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HomeMy WebLinkAboutMin 06-05-91125 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - June 5, 1991 The City Council convened in a regular meeting at 6:35 p.m., in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Wattenburger, Shoemaker, Schneiter and Mayor Henderson. Absent: Councilmember McMichael. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Finance Director Vara, Assistant City Manager Horsley, Acting Community Development Director Heise, Police Captain Budrow, City Engineer Beard, Public Works Director Goforth, Community Development Director Harris, and Fire Captain Hilliker. INVOCATION/PLEDGE OF ALLEGIANCE The Community Development Director delivered the Invocation and Councilmember Wattenburger led the Pledge of Allegiance. 4. Approval/Correction of Minutes from May 15 1991 Regulal Meetinq ' , M/S Schneiter/Wattenburger to approve the minutes of the regular meeting of May 15, 1991, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Schneiter. NOES: Councilmember Shoemaker. ABSTAIN: Mayor Henderson. Absent: Councilmember McMichael. SPECIAL ORDER OF BUSINESS 5a. Redwood Empire Lions Club Donation of Free Swim Days The Acting Community Services Director introduced Jim Lindsteadt and Eric George, representatives of the Redwood Empire Lions Club, who presented Mayor Henderson and Council with a check for $1200 that will provid~ free admission to the municipal swimming pool to children under 18 for five consecutive Saturdays starting on June 15, 1991. ' Mayor Henderson and Council expressed their appreciation for their generous donation. 6. Right to Appeal Mayor Henderson reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. 7. Consent Calendar The City Manager submitted to Council an updated Attachment B, for Item 7d. Approval of Annual Update of Disadvantaqed Enterprise Business (DBE) Program. M/S Schneiter/Shoemaker to approve the Consent Calendar as follows: 7a. Approved and authorized the payments of payroll warrants, #38870 to 39029, from April 28, 1991 to May 11, 1991, in the amount of $115,481.92, and the general warrants, #51011 to #51247, in the amount of $367,824.64. 7b. Authorized the City Clerk to make the necessary corrections to the City Code, pertaining to Ordinance Nos. 893, 896 and 915 as per City Attorney instructions. ' 7c. Approved Program Supplement No. 4 to Local Agency - State agreement No. 1-5049, and authorized the Mayor and City Clerk to execute Program Supplement No. 4 on behalf of the City. 7d. Adopted Resolution No. 91-54, adopting update of disadvantaged business enterprise program, and authorized the City Manager to execute the updated program on behalf of the City. 1P6 7e. Awarded the contract for Asphalt Concrete Surfacing on various City streets, Specification No. 90-14, to Parnum Paving, Inc., in the amount of $59,770. 7f. Awarded the contract for Slurry Sealing on various City streets, Specification No. 91-01, to American Asphalt in the amount of $19,113. 7g. Accepted Larry Sheehy's resignation from the Planning Commission. 7h. Authorized the Mayor to execute agreement with the Company of Eric Jay Toll (AICP), for consulting services for the Growth Management/General Plan project, in an amount not to exceed $197,412.00 7i. Received and filed the report on Spring Clean-Up Week May 13 - 17, 1991. ' 7j. Received the report by the City Manager concerning the reorganization of the Public Education Government (PEG) Board. 7k. Approved demolition permit for the structure at 901 South State Street with the condition that it be effective July 18, 1991, or sooner if the structure is moved or the materials salvaged. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. ABSTAIN: Mayor Henderson on Item 7f. Absent: Councilmember McMichael. 8. Audience Comments on Non-Aqenda Items Mory McCloud, 301 Snuffin Street, expressed his disappointment regarding the lack of City of Ukiah representation in the recent Hometown Parade held on May 25, 1991, and hopes to see greater City participation in next year's parade. NEW BUSINESS 10a. Presentation of Landfill Studies by EBA Wastetechnoloqies The Public Works Director introduced Mike Bidart, Principal Engineer and Brian Barber, Project Engineer, both of EBA Wastechnologies, and Dan Caldwell, Geological Engineer of Hallenbeck and Associates, who were present to answer any questions from Council. The Public Works Director reported on the current landfill operating permits and briefly summarized the three reports prepared by EBA Wastechnologies, that contain operational, groundwater quality and geological data required by the California Integrated Waste Management Board, the California Regional Water Quality Control Board and the Local Enforcement Agency of the Mendocino County Environmental Health Department. He noted these reports will be submitted to the appropriate agencies for review. Discussion ensued regarding possible future requirements for testing, and costs and funding associated with recommended operation procedures, origin of contaminants, possible remediation, geological site conditions, well depths and water flows, and reduction of landfill waste volumes occurring since 1989. M/S Schneiter/Shoemaker received the reports as submitted by EBA Wastechnologies and send them to the appropriate agencies. The motion was carried by an unanimous voice vote of all AYE. Absent: Councilmember McMichael. Reg. Mtg. June 5, 1991 Page 2 127 PUBLIC HEARING 9a. Adoption of Resolution Approving Tentative Subdivision Map 91-4, Thomas P. Hill, for a seven-lot, sinqle family subdivision located at 110 Hiqhland Avenue, aka AP ~001-201-04, zoned P.D., Planned Development District Mayor Henderson polled the Council as to which Councilmembers had viewed the site, as this is a quasi-judicial hearing. Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderson stated they had viewed the site. Councilmember McMichael was absent. The Community Development Director reported on the tentative subdivision map as approved by the Planning Commission at their meeting of May 8, 1991, and reviewed the changes as recommended by the Planning Commission and incorporated in the proposed Resolution. PUBLIC HEARING OPEN - 7:23 p.m. George Rau, 100 N. Pine Street, representing the applicant, stated he agrees with the staff report, but requested the following clarifications for the record: standard conditions Nos. 6, 7, 8, and 9, refers to Use Permits, variances or other activities that are not tentative maps; No. 11 and No. 22 refer to commercial projects again and not residential projects as this project; No. 25, the special condition that states that cut banks on lots 4, 5, and 6, are to be supported by permanent retaining walls, would be included in the actual building of the home and not in the initial site grading. Mr. Rau stated that the applicant otherwise agrees with the staff report. The Community Development Director responded that all of the standard conditions are correct and that if there is no Use Permit, variances, or commercial use proposed, the conditions are not applicable. PUBLIC HEARING CLOSED - 7:26 p.m. M/S Schneiter/Wattenburger to adopt the Resolution approving Subdivision Map 91-4. Councilmember Shoemaker questioned the deeded easement on lot 5, footprint size, easement and set back restrictions, and building location in relation to easements. The City Attorney questioned how Condition No. 27 would work if the author of the geological/geotechnical evaluation is not available for review in the future as required in this condition. Discussion ensued as to why this condition was worded in this manner. Councilmember Schneiter withdrew his previous motion with agreement from the maker of the second, Councilmember Wattenburger. M/S Schneiter/Wattenburger to adopt the Resolution approving Subdivision Map 91-4, approving conditions 1 - 26, 28, 29, and 30, and eliminating Condition No. 27. Discussion ensued regarding possible wording amendment for Condition No. 27. Councilmember Schneiter requested his previous motion be amended to not eliminate Condition No. 27, but amend the wording of Condition No. 27, Page 3, line 4, after the word "author", add the wording of "or another qualified engineer to be approved by the City". Reg. Mtg. June 5, 1991 Page 3 128 Councilmember Wattenburger, the maker of the second, approved the amendment to the motion. The motion, adopting Resolution No. 91-55, was carried by the following roll call vote: AYES: Councilmember Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Absent: Councilmember McMichael. 10b. Approve and Authorize Mayor to sign LAFCO Agreement for Ukiah Valley Fire District Annexation Condition No. 5, Regarding Vichy Springs Area The City Manager reported on the agreement presented by the Local Agency Formation Commission for approval of Condition No. 5 in the annexation by the Ukiah Valley Fire Protection District of a large area in the Ukiah Valley that was not receiving fire protection services. He noted this annexation has been approved, although within this area is the Vichy Springs Resort and Subdivision, in which the City of Ukiah has an agreement for fire service. He reported that the wording in Condition No. 5 of LAFCO Resolution No. 91-4a recognizes the existing agreement between the City and Vichy Springs area for fire protection services until the termination of this agreement. Discussion ensued regarding the termination wording in the existing fire protection agreement between the City and Vichy Springs area. M/S Schneiter/Wattenburger approved and authorized the Mayor to sign the LAFCO Ukiah Valley Fire District contract agreement Condition No. 5 of LAFCO Resolution No. 91-4a, dated May 15, 1991. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Absent: Councilmember McMichael. Agenda Item 10c. was omitted from the agenda. 10d. Approval of Automatic Aid Agreement with Ukiah Valley Fire District The City Manager reported this agreement is an experimental small automatic aid agreement that will provide an enhanced level of service for the Municipal Airport as well as the District's area west of the Russian River, north of Talmage and south of Ford Road. He noted this agreement represents a new spirit of cooperation and reflects the sentiments of the Ukiah Valley Wide Task Force. Mayor Henderson noted that the Doolin Canyon area would be more practically served by the Ukiah Fire department due to its location in the middle of the City's west boundaries. Discussion ensued regarding other possible areas, number of trucks responding, manpower costs, and dispatch procedures used. M/S Schneiter/Wattenburger to approve this Automatic Aid agreement with the Ukiah Valley Fire Protection District. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Absent: Councilmember McMichael. 10e. Set Date and Time for Planning Commission Interviews Mayor Henderson acknowledged the letter received from Planning Commission applicant Bryant Fisher stating he would be out of town from June 17 through 19, 1991, and therefore unable to attend any interview scheduled for that time. It was the general consensus of Council to set the date and time for Planning Commission interviews on June 12, 1991, starting at 5:00 p.m., in Conference Room 3 of the Civic Center. Reg. Mtg. June 5, 1991 Page 4 129 The City Manager introduced his brother, Richard Rough, visiting from Virginia. 10f. Matter of July 3, 1991, Regular Council Meeting Cancellation It was the general consensus of Council to cancel the regular Council meeting of July 3, 1991. 10g. Set Dates for Fiscal Year 1991-92 Budget Hearings - Week of June 24, 1991 It was the general consensus of Council to set the dates of June 25, 26, and 27, 1991, for the Fiscal Year 1991 - 92 Budget Hearings. City Council Reports None. City Manaqer Reports The City Manager reported on the Mobile City Hall to be held on June 6, 1991, at 7:00 p.m., at Oak Manor Elementary School. He noted this will be the first time the Council will be present for an informal public question and answer session. Closed Session The City Attorney reported there was no need to go into closed session. ADJOURNMENT There being no further business, the meeting was adjourned to Meeting at Oak June 6E,1 1991, 7:00 p.m. for Mobile~ City Hall Manor ementary School, 100 Oak Mano~ Drive. CCMIN. 65 ///~ Clerk Reg. Mtg. June 5, 1991 Page 5