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HomeMy WebLinkAboutMin 11-07-9038 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - November 7, 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, Community Development Director Harris, Assistant City Manager Horsley, Public Safety Director Keplinger, Assistant Electrical Distribution Engineer Wobig, Public Works Director Goforth, Executive Assistant Stamelos, and City Engineer Beard. INVOCATION/PLEDGE OF ALLEGIANCE The City Clerk delivered the Invocation and Councilmember Schneiter led the Pledge of Allegiance. 4. Introduction of New Employees The Public Safety Director introduced Christopher Dewey, our new Police Officer, and the Public Works Director introduced Sue Goodrick, our new Administrative Analyst for the Public Works Department. 5. Approval/Correction of Minutes of Regular Meeting of October 17, 1990 M/S McMichael/Schneiter approved the minutes of the regular Council meeting of October 17, 1990, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 6. Right to Appeal Mayor Henderson reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. 7. Consent Calendar Hazel Bird, 980 Dominican Way, requested Item 7e. Status Report Regarding Civic Center Sycamore Trees be pulled for discussion. Council agreed and the item became New Business Item 12c. M/S Schneiter/Wattenburger to approve the Consent Calendar as follows: 7a. Approved the Payroll Warrants dated from September 30, 1990 to October 13, 1990, #36343 to 36502, in the amount of $237,323.42 and the General Warrants, #48337 to 48575, in the amount of $467,167.96. 7b. Denied the claim for damages from Margaret Lingenfelter and referred it to the insurance carrier, R.E.M.I.F. 7c. Awarded the bid for a Four Wheel Drive Rotary Mower to Lampson Tractor and Equipment Co., in the amount of $14,250.00 (including sales tax). 7d. Awarded the contract for Tree Trimming Services for various locations within the City of Ukiah, to H & M Tree Service, in the amount of $22.50 per man hour. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 8. Audience Comments on Non-Agenda Items No one came forward. PETITIONS AND COMMUNICATIONS 10a. Petition Received Requestinq Resurfacinq of Ukiah Hiqh School Tennis Courts The Community Services Director reported the petitions received were circulated by the City Tennis Instructor, Rosalind Peterson, which requested the City and the Ukiah Unified School District to resurface the tennis courts at the Ukiah High School. The petitions requested that the 1988 Park Bond funds of $40,000 be used for this purpose and were presented to the Community Services Commission at their October 15, 1990 meeting. He noted the Commission requested staff to report back on the condition of all City tennis courts. Discussion ensued regarding the Park Bond funds, estimates for court repair and why the City of Ukiah is involved. The City Manager explained the history of the construction of facilities at the High School with State grant funds that were obtained by the City with wording in the agreement stating that maintenance was to be performed by the School District. Rosalind Peterson, 1481 N. Bush Street, stated the tennis courts are considered a City Park on School District land with the agreement interpreted by the School District to provide maintenance of the grounds only. She indicated the estimates she has received for resurfacing are approximately $24,500. She commented she has discussed this with the school district and they indicate they cannot afford the total cost but would be willing to share the costs. She explained the construction of the courts and how the damage is occurring. She offered to help facilitate a cost sharing agreement between all interested parties. Councilmember Schneiter stated he would like staff to look into who is legally responsible for the repair and maintenance of these courts. It was the general consensus of Council to refer this matter to the Community Services Commission and to staff, to look at what can be worked out regarding this request. UNFINISHED BUSINESS lla. Adoption of Resolution Appointinq Planninq Commissioner Mayor Henderson reported that Council has interviewed seven candidates that applied for the one Planning Commission vacancy and indicated they were all very impressive. She questioned the City Attorney regarding if an eligibility list could be maintained for six months, in the event of future vacancies. The City Attorney stated that an eligibility list can be established, but any future vacancies must be noticed with additional applicants to be interviewed by Council and then added to the eligibility list. M/S McMichael/Schneiter to create an eligibility list of the remaining Planning Commissioner applicants that were interviewed but not appointed at this time, and to keep this list for six months only. The motion was carried by a unanimous voice vote of all AYE. Mayor Henderson nominated Richard Long. Councilmember Schneiter seconded the nomination. Councilmember McMichael commented that all applicant's qualifications were very good and encouraged them to stay interested as future vacancies may be occurring on the Planning Commission. The nomination and appointment of Richard Long to the Planning Commission vacancy created by Sheridan Malones resignation, Reg. Mtg. November 7, 1990 Page 2 40 was approved by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. PUBLIC HEARING 9a. Appeal of Planninq Commission's Condition of Approval Requiring Property Dedication on Evans Street for Use Permit. Application No. 90-58, as filed by Patrick and Jone Duggan, 801 North State Street The Community Development Director reported on the Planning Commission's meeting in which the City Engineer assisted in the application of Policy Resolution No. 5, regarding required street improvements with building permits issued in commercial districts. He noted the applicant expressed concern for the existing Redwood tree being impacted by the widening of Evans Street and noted the City Engineer has developed a design that will accommodate the tree, in attachment No.5 in the agenda packet. Mayor Henderson polled the Council as to which Councilmembers have viewed the site. All Councilmembers stated they had viewed the site. Discussion ensued regarding the location of the center line of the street, location of curbs, gutters and sidewalks, amount of excavation necessary for curbs and gutters, and light pole relocation. PUBLIC HEARING OPEN - 7:09 p.m. Patrick Duggan, 801 North State Street, stated the arborist he hired has advised that the pouring of concrete or asphalt near this redwood tree will kill it and requested that the sidewalk be kept to the south side of the tree to keep all covering to one side therefore allowing one side to remain uncovered. He commented he is not against the widening of the street, but wants to save the tree. Discussion ensued regarding location and planter strip. No others came forward to address this matter. PUBLIC HEARING CLOSED - 7:17 p.m. Discussion ensued regarding street tree conformance, planter width, parking, and sidewalk location and configuration. Councilmember Schneiter questioned the City Attorney regarding modification of the Use Permit and findings. The City Attorney advised Council if they modify the conditions of the Use Permit approved by the Planning Commission, findings are needed to support the motion. M/S Schneiter/Wattenburger to uphold the appeal by the applicant in modifying condition No. 3 to the extent that the City Engineer work with the applicant to effect the transition of the sidewalk to the south boundary of the property, based on the findings No. 1 The use will not be detrimental to the health, safety and welfare of the persons residing in the area, No. 2 It is not a grant of special privilege and No. 3 The property has an unusual circumstance in that the Redwood Tree would require some mitigation to allow its survival. The City Attorney advised that findings on grant of special privilege and special circumstance are not required for a Use Permit and recommended alternate wording. M/S Schneiter/Wattenburger to amend his prior motion to: the applicant is to work with the City Engineer to provide the street improvements that include sidewalk, curb and gutter on the south side of the property with the curb to be adjacent to Reg. Mtg. ~N0vember ~7, 1990 Page 3 41 the sidewalk with the finding that the use will not be detrimental to the health, safety and welfare of the persons residing in the area. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Recess - 7:31 p.m. Reconvene - 7:37 p.m. NEW BUSINESS 12a. Set Date for Joint City Council/Planning Commission Breakfast Workshop The City Manager reported the last joint study session between the Planning Commission and the City Council occurred on January 31, 1990 and indicated with the appointment of the new Planning Commissioner, it is appropriate at this time to schedule another workshop. It was the general consensus of Council to set the date of November 14, 1990, at 7 a.m., location at the Country Chef Restaurant, 697 South Orchard Avenue, for a Joint City Council/Planning Commission Meeting. 12b. Set Date for Joint City Council/County Supervisors Session It was the general consensus of Council to set the date of November 20, 1990, at 7 a.m., in Conference Room 3 in the Civic Center for a joint meeting with Supervisors Butcher and Redding. 12c. Status Report Reqarding Civic Center Sycamore Trees Hazel Bird, 980 Dominican Way, requested that Council not destroy any of the Sycamore trees now in place in front of the Civic Center as they were designed to create the beautiful appearance that lends to the flow and harmony of the Civic Center, which is the jewel of downtown Ukiah. The City Manager stated that staff is researching alternatives as the Sycamores are placed too close together. Councilmember Shoemaker commented he has requested staff look into the possibility of replacing the trees with a tree that would be more appropriate. The Mayor stated a final report will be forthcoming in a few weeks. M/S Shoemaker/Schneiter to accept the status report. The Motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. CITY COUNCIL REPORTS Councilmember McMichael Discussed the League of California Cities conference session he attended pertaining to Design Review and indicated his continued interest in this topic. Councilmember Wattenburqer None. Councilmember Shoemaker Commended the new interview process for Commissioners and noted his interest in the League of California Cities sessions regarding local government relationships. Councilmember Schneiter Reg. Mtg il0¥ember.7~ 1990 Page 4 Reported on the recent effort to list the federal property on Observatory Avenue as a State historic property and reported on the LAFCO and MCOG meetings he attended. Mayor Henderson Reported the Redwood Empire Division will be having their business meeting here in Ukiah in January. City Manager Reported the next Mobile City Hall will be at Yokayo School on December 6, 1990, from 7:00 to 9:00 p.m., reminded the Council of the Growth Management Steering Committee meeting on November 13, 1990, at 6:30 p.m. and noted the need to have Council present, noted the first Mendocino Solid Waste Authority is meeting December 21, at 9:00 a.m., and reported the EIR Scoping Session for Wal-Mart is November 15, 1990. ADJOURNMENT There being no further business, the meeting was adjourned to November 13, 1990 at 6:30 p.m. for a joint meeting with the Growth Management Steering Committee, in the Civic Center Council Chambers. ! · / ' CCMIN.46 ~~ Ca~h~ VMjKay, Ci~y Clerk Reg. Mtg. ~.N0Vember~7, 1990 Page 5