Loading...
HomeMy WebLinkAboutMin 04-03-91101 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 3, 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, Public Safety Director Keplinger, Finance Director Vara, Executive Assistant Stamelos, Community Development Director Harris, Fire Marshall/Deputy Fire Chief Sandelin, Electric Utilities Director Roper, and City Engineer Beard. INVOCATION/PLEDGE OF ALLEGIANCE Reverend John Kraps delivered the Invocation and Councilmember Schneiter led the Pledge of Allegiance. PROCLAMATIONS 4a. Ukiah Children's Theatre Month Mayor Henderson read and presented the Proclamation to Kathy Chan, Director of Ukiah Children's Theatre, Reverend John Kraps, a parent volunteer, and twelve members of the cast of the newly opened children's production, Wizard of Oz. 4b. Week of the Younq Child (April 7 - 13, 1991) Mayor Henderson read and presented the Proclamation to Kelly Austin, Secretary of the Family Day Care Association for the Ukiah Valley, who noted upcoming events associated with the recognition of the importance of family day care in our community. 4c. Child Abuse Prevention Week Mayor Henderson read and presented the Proclamation to Jerry Nicoletti, Staff Analyst for Mendocino County Child Protective Services and a member of the Willits/Ukiah Chapter of the Child Abuse Council, who outlined educational events sponsored by the Child Abuse Councils and Allison Glassey, a Division Manager of Social Services, who provided Mendocino County statistics and explained the functions of the Child Protective Service Department. Special Announcement Mayor Henderson announced the new appointment of Mark Hilliker to Fire Captain and noted he placed first in the recent Assessment Center. Councilmember Wattenburger presented the Fire Captain badge to Captain Hilliker. All Fire Department personnel were in attendance for this presentation. 5. Approval/Correction of Minutes of the Reqular Meetinq of March 20, 1991 M/S Henderson/Schneiter to approve the minutes of the regular meeting of March 20, 1991, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson NOES' None. · · 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 noted a correction to the agenda title, Item 7d., change amount from "$27,810" to "$27,767.50',. 102 M/S Schneiter/McMichael to approve the Consent Calendar as follows: 7a. Approved and authorized the payments of payroll warrants, #38227 to 38387, from March 3 to 16, 1991, in the amount of $122,371.63, and the general warrants, #50324 to 50492, in the amount of $240,893.03. 7b. Authorized the City Manager to send a letter to the Community Development Commission, supporting their Section 8 and Public Housing applications, and that they are consistent with the City's General Plan. 7c. Adopted Ordinance No. 918, Adding a New Article 5 to Chapter 6, Division 1 of the Ukiah City Code, Regulating Lease-Purchasing, and Amending Section 1522 of the Code, Regulating Open Market Purchasing and Contractual Services. 7d. Awarded the contract to T.D.M. Construction for sidewalk reconstruction, Specification No. 91-02, at various locations, in the amount of $27,767.50. 7e. Adopted Resolution No. 91-50, Waiving 60 day Noticing Requirement for County of Mendocino to Lease Building at 784 North State Street. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 8. Comments from the Audience No one came forward. NEW BUSINESS 10a. Adoption of Resolution Declarinq Policy to Not Accept Individual General Plan Amendment Applications The Community Development Director reported that this proposed policy to not accept any General Plan applications while the Growth Management Plan/General Plan Revision Project is in process, minimizes incremental approaches to the existing General Plan and allows the City to remain committed to a comprehensive evaluation to the Plan. Kitty Hammond, 5300 North State Street, questioned what will happen to her application that has been awaiting approval since July 1990. The Community Development Director noted he is unaware of this application and that her application is probably with the County, as her address is out of the city limits. Discussion ensued regarding a possible sunset clause, any interested possible applicants and the projected time of 15 months for completion of the General Plan process. M/S McMichael/Schneiter to adopt Resolution No. 91-51, declaring that the City of Ukiah will not consider individual applications for amendment of its General Plan until completion of the Growth Management/General Plan amendment process currently underway. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Mayor Henderson commented she hopes that every effort will be made to conscientiously do the update of the General Plan in a timely manner. The City Attorney noted that this Resolution could be amended at a later date, if there is an extension of time due to unforeseen circumstances. Reg. Mtg. April 3, 1991 Page 2 103 PUBLIC HEARING 9a. Zone Chanqe Application No. 90-84, as filed by Tom P. Hill, for a change of zone from R-i, R-l-H-2, and R-l-H-4 to P.D., Planned Development District for that 7.42-acre site located at 110 Highland Avenue (at the westerly terminus of West Church Street), Assessor's Parcel No. 001-201-04. Mayor Henderson polled the Council as to which Councilmembers have viewed the site. All Councilmembers and Mayor Henderson acknowledged they have viewed the site. The Community Development Director reported that the Planning Commission approved this change of zone to Planned Development with conditions, at their meeting of February 27, 1991. He noted that seven single family parcels and a cul-de-sac street are proposed with six new dwelling units to be constructed with the density consistent with the General Plan. He noted that staff believes that the project will meet a housing market demand, retains appropriate hillside open space and does not significantly impact the community. He conducted a slide presentation showing the land and the proposed sites of development on the parcel. Councilmember Shoemaker questioned and discussion ensued r~garding the proposed footprints of the possible future home size, limitation of future development on the upper steep parcel, measurement procedures for the proposed home on lot No. 6 with the restricted 24 foot height, special study requirements for Residential Hillside zones and Planned Development requirements are as stringent as R-H zones requirements. Councilmember Wattenburger noted that the requirement for residential sprinklers for wildland fire prevention on lots 4, 5, and 6 is not mentioned in the negative declaration of environmental impact mitigation proposals. The Community Development Director noted they were inadvertently omitted and will be included to Page 3 No. 1 of the mitigation proposals. ' ' PUBLIC HEARING OPEN - 7:27 p.m. George Rau, 100 North Pine Street, Project Engineer for Mr. Hill, stated they concur with staff recommendations for mitigation procedures and noted the footprints shown are only the maximum possible for each lot. He commented that it is their intent to come back with a tentative subdivision map. Councilmember Shoemaker discussed the proposed grading on lot 6 with Mr. Rau. Mr. Rau requested that a letter showing support for the development, from Gary Nix, be entered into the record. The Mayor noted the City Clerk had received and distributed this letter from Mr. Nix. Max Kroniger, 1107 West Church Street, requested withdrawal of his three requests in his March 25, 1991 letter regarding this zone change. He stated he has talked extensively with the developer and approves of this development wholeheartedly. Ted Feibusch, 240 South Highland Avenue, stated he has enjoyed his residence and surrounding area for 30 years and feels this is the best proposed development of this parcel he has seen, and encouraged Council to approve this zone change. No others came forward. PUBLIC HEARING CLOSED - 7:36 p.m. Reg. Mtg. April 3, 1991 Page 3 104 9ai. Find Neqative Declaration Adequate and Complete M/S McMichael/Wattenburger to add the amendment requiring residential fire sprinklers on lots 4, 5, and 6 to Page 3, mitigation proposal No. 1 of the Negative Declaration, and find the Negative Declaration of Environmental Impact adequate and complete, with the amendment. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 9aii. Introduction of Ordinance Amending Chapter 2, Division 9, of the Ukiah City Code by Rezoning Property from Existing R-I, R-l-H-2 and R-l-H-4 Zones to Planned Development (Zone Change Application No. 90-84) M/S McMichael/Shoemaker to read the title only of the proposed Ordinance for its first reading. The motion was carried by a unanimous voice vote of all AYE. The City Clerk read the title only of the proposed Ordinance. M/S McMichael/Shoemaker to introduce the Ordinance, Amending Chapter 2, Division 9, of the Ukiah City Code by Rezoning Property from Existing R-i, R-l-H-2 and R-l-H-4 Zones to Planned Development (Zone Change Application No. 90-84). The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 9aiii. Introduction of Ordinance Approvinq PlanneF Development No. 90-84, Thomas P. Hill M/S Schneiter/Shoemaker to read the title only for the first reading of the proposed Ordinance. The motion was carried by a unanimous voice vote of all AYE. The City Clerk read the title only of the proposed Ordinance. M/S Schneiter/Wattenburger to introduce the Ordinance approving Planned Development No. 90-84, Thomas P. Hill. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 9b. Appeal of Planning Commission's partial denial of Varianco Application No. 91-2, as filed by F.F. McFadden, to extend existing eight foot board and lattice fence alonq east property line, at 401 Oak Park Street. Mayor Henderson polled the Council as to which Councilmembers have viewed the site. All Councilmembers and Mayor Henderson acknowledged they have viewed the site. The Community Development Director reported on the Planning Commission's partial denial of Variance Application No. 91-2, at their meeting of February 27, 1991. He noted the basis for the Planning Commission's denial of the overheight fence along the eastern propoerty line was the potential impact on light and ventilation to the adjacent property to the east and that necessary findings could not be made. The Community Development Director presented slides of the subject property fence. PUBLIC HEARING OPEN - 7:47 p.m. Sharon Kiichli, 817 West Clay Street, stated she is the westside neighbor of the east fence that is in question. She explained that the home she lives in is a long home that borders this subject fence, and she commented that if this fence is extended two feet higher, sunlight, airflow and view would affect her home's heating and cooling ability. She clarified Reg. Mtg. April 3, 1991 Page 4 105 that this requested two foot height extension is not for pool security as the pool will have its own surrounding security fence. Fontaine McFadden, 1761 Acorn Way, explained her request for this two foot height extension of the eastern fence is to ensure continuity of the existing fence and to provide privacy to both homes as their respective windows look at each other. She stated the lattice composition of this 2 foot extension would not significantly affect airflow or sunlight. She read a letter from the owner of the neighboring property, Warren Ware, 11500 Oat Gap Road, Potter Valley, stating: "I feel the eight foot fence would provide privacy for both properties and would continue the line of the existing eight foot fence that runs the length of my backyard. I'm aware that my tenant, Sharon Kiichli, opposes the eight foot fence, based on her idea that it would interfere with the solar heat gain of her west facing wall. I feel the heat loss by a small amount of fence shadow late in the evening on a winter day is negligible. As the owner of the property, I urge the Council to approve the variance for an eight foot fence." Ms. McFadden, stated her south property line fence has an eight foot fence already composed of two feet of lattice along the top, and this is why her adjoining neighbor, Mr. Ware, and herself, are interested in continuing the already existing fence. No others came forward. PUBLIC HEARING CLOSED - 7:53 p.m. Discussion ensued regarding Ms. Kiichli's home construction and beginning window height, if there are other variances similar, possible findings that could be made, and summer and winter shading conditions of the neighboring home due to the existing fence and a two foot extension. Councilmember Schneiter, McMichael and Shoemaker indicated they could not make findings in this situation. M/S Schneiter/Shoemaker to uphold the Planning Commission's denial of the variance and deny the appeal by F. McFadden. The motion was carried by the following roll call vote: AYES: McMichael, Wattenburger, Shoemaker, and Schneiter. NOES: Mayor Henderson. NEW BUSINESS (cont.) 10b. Approval of Inter-Agency Agreement for Mendocino County Drug Task Force The City Manager reported this proposed agreement is a renewal of the Inter-Agency Agreement between the State of California, the County of Mendocino, and the Cities of Ukiah, Ft. Bragg and Willits for the Mendocino County Task Force, and noted there are no changes from the previous approved agreements. Discussion ensued regarding confiscated property of cash or vehicles distribution in proportion to the participants in the Task Force, and if there are provisions to pay for possible hazardous material handling costs. The Public Safety Director noted there is a cost recovery program available for clean up of these materials. M/S Wattenburger/Schneiter to approve the Inter-Agency Agreement for Mendocino County Drug Task Force. The motion was carried by the following roll call vote: AYES: McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Reg. Mtg. April 3, 1991 Page 5 COUNCIL REPORTS Councilmember Wattenburger Reported on the Valley Wide Task Force and Mendocino Transit Authority meetings he attended. He commended the excellent performance by the City of Ukiah Public Safety Department on the N. Bush Street fire that he was able to observe. Councilmember Shoemaker Reported on the Water Quality Control Board meeting he attended. Stated he is still concerned about more freeway access on Perkins and feels we should address this issue, commented that the Planning Commissioners should also be required to visit sites prior to deliberations, and requested the matter of a Heritage Tree Ordinance be agendized for Council to consider-He reported on the Mendocino Solid Waste JPA meeting he attended, and commented he was very impressed with the Fire Captain and Operations Commander Assessment Center process. Councilmember Schneiter Noted he would like the City to obtain a membership in the Local Government Commission, and reported on the NCPA and LAFCO meetings he attended. Mayor Henderson Reported on the REMIF meeting she attended and noted she has heard concerns from senior citizens about the recycling bins being too heavy to carry to the curb. CITY MANAGER/DEPARTMENT HEAD REPORTS The City Manager reminded Council of the Joint Council/Planning Commission meeting on April 10, 1991. 13. CLOSED SESSION The City Attorney noted the need for a motion to meet in Closed Session, under the potential litigation exception of the Brown Act, Government Code Section 54956.9(c). M/S Schneiter/Shoemaker to go into Closed Session as recommended by the City Attorney. The motion was carried by the following roll call vote: AYES: McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Recess - 8:22 p.m. Reconvened - 8:27 p.m. Council entered Closed Session at 8:27 p.m. Council came out of Closed Session at 9:17 p.m. The City Attorney noted no action was taken. ADJOURNMENT There being no further business, the meeting was adjourned to April 10, 1991, at 7:00 a.m., in the Civic Center Council Chambers for a joint meeting and orientation with the Planning Commission. ~h~M~~.~/~//~~., CCMIN.59 C y ~~ay, C..~y Clerk Reg. Mtg. April 3, 1991 Page 6