though the City has an effective vehicle abatement program, as the County problem is a real eyesore to everyone. He urged City approval for a one year trial basis. The City Manager stated that he would like to see the most effective program so that when State funding is pursued for this program, it can be positively supported. Discussion ensued regarding possible rebates for Ukiah citizens, one year assurances, County abatement program operating within Ukiah, with staff to negotiate before adopting the Resolution that implements the fee. Mr. Hall stated that time is of the essence for the County to secure State funding, with immediate initial approval needed from all Cities by October 15, 1991. He noted the finalization by Resolution will come back to Council at their regular meeting of November 6, 1991. M/S Shoemaker/ McMichael to adopt Resolution No. 92-16, to Establish the Mendocino County Abandoned Vehicle Abatement Service Authority, and directed staff, in the next two weeks, to cooperate with Mendocino County Staff, to develop option No. 2. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. lld. Review of LAFCO Proposed Policy for City Annexations The Community Development Director reported at the October 7, 1991 Local Agency Formation Commission (LAFCO) meeting a policy was considered regarding City annexation timeframes. He noted the new policy would require cities to make combined applications, including those which would be applied for within a two year period. He noted staff concerns regarding that this policy only addresses Cities and not special districts, applicant initiated City annexation requests not under the control of the affected City, and that the two year timeframe is a very long time for a property owner to wait for LAFCO action regarding the annexation process. Councilmember Schneiter provided Council his perspective regarding LAFCO internal concerns. He stated that any LAFCO proposed policy changes will now be coming to the Cities for approval first. Discussion ensued regarding the small Ft. Bragg annexations, the normal length of processing annexations, possible delays in annexation proceedings, applicant initiated annexation requests, City staff involvement for review of LAFCO policy, and a possible six month City review time. It was the general consensus of Council to communicate and suggest to LAFCO that the City of Ukiah staff would be happy to sit down with other City Planning/Community 189 Reg. Mtg. October 16, 1991 Page 7 190 Development Directors, to discuss and develop with LAFCO their proposed policy. ' Councilmember McMichael noted that appreciation from Council should be expressed. Councilmember Schneiter indicated he will convey the Council's philosophy regarding this matter, to LAFCO. lle. Approval of Airport Land Lease Aqreement - Johr, Jensen The City Engineer reported on the City property at the Ukiah Municipal Airport that is currently leased to a retail nursery, with the current lease expiring. He noted that the percentage of gross receipts wording was eliminated with an annual price index clause added. He reported that the Airport Commission recommended a monthly rate of $750 with a maximum annual increase not to exceed 6%. He commented that Mr. Jensen is in disagreement with the staff recommendation of $978.46 per month. The City Manager noted a letter from Dr. Robert Light, Chairman of the Airport Commission, regarding this matter. Discussion ensued regarding other Airport property rental rates and leases. Bob Wattenburger, Airport Commissioner, noted he missed the Airport Commission meeting in September, and commented that the Cagle/Kennedy Airport property lease was not considered by the Airport Commission prior to Council approval and stated he feels this particular lease is too low. John Jensen, Owner Oak Valley Nursery, expressed concern of the disparity between his lease and the Cagle/Kennedy lease, noted the $35,000 of capital improvements he has done to this property, and indicated he desires the Airport Commission recommendation of $750 per month plus the annual price index. Discussion ensued regarding commercial rental rates for 1 1/2 acres within the City. The City Manager noted the Cagle/Kennedy lease negotiations were under the direction of the prior City Manager. Mayor Henderson commented that there were probably other factors associated in the Cagle/Kennedy lease negotiations. Councilmember Shoemaker stated that any lease with the City of Ukiah should be comparable to market value with the upgrading of the lease to current market value upon the expiration of the term of the lease. Although he appreciates the Airport Commission recommendation, there exists needs for many capital improvements at the Airport. It was the general consensus of Council to postpone this matter until the Council meeting of November 6, 1991, to allow staff to do a market analysis and develop a fair price. Bob Farnbach, Airport Commissioner, commented that the Airport Commission had not seen this lease prior to it being presented to them for consideration and expressed concern regarding the timing of Dr. Rudolph Light's letter, and noted Airport fund report fluctuations. Mayor Henderson noted that Item llf. AdoDtion of Resolution ApDrovinq City Manaqement Unit M.O.U. will be considered after meeting in Closed Session. llq. Demolition Request Observatory Avenue from Allen Dadafarin, 27] Reg. Mtg. October 16, 1991 Page 8 Councilmember Shoemaker stated he pulled this matter from the Consent Calendar as he has not had time to view and research this property, and requested that this matter be postponed until the November 6, 1991 Council meeting. The Community Development Director noted the letter received today from Leslie J. Power, expressing concern that this property is a unique house worthy of possible renovation or salvaging. 1 9'1 It was the general consensus of Council to continue this matter until the November 6, 1991 Council meeting. ~ITY COUNCIL REPORTS Councilmember McMichae] Reported on the League of California Cities Annual Conference and the voting session he attended. Councilmember Wattenburger None. Councilmember Shoemaker Reported he will be attending the Board of Supervisors meeting on October 23 in which they will be addressing solid waste issues. Councilmember Schneiter Noted he will be out of town from the 23rd to the 30th, reported on the LAFCO, MCOG meetings he attended and on the Ukiah Police ride along program he participated in. Mayor Henderson Noted she will be attending the Forum at the High School on October 22, 1991, regarding Youth and Gangs. CITY MANAGER/DEPARTMENT HEAD REPORTF None. Recess to Redevelopment Agency - 10:34 p.m. Reconvened - 10:40 p.m. CLOSED SESSION The City Manager noted the need to meet and confer in Closed Session regarding pending City of Ukiah Management Unit negotiations. Council went into Closed Session at 10:43 p.m. Council came out of Closed Session at 11:28 p.m. llf. Adoption of Resolution Approvinq City Manaqement Unit M.O.U. The City Attorney noted no action was taken. ADJOURNMENT There being no further business, the meeting was adjourned at 11:29 p.m., to the regular adjourned meeting of November 5, 1991, at 7:00 a.m. in the Council Chambers for a joint meeting with the Planning Commiss~on~ ~ / ? / , I ~ ~ /;. ~ COMIN. 78 i ,~.?' /,,'f i,,;.~ k.,~/ Cathy "~a~~ City Clerk // / / ,. Reg. Mtg. October 16, 1991 Page 9