HomeMy WebLinkAboutMin 09-19-9015
MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - September 19, 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, Schneiter, and Mayor Henderson. Absent:
Councilmember Shoemaker. Staff present: City Clerk McKay, City
Manager Rough, City Attorney Rapport, Community Development
Director Harris, Sun House/Grace Hudson Museum Director
Abel-Vidor, Community Services Director McCarty, Public Works
Director Goforth, Electric Utilities Director Roper, Assistant
City Manager Horsley, Police Chief Keplinger, Executive
Assistant Stamelos, Finance Director Vara, and Deputy Fire Chief
Sandelin.
INVOCATION/PLEDGE OF ALLEGIANCE
Mayor Henderson delivered the Invocation and Councilmember
McMichael led the Pledge of Allegiance.
4. PROCLOMATION FOR PUBLIC POWER WEEK (October 7 - 13, 1990)
Mayor Henderson read and presented the Proclamation to City of
Ukiah Electric Utilities Director Roper.
5. SPECIAL ORDER OF BUSINESS
Mayor Henderson presented Councilmember Wattenburger with his
permanent Mayor's Medal of Valor, in recognition of his life
saving actions in the May 1989 State Hotel fire.
It was at this time the City Manager requested Agenda Item 13b.
Adoption of Resolution Approving Application for Community
Development Block Grant Housinq Study be pulled for more
research to be agendized at a later time.
It was the general consensus of Council to pull Item 13b. and
take up this matter at a later time.
6. INTRODUCTION OF NEW EMPLOYEES
The Community Services Director introduced the new Sun
House/Grace Hudson Museum Curator Dorothy "Dot" Brovarney and
provided a brief biography.
The Police Chief introduced new Police Officer Michael Bazzani
and provided a brief biography.
Councilmember Shoemaker joined the meeting at this time of 6:45
p.m.
The Finance Director introduced the new afternoon part-time
Office Support Clerk Judy Guisti and provided a brief
biography.
7. APPROVAL/CORRECTION OF MINUTES - September 5, 1990
Mayor Henderson made the following corrections to the Regular
Council meeting of September 5, 1990 as follows; Page 2, Item
10bi., 1st paragraph, last sentence, add "Shoemaker", after
the word "Councilmember"; Page 5, 1st paragraph, add "30 days"
after the word "effective", Page 6, second paragraph, last
sentence, change v.s. to vs.; Page 7, Item llg., 1st paragraph,
4th line, change "to" to "too".
M/S Shoemaker/Wattenburger to approve the minutes of the Regular
Council meeting of September 5, 1990, as amended. The motion was
carried by the following roll call vote: AYES: Councilmembers
Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES:
None. ABSENT: None. ABSTAIN: Councilmember McMichael.
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8. RIGHT TO APPEAL
Mayor Henderson reviewed Section 1094.6 of the California Code
of Civil Procedures regarding the appeal process.
9. CONSENT CALENDAR
M/S Schneiter/Wattenburger to approve the Consent Calendar as
follows:
9a. Approved the Payroll Warrants dated August 19, 1990 to
September 1, 1990, #35741 to 36011, in the amount of $142,260.31
and the General Warrants, #47845 to 48001, in the amount of
$1,056,327.07.
9b. Denied the Claims for Damages of Berniece Noyd, Ronald
B. Cole (DBA Ukiah Paper Supply), and Michael R. Moore and
referred the Noyd claim to Johnson and Higgins Insurance
~ompany and the claims of Cole and Moore to the City's
Insurance carrier, R.E.M.I.F.
9c. Adopted Ordinance No. 912, Amending Chapter 5, Division 6 of
the Ukiah City Code (Commencing with Section 5400), Relating to
the Repair of Sidewalks.
9d. Adopted Ordinance No. 913, Adopting the Uniform Code for
Building Conservation.
9e. Adopted Ordinance No. 914, Amending Section 3076a of Chapter
2, Division 3 of the Ukiah City Code, Earthquake Hazard
Reduction in Existing Buildings.
9f. Approved Staff's request to further evaluate the
Unreinforced Masonry Buildings Task Force's recommendation in
the total concept of the Downtown Master Plan.
9g. Reviewed and received the golf course maintenance report.
9h. Reviewed the year round recreation program information and
authorized implementation of this program by January 1991.
9i. Appointed Cynthia Faulkner as a citizen representative to
the Ukiah Recycling Task Force to fill the vacancy created by
the resignation of Denise Hoffman.
9j. Authorized the budget adjustment to add South State Street
water main crossing near Beacon Lane and defer the water main
crossing projects at Clara Avenue/N.W.P. Railroad until fiscal
year 1991-92 and awarded the Water Main Improvement Contract,
Specification No. 90-10, to Pipeline Excavators in the amount of
$92,250.
9k. Approved the annual agreement retaining the Greater Ukiah
Chamber of Commerce for Promotional and Advertising Activities
for the City of Ukiah 1990-1991 in the total amount of $21,000.
91. Received and reviewed the status report regarding Civic
Center Sycamore Trees.
The previous motion was carried by the following roll call vote:
AYES: Councilmembers McMichael, Wattenburger, Shoemaker,
Schneiter, and Mayor Henderson. NOES: None.
At this time, upon the request of the City Manager, the
Assistant City Manager introduced the newly appointed Recycling
Task Force member, Cynthia Faulkner, who briefly provided
background information to Council.
Mayor Henderson noted this action had just occurred as Consent
Item 91. and welcomed Mrs. Faulkner to the Recycling Task
Force.
Reg. Mtg.
September 19, 1990
Page 2
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UNFINISHED BUSINESS
12a. Report and Recommendations Regarding Fall Clean Up Program
The Public Works Director reported on the Recycling Task Force
meeting in which Council suggestions regarding the upcoming Fall
Clean Up week were considered. He noted receiving a letter from
the City's franchise refuse collector offering to provide a call
in pick up and disposal service for appliances, couches, chairs,
etc. for a charge to be determined at the October 3, 1990
garbage rate adjustment Public Hearing.
Discussion ensued regarding furniture items, billing procedures,
compost pick up, citizens drop off process, and the need to
relieve City labor and costs associated with Clean Up Weeks.
M/S Schneiter/McMichael to designate November 5 - 9, 1990 as
City of Ukiah Fall Clean Up Week and approved the following
modifications to Fall Clean Up Week: 1. Delete appliances,
tires, and furniture items for free pick-up and refer inquiries
to the City's franchised refuse collector, Ukiah Solid Waste; 2.
Restrict non-commercial building and remodeling materials to
one cubic yard per dwelling (equivalent to six 30 gallon cans).
Quantities in excess of the allowed one cubic yard to be picked
up by the franchised collector at a charge to be determined
during rate hearings in October, 1990; 3. Restrict yard waste
(prunings, lawn clippings, leaves) to one cubic yard per
dwelling. Quantities in excess of the allowed one cubic yard to
be picked up by the franchised collector at a charge to be
determined during rate hearings in October 1990. Yard waste
shall be separated from other rubbish so that it can be diverted
for composting. The motion was carried by a unanimous voice vote
of all AYE.
PUBLIC HEARING
lla. Appeal of Planning Commission's Approval of Variance
ADDlication No. 90-49, as filed by Mitchell Thorson.
The Community Development Director reported on the approved four
lot minor land division which is approximately one acre that was
granted a variance from the Planning Commission. The Planning
Commission approved designation of the west property line as the
parcel frontage since the access is taken from the common 35
foot driveway on the west side of the development. He stated the
appeal has been filed by George Ginochio, Sr. which noted
the intent to address environmental and traffic issues. He
advised Council that this appeal may only address the variance
issues.
Mayor Henderson polled the Council as to who had viewed the
site, and all Councilmembers indicated they had viewed the site.
Discussion ensued regarding possible future structure
orientation, private/public road dedication and requirements.
PUBLIC HEARING - Open 7:18 p.m.
George Ginochio, representative for the Beacon Lane
neighborhood, expressed concern for increased traffic on a one
way alley which was not addressed at the Planning Commission and
indicated the first Public Hearing was not adequately noticed.
He stated two story homes will create a loss of privacy in
existing neighboring homes and requested that Council deny the
15 foot setback and only allow 5 feet instead.
George Rau, 100 North Pine, stated he is representing the
applicant Mitchell Thorson and commented that the 15 foot set
back is to provide more back space.
Toker Johnston, 360 Beacon Lane, stated he attended the June
Public Hearing and had no objections to this development at that
time but is now concerned about becoming closed in by existing
Reg. Mtg.
September 19, 1990
Page 3
18
two story apartments to the west of him and the proposed two
story home to the east of him which would block his air low
through his yard and home.
PUBLIC HEARING - Closed 7:29 p.m.
Discussion ensued regarding Beacon Lane being a public street
and possible future widening.
Councilmember Schneiter commented as there was no challenge to
the Negative Declaration Item 13. declares "there is no impact
on Transportation/Circulation from this development"and noted
that Residential zones allow up to 30 foot high structures. He
also commented the turnaround provides for Fire equipment access
so there seems to be no reason to prevent this development from
occurring.
M/S Schneiter/Wattenburger to deny the appeal of the Planning
Commission's Approval of Variance Application No. 90-49, as
filed by Mitchell Thorson. The motion was carried by the
following roll call vote: AYES: Councilmembers McMichael,
Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES:
None.
llb. Tentative Subdivision Map No. 90-30, Brookside Estates,
Mendo Mill and Lumber Profit Sharing
The Community Development Director reported the tentative
Subdivision Map No. 90-30 was approved at the Planning
Commission meeting of September 12, 1990. He noted this 5.5 acre
subdivision map creates 33 lots consisting of 26 single family
lots, four duplex lots, one triplex lot and two remaining lots
not yet proposed for development. He noted a draft Resolution
approving the Negative Declaration was distributed yesterday to
Council as it was inadvertently left out of the Agenda staff
report.
Mayor Henderson polled the Council as to who had viewed the
site. All Councilmembers indicating they had viewed the site.
Discussion ensued regarding subdivision map process, which lots
are multi family, lot density determined by Use Permit,
Negative Declaration requirements, and minimum lot widths.
Councilmember McMichael noted he had previously requested set
back fence lines be noted on subdivision maps and questioned if
this can be done at this time.
Discussion ensued regarding
implementing this requirement.
possible legal means for
The City Attorney stated he prefers to research this matter to
advise Council at a later time.
Discussion ensued regarding the variance process and possible
prenoticing requirements.
PUBLIC HEARING - Open 7:48 p.m.
Steve Brooks, representative for the developer, stated they have
no problem making a notation on the final map regarding fence
set back requirements but indicated that most property
purchasers do not ever see the final subdivision map.
Joe Mayfield, 276 Banker Blvd., stated he has no problems with
the request to put set back requirements on the final map.
PUBLIC HEARING - Closed 7:54 p.m.
M/S McMichael/Schneiter to find the negative declaration
adequate and complete. The motion was carried by the following
roll call vote: AYES: Councilmembers McMichael, Wattenburger,
Shoemaker, Schneiter, and Mayor Henderson. NOES: None.
Reg. Mtg.
September 19, 1990
Page 4
19
M/S McMichael/Wattenburger to adopt the Resolution approving the
tentative Subdivision Map Application No. 90-30 with the
additional condition "Final Map shall include a statement
defining property set back lines within the subdivision".
Councilmember Schneiter questioned the two Resolutions provided
in the Agenda.
Discussion ensued regarding the previously approved motion
approving the Negative Declaration and the Resolution approving
the Negative Declaration.
The City Attorney clarified the two Resolutions and proper
actions to amend and correct the previous motions.
Councilmembers McMichael and Wattenburger agreed to withdraw the
motion on the floor.
M/S Shoemaker/Schneiter to adopt Resolution No. 91-18 Approving
Negative Declaration of Environmental Impact for Tentative
Subdivision Map No. 90-30, Brookside Estates. The motion was
carried by the following roll call vote: AYES: Councilmembers
McMichael, Wattenburger, Shoemaker, Schneiter, and Mayor
Henderson. NOES: None.
M/S McMichael/Schneiter to adopt Resolution No. 91-19 approving
the tentative Subdivision Map Application No. 90-30 with the
additional condition "Final Map shall include a statement
defining property set back lines within the subdivision". The
motion was carried by the following roll call vote: AYES:
Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter,
and Mayor Henderson. NOES: None.
llc. Use Permit Application No. 90-66, as filed by Steve
Gomes, south side of Marlene Street, Approximately 250 East
of the Intersection of Marlene and Lorraine Streets
The Community Development Director reported on this single story
residential duplex on a vacant 7,400 square foot parcel as
approved with conditions by the Planning Commission.
Mayor Henderson polled the Council as to who had viewed the
site. All Council indicated they had viewed the site.
PUBLIC HEARING OPENED - 8:01 p.m.
No one came forward.
PUBLIC HEARING CLOSED - 8:02 p.m.
M/S Schneiter/McMichael adopt Resolution No. 91-20 with Exhibit
"A", approving Use Permit Application No. 90-66. The motion was
carried by the following roll call vote: AYES: Councilmembers
McMichael, Wattenburger, Shoemaker, Schneiter, and Mayor
Henderson. NOES: None.
UNFINISHED BUSINESS (cont.)
~2b. Approval of Solid Waste Joint Powers Agreement
The City Manager reported on the proposed Solid Waste Joint
Powers agreement developed by the representatives of the City of
Ukiah, City of Willits, City of Ft. Bragg and the County of
Mendocino. He reviewed the purpose, governing structure,
management, Treasurer designation, alternate voting system,
legal requirements of members and the goal to have all parties
involved ratify and sign by September 30, 1990. He commented
that the first priority after the JPA is formed, is to meet with
experts for advise on AB 939 compliance, landfill requirements
and approximate the costs involved.
Discussion ensued regarding the concerns of the representatives
in the process of developing this agreement, where the funding
Reg. Mtg.
September 19, 1990
Page 5
20
will come from, possible membership of Pt. Arena, and concern
regarding the County having two voting representatives.
M/S Schneiter/Shoemaker to approve the proposed Solid Waste
Management Joint Powers Agreement as submitted and authorized
the Mayor to execute the Agreement on behalf of the City. The
motion was carried by the following roll call vote: AYES:
Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter,
and Mayor Henderson. NOES: None.
12c. Introduction of Ordinance Modifying the Planned
Development Requlations, Zoning Code Amendment No. 90-60
The Community Development Director reported the Planning
Commission approved the revised proposed Ordinance establishing
Planned Development Districts for the City of Ukiah adding the
City Attorney's recommended statement to clarify the status of
existing Planned Development Districts approved by Use Permit
for the City of Ukiah.
M/S Shoemaker/McMichael for the first reading of the proposed
Ordinance,read by title only. The motion was carried by a
unanimous voice vote of all AYE.
The City Clerk read the title of the proposed Ordinance.
M/S Shoemaker/Schneiter to introduce the Ordinance Amending
Section 9165 and Adding Sections 9166-9167 to Article 14,
Chapter 2, Division 9 of the Ukiah City Code, Establishing
Planned Development districts for the City of Ukiah. The motion
was carried by the following roll call vote: AYES:
Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter,
and Mayor Henderson. NOES: None.
12d. Adoption of Resolution Amendinq the Industrial Use
Classification in the Land Use Element General Plan Amendment
No. 90-61
The Community Development Director reported this item was
continued from the Public Hearing that was opened and closed at
the September 5, 1990 regular Council meeting,in order to
accommodate the 21 day public review period for the Negative
Declaration. He noted no comments have been received and there
were no public comments during the public hearing.
M/S Schneiter/Shoemaker to find the Negative Declaration
adequate and complete as there is no specific project involved
in this amendment, there is no increase in the "urbanized"
nature of the uses proposed, and actual mixture of uses will be
evaluated as each Planned Development is evaluated through
Planning Commission and City Council public hearings. The motion
was carried by the following roll call vote: AYES:
Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter,
and Mayor Henderson. NOES: None.
NEW BUSINESS
13a. Proposed Reschedulinq of Reqular Council Meeting of
November 21, 1990 to November 20, 1990
It was the general consensus of Council to move the regular
meeting of November 21, 1990 to November 20, 1990.
Mayor Henderson noted that Item 13b. Adoption of Resolution
Approving Application for CDBG Housing Study has been
previously pulled.
Councilmember Reports
Wattenburger
None.
Reg. Mtg.
September 19, 1990
Page 6
21
McMichael
Noted the Smithsonian Exhibit opening on the 29th at the Grace
Hudson Museum.
Shoemaker
Noted he is moving to 115 Brush Street this weekend and
requested a further report regarding the State budget items that
the League published affecting Cities, and requested
clarification on Controller Gray Davis's report regarding County
gas tax revenues.
Schneiter
Questioned when the Planning Commissioner appointment will be
agendized, and commented on the San Francisco Chronicle
newspaper article regarding the weakening of the recycling
market and suggested that separation of recyclables at a new
landfill site should be considered.
Mayor Henderson
Reported the Sanitation District Carousel Sewer Project Ribbon
Cutting ceremony will be October 15, 1990, and congratulated
City Manager Rough on his receiving a total scholarship for
Continued Education for Public Officials.
CITY MANAGER/DEPARTMENT HEAD REPORTS
City Manaqer
Reported that the first Valley Wide Task Force meeting is
September 27, 1990, commented if the Council approves the Growth
Management schedule at the regular meeting of October 3, 1990,
the first public forum for growth management is scheduled for
October 18, 1990, noted the first mobile City Hall is at
Nokomis School on October 11, 1990, reported the Children's
Candlelight vigil will be held at the Civic Center at 6:30 p.m.
this Sunday and discussed Council's preference for voting
delegate at the League of California Cities Conference. It was
the general consensus of Council for Councilmember McMichael to
be the League Voting delegate with Mayor Henderson as the
alternate. The City Manager indicated the forthcoming auditors
final report looks favorable.
CLOSED SESSION
The City Attorney announced a Personnel matter is needed for a
Closed Session allowed under the Personnel exception of the
Brown Act.
Council entered Closed Session at 8:53 p.m.
Council came out of Closed Session at 10:21 p.m.
The City Attorney noted no action had been taken by Council.
ADJOURNMENT
There being no further business,
10:21 p.m.
CCMIN.41
t~ meeting was adjourned at
C~th~i~dKay~City Clerk
Reg. Mtg.
September 19, 1990
Page 7