HomeMy WebLinkAboutMin 09-18-91168
MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - September 18, 1991
The Mayor called the regular meeting of September 18, 1991
to order at 6:36 p.m.
The Mayor stated for the record that the regular adjourned
meeting of September 11, 1991, scheduled for 7:00 a.m., for
a study session of the Valley Wide Task Force Report, was
cancelled and not held.
Roll was taken and the following Councilmembers were
present: Councilmember McMichael, Shoemaker, Schneiter and
Mayor Henderson. Absent: Councilmember Wattenburger. Staff
present; City Clerk McKay, City Manager Rough, City Attorney
Rapport, Electric Utility Director Barnes, Assistant City
Manager Horsley, Public Safety Director Keplinger, Community
Development Director Harris, Planning Analyst DeKnoblough,
Finance Director Vara, Public Works Director Goforth,
Executive Assistant Stamelos, Assistant Electrical
Distribution Engineer Wobig, and City Engineer Beard.
2. INVOCATION/PLEDGE OF ALLEGIANCE
The City Clerk delivered the Invocation and Mayor Henderson
led the Pledge of Allegiance.
SPECIAL ORDER OF BUSINESS
4a. Presentation of Commendation to Past Planning
Commission Chairman Dickey
Mayor Henderson read the commendation and noted David
Dickey was not in attendance to receive it and requested
the City Clerk to forward it to him.
INTRODUCTION OF NEW EMPLOYEES
5a. Administration Receptionist/Typist Clerks
The Executive Assistant introduced Sharalynne Graham
Patricia S. Ramsey and provided a brief biography of each.
5b. Emergency Medical Personnel
and
The Public Safety Director introduced Bill Webster, Paul
Trenholm, Alex Simi, and Roger Sprehn as newly hired EMT
II's in our Fire Department and provided a brief biography
of each.
At this time, Councilmember Shoemaker read his letter
addressed to the City Manager regarding an accident he and
his family witnessed and the City Ambulance crews competent
actions and response.
6. Approval/Correction of Minutes of Regular Meeting of
September 4, 199]
Mayor Henderson made the following correction to Page 5,
Item 10c., 4th paragraph, 1st line, change the word "Shaw'
to "Chia".
M/S Schneiter/Shoemaker to approve the minutes of the
regular meeting of September 4, 1991, as corrected. The
motion was carried by the following roll call vote: AYES;
Councilmembers McMichael, Shoemaker, Schneiter and Mayor
Henderson. NOES: None. Absent: Councilmember
Wattenburger.
7. Right to Appeal
Mayor Henderson reviewed Section 1094.6 of the California
Code of Civil Procedures regarding the appeal process.
169
.CONSENT CAT,~NDAR
Councilmember Shoemaker made a correction to the agenda
title of Item 8e '
· Award of Bid for Tree Trimmin Services
in the amount of 22 er man er hour to H & M Tree
Trimmin Service, change "$22" to "$26".
Councilmember McMichael asked for clarification on Item
Sd., Page 2, paragraph 5, pertaining to the State of
California wording regarding "subject to available funds".
The City Attorney stated this is standard State of
California contract wording.
Councilmember McMichael questioned the status of the
guidelines for trimming trees.
The City Manager reported the arborist analysis for tree
trimming guidelines has been completed and is currently
being evaluated by the Community Services Department and
other affected departments.
M/S Shoemaker/Schneiter to approve the Consent Calendar as
follows:
8a. Approved the Payroll Warrants, #40348 to 40533, August
17, 1991 to August 31, 1991, in the amount of $133,132.91,
and the General Warrants, #52363 to 52505, in the amount of
$1,308,805.46.
8c. Adopted Ordinance No. 921, Amending Division 9, Chapter
2, of the Ukiah City Code - Allowed and Permitted Uses in
the C-N, Neighborhood Commercial and C-1 Light Commercial
Zoning Districts. ' '
8d. Approved Amendment No. 1 to Lease with the State of
California for the Department of Forestry Operation of an
Air Tanker Base on the Ukiah Municipal Airport, and
authorized the Mayor and City Clerk to execute Amendment No.
1 on behalf of the City.
Se. Awarded the contract for Tree Trimming Services for the
City of Ukiah, to H & M Tree Service, in the amount of $26
per man per hour.
Bf. Awarded the bid for four self-contained breathing
apparatus and mask for the Fire Department, to Vallen Safety
in the amount of $5,285 plus tax, and four Personal Alert
Safety System devices to Cascade Fire Equipment in the
amount of $456 plus tax.
The motion was carried by the following roll call vote:
AYES: Councilmember Shoemaker, Schneiter, McMichael, and
Mayor Henderson. NOES: None. Absent: Councilmember
Wattenburger.
9. Comments from the Audienco
No one came forward.
UNFINISHED BUSINESS
lla. Adoption of Resolution of Intent to Establish
Observatory Property as Historic Public Para
The City Manager reported that this resolution of intent is
to be included in the City's final application to the
Federal General Services Administration to procure the
Latitude Observatory property for use as a historic public
park. He noted that a petition in favor of the establishment
of this park has been submitted to Council which contains
123 signatures of are residents. He noted that the Mendocino
County Board of Supervisors unanimously voted to support
Reg. Mtg.
September 18, 1991
Page 2
170
this proposed Park and a letter of support has been provided
from former City Planning Commissioner Patrick Coyne.
Councilmember McMichael commented that Congressman Riggs has
previously offered his assistance and suggested that we ask
him to assist us in this matter.
M/S McMichael/Schneiter to adopt Resolution No. 92-8,
Expressing Intent to Establish Ukiah
Latitude Observatory
Property on Observatory Avenue as City Maintained Historic
Park. The motion was carried by the following roll call
vote: AYES: Councilmembers McMichael, Shoemaker, Schneiter
and Mayor Henderson. NOES: None Absent
Wattenburger. · : Councilmember
llb. Set___Date and Time for Interview f
Commissioner A licants o
It was the general consensus of Council to set the date of
October 1, 1991, at 5:30 p.m., in Conference Room 3, for
conducting interviews of Planning Commission applicants.
PUBLIC HEARING
Variance A lication No. 91-32 re irin owner occu anc on
sin le-famil lots with a roved second livin units for a
p_~cel loc____ated at 1160-1164 West Standle Street zoned
R-l-H-2 Sin le-Famil Hi------~lside District as filed b Ro er
Prax and Jud Lode
Mayor Henderson polled the Council as to whom had viewed the
site, and each Councilmember indicated that they had
viewed the site.
The Community Development Director reported on the
applicants proposed lot split of a 19,200 square foot parcel
developed by four small single family dwellings located in
an R-l-H-2 hillside zoning district. He reported the
Planning Commission at their meeting of August 14, 1991,
approved a variance from the minimum lot size of the R-l-H-2
zone from 10,000 square feet to 9,200 square feet for the
proposed parcel No. 2, and approved a reduction of the
percentage of property to be retained in a natural state for
proposed Parcel No. 1. He reported the Planning Commission
denied, due to lack of findings, a variance from the
requirement of owner occupancy on second unit lots in the
R-1 zone, as per Section 9024(h).
Discussion ensued regarding previous existing legal
nonconforming use requirements and conditions running with
title.
The City Attorney advised Council pertaining to legal
nonconforming conforming use and property ownership.
Public Hearing Open - 7:11 p.m.
Roger Prax, 909 Pine Ridge Road, stated he has owned this
~roperty since January 1989, and has made steady
Improvements to this property. He commented he is unable to
live on this property due to the restrictions of small
square footage and livestock that he owns. He stated he is
trying to split this property legally and has approved plans
for sewer extension and indicated he has no problem with
that condition, but objects to how the sewer charges are
established.
No others came forward.
Public Hearing Closed - 7:28 p.m.
Reg. Mtg.
September 18, 1991
Page 3
Councilmember Schneiter
findings, questioned possible proper
The City Attorney offered advise on legal findings and
conditions if this variance is approved.
Discussion ensued regarding possibly conditioning the
variance pertaining to future use expansion and notifying
future owners of the owner occupancy requirement when a
second unit exists.
The Community Development Director stated for the record
that parcels on Jones Street were originally zoned R-2 and
now are zoned R-i, referring to Mr. Prax reference to
existing nonconforming uses.
M/S Schneiter/McMichael to grant the appeal of the Planning
Commission,s denial of portion of Variance Application No.
91-32, for the requirement of owner occupancy for second
living units located at 1160-1164 West Standley Street, as
requested by Roger Prax and Judy Lodge, based on the
following findings; 1) The use of the property is not being
changed with this project. Granting of the variance will not
alter the building potential or change the physical
arrangement of the property; 2) The applicant has not lived
on the property during the time of his ownership; 3)
Approval of the variance will not be detrimental to the
health, safety, or welfare of persons residing in the area;
4) It is a lawful, preexisting nonconforming use; 5) Section
9209 of Ukiah City Code, applies to any future structural
alterations or major changes to the property.
Councilmember Shoemaker questioned Section 9209 wording
pertaining to rebuilding due to destruction by natural
disaster.
The City Attorney read Section 9209 and advised that these
parcels would still be nonconforming.
Mayor Henderson called for the vote.
The motion was carried by the following roll call vote:
AYES: Councilmember McMichael, Schneiter and Mayor
Henderson. NOES: Councilmember Shoemaker.
Councilmember Wattenburger. Absent:
Recess - 7:45 p.m. Reconvened - 7:55 p.m.
Mana er to Execute Contract
The Fire Operations Commander and Public Safety Director
reported on the proposed negotiated contract for ambulance
billings services and additional comparisons pertaining to
the different proposals received and how they would affect
the ambulance operations.
The City Attorney requested a beginning payment date change
in the proposed contract to commence on October 15, 1991,
instead of the November 15, 1991 date in the draft agreement.
M/S Shoemaker/McMichael to approve the proposed contract
with Melinda Toney, for ambulance billing services and
authorized the City Manager to execute the contract on
behalf of the City, with the amendment from "November 15,
1991,, to "October 15, 1991',, listed in Paragraph 4 on Page
2. The Motion was carried by the following roll call vote:
AYES: Councilmembers McMichael, Shoemaker, Schneiter and
Mayor Henderson. NOES: None Absent:
Wattenburger. ' Councilmember
171
Reg. Mtg.
September 18, 1991
Page 4
172
NEW BUSINESS
12a. Consideration
of Mendocino Transit Authority
Relocation of Transfer Sites
The City Manager noted the letter from Dr. Rudolph Light to
MTA Director Bruce Richards has been provided to Council for
information.
Discussion ensued regarding the Ukiah Transfer Point Study
prepared by Dave Hardy, Supervisor of Planning for Mendocino
Transit Authority.
David Hardy, Supervisor of Planning for Mendocino Transit
Authority, stated he is available to answer any questions
Council may have.
It was the general consensus of Council to recommend that
the Railroad station site be the future permanent
transportation hub in the downtown area with the Standley
Street site as the temporary facility until the railroad
project can be pulled together, and approves the proposed
Crossroads/Raleys Center site.
CITY COUNCIL REPORTS
Councilmember McMichae]
Reported on his meeting today with the Sun House Guild Board
of Directors and the possibility of additional Grace Hudson
Carpenter originals being donated to the Museum. He also
reported the need for additional space to house the
donations was discussed, as well as the need for our City
Attorney to advise the City further on this generous
donation.
Councilmember Shoemaker
Reported on the Chamber of Commerce Board meeting and
Mendocino Solid Waste Authority meetings he attended.
Councilmember Schneiter
Reported he will be attending the NCPA meeting next week,
and that there was no September meetings for LAFCO or MCOG.
Mayor Henderson
Reported on the Sanitation District meeting she attended.
14. City Manaqer/Department Head Reports
The City Manager reported on the special event honoring
original founders of the Sun House Guild on October 6, 1991,
11:00 a.m. to 3:00 p.m., updated the Council on the Growth
Management Steering Committee, and discussed the need for
Council to reset the time and date for the Valley Wide Task
Force Study Session.
Closed Session
The City Attorney reported that a Closed Session is
necessary as per the Threatened Litigation exception to the
Brown Act, Government Code Section 54956.9, Subsection Bi.
M/S McMichael/Schneiter to go into Closed Session as per the
City Attorney's recommendation. The motion was carried by a
unanimous voice vote of all AYE.
Recess to Redevelopment - 8:40 p.m.
Reconvened - 9:03 p.m.
Reg. Mtg.
September 18, 1991
Page 5
173
Council went into Closed Session at 9:04 p.m.
Council came out of Closed Session at 10:27 p.m.
M/S Schneiter/Shoemaker for the Mayor to send a letter to
the Russian River Flood Control District indicating the
City's general satisfaction with the progress made thus far
with the proposed Agreement for the Sale of Surplus Water
Between the Sonoma County Water agency and the Mendocino
County Russian River Flood Control and Water Conservation
.Improvement District; however, to express our concerns with
Section 12 of the draft agreement, and to suggest as a
reasonable compromise that any such agreement provide for
the District and Agency to share any increases in proportion
to their respective investments in the Coyote Valley Dam
Project. The motion was carried by a unanimous voice vote of
all AYE.
ADJOURNMENT
There being no further business, the meeting was adjourned
at 10:30 p.m., to October 1, 1991, at 5:30 p.m., in
Conference Room 3, of the Civic C~n~er, 300 Seminary Avenue,
for interviews of Planning CommissiOner applicants.
CCMIN.73
~ath~Kay' ~y Clerk/
Reg. Mtg.
September 18, 1991