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