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HomeMy WebLinkAboutMin 05-01-91116 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - May 1, 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: Shoemaker, Schneiter and Mayor Henderson. Absent: Councilmember McMichael and Wattenburger. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Community Development Director Harris, City Engineer Beard, Public Safety Director Keplinger, Assistant City Manager Horsley, Electric Utility Director Roper, Executive Assistant Stamelos, and Police Captain Budrow. INVOCATION/PLEDGE OF ALLEGIANCE Mayor Henderson delivered the Invocation and the City Attorney led the Pledge of Allegiance° 4. Proclamation - Pet Faire Week of May 5 - 11, 1991 Mayor Henderson read and presented the proclamation to Isa Browne, Secretary of the Pet Faire Association, State Humane Officer, and Secretary to the Board of Directors of the Humane Society for Inland Mendocino County. Councilmember McMichael joined the meeting at 6:36 p.m. Councilmember Shoemaker left the meeting at this time. 5. Approval Correction of Minutes of Reqular Meeting, April 17 1991 ' The City Manager noted a correction on Page 1 Item 4a. 1st line, change "present" to "presented". ' ' Mayor Henderson made the following corrections to; Page 1, Item 4b., 3rd line, omit "older downtown buildings" and replace with "the old phone building downtown"; Page 2, last paragraph, 9th line, change "demotion" to "demolition"; Page 4, 2nd paragraph, 1st line, change "Dell Glosser" to "Dale Glase"; Page 4, 3rd paragraph, 1st line, change "Ken" to "King"; Page 3, 4th paragraph, 3rd line, omit "concerned citizens to come forward" and replace with "one wishing salvage of lumber to do so."; Page 3, 6th paragraph, 3rd line, omit "citizen input" and replace with "possible salvage of materials." M/S Schneiter/McMichael to approve the minutes of the regular meeting of April 17, 1991, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Schneiter and Mayor Henderson. NOES: None. Absent: Councilmember Wattenburger and Shoemaker. 6. Riqht 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 requested Council to pull Items 7d., 7e., and 7h., from the agenda, as they will be reviewed and agendized at the next regular Council meeting. M/S Schneiter/McMichael to approve the Consent Calendar as follows: 7a. Approved and authorized the payments of payroll warrants, #38550 to 38709, from March 31 to April 13, 1991, in the amount of $115,349.02, and the general warrants, #50650 to 50829, in the amount of $1,319,878.41. 117 7b. Denied the claim for damage received from Robert T. MacDougall, Jr., and referred it to the City's insurance carrier, R.E.M.I.F. 7c. Rejected all bids received for Aluminum Bleacher Seats. 7f. Awarded the bid for self-contained breathing apparatus to Vallen Safety, in the amount of $5,580. 7g. Approved demolition permit to Henry Wong for the structure located at 519 South School Street, with the condition that it be effective May 31 or sooner if assurances are made that the structure will be moved or the materials salvaged. The motion was carried by the following roll call vote: AYES: McMichael, Schneiter and Mayor Henderson. NOES: None. Absent: Wattenburger and Shoemaker. 8. Audience Comments on Non-Aqenda Items Stephanie Hoppe, 612 W. Standley Street, distributed information regarding the newly established Mendocino Spay-Neuter Assistance Program (SNAP) for inland Mendocino County. She reported this program will provide loans to low-income families and seniors that desire to spay their pet. NEW BUSINESS 10. Adoption of Resolution Supporting School District 49~ Fund - June 1991 Ballot Measure Mayor Henderson commented she requested this matter be considered by Council for City support, as the proposed measure is a reasonable and sensible method to build new schools and remodel present school facilities in the future. Charles Myers, Ukiah Unified School District Superintendent, reported on the history of bond issues regarding the school district, the current financial situation of the the existing tax and the future need for more new schools in the near future. Councilmember Shoemaker joined the meeting at 6:49 p.m. The City Manager clarified that school construction funds are separate from the school district's fiscal year budgets. M/S McMichael/Shoemaker to adopt Resolution No. 91-53, supporting the Ukiah Unified School District for Proposition A on the June 1991 Ballot. The motion was carried by the following roll call vote; AYES: McMichael, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Absent: Councilmember Wattenburger. Council Reports McMichael Reported on the upcoming Sun House Tea and Tour of seven local homes for a fundraising event on May 15th. Schneiter Reported on the Northern California Power Association meeting he attended last week in Healdsburg, and noted there will be no LAFCO meeting next week but there will be an MCOG meeting on May 6th. Mayor Henderson Reported she will be unable to attend the Council meeting on May 15th due to a Redwood Empire Municipal Insurance Fund Conference. Reg. Mtg. May 1, 1991 Page 2 118 PUBLIC HEARING 9a. Appeal of Planning Commission Conditions of Approval for Use Permit Application No. 91-15, as filed by Andrew Niderost, to Construct a Second Living Unit at 335 Washington Avenue, zoned R-i, Single Family Residential District Mayor Henderson polled the Council as to whom had viewed the site. All Councilmembers acknowledged they had viewed the site. The Community Development Director reported at the Planning Commission meeting of April 10, 1991, the Planning Commission approved Use Permit No. 91-15 with conditions for a second unit on a parcel in a R-1 zone. He noted the applicants appealed the conditions regarding the parking area paving and location, and they have submitted a revised parking proposal. He indicated the applicants had verbally expressed concern to him regarding the public having access to the creek, but had no problem with City maintenance of the creek. He also noted that according to the property owners, the Pecan tree will be removed due to insect infestation, and indicated the tree is critical to maintaining the characteristic of the neighborhood. Discussion ensued regarding such issues as the legal means for access to streams and creeks for cleaning and maintenance, creeks on private property not being legally accessible to the public, the Pecan tree condition and no legal means to order the saving of it, and the proposed revised parking plan. The Community Development Director provided Council a slide presentation of the site. PUBLIC HEARING OPEN - 7:42 p.m. Andrew Niderost, 335 Washington Avenue, questioned if he could be allowed to use concrete paving instead of asphalt? The Community Development Director answered yes. Mr. Niderost stated he wishes the existing driveway to stay in the same location and he objects to the parking of four vehicles back to back. He stated it is of no concern to him whether the Pecan tree stays or is removed, and feels the City already has legal access to clean the creek, and does not need legal dedication° Stephanie Hoppe, 612 West Standley Street, commented she feels creeks are degraded when houses are located next to them by the alteration of ground water drainage, alteration of natural vegetation and impact on the water quality. She stated that there is a need to plan incremental protection of all creeks by land dedication now to provide access for future creek restoration projects, and feels the City has the ability to do SO. The City Attorney stated the City does have general police power but there is a question as to access. Bob Sandelin, 318 Jones Street, stated that he is sympathetic to the creek issue, but feels it is unfair to demand that property owners give up their property rights without an enabling Ordinance. He commented that if the City wishes to take a stream bed for public access, then the City should reimburse the property owner for their land. No others came forward. PUBLIC HEARING CLOSED - 7:35 p.m. Councilmember McMichael stated he feels we need an ordinance pertaining to trees before we can demand a citizen to save a tree and indicated he likes the idea of future creek restoration but the City needs empowerment action to be able to do this. Reg. Mtg. May 1, 1991 Page 3 119 M/S Schneiter/McMichael to uphold the Planning Commission's approval of Use Permit No. 91-15, with the following conditions: 1. Standard Conditions 1-23; 2. All conditions of Section 9024 of the City Code be met; 3. Two on-site individually accessible paved parking spaces, each at least 9' x 19', be provided for the second unit. Parking to be configured as noted on April 26, 1991 Staff site plan; and 4. The additional structure be painted to match the existing structure. Councilmember McMichael conditioned his second of the motion by stating that as the owner has agreed to leave the Pecan tree, he hopes every effort will be made to maintain it. Discussion ensued regarding the creek access. The City Attorney commented that an Ordinance is desirable, but legally does not have to impose this condition of Use Permit as long as the impacts are addressed. The motion was carried by the following roll call vote: AYES: McMichael, Shoemaker, Schneiter and Mayor Henderson. NOES. None. Absent: Wattenburger. City Manager/Department Head Reports Reported the first Sun House Endowment fundraising event welcoming reception is this Friday, May 3, at the Sun House and reported that starting July 1st, a curbside compostable pick up program will be available to citizens, and June 1 will be the hazardous material recycling day. Closed Session The City Attorney noted the need to go into Closed Session under the pending/potential litigation exception of the Brown Act, Gov. Code Section 54956.9 (c). M/S McMichael/Schneiter to go into Closed Session to discuss potential litigation. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Absent: Councilmember Wattenburger. Council entered Closed Session at 7:52 p.m. Council came out of Closed Session at 9:20 p.m. The City Manager noted no action was taken. ADJOURNMENT There being no further 9:20 p.m. CCMIN. 63 business,~//~~~/~.~meeting/~s adjourned Ca~h~ 7K~y~ C~y Clerk at Reg. Mtg. May 1, 1991 Page 4