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MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - June 19, 1991
The City Council convened in a regular meeting at 6:32 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, Finance Director Vara,
Assistant City Manager Horsley, Acting Community Services
Director Heise, Executive Assistant Stamelos, Public Safety
Director Keplinger, Public Works Director Goforth and Community
Development Director Harris.
INVOCATION/PLEDGE OF ALLEGIANCE
The City Clerk delivered the Invocation and Councilmember
Shoemaker led the Pledge of Allegiance.
4. Special Order of Business - Presentation of Trophy Case by
Ukiah Host Lions Club
Chuck Thornhill, from the Ukiah Host Lions Club made a
presentation of a new trophy case built by members Brian Bell of
Kegelini Cabinets and Jim Morris of Builders Glass. He noted
the Ukiah Lions Pop Warner championship football team need to
display their many trophies and expressed appreciation to the
City for the opportunity to do so.
Mayor Henderson accepted the keys to the case. The Council
expressed appreciation for the beautiful donation to the Civic
Center foyer.
5. Proclamation - Parks and Recreation Month of July
Mayor Henderson read and presented the proclamation to Acting
Community Services Director Heise.
APPROVAL/CORRECTION OF MINUTES
6a. Regular Meeting of June 5, 1991
Mayor Henderson made the following corrections to the minutes of
the regular Council meeting of June 5, 1991; Page 1, Item 4,
4th line, change AYE vote of Mayor Henderson's to an ABSTAIN
vote; Page 2, Item 8, 4th line, change "years" to "year's";
Page 4, Item 10b, 2nd paragraph, last line, remove one of the two
periods; Page 4, Item 10d, 1st paragraph, 4th line, change
"Districts" to "District's".
M/S Schneiter/Shoemaker to approve the minutes of the regular
meeting of June 5, 1991, as amended. The motion was carried by
the following roll call vote: AYES: Councilmembers Wattenburger,
Shoemaker, Schneiter and Mayor Henderson. NOES: None. ABSTAIN:
Councilmember McMichael.
6b. Regular Adjourned Meeting of June 6, 1991
Discussion ensued regarding whether the meeting was convened or
gathered, as the Council was in full attendance, but met
informally with the public and staff at the Oak Manor Elementary
School Mobile City Hall.
The City Attorney advised the word, convened, was not incorrect.
M/S McMichael/Wattenburger to approve the minutes of the regular
adjourned meeting of June 6, 1991, as submitted. The motion was
carried by the following roll call vote: AYES: Councilmembers
McMichael, Wattenburger, Shoemaker, and Mayor Henderson. NOES:
Councilmember Schneiter.
7. Right to Appeal
133
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:
8a. Approved the Payroll Warrants, dated May 12, 1991 to May 25,
1991, #39030 to 39191, in the amount of $135,201.52, and dated
May 26, 1991 to June 8, 1991, #39192 to 39356, in the amount of
$119,573.06, and the general warrants, #51271 to 51419, in the
amount of $1,105,779.76.
Sb. Denied the claim for indemnification of Jennifer Lyn Allen,
and referred it to the City's insurance carrier, R.E.M.I.F.
8c. Awarded the bid to Ukiah Daily Journal for Legal Publishing
services for the Fiscal Year 1991-92, in the amount of $3.60 per
column inch for the first publication and $2.30 per column inch
each additional publication.
Sd. Accepted the work of T.D.M. Construction as complete, for
Sidewalk Reconstruction on various City streets, Specification
No. 91-02, and directed the City Clerk to record the Notice of
Completion.
Se. Adopted Resolution No. 91-56, Supporting the "Heirs of
Columbus" Chautauqua in the City of Ukiah During the Summer of
1992.
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. Adoption of Resolution Appointinq Planninq Commissioners to
a Three Year Term
Mayor Henderson reported that Council interviewed each of the
seven Planning Commission applicants at a regular adjourned
Council meeting of June 12, 1991, to fill the unexpired term of
Larry Sheehy and to appoint three Planning Commissioners to three
year terms.
Councilmember Shoemaker questioned the expiration date of Larry
Sheehy's term.
The City Clerk noted the typographical error on line #9 in the
draft Resolution should be 1992 not 1991.
Mayor Henderson nominated William Randolph to fill the Planning
Commissions unexpired term of Larry Sheehy that expires on June
30, 1992. Councilmember Shoemaker seconded the nomination. The
nomination was approved with a unanimous voice vote of all AYE.
Mayor Henderson nominated Leif Farr to fill a Planning Commission
three year term. Councilmember Schneiter seconded the nomination.
The nomination was approved with a majority voice vote of AYE
with Councilmember McMichael voting NOE.
Mayor Henderson nominated Richard Long to fill a Planning
Commission term of three years. The nomination was seconded by
Councilmember Wattenburger. The nomination was approved with a
unanimous voice vote of all Aye.
Mayor Henderson nominated Stephanie Hoppe to fill a Planning
Commission term of three years. The nomination was seconded by
Councilmember Schneiter. The nomination was approved by a
Reg. Mtg.
June 19, 1991
Page 2
134
majority voice vote of AYE with Councilmember Wattenburger voting
NOE.
It was the general consensus of Council to place the remaining
interviewed Planning Commission applicants on a six month
eligibility list.
M/S Schneiter/Shoemaker adopted Resolution No. 91-59, Appointing
Four Planning Commission Members (Randolph, Farr, Long, Hoppe) to
the City of Ukiah Planning Commission. The motion was carried by
the following roll call vote: AYES: Councilmembers Wattenburger,
Shoemaker, Schneiter and Mayor Henderson. NOES: Councilmember
McMichael.
llb. Adoption of Resolution Appointing Airport Commissioners to
a Three Year Term
Mayor Henderson nominated Ronald Sturchio to a term of three
years on the Airport Commission. The nomination was seconded by
Councilmember Schneiter. The nomination was approved by a
unanimous voice vote of all AYE.
Mayor Henderson nominated Robert Webb to a term of three years
on the Airport Commission. The nomination was seconded by
Councilmember Schneiter. The nomination was approved by a
unanimous voice vote of all AYE.
M/S Schneiter/Shoemaker adopted Resolution No. 91-60, Appointing
Two Airport Commission Members (Sturchio and Webb) to the
City of Ukiah Airport Commission. The motion was carried by the
following roll call vote: AYES: Councilmembers McMichael,
Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES:
None.
llc. Approval of Settlement Aqreement with Mendocino County
Regarding SB 2557 Fees
The City Manager reported on the negotiations with the County of
Mendocino in which the City of Ukiah's position was that the
County's rate for jail bookings, set by Ordinance of $87.88,
lacked factual substantiation and that the City was to be charged
for activities in the County jail operation that have nothing to
do with the jail booking process. He noted there is a strong
possibility that the State will repeal SB 2557 for next year and
that this proposed agreement with the County is a one year
agreement. He noted the reduced booking fees of $46 for the
period of July 1, 1991 to February 28, 1991 and $36 for the
period of March 1, 1991 to June 30, 1991.
Councilmember McMichael expressed his appreciation to staff for
this more equitable rate, and stated that this State legislation
takes funds out of the pockets of the Cities in order to fix the
State's fiscal problems and it is the citizens who will be
directly affected by reduced City services.
The City Manager informed the Council that the County of
Mendocino has conceptually approved this agreement and the fees
will be paid out of City unappropriated reserves.
M/S Schneiter/Wattenburger to approve the proposed settlement
agreement with Mendocino County for SB 2557 jail booking fees.
The motion was carried by the following roll call vote: AYES:
Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter, and
Mayor Henderson. NOES: None.
PUBLIC HEARING
10a. Appeal of Planninq Commission's Denial of Variance
Application No. 91-23, and Site Development Permit Applicatior
No. 91-20, as filed by Vince Corcoran, 680 Orchard Avenue zoneC
C-N, Neighborhood Commercial District.
The Mayor polled the Council if all had viewed the site and each
of the Councilmembers and Mayor indicated they had individually
viewed the site.
Reg. Mtg.
June 19, 1991
Page 3
! 36
The Community Development Director reported Variance Application
No. 91-23 and Site Development Permit Application No. 91-20 were
denied by the Planning Commission at the May 22, 1991 Planning
Commission meeting. He reported a revised project was approved by
the Planning Commission meeting of June 12, 1991, but the
applicant still wishes to pursue the original project, therefore
this appeal. He informed the Council the project is to convert
the existing building from a photography studio to a chiropractic
medical office, construct a 210 square foot addition on the east
end and add a handicap ramp with the original plan including a
walkway and building entrance along the north side of the
building, reduction of driveway width and allowance of three
compact car parking spaces in the rear parking lot.
Discussion ensued regarding driveway location, the handicap ramp
location, width of driveway and parking spaces.
The Community Development Director presented slides showing the
existing structure and lot.
Discussion ensued regarding the proposed ramp location within the
driveway and the roof line.
PUBLIC HEARING OPENED - 7:15 p.m.
Vince Corcoran, 807 South Dora Avenue, explained the differences
between his original project that he prefers but was denied by
the Planning Commission and the project that was approved by the
Planning Commission and provided Council with written exhibits in
addition to showing these exhibits on an overhead projector.
No others came forward.
PUBLIC HEARING CLOSED - 7:23 p.m.
Discussion ensued regarding driveway width and pedestrian walkway
width within the driveway.
Councilmember Wattenburger questioned whether a fire truck would
be able to drive to the rear of the property and be able to fight
a fire in the back lot due to restricted space.
The City Attorney advised Council that findings will be necessary
in order to grant or deny this variance.
Councilmember Shoemaker stated that he feels the Planning
Commission took appropriate action in denying the first
application and approving the revised project.
Councilmember McMichael stated that Plan A is aesthetically
better and would approve it if there was a means of providing
pedestrian safety in the driveway walkway.
Councilmember Schneiter commented that he feels a rear entry
would be better, and that two compact cars could pass in the
proposed driveway and 8 foot wide parking spaces are adequate but
feels there is a public safety issue that is not resolved.
M/S Schneiter/Shoemaker to deny the appeal of Vince Corcoran and
uphold the Planning Commission action.
The City Attorney advised findings are needed.
Councilmember Schneiter requested amending the motion to include
the finding that it is the Council's opinion that this project
would be detrimental to the health, safety and welfare of the
persons residing and working there, and the patients entering and
exiting the property because the narrowing of the driveway would
cause problems to vision while entering and exiting the property,
and to emergency vehicles responding to the property.
Councilmember Shoemaker, maker of the second, agreed to the
amended wording.
Reg. Mtg.
June 19, 1991
Page 4
Mayor Henderson questioned whether or not the fire truck would be
able to enter and exit the driveway.
Councilmember Wattenburger stated he was informed by the Public
Safety Director that the width of the newest firetruck, mirror
to mirror, is 9 ft. 8 inches and with a proposed driveway width
of 12 feet would only leave one foot on either side of the fire
truck for entering or exiting within the driveway.
Mayor Henderson called for the question.
The motion was carried by the following roll call vote: AYES:
Councilmember Wattenburger, Shoemaker, Schneiter and Mayor
Henderson. NOES: Councilmember McMichael.
Mayor Henderson and Councilmember Schneiter complimented the
efforts of Dr. Corcoran to make improvements to the property.
NEW BUSINESS
12a. Recommended Appointments to the Growth Manaqement Steerin~
Committee -
The City Manager reported these changes in the membership of the
Growth Management Steering Committee reflect seven additional
representatives from the Native American and Latino
organizations located within the planning area or associated with
the valley. He noted other changes due to job position changes
for the Ukiah Unified School District and the Mendocino County
Office of Education.
M/S Schneiter/Wattenburger to adopt Resolution No. 91-59,
amending Resolution No. 91-28, making appointments to the Growth
Management Steering Committee. The motion was carried by the
following roll call vote: AYES: Councilmembers McMichael,
Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES:
None.
12b. Adoption of Resolution Reqarding Observatory Property
The Community Development Director reported the 2.5 acre
Observatory site property, that extends between Luce and
Observatory Avenues, has been determined "suitable for homeless
use" by HUD and recently verified by a May 10, 1991 notice from
the General Services Administration. He reported that the
County's Community Development Commission has control over the
property and is currently using the existing dwelling to meet low
and moderate income housing needs. He stated that it has been the
position of the City for many years that this property should be
a park, and has indicated this position to the CDC, which has
indicated they would only propose two or three units to be
developed in the corners of the property, thereby leaving the
historic measuring monuments intact. He noted the notice received
by the General Services Administration allows local governmental
units to apply for the lease, which can be implemented by
adopting a resolution and making subsequent application to the
Federal Government.
Discussion ensued regarding if it is mandatory to use the
property for homeless and low/moderate housing and details of the
CDC lease of the property.
Councilmember McMichael stated that a park for this location is
much more appropriate use than low/moderate housing, and hopes
that the CDC will cooperate with the City.
M/S McMichael/Schneiter to adopt Resolution No. 91-60, pertaining
to the Observatory property. The motion was carried by the
following roll call vote: AYES: Councilmembers McMichael,
Wattenburger, Schneiter and Mayor Henderson. NOES: None. ABSTAIN:
Councilmember Shoemaker.
12c. Resolution of Endorsement Supporting Coastal Conservancy
Grant to Mendocino County
137
Reg. Mtg.
June 19, 1991
Page 5
The City Manager reported that the California State Coastal
Conservancy is proposing a study of three sections of the Russian
River, including Redwood Valley to Hopland. He noted that the
Resource Enhancement and Public Access Plan is to be carried out
by the Mendocino County Water Agency for the Russian River's
reach within Mendocino County which will be funded through a
grant of $100,000 from the Coastal Conservancy for Mendocino
County. He indicated all affected agencies have endorsed this
project, and it is appropriate at this time for the City of Ukiah
to also endorse this project and incorporate it into the current
Growth Management/General Plan project with input from adjacent
property owners. He reported that City Staff is meeting tomorrow
with CSCC staff members to view and discuss river access sites.
The City Attorney advised Council regarding the funding of this
State agency and the process involved in the implementation of
this plan.
M/S McMichael/Schneiter to adopt Resolution No. 91-61, with the
addition of the wording "and adjacent property owners adjacent to
the River" added to paragraph 5, 5th line, after the word
"Ukiah," and before the word "be". The motion was carried by the
following roll call vote: AYES: Councilmembers McMichael.
Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES:
None.
12d. Set Date for Annual Employee and Retiree Appreciation
Barbeque Picnic Hosted by Council
It was the general consensus of Council to set the date of August
4, 1991, at Todd Grove Park, for the Annual Employee and Retiree
appreciation barbeque dinner.
12e. Matter of Golf Course Building Remodeling
The City Manager reported staff is currently evaluating all City
facilities for maintenance and appropriate use, and noted the
municipal golf course is in desperate need of refurbishment and
remodeling.
The Acting Community Services Director reported on the history of
the municipal golf course clubhouse and gave a slide presentation
of needed repairs and proposed remodeling project as recommended
by the Golf Committee and the Parks and Recreation Commission.
Mayor Henderson recommended the undergrounding of utilities be
included in this proposed project.
Doug Patterson, the municipal golf clubhouse architect, reviewed
the process in which the proposed plans were developed by
Committee recommendations.
Councilmember McMichael recommended not using acoustical tile for
the ceiling, possible addition of skylights for additional
natural lighting, a fire resistant roof, fire sprinklers, better
windows, new siding, addressing of earthquake and safety issues
and commented he approves of the idea of a private courtyard.
The City Manager reported that conceptual approval is needed at
this time to enable staff to work with the volunteer committee to
develop specific designs and plans for Council approval at a
later date. He noted that the estimated costs for the design
work, and first year financing of the project, has been
incorporated into next year's proposed budget with a proposed 5
to 8 year financing plan.
M/S McMichael/Schneiter conceptually approved the project to go
forward and directed staff to work with the committee to develop
final design and plans.
Councilmember Shoemaker questioned the total proposed square
footage and the current price per square foot for construction.
Doug Peterson answered that $80 to $90 per square for a good
commercial or institutional facility.
Reg. Mtg.
June 19, 1991
Page 6
Councilmember Shoemaker expressed concern for the difference in
price between a $150,000 remodel and $500,000 for a total
reconstruction.
The City Manager commented that there will be contributions and
fundraising efforts from the community and the final design and
recommendations will only be developed after Council approval.
Discussion ensued regarding future costs and usages.
Mayor Henderson called for the question for the motion on the
floor.
The motion was carried by a unanimous voice vote of all AYE.
12f. Authorize the City Attorney to File Lawsuit Reqardin¢-
property Tax Administration Fees -
M/S Shoemaker/Schneiter to confirm the City Attorney's authority
to file a lawsuit against the County of Mendocino regarding
property tax administration fees. The motion was carried by the
following roll call vote: AYES: Councilmembers McMichael,
Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES:
None.
CITY COUNCIL REPORTS
Councilmember McMichae]
Reported on the Sun House Guild luncheon he attended.
Councilmember Wattenburger
Reported the next Mendocino Transit Authority meeting will be
next Thursday, which he will have to miss due to budget hearings.
Councilmember Shoemaker
Reported on the Mendocino Solid Waste Joint Power Agency meeting
he attended.
CITY MANAGER/DEPARTMENT HEAD REPORTS
The City Manager reported on the upcoming budget hearing process
and timeframes.
CLOSED SESSION
The City Attorney reported there is no need to meet in closed
session.
ADJOURNMENT
There being no further business, the meeting was adjourned at
9:03 p.m., to June 25, 1991, 9:00 a./m., for Fiscal Year 1991-92
Budget Hearings in the Council ~hambers,
Seminary Avenue, Ukiah. /j
Civic Center, 300
CCMIN. 68
Cathy '1 .ty Clerk
Reg. Mtg.
June 19, 1991
Page 7