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HomeMy WebLinkAboutMin 12-05-9056 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - December 5, 1990 The City Council convened in a regular meeting at 6:35 p.m., in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. The following Councilmembers were present: McMichael, Wattenburger, Shoemaker, and Vice-Mayor Schneiter. Mayor Henderson was absent. Staff present: City Treasurer Ranochak, City Manager Rough, City Attorney Rapport, Electric Utilities Director Roper, Assistant City Manager Horsley, Community Development Director Harris, Executive Assistant Stamelos, Public Works Director Goforth, City Engineer Beard, Finance Director Vara, Police Chief Keplinger, Acting Community Services Director Heise, Sun House/Grace Hudson Museum Director Abel-Vidor, and Recording Secretary Kinch. INVOCATION/PLEDGE OF ALLEGIANCE The City Manager delivered the Invocation and Vice-Mayor Schneiter led the Pledge of Allegiance. SPECIAL ORDER OF BUSINESS 4a. Commendation to Past Civil Service Commissioners Vice-Mayor Schneiter read and presented a commendation from the City of Ukiah to Leo Cook and noted the commendation for Bruce Crook, Sr. will be forwarded to him as he was unable to attend this meeting. 5. Introduction of New Employee - Robert Sawyer Principal Planner ' The Community Development Director introduced Robert Sawyer as the new Principal Planner and provided a brief biography to Council. APPROVAL/CORRECTION OF CITY COUNCIL MINUTES 6a. Regular Adjourned Meeting of November 13, 1990 Councilmember McMichael made the following change; Page 1, 6th paragraph, last sentence, add "conditioned upon the public hearings" after the word "recommendations.,, M/S McMichael/Wattenburger to approve the minutes of the regular adjourned meeting of November 13, 1990, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker and Vice-Mayor Schneiter. NOES: None. Absent: Mayor Henderson. 6b. Regular Adjourned Meeting of November 14, 1990 M/S McMichael/Wattenburger to approve the minutes of the regular adjourned meeting of November 14, 1990, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker and Vice-Mayor Schneiter. NOES: None. Absent: Mayor Henderson. 6c. Regular Adjourned Meeting of November 20, 1990 Councilmember Wattenburger made the following change to the minutes of the regular adjourned meeting of November 20, 1990 as follows: Page 1, 7th paragraph 1st line, add "Wattenburger" after the word "McMichael.,, ' M/S Wattenburger/McMichael to approve the minutes of the regular adjourned meeting of November 20, 1990, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker and Vice-Mayor Schneiter. NOES: None. Absent: Mayor Henderson. 57 6d. Regular Meetinq of November 20, 1990 M/S McMichael/Wattenburger to approve the minutes of the regular meeting of November 20, 1990, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker and Vice-Mayor Schneiter. NOES: None. Absent: Mayor Henderson. 7. RIGHT TO APPEAL DECISION Vice Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. 8. CONSENT CALW. NDAR M/S Wattenburger/McMichael to approve the Consent Calendar as follows: Sa. Approved the Payroll Warrants dated from November 11, 1990 to November 24, 1990, #36829 to 36995, in the amount of $147,613.40 and the General Warrants, #48730 to 48881, in the amount of $1,462,577.93. 8b. Denied the claim for damages received from Onis William Peebles and referred it to the City's insurance carrier, R.E.M.I.F. 8c. Adopted Resolution No. 90-33, Designating Volunteer City Workers as Employees for Purposes of Worker's Compensation Coverage. Sd. Accepted the work for Water Main Improvements (Spec. No. 90-10) on Betty Street, South State Street, Hazel Avenue, Maple Avenue, Civic Center, Airport Road and Talmage Road as complete, and directed the City Clerk to file the Notice of Completion. 9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. UNFINISHED BUSINESS lla. Consideration of Proposed Reimbursement Policy for Elected .and/or Appointed City Officials, Officers and Employees The City Manager reported that a written policy for reimbursable expenses for City officials will establish a clear and concise statement on the part of the City as to those City incurred expenses that are appropriate for reimbursement by the City. He reviewed his proposed reimbursable and non-reimbursable itemized expenses. Discussion ensued regarding proposed wording regarding miscellaneous items, mileage allowance, use of City vehicles, and education expenses to be approved by the City Manager. Councilmember Shoemaker commented that periodical subscriptions should be allowed for Council. It was the general consensus of Council for this matter to be returned, addressing the concerns, to Council for adoption as a Policy Resolution. llb. Introduction of Ordinance Amending Ordinance No. 911, Expanding the Cultural Arts Advisory Board with the Addition or and Education Representative The City Manager reported that at the Cultural Arts Advisory Board meeting of November 8, 1990, the Board recommended expanding their membership by one to include a representative from education. He noted Oini LaGoia has been highly Reg. Mtg. December 5, 1990 Page 2 58 recommended as she is involved in cultural arts programming in our schools. M/S Shoemaker/McMichael to read the title only of the proposed Ordinance, for the Ordinance's first reading. The motion was carried by a unanimous voice vote of all AYE. The Recording Secretary read the title only. M/S Shoemaker/McMichael to introduce the Ordinance amending Article iA, Section 1011 of Chapter 4, Division 1, of the Ukiah City Code, Regarding Expanding the size of the Cultural Arts Advisory Board (Amends Ordinance 911). The motion was carried by the following roll call vote: AYES: McMichael, Wattenburger, Shoemaker, and Vice-Mayor Schneiter. NOES: None. Absent: Mayor Henderson. llbi. Adoption of Resolution Expanding Appointments to the Cultural Arts Advisory Board M/S McMichael/Wattenburger to adopt Resolution No. 91-34, Expanding Membership of the Cultural Arts Advisory Board (which appoints Oini LaGioia as the Ukiah Unified School District representative). The motion was carried by the following roll call vote: AYES: McMichael, Wattenburger, Shoemaker, and Vice-Mayor Schneiter. NOES: None. Absent: Mayor Henderson. PUBLIC HEARING 10a. Appeal of Planning Commission Denial of Revision of Use Permit No. 89-81, Kassis Investment Co., Regarding Relocation of Trash Collection Facility at Brookside Elderly Housing Complex Located at 1199 South Dora Street, Zoned Planned Development District The Community Development Director reported on the Planning Commission meeting of November 14, 1990, in which the Planning Commission denied a revision to the approved site plan of Use Permit No. 89-81. The requested revision was to relocate the trash collection facility on the south side of the project rather than the north side as originally approved by the Planning Commission and the City Council in the Use Permit. He noted several residents in the area have expressed concern by petitions received regarding odor, litter, collection noise and aesthetics problems associated with the trash enclosure and its location. He commented the appeal letter stated the City was aware of the change and allowed it, but in fact, the City was not notified of any changes from the original approval. Vice-Mayor Schneiter polled the Council as to whether they had viewed the site. All Councilmembers stated they had viewed the site. Vice-Mayor Schneiter asked the City Attorney to advise Council on his opinion, as requested in the appellants letter, as to the rights and duties of the parties regarding: 1.) Is the City estopped from objecting to the change in placement because of its failure to raise this objection in any of the multiple submissions and approvals of the plans previous to October 16, 1990; 2.) Is the change in location one which in fact requires the approval of the Planning Commission, or did the Developer act properly in the change of location? The City Attorney advised if a valid Building Permit is issued, and funds are expended in reliance upon that Permit, you are entitled to rely on that permit and the City cannot prevent you from constructing in accordance to that building permit. This building permit was issued in contravention to a provision of the use permit which was issued before the building permit was issue. The general rule is that a contractor can't rely on defective, potentially defective or invalid building permits. He advised that under our City Code, permits to be valid must be in compliance with all the terms of the zoning code that apply to Reg. Mtg. December 5, 1990 Page 3 59 the area where the construction is to take place. He commented this is a Planned Development zone and the use permit establishes the conditions under 'which development can occur within that area once the Use Permit is approved by the City Council. He stated it is his opinion that since the building permit is inconsistent with the use permit that was approved before the building permit was issued, the developer can not rely on the building permit in order to tell the City it can not stop the builder from building on the south side of the building. Discussion ensued regarding no applicant notification, inspections and compliance with site development measurements, building permit plan check, Use Permits issued without interior configurations shown, and if findings are required. PUBLIC HEARING OPEN - 7:15 p.m. Vincent Angel, neighbor owning 178, 180, 188, 190 and 200 Washington Avenue, stated as his properties are within 100 feet of this project he is protesting noise and smell that will originate from a south location of trash collection. He outlined the history of the project and requested a denial of the requested change to the south site and hopes the north location can be used as originally planned. Pat Stefani, 225 Washington Avenue, stated she is a proponent of this project but is against the location of the trash enclosure on the south side and she reviewed statements she heard at the Planning Commission meeting of November 14, 1990. Jim Kassis, Brookside Retirement Residence developer, stated his attorney's opinion disagrees with the City Attorney, in that as they have spent considerable money on this project in reliance on the permit and the building is complete with very few options for convenient placement or access of this trash enclosure, they can estoppe the City from now asserting we have no right to place it where it is. He noted he is willing to enclose the trash in any way desired by the City or citizens and will move any place on the south side of the complex as he does not want his 66 residents to have to haul their garbage through the middle of the dining, sitting, TV, game rooms, and library to the front entrance. He urged Council to allow for the logical and convenient location near the kitchens on the south side of the complex. Richard Selzer, 234 Fairview Court, expressed concern that the location of the trash enclosure for Brookside Retirement Residence will impact the neighborhood with noise, smell and appearance and feels locating this trash enclosure on the north side will not create any impact as only offices are adjacent. Pat Stefani, offered her rebuttal to Mr. Kassis's statements. Jim Kassis, offered to have the garbage container picked up as often as necessary and noted he has made arrangements with the garbage company to pick up the container after 8:00 a.m. He asked Council to establish conditions for the locating of the trash enclosure to the south as he feels he will mitigate any concerns or impacts associated with the south location. Vice-Mayor Schneiter offered the possibility of storing the trash bags until a more convenient time to move them through the facilities. PUBLIC HEARING CLOSED - 7:52 p.m. Discussion ensued regarding the map and various kitchen site locations, the location at the northern site, and the responsibility of the builder to notify the City of changes in plans. Reg. Mtg. December 5, 1990 Page 4 60 A map noting locations of kitchens in wings C and D of Brookside Retirement Residences was marked Exhibit A and entered into the record. M/S Shoemaker/McMichael to deny the appeal based on the following findings; 1.) The original Use Permit had the trash location facilities at the north site; 2.) Relocation of the trash facilities to the south side of the building would be a detriment to the residences across the street and adjoining the property. The motion was carried by the following roll call vote: AYES: McMichael, Wattenburger, Shoemaker, and Vice-Mayor Schneiter. NOES: None. Absent: Mayor Henderson. UNFINISHED BUSINESS (cont.) llc. Final Report Reqardinq Civic Center Sycamore Trees Mr. John Phillips, Arborist, presented slides regarding his findings and concerns regarding the Sycamore trees located in front of the Civic Center. He is concerned for a high potential for root destruction, even if root barriers are installed, the strong potential for roots lifting sidewalks, curbs and gutters in the narrow planter strip location, the spacing of the sycamores is twice of what it should be, the big oak tree out front located on the northeast lawn is dying, he indicated he needs further information on what the original design purpose was intended for these trees before he can advise Council further, and the immediate need for proper pruning on the sycamores this dormant season. Discussion ensued regarding if there are any underground utilities running under the trees, possible root barriers, if the sycamores are contributing to the dying Oak problems, pleaching and pollarding pruning methods, what the possible original intent of the design purposes for the Sycamores, and the possibility of replacing the Sycamores with Crepe Myrtles. Hazel Bird, 980 Dominican Way, stated the Civic Center and its trees are a piece of art deliberately designed by the architect that can and should be used as an example for future development and urged Council to not damage the visual aesthetics of the Civic Center in exchange for practical purposes. She presented pictures of the very large Sycamore trees on Cypress Avenue that are not buckling the sidewalk. It was the general consensus of Council for staff to report back regarding the costs of all the options pertaining to partial, complete or no removal of the Sycamores, pruning options, Crepe Myrtle substitution, the underground utilities location and impact, design perspectives, timing and phasing, and work with the Arborist to develop options. Hazel Bird, 980 Dominican Way, urged Council to please consider the art design perspectives in their final determinations. NEW BUSINESS 12a. Adoption of Resolution Enacting City Investment Policy The City Treasurer and Finance Director reported that at budget hearings it was indicated that investment policies should be formalized and proceeded to review the proposed investment policy pertaining to the purpose, objectives, and investment objectives that itemize criteria for safety, liquidity and yield, permitted investments and maturities, and the safekeeping of securities. Discussion ensued regarding how the corporate bond ratings are determined, what percentage of funds available to lock up three years, if this policy is flexible enough for the Treasurer and the Finance Director positions, the definition of the "Prudent Man Rule", and the pattern of the amount of funds invested over the last six years. Reg. Mtg. December 5, 1990 Page 5 61 The City Manager indicated this policy reflects a good system of checks and balances for the future and stated he meets regularly with the Treasurer and the Finance Director to discuss investments. He commented that the- Treasurer has done an outstanding job investing City funds in high interest bearing accounts. M/S Shoemaker/Wattenburger to adopt the investment policy as presented by staff. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, and Vice-Mayor Schneiter. NOES: None. Absent: Mayor Henderson. CITY COUNCIL REPORTS Councilmember McMichael Noted he will be out of town this Thursday through next Monday and regrets he will miss the Police Officers Association Awards Dinner Association meeting. Councilmember Wattenburger Reported on his participation in the ride along Police program on November 23, and the meeting he attended regarding the helicopter landing pad at Ukiah Valley Medical Center. Councilmember Shoemaker Reported he was elected Chairman of the Mendocino Solid Waste Management Authority at their first meeting and informed Council of the discussions at that meeting. Vice-Mayor Schneiter Noted the recent vandalism at the newly opened Vinewood Park restrooms, the upcoming Chamber Beautification Award meeting he will attend, the Ukiah Valley Wide Task Force meeting tomorrow, and the Northern California Power Association meeting in Roseville. City Manaqer Report He noted the Mobile City Hall will be conducted at 7:00 p.m. tomorrow night at Yokayo Elementary School and the Redwood Empire Division Business meeting and dinner will be hosted here in Ukiah on January 27, 1990. CLOSED SESSION None. ADJOURNMENT There being no further business, 9:10 p.m. CCMIN.50 ,t~mE Ca~h~~ ~ting w,,a~ adjourned at Wy~j "d '~y Clerk Reg. Mtg. December 5, 1990 Page 6