Loading...
HomeMy WebLinkAboutMin 11-20-90MINUTES OF THE CITY COUNCIL OF THF CITY OF UKIAH - November 20, 1990 The City Council convened in a regular meeting at 6:33 p.m., in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. The following Councilmembers were present at roll call: McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Assistant City Manager Horsley, Community Development Director Harris, Public Works Director Goforth, City Engineer Beard, Finance Director Vara, Police Captain Budrow, Sun House/Grace Hudson Museum Director and Acting Community Service Director Heise. INVOCATION/PLEDGE OF ALLF. GIANCE Mayor Henderson delivered the Invocation and Councilmember Shoemaker led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES 4a. Regular Adjourned Meeting of November 5, 1990 M/S McMichael/Schneiter approved the minutes of the regular adjourned meeting of November 5, 1990, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. 4b. Regular Meeting of November 7, 1990 M/S Schneiter/McMichael approved the minutes of the regular meeting of November 7, 1990, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. 5. Right to Appeal Decision Mayor Henderson reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. 6. Consent Calendar The City Manager pulled Item 6e. Adoption of Resolution Expanding Cultural Arts Advisory Board as this item requires an enabling Ordinance and will be returned on the next Council Agenda of December 5, 1990. It was the general consensus of Council to agree to this request. M/S Schneiter/Wattenburger to approve the Consent Calendar as follows: 6a. Approved the Payroll Warrants dated from October 28, 1990 to November 10, 1990, #36664 to 36828, in the amount of $122,378.01, and the General Warrants, #48590 to 48729, in the amount of $682,557.31. 6b. Denied the claim for damages from Melvin Brass, and referred it to the insurance carrier, R.E.M.I.F. 6c. Awarded the bid for a new 1/2 ton Van to Ken Fowler Motors, Inc., in the amount of $14,122.38 (including sales tax after January 1, 1991). 6d. Adopted Resolution No. 91-28, Amending Resolution No. 91-27, Completing the Appointments to the Growth Management Steering Committee. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 50 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. NEW BUSINESS 9a. Review of Ukiah Code Section 4424, Reqarding Garbaqe Can Location Pat Stefani, 225 Washington Avenue, stated she has observed a problem throughout the City with non compliance with a City Code that states garbage cans are not to be visible from the street. She requested the City to either enforce the Code or abolish it and suggested that the City meter readers could be used for enforcement notification. Discussion ensued regarding enforcement process, current processing of complaints, and possible enforcement criteria. M/S Schneiter/Shoemaker to take no action on this matter and therefore allow the current Ordinance to remain in the code. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: Councilmember McMichael. The City Manager stated that if any problems with non compliance are brought to his attention, the City will work the problem out with the property owner. Recess: 6:59 p.m. Reconvene: 7:02 p.m. PUBLIC HEARINGS Sa. Appeal of Planning Commission Condition of Approval Regarding Off Site Parking Requirement for Variance Application, No. 90-71, granted to Henry Wong, for a proposed commercial and residential buildinq located at 519 South School Street zoned C-i, Light Commercial District. ' M/S McMichael/Schneiter to continue this matter, as per the request of the applicant, to December 19, 1990. The motion was carried by an unanimous voice vote of all AYE. 8b. Appeal of Planninq Commissions denial of Variance ADplication No. 90-70, as filed by Phranklin and Maggie Apfel, for a variance from the on-site parking requirement for a 5,200 sq. ft. buildinq for office use at 302 West Henry Street, zoned C-i, Light Commercial District. Mayor Henderson polled the Council as to whether they, as individuals, have viewed the site. All Councilmembers answered yes, they had viewed the site. The Community Development Director reported the applicant is proposing to convert a single-family dwelling to office use for the 5,200 sq. ft. building which has a 20 parking space requirement which the applicant has applied for a variance from the on-site parking requirement to permit 17 off-site parking spaces to be leased from the City parking lot located 500 feet east of the building. He reported that at the Planning Commission meeting of October ~n 1990, neighbors raised objections and the Planning Commis denied the application as they felt there was enough parking on a parcel owned contiguous to the subject property. The Community Development Director noted additional information from the City Finance Director has confirmed that there are 17 spaces available to lease in the School and Henry Street City parking lot. The City Attorney indicated he has an interest in this matter as the parking lot is across the street from his office and he does Reg. Mtg November 20, 1990 Page 2 51 not wish to lose his parking space, but he stated he does not feel it exceeds a value of $1,000. PUBLIC HEARING OPEN - 7:12 p.m. Ned Walsh, 713 N. Spring Street, stated he will be the tenant of this building and is the Administrator of the County Drug and Alcohol Rehabilitation Program. He reported on his proposed use and services and he guaranteed that the people using these services will park in the proposed area of the City parking lot as they will not be provided his agency's services if they do not comply. He commented he will address all neighbors concerns as he wishes to be a good neighbor. He explained to Council that his program's funded amount is 2 million dollars with only 2% funded by the County. Myrna Oglesby, 169 Mason Street, attorney for the appellants, stated the proposed parking solution eliminates neighbors concerns and possible conflicts, is not a grant of special privilege as the City has granted off site parking variances to other commercial uses by leasing City owned parking spaces in nearby location, and assured the Council that these parking conditions will be enforced. She described the process the tenant proposes for enforcement and explained, the type and number of programs and people using these services. She advised that the second option of paving the contiguous lot for parking would be a waste of a valuable lot and possibly affect the bordering creek with water run off. She distributed a list of proposed findings and conditions she recommended for granting of this variance. The Community Development Director recommended that 17 required parking spaces should be noted in the conditions. Ron Coots, 427 N. Oak Street, stated he is concerned about the parking as he lives across the street from the subject property and noted he has spoken with Mr. Walsh, and feels comfortable with his assurances, but feels it is important to remember that this application is from the Apfels, and they may choose to rent this property to others who may not enforce the parking requirements. PUBLIC HEARING CLOSED - 7:33 p.m. Discussion ensued regarding permitted use, commercial zoning, how to require parking enforcement and compliance by future tenants. Mr. Walsh stated he would be willing to discontinue services to clients that do not comply with the parking requirements and is willing to come back to the City to discuss any future problems. The City Attorney advised that a variance can be conditioned to a specific tenant and use, with the lease that specifies the tenant with wording to be approved by the City Attorney and the signed copy of the lease to be filed with the Community Development Department so they know if the variance is revoked then the lease terminates. He offered wording for a condition for an enforcement program. Councilmember Shoemaker expressed concern for further commercial development on a lot that already has a commercial nursery on it and feels this variance should be tailored to the proposed tenants of the Apfels. Mayor Henderson stated this proposal makes sense but she has her doubts as to whether it will work in reality. Mrs. Oglesby stated she is concerned about the restriction of commercial use to one tenant only as her client's ability to make a commercial use out of a commercially zoned property would be restricted. Reg. Mtg November 20, 1990 Page 3 52 Discussion ensued regarding proposed wording in the conditions. M/S McMichael/Wattenburger to approve Variance Application No. 90-70, based on the following findings: 1)The unusual circumstance of this property is that it has been zoned commercially but the existing building is of historical significance and requiring the construction of on-site parking would destroy the character of the property; 2) This variance will not be a grant of special privilege as similar variances have been granted for off street, off-site parking; 3) This variance will not be detrimental to the health, safety, or welfare of persons residing or working in the area; with the following conditions; 1) So long as the subject property is utilized for clinical and therapeutic or similar uses, the 17 off street parking spaces shall be assured in some manner; 2) Required parking for this use will be provided within walking distance of the use; 3) The property owner shall secure a lease of 17 parking spaces in the City of Ukiah's Henry/School Street parking lot for use by employees and invitees for offices located at 302 West Henry Street and said lease shall be for a minimum of 5 years. In addition to the parking lease, the 17 spaces within said parking lot shall be designated by signage; 4) Persons present on the premises , including employees and invitees will be required to park in the specified off street parking; 5) There will be a parking policy, to be approved by the Community Development Director, which will include a sign (similar to exhibit presented tonight) located on the premises to notice the location of the designated parking spaces, sign is to include phone number of the office of the user of the facility. Discussion ensued regarding assurances of compliance. Councilmember McMichael amended his motion to include an additional condition of 6) The parking policy would be required to be followed with a review by the Planning Commission, of the applicant and this variance in one year. The maker of the second, Councilmember Wattenburger agreed to this amendment. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Schneiter and Mayor Henderson. NOES: Councilmember Shoemaker. Recess 8:15 p.m. Reconvene 8:23 p.m. 8c. Consideration of Resolution Revisinq Rates at the Ukiah Municipal Airport pertaininq to Administration Buildinq Rental, Hanqar Rental Fees, Airplane Tie Down Fees and Shop Buildin9, Rental Fees. The City Engineer reported on the Airport Commission's October 9, 1990 meeting and their recommendations for increasing fees approximately 9%, pertaining to administration building rental rates, hangar rental rates, tie-down fees, and shop building rental rates. He noted this increase will off set the increasing annual maintenance for these buildings. PUBLIC HEARING OPEN - 8:28 p.m. No one came forward. PUBLIC HEARING CLOSED - 8:29 p.m. Discussion ensued regarding a possible additional increase in these fees of 10% for establishing a special fund for projects desired by the Airport Commission. M/S Shoemaker/McMichael to refer this matter back to the Airport Commission with the recommendation of approximately 10 to 12% increase in the proposed fees with 10% of the total fees going to a capital improvement fund for the Airport. The motion failed by the following roll call vote: AYES: Councilmembers McMichael and Shoemaker. NOES: Councilmembers Wattenburger, Schneiter and Mayor Henderson. Reg. Mtg November 20, 1990 Page 4 53 The City Manager recommended that the Airport Commission could develop a fee for capitol improvements at the Airport in the future. It was the general consensus of Council for the Airport Commission to consider a future rate increase to solely support needed capitol improvements at the Airport. Councilmember Schneiter stated that we should accept the recommendations of all Council appointed committees. M/S Schneiter/Wattenburger to adopt Resolution No. 91-29, Establishing the Rental Rate at the City of Ukiah Municipal Airport Administration Building; to adopt Resolution No. 91-30, Establishing the Rental Rates for Hangars and Hangar Offices at the City of Ukiah Municipal Airport; to adopt Resolution No. 91-31, Establishing Tie-Down Fees at the City of Ukiah Municipal Airport; to adopt Resolution No. 91-32, Establishing the Rental and Lease Rates at the City of Ukiah Municipal Airport for Various Buildings and Lands. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Schneiter and Mayor Henderson. NOES: Councilmember Shoemaker. NEW BUSINESS 9b. Presentation of the Preliminary Water Treatment Plant. Desiqn and Request for Authorization to Proceed with Final Design of Water Treatment Plant The Public Works Director reported on the background of the Ranney Well collector, the 1976 Kennedy/Jenks/Chilton engineering study, the 1986 State Department and Health Services determination of compliance to State water standards for surface waters, and the $2.8 million dollar low interest loan obtained last spring for construction of water treatment facilities. He noted that HDR Engineering was awarded the bid for engineering services for a pre-design study, final design and construction engineering for a 6 million gallon per day capacity water filtration plant that could be expanded to a 12 million gallon per day capacity. He reported an increase of $3 to $4 service per month per water customer will be needed to cover the total estimated cost of $4,095,000 with water volume rates increasing to cover the increased operation and maintenance cost of the new treatment plant. Sig Hansen, project consultant for HDR Engineering, Inc. and principal engineer for this project, conducted a slide presentation for Council regarding the proposed plant and costs. Discussion ensued regarding the reasons for todays increased costs over the amount of the estimates used to apply for the State Safe Drinking Water Loan. In Mr. Hansen's letter of transmittal and during his slide presentation, he reported that with the advent of substantially stricter water quality regulation, more rigorous environmental controls on storage and use of hazardous treatment chemicals like chlorine, sodium hydroxide and aluminum sulphate, treatment plant construction costs have risen sharply in the past 10 years. Consequently, preliminary projections of expected treatment plant construction cost, taken from the 1976 Kennedy Engineers report for the purpose of applying for the State Loan do not accurately predict the current expected cost of these facilities. It was also pointed out by staff, that the total estimated $4.095 million dollar estimate includes a construction cost estimate of $2,981,000, a $596,000 contingency, $323,000 engineering costs and $195,000 for the State Loan Administration fee. M/S Shoemaker/Schneiter to approve the pre-design study and authorize HDR Engineering, Inc. to proceed with the final design and authorized staff to go out to bid for the Reg. Mtg November 20, 1990 Page 5 construction of the new water treatment plant after they are satisfied with the specifications. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 9c. Set Date for a Study Session/Workshop regardinq Water Riqhts It was the general consensus of Council to meet January 9, 1990, at 7:00 a.m. in Conference Room 3, in the Civic Center for a Water Rights Study Session. 9d. Approval of Professional Services Contract for Republishinq, Indexinq and Supplementation of the Ukiah Municipal Code Book The City Clerk reported on the need to update the current code book which has been done in house since the 1966 codification of the Ukiah Code. She reported there are 23 Ordinances not yet entered into the Code book and noted that with 80% of the Ukiah Code book on computer diskette it is advantageous at this time to contract with a professional code book company for the reprinting and updating of the entire code book that will also provide a much needed index to allow easier use by all staff. She noted that request for proposals were sent October 17, 1990 and opened on November 7, 1990 with the lowest and most complete proposal submitted by Sterling Codifiers, Inc. to provide (30) republished, updated Code Books with a new index in an amount of $3090, plus $16 per page of Ordinances to supplement into the code. She indicated that $2,500 has been budgeted for this service and an authorization for a budget adjustment would be needed if Council approves this project. M/S Schneiter/McMichael to accept the proposal of Sterling Codifiers, Inc., and not to exceed the amount indicated in the proposal and directed the City Attorney to draft the agreement and authorized a budget adjustment of $1,500 into Account 100-1101-250. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 9e. Annual Auditors Report for Fiscal Year 1989-90 The Finance Director reported on the Annual Auditor's Report received from Davis Hammond and Company whose qualified opinion resulted with one exception dealing with the effects of recording fixed asset dispositions and the resulting depreciation. He stated that due to the time and expense involved in determining historical valuations for all fixed assets and property of the City of Ukiah, this is common to cities the size of Ukiah. He noted that this is a brief review and a more in depth report will be provided at the mid year budget review. M/S Schneiter/McMichael to accept the Audit report for the City of Ukiah from Davis Hammond and Company, Certified Public Accountants, for the year ended June 30, 1990. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 9f. Authorize Letter Endorsing Property Annexation Application to LAFCO by Ukiah Valley Fire Protection District The City Manager reported staff is researching this matter further and will report back to Council at the December 19, 1990 Council meeting. It was the general consensus of Council to receive and file this item. Reg. Mtg November 20, 1990 Page 6 55 9q. Approval of Agreement for Settlement of Ukiah Valley Fire Protection District Lawsuit The City Attorney recommended discussing this matter in Closed Session as allowed under the pending litigation exception to the Brown Act, and advised a motion is necessary to do so. M/S Schneiter/Wattenburger to go into Closed Session to discuss a settlement agreement and general release regarding pending litigation Ukiah Valley Fire Protection District v. City or Ukiah,Mendocino County Superior Court Case No. 56504. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. It was the general consensus of Council to finish other business on the Agenda before going into Closed Session. CITY COUNCIL REPORTS Councilmember McMichael Noted he will be out of town during the next Mobile City Hall and encouraged Council to attend this event. Councilmember Wattenburger Reported on the Veterans Day plaque dedication he attended at the Civic Center, and the Mendocino Transit Authority meeting he attended. Councilmember Schneiter Reported on the MCOG meeting he attended. Councilmember Shoemaker Noted the Christmas Tree Lighting Ceremony is the 26th at 7:00 p.m. here at the Civic Center, the first Mendocino Solid Waste Joint Powers Authority meeting is tomorrow and he plans to attend. Mayor Henderson Noted the new R.E.M.I.F administration building dedication ceremony is December 7, 1990. Recessed to Redevelopment - 10:15 p.m. Reconvened - 10:17 p.m. Council went into Closed Session at 10:17 p.m. Council came out of Closed Session at 10:44 p.m. 9q. Approval of Agreement for Settlement of Ukiah Valley Firo Protection District Lawsuit M/S Wattenburger/McMichael to approve the agreement with Ukiah Valley Fire Protection District. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger and Schneiter. NOES: Councilmember Shoemaker and Henderson. ADJOURNMENT There being no further business, 10:45 p.m. CCMIN.49 meeting was adjourned at Reg. Mtg November 20, 1990 Page 7