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HomeMy WebLinkAboutMin 07-17-91149 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - July 17, 1991 The City Council convened in a regular meeting at 6:30 p.m., in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah , California. Roll was taken and the following Councilmembers were present: McMichael, Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. Absent: None. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Electric Utility Director Roper, Planning Assistant Yarbrough, Community Development Director Harris, Community Service Supervisor Heise, Fire Marshall Sandelin, Assistant City Manager Horsley, Assistant Electrical Distribution Engineer Wowing, Electrical Supervisor Bartlomei, Executive Assistant Stamelos and Museum Director Abel-Vidor. INVOCATION/PLEDGE OF ALLEGIANCE Mayor Henderson delivered the Invocation and Councilmember McMichael led the Pledge of Allegiance. SPECIAL ORDER OF BUSINESS 4a. Commendation to Maurice Roper, Retirinq Electric Utility Director Mayor Henderson read and presented a Commendation to Electric Utility Director Roper, in appreciation of his fine service and dedication to the City of Ukiah for his 37 years of employment with the City. Electric Utility Director Roper accepted the commendation and referred to some of the past 37 year history of the City. The audience stood and applauded Maurice Roper. 4b. Commendation to Lions Club Reqarding Air Show The City Engineer introduced Hal Phillips, Bob Schultz, Art Stafford and Bob Eishman, Lions Club members responsible for arranging the 1991 Annual Ukiah Air Show, a commendation was presented by Mayor Henderson. 4c. Presentation of Golden Seal Award from California Army National Guard Lt. Dave King and Sergeant Michael Crone, of the Army National Guard, presented the Council, Community Services Director and the City Manager, with Golden Seal Awards for allowing a leave of absence for Park Maintenance Attendant Pat Snyder, so that he may temporarily serve as a Army National Guard Reserve in the Persian Gulf. 5. Introduction of New Employee, Gary Miller, Electric Department Groundman The Electric Utility Director introduced Gary Miller, the new Electric Department Groundman. APPROVAL/CORRECTION OF MINUTES 6a. Reqular Adjourned Meetinq of June 12, 1991 M/S Schneiter/Wattenburger to approve the minutes of the regular adjourned meeting of June 12, 1991, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 150 6b. Reqular Meetinq of June 19, 1991 Councilmember Shoemaker made the following correction to Page 2, Item lla., 2nd paragraph, 1st line, change "Schneiter" to "Shoemaker". Mayor Henderson made the following correction to Page 5, 4th paragraph, 2nd line, change "Mr. "to "Dr.". M/S McMichael/Shoemaker to approve the minutes of the regular meeting of June 19, 1991, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 7. Riqht to Appeal Mayor Henderson reviewed the Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. 8. Consent Calendar M/S Schneiter/McMichael to approve the Consent Calendar as follows; 8ai. Approved the Payroll Warrants from June 9 - 22, 1991, #39357 to 39539, in the amount of $119,832.07, and the General Warrants, #51444 to 51575, in the amount of $246,358.40. 8aii. Approved the Payroll Warrants from June 23, 1991 to July 6, 1991, #39540 to 39751, in the amount of $147,803.37, and the General Warrants, #51603 to 51784, in the amount of $1,249,543.13. 8b. Denied the claim for damage of Brigitte and Kenneth Fleck, and referred to the City insurance carrier, R.E.M.I.F. 8c. Awarded the contract for South State Street Improvements and Signalization to Parnum Paving in the amount of $433,995.30. 8d. Awarded the contract for resurfacing tennis courts at Ukiah High School to Sequoia Surfacing in the amount of $23,413.00. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 9. Audience Comments on Non-Aqenda Items None. UNFINISHED BUSINESS lla. Matter of City Clerks and Treasurer Positions, Elected vs. Appointed The City Manager reported on the need for the City of Ukiah to insure a high level of professional qualifications and expertise within all administrative positions of the City, and noted this need extends to the City Clerk and Treasurer positions as well, as both positions are administrative, ministerial and technical in nature, and therefore should be occupied by individuals who possess professional skill and expertise. He noted this is particularly true when considering the myriad of federal and state laws and regulations that a professionally trained City Clerk must be aware of and the millions in public funds that the City Treasurer is responsible for investing on an annual basis. Based on the City Council's discussion during the June budget sessions, he recommended the these two positions be placed on the ballot to ask the voters to approve the positions becoming appointed, and if passed by the voters he recommended the following: Reg. Mtg. July 17, 1991 Page 2 151 1. The City Clerk and City Treasurer positions would remain as separate and distinct positions. They would not be merged or consolidated with other existing positions, as they are separate and distinct in their duties and responsibilities. 2. The City Council would be responsible for appointing the City Clerk and City Treasurer, in the same way as the City Manager and City Attorney are directly appointed by the City Council. 3. The present City Clerk and City Treasurer incumbents would be appointed by the City Council to these positions should the measures be approved by the voters. The City Clerk explained, that, as required by the International Institute of Municipal Clerk's Code of Ethics, she will remain neutral and impartial regarding any issue, and provided a presentation to Council regarding the history of the City Clerk, the responsibilities of a professional California City Clerk and the duties and responsibilities of the City Clerk position in the City of Ukiah. Discussion ensued regarding a possible change of Councilmembers in the June 1992 election, the IIMC City Clerk certification requirement for appointment, wording of the proposed argument, minimum qualifications desired, and use of a professional search firm for professional municipal positions. It was the general consensus of Council to remove wording pertaining to City Clerk certification within the proposed ballot argument for the City Clerk position. llai. Adoption of Resolution Callinq for November 5, 1991 Special Election and Approvinq Agreement with Mendocino County to Conduct Election M/S Schneiter/McMichael to adopt Resolution No. 92-2, Calling Special Election, Consolidating Special Municipal with Statewide General Election, Approving Agreement to Provide Election Services, Presenting Ballot Measures to Make City Clerk and City Treasurer Positions Appointive Rather than Elective, Transmitting Measures to City Attorney for Impartial Analysis, and Authorizing Arguments and Rebuttal Arguments in Favor of Measures. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. PUBLIC HEARING 10a. Proposed Removal of Business License Fee Cap The Finance Director distributed a proposed Resolution containing the proposed fees. He reported that this proposal does not adjust the business license rates, but only proposes removing the maximum limit for license fees of $250.00, which will affect only 5% of all licensed businesses within the City. He noted this cap has not been raised since 1974 and if approved it would become effective July 1, 1991. He explained how this would provide more equity to all businesses within the same rate schedule with the greater burden of payment distributed to those business with the greatest ability to pay. PUBLIC HEARING OPEN - 7:37 p.m. Dan Haehl, 230 South Highland Avenue, stated he is a local attorney that does not own his own business, and commented that this increase represents an additional tax on business that will be passed on to the citizens. He stated there is entirely too much government already, and he would like to know where all this money goes. Loren Freeman, 116 Clara Avenue, owner of Ukiah Grocery Outlet, stated if this proposed removal of the business license cap is approved, his business license fee will increase 600%, from $250 Reg. Mtg. July 17, 1991 Page 3 152 to $1500. He indicated this will discourage new businesses from coming into Ukiah, and feels a 500% to 600% increase is too high. No others came forward. PUBLIC HEARING CLOSED - 7:44 p.m. The Finance Director noted the City of Ukiah business license rates are the lowest for the three cities in Mendocino County and explained the County is considering raising their rates soon. Discussion ensued regarding other cities not having a rate cap, past benefits of lower rates to local businesses, the anticipated revenue generation of $30,000, of which the Chamber of Commerce will receive a portion, and how all California cities are looking at fair market pricing levels. M/S McMichael/Schneiter to adopt Resolution No. 92-1, Amending Resolution No. 74-61, Establishing Rates for Business Licenses in the City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 10b. Appeal of Planninq Commission denial of Variance Application No. 91-30, Sun Tieng Poenq, reduction of the rear yard setback, 545 Donner Court, zoned P.D., Planned Development. Mayor Henderson polled the Council as to whom had viewed the site. All Councilmembers and the Mayor indicated they had viewed the site. The Community Development Director reported that the Planning Commission had denied this variance application at their June 26, 1991 meeting, with a 7-0 vote. He noted this proposal is for a two story extension of an existing duplex to the rear of the property which would result in a 5 foot setback instead of the required 10 foot required setback for a R-2 lot. PUBLIC HEARING OPEN - 8:04 p.m. Bryant Fisher, 423 Clara Avenue, stated the original duplex could have been sited better, but indicated this is the only way for the applicants to expand the existing dwelling. He stated he feels the yard that the City says is a rear yard, is really a sideyard, and should be considered as such for the official sideyard setback requirements. He noted that Mr. Poeng has received no objections from his neighbors regarding this proposed addition. PUBLIC HEARING CLOSED - 8:07 p.m. Discussion ensued regarding the dimensions of the lot, square footages of the proposed dwelling, corner lots in relation to duplexes, subdivision is a planned development zone, density bonuses, impact to neighbors, and possible findings. M/S Schneiter/Shoemaker to deny the appeal of the Planning Commission's denial of Variance Application No. 91-30, as filed by Sun Tieng Poeng, with the finding that there is nothing unique about the property that requires an encroachment into the setback. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: Councilmember McMichael. 10c. Appeal of Planninq Commission denial of Variance Application No. 91-28, Willard Carlstedt, reduction of rear yard setback and required separation between accessory buildinqs and main buildinqs, 1101 West Perkins Street, zoned R-i, Sinqle-Family Residential. Mayor Henderson polled the Council as to whom had viewed the site. All Councilmembers and the Mayor indicated they had all viewed the site. Reg. Mtg. July 17, 1991 Page 4 153 The Community Development Director reported the Planning Commission denied this variance application at their meeting of June 26, 1991. He noted this proposal is to locate a two car carport immediately to the front of an existing garage, which would reduce the rearyard setback from 15 - feet to 8 - feet and would result in a 3.5 foot separation between the existing house and proposed structure, of which 10 - feet is required by code. He noted the Planning Commission could not make findings. The Community Development Director provided slides of the existing site and buildings. PUBLIC HEARING OPEN - 8:27 p.m. Willard Carlstedt, 1101 West Perkins Street, stated he is in attendance to answer any questions. Robert Reid, 1141 West Standley Street, Planning Commissioner, reported to Council regarding the discussions of the Planning Commission regarding this matter, and stated he feels that there are a great many alot non-conforming lots with old buildings on the older westside of Ukiah that need special considerations in order to prevent their demise. The Community Development Director referred to a letter of support for the project received from Ron and Karen Himes, to be entered into the record. No others came forward. PUBLIC HEARING CLOSED - 8:35 p.m. Councilmember McMichael stated he is a neighbor and the adjacent tree to the proposed structure provides alot of shade and he feels this tree should be saved by not paving and not cutting the tree down to accommodate a newer structure. A motion was made by Councilmember McMichael to grant the appeal of the Planning Commission denial of Variance Application No. 91-28, with the following conditions: 1. The carport not be sided now or in the future, 2. All trees on the property remain and not be harmed, and the roof of the carport be designed and constructed as an extension of the existing garage with the same pitch, line and covering material; and with the following findings: 1. Granting of this variance will not be detrimental to the health, safety, and welfare of the neighborhood in that travelway visibility is not impaired, the existing trees will have adequate area around root systems to maintain them in a healthy manner, and the carport roof will be designed consistent with the existing shop structure thereby being visually compatible with the historical or architectural nature of the property; 2. The location of the carport is in line with the existing roof overhang of the shop building along a preexisting setback. Similar variances have been granted for extensions to existing nonconforming structures and, therefore, this would not be a grant of special privilege; 3. The property has unusual circumstances in that existing trees on the site would be precluded from being located between the south property line and the existing house because of the minimal available area even if the shop were removed. The motion was seconded by Councilmember Wattenburger, for discussion. Councilmember Shoemaker stated that sometimes trying to maintain the architectural style is not practical. He feels a flat roof carport is less innocuous and the tree is a unique feature of the property, as is the age of the structure considering the overall age for all Ukiah. He recommended obtaining an arborist's opinion for impact on the tree. Councilmember McMichael amended his previous motion to eliminate Condition No. 3,"The roof of the carport be designed and Reg. Mtg. July 17, 1991 Page 5 154 constructed as an extension of the existing garage with the same . " and to strike the wording pitch, line, and covering material, in finding No. 1. of "and the carport roof will be designed consistent with the existing shop structure thereby being visually compatible with the historical or architectural nature of the property." The maker of the second to the motion, Councilmember Wattenburger, agreed to the wording elimination. The amended motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 15. CLOSED SESSION The City Attorney recommended going into closed session under the pending litigation exception of the Brown Act, Section 54956.9 (b2) of the Government Code, for discussion of threatened litigation against the City of Ukiah. The motion was carried by a majority voice vote with only Councilmember Shoemaker voting Noe. Recess - 8:50 p.m. Reconvene - 8:50 p.m. Council entered Closes Session at 8:50 p.m. Council came out of Closed Session at 9:10 p.m. The City Attorney reported no action was taken in Closed Session. NEW BUSINESS 12a. Matter of Cultural Arts Advisory Board Mission Statement, Goals and Objectives The Museum Director reported the Cultural Arts Advisory Board, established by Council, has been meeting regularly since November 1990, and has developed a draft Statement of Purpose, Goals and Objectives for Council approval. She noted the implementation of these objectives will need outside funding from fundraising efforts. Discussion ensued regarding the role of the Sun House Guild and possible misconceptions. It was the general consensus of Council for the City Manager to handle this issue. Oini LaGioia, Cultural Arts Advisory Board member, 412 Jones Street, reported on the reduction of art representation in the public schools due to fiscal constraints, and noted the Cultural Arts Advisory Board is attempting to address this matter. She requested permission for the Board to file regular reports on the Board's activities with the City Manager, for Council's information. It was the general consensus of Council to approve this request. M/S Shoemaker/Schneiter to approve the Cultural Arts Advisory Board's official "Statement of Purpose" and "Goals and Objectives". The motion was carried by a unanimous voice vote of all AYE. 12b. Matter of Auqust 21, 1991 Council Meeting Cancellation It was the general consensus of Council to cancel the regular Council meeting of August 21, 1991 due to a month of hiatus for Commissions and Boards. COUNCILMEMBER REPORTS Councilmember McMichael Reg. Mtg. July 17, 1991 Page 6 155 Reported on the Sun House meeting he attended today. Councilmember Wattenburger Reported he was unable to attend the last MTA meeting due to conflict with the City budget sessions. He noted the recent hazardous material spill into the upper Sacramento River is a clear warning to Mendocino County and its cities to develop a hazardous material program. Councilmember Shoemaker None. Councilmember Schneiter None. Mayor Henderson Noted she will be unable to attend the August 7, 1991 Council meeting. CITY MANGER/DEPARTMENT HEAD REPORTS The City Manager reported the new Operations Commander will be starting next Monday. ADJOURNMENT There being no further 9:38 p.m. CCMIN.70 business/the meeting was adjourned / at Reg. Mtg. July 17, 1991 Page 7