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HomeMy WebLinkAboutMin 08-01-90489 MINUTES OF THE CITY COUNCIL OF THE .CITY OF UKIAH - August 1, 1990 The City Council convened in a regular meeting at 6:31 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, Interim City Attorney Brookes, Community Development Director Harris, Assistant City Manager Horsley, Public Works Director Goforth, City Engineer Beard, Fire Chief Mitchell, Parks and Recreation Director McCarty, Executive Assistant Stamelos, Police Captain Williams and Planning Assistant Yarbrough. ' INVOCATION/PLEDGE OF ALL~GIANC~ Mayor Henderson delivered the Invocation and Councilmember Schneiter led the Pledge of Allegiance. SPECIAL ORDER OF BUSINESS i. Proclamation Declarin Welcome Wa on Week Au ust 6 - 10 90 Mayor Henderson read and presented this Proclamation to Patricia Barnett and Bridgett Russell Ukiah's Welcome Wagon Representatives. ' APPROVAL/CORRECTION OF MINUTES i. Regular Adjourned Meeting of June 14, 1990 M/S Shoemaker/Schneiter to approve the minutes of the Regular Adjourned Meeting of June 14, 1990, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. ii. Regular Meeting of June 20, 1990 Mayor Henderson made the following corrections to the minutes of the Regular meeting for June 20, 1990, as follows: Page 2, Item Sa.iii., 2nd paragraph, change "insued" to "ensued," Page 3, Item 9b., noted that the LAFCO Representative is not appointed by the City of Ukiah but by the City Selection Committee and the Sanitation District Representative is always the current City of Ukiah Mayor as per the Sanitation District JPA.; Page 3, Item 9c., Paragraph 2, 3rd line, sentence to read: "He noted that there are plans for the north extension of Orchard Avenue through this area at some future time."; Page 3 Item 9c last line, change "insured" to "ensued.', ' '' M/S Shoemaker/Schneiter to approve the minutes of the Regular meeting of June 20, 1990, as amended. The motion was approved by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. iii. Regular Adjourned Meeting of June 25 - 27, 1990 Mayor Henderson made the following correction to the minutes of the Regular Adjourned Meeting of June 25 - 27, 1990, as follows: Page 2, Paragraph 7 1st line, change "Bistrom" to "Bistrim." ' M/S Schneiter/Wattenburger to approve the minutes of the Regular Adjourned meeting of June 25 - 27, 1990, as amended. The motion was approved by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker Schneiter and Mayor Henderson. NOES: None. ' 490 RIGHT TO APPEAL Mayor Henderson reviewed Section 1094.6 .of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR M/S Schneiter/Shoemaker to approve the Consent Calendar as follows: 7a.i. Approved the Payroll Warrants #34640 to 34809 from May 27, 1990 to June 9, 1990, $111,607.40 and the General Warrants #46991 to 47145, in the amount of $568,072.86. 7a.ii. Approved the Payroll Warrants #34810 to 34988 from June 10, 1990 to June 23, 1990, in the amount of $128,876.31 and the General Warrants #47146 to 47316, in the amount of $901,211.46. 7a.iii. Approved the Payroll Warrants #34988 to 35189 from June 24, 1990 to July 7, 1990 and #35190 to 35366 from July 8, 1990 to July 21, 1990 in the total amount of $279,659.25 and the General Warrants #47317 to 47424 in the amount of $313.880.66. 7b. Denied the Claim for Damages from Kenneth R. Potter and Donna Wiles and referred it to the City's insurance carrier, REMIF. 7c. Awarded the bid for Legal Publishing Services with Ukiah Daily Journal for the next year, beginning June 26, 1990. 7d. Rejected the one bid received from Petroleum Engineering Inc. for Design and Construction of Underground Fueling facilities at the Ukiah Municipal Airport, as nonresponsive. 7e. Awarded the bid to Mendo Lake Honda/Isuzu for 4-1990 Compact Pickup trucks in the amount of $31,528.63. 7f. Accepted the work as complete for the construction of Automatic Irrigation System at Todd Grove Municipal Park and directed the City Clerk to file the Notice of Completion. 7g. Authorized the City Manager to send letter of support to Community Development Corporation for residential rehabilitation, rental assistance and low rent public housing and that these projects are consistent with the City's General Plan. 7h. Adopted Resolution No. 91-1, Appointing Ted Goforth as City Representative to the County-Wide Task Force. 7i. Accepted the Report of Administrative Actions and Proposals (R.A.A.P.) The motion was approved by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. COMMENTS FROM THE AUDIENCE No one came forward. PETITIONS AND COMMUNICATIONS 10a. Resiqnation Letters from Planning Commissioner Sheridan Malone and Library Representative Sharon Cantral] Councilmember McMichael expressed his appreciation to Sheridan Malone for his major contributions to the Planning Commission. Reg. Mtg. August 1, 1990 Page 2 491 Councilmember Shoemaker stated that its a shame to penalize a person due to Redevelopment Conflict of Interest laws that exist at the State level. M/S McMichael/Schneiter to accept with regrets the resignations of Commissioner Malone and Library Representative Cantrall and authorized staff to advertise the vacancies. The motion was carried by a unanimous voice vote of all AYE. UNFINISHED BUSINESS lla. Adoption of Resolution Regardinq Weed Abatement Costs The City Engineer reported this is the last step in the weed abatement process in which city crews had to abate the conditions on only two properties for a total amount of $268.00. He indicated this year's beginning list had 300 properties. There were no comments from the audience regarding this matter. M/S Schneiter/McMichael to adopt Resolution No. 91-5, Confirming "Report of Weed Abatement Costs" and Authorizing Acceptance of Payment of Costs and Directing Unpaid Abatement Costs to be Place as Liens Against Properties, and authorized the Director of Finance to accept payment of those costs until August 8, 1990, at which time all unpaid costs shall be forwarded to the County Tax Collector and be placed upon the Tax Rolls as a lien against the properties. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. llb. Appointment of Financial Institution Representative to the Unreinforced Masonry Task Force The City Manager reported that on June 6, 1990, the City Council appointed eleven members to this Task Force with no appointment of a Financial Institution Representative at that time. He stated Charles Mannon, Savings Bank of Mendocino County has indicated a desire to serve on the Unreinforced Masonry Task Force. M/S Henderson/Schneiter to adopt Resolution No. 91-6, Amending Resolution No. 90-56, Revising Appointments to the Unreinforced Masonry Building Advisory Task Force and appointing Charles Mannon as Financial Representative. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. llc. Appointment of Representative to City/County Valley Wide Task Force Councilmember Schneiter nominated Rick Henderson as the second City of Ukiah representative on the Valley-Wide Task Force, with the first appointee being Dr. Leroy Lowery. The nomination was seconded by Councilmember Wattenburger. The nomination was approved by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Councilmember Schneiter requested the published list of appointments within the next few days. NEW BUSINESS 12a. Adoption of Resolution Reqardinq In-Lieu Park Fees The Community Development Director reported that staff, the Planning Commission, and the Parks and Recreation Commission are concerned about current method of determining fair market value for in-lieu park fees by the County Assessor's assessed valuation. He noted in the last few years with actual land Reg. Mtg. August 1, 1990 Page 3 492 prices skyrocketing while the Assessor is limited by law in how assessments can be made, the current assessed values do not reflect a realistic value, much less a market value of the property. He indicated it is in the best interest of the City to determine in-lieu park fees by determining "fair market value" by independent appraisal. Discussion ensued regarding time of appraisals, the process of subdivision approvals, and exemption of current in progress subdivisions. Councilmember Wattenburger stated he is in favor of this new policy but feels the Marlene and Brookside Subdivisions that are currently pending approval should not be included in this new policy change. Discussion ensued regarding how to provide an exemption and the timeframes involved. M/S McMichael/Wattenburger to adopt Policy Resolution No. 21, Regarding In-Lieu Park Fees. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, and Mayor Henderson. NOES: Councilmember Schneiter. PUBLIC HEARING Mayor Henderson requested Public Hearing Items 9a. and 9b. to be conducted as one Public Hearing. There were no objections. 9a. Use Permit No. 90-21, as filed by Robert W. Harris and Olaf Gross, a 30 lot Planned Development, located along the southerly extension of Orchard Avenue south of Gobbi Street. 9b. Use Permit Application No. 90-29, as filed by Mendo Mill and Lumber Profit Sharing, for a 35 lot Planned Development, located alonq the southerly extension of Orchard Avenue south of Gobbi Street. The Community Development Director reported on the Planning Commissions Public Hearings regarding these proposed subdivisions. He noted these two projects are two separate, but adjacent, residential planned developments (PD) with Marlene Estates as the nine acre southerly project encompassing 104 units with 12 single family lots, 8 duplex lots and 8 multiple family parcels and Brookside Estates as the 5.5 acre northerly project of 37 units including 26 single family parcels, 4 duplex lots and one triples lot. He noted both projects are consistent with the General Plan which designates the area as High Density Residential (8 - 14 DU/AC). He stated that no development will occur until Orchard Avenue is extended from Marlene to Gobbi. The Community Development Director reviewed the actions needed for approval of these Use Permits and the conditions listed in the approving Resolutions. Discussion ensued regarding a sound barrier along the freeway for the proposed park areas, traffic signalization to be as soon as possible, and park acreage determinations, locations and size. PUBLIC HEARING OPEN - 7:43 p.m. Myrna Oglesby, Attorney representing owners Harris and Gross, Marlene Estates, clarified that this subdivision is a separate project from the Brookside subdivsion. She expressed appreciation for the Planning Commissions care and concerns regarding impacts and mitigation procedures and reviewed these for Council. She requested a finding that the extension of Cooper Lane is not in this project. She expressed concern that Lots 24, 25 and 26 acreage may be slightly under the required 1.1 acres and feels any shortfall can be made up in cash. She discussed the parkland dedication preferences of her clients and being No. 1. To pay in-leiu park fees, 2. Use Reg. Mtg. August 1, 1990 Page 4 493 the property bordering the creek for park development. 3. Use Lots 24, 25 and 26 with the creek for parkland development. She expressed a desire to see a commitment from the City to use In-lieu park fees from the Brookside development to maintain any land donated by her clients, as Brookside is not required to donate land. Pete Passov, 155 Deborah Court, stated he has been a resident of this area for 22 years and expressed concern that the area is not zoned all R-1. He stated his concerns for good streets and signalization to handle to additional traffic. He feels the neighborhood is concerned that there are no parks for the children to play in and feels a neighborhood park is very much needed in this area. He expressed concern that Mayfield does not participate like Harris and Gross and feels the new in-leiu parkland policy should be used to determine park fees for the Mayfield subdivision. He urged the Council to approve the third recommendation of Harris and Gross for parkland site dedication. Donna Cooper, 420 Cooper Lane, expressed concern regarding a Cooper Lane street extension, in which she opposes. She indicated many letters were sent in objection to a Cooper Lane extension and requested an answer tonight. No others came forward. PUBLIC HEARING CLOSED - 8:10 p.m. The Community Development Director stated that there are no plans at this time to extend Cooper Lane and is not in the material submitted for review tonight. Discussion ensued regarding parkland needs and size, the creek location, safety hazard and maintenance responsibilities. Councilmember McMichael expressed his desire to use the in-leiu park fees from the Brookside project to go towards the maintenance of a proposed park in the Marlene project, although he feels these fees will not be enough, the City will need to begin budgeting next fiscal year. He commented the traffic signal at Gobbi and Orchard should be in place at the time of build out of these subdivisions. He requested that the set back lines be shown on the final maps. Discussion ensued pertaining to Lots 24, 25 and 26 used for parkland development and Mendocino Creek becoming the responsibility of the City for future planning of a Park. M/S Schneiter/Shoemaker to adopt the June 12, 1990 Negative Declaration as adequate and complete as it addresses both Marlene Estates and Brookside Estates. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Discussion ensued regarding the Use Permit procedures and the city's responsibility for fencing in the proposed park area. M/S Schneiter/Wattenburger to adopt Resolution No. 91-2, Approving Use Permit No. 90-21, Marlene Estates Planned Development with the findings as outlined in the staff report. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Discussion ensued regarding the Park Development Fund balance, use of in-leiu park fees and timeframes for development. Councilmember McMichael expressed his desire to see a commitment by the City to develop this park as development occurs. Reg. Mtg. August 1, 1990 Page 5 494 M/S Schneiter/Shoemaker to adopt the Resolution approving Use Permit No. 90-29, Brookside Estates Planned Development with the findings as listed in the staff report. The motion was withdrawn by the maker of the motion with approval from the maker of the second. M/S S~hneiter/Wattenburger to adopt Resolution No. 91-3, approving Use Permit No. 90-29, Brookside Estates, with an amendment to condition No. 17 to read "Park fees shall be paid pursuant to City Code with the fair market value to be determined by the Mendocino County Assessor's last valuation", and with the findings as listed in the staff report. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Recess - 8:40 p.m. Reconvene - 8:50 p.m. 9c. Adoption of Resolution Setting Aside Approval of Use Permit No. 89-127, (City Council Resolution No. 90-33) setting asid~ approval of a portion (conditional to permitted uses) of Usc Permit No. 81-39(c), (City Council Resolution No. 89-35) and verifying the current Planned Development regulations within thc Airport Industrial Park Planned Development. Subject property is located south of Talmaqe Road, west of U.S. Highway 101, and east of the railroad. The Community Development Director reported this action is needed to comply with the stipulation agreement regarding the Mendocino Environmental Center lawsuit which has been signed by all parties. PUBLIC HEARING OPEN - 8:56 p.m. Mayor Henderson requested the letter received from Lee Kraemer, Real Estate Broker, 417 Talmage Rd., be entered into the record. Betty Ball, Mendocino Environmental Center, expressed her appreciation for the time and the effort on the part of the City to address their concerns. Gary Akerstrom, developer of the Redwood Business Park, submitted petitions to the Council containing 2400 signatures in support of building the Wal Mart store in Ukiah. No others came forward. PUBLIC HEARING CLOSED - 8:58 p.m. M/S McMichael/Schneiter to adopt Resolution No. 91-4, Setting Aside Approval of Use Permit 89-127 and a portion of Use Permit No. 81-39(c) and verifying current Airport Industrial Park Planned Development regulations. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 12c. Adoption of Resolution Approving the Appointment of thc City Manager as Deputy City Clerk Mayor Henderson questioned why a Resolution is needed if the City Clerk has the authority to appoint and cancel the appointment? The City Clerk stated that this Resolution is for the Council's conceptual approval of the agreement between the City Manager and the City Clerk. M/S Schneiter/Wattenburger to adopt Resolution No. 91-7, Authorizing the Appointment of the City Manager to serve as Reg. Mtg. August 1, 1990 Page 6 495 Deputy City Clerk in the absence of the City Clerk. 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 Increasing City Clerk Compensation as per the Approved Fiscal Year 1990-91 Budget The City Manager reported that during budget hearings the Council approved the increase to the City Clerk compensation as recommended by Interim City Manager Richard Watson's report to Council on January 17, 1990. He noted this amount increases the yearly salary from $15,000 to $18,600, to be effective 30 days from final adoption of this Ordinance and will be retroactive to July 1, 1990. M/S Schneiter/Shoemaker to introduce the Ordinance by reading the 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 Schneiter/Shoemaker to introduce the Ordinance Amending Chapter 3, Article 5 of the Ukiah Municipal Code Establishing Compensation for City Clerk. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 12d. Introduction of Ordinance Increasing Treasurer Compensation as per the Approved Fiscal Year 1990-91 Budget The City Manager reported that during the budget hearings the City Council approved an increase in the Treasurer's salary from $7,500 to $9,600 per year salary, to be effective 30 days from final adoption of this Ordinance and retroactive to July 1, 1990 M/S Shoemaker/Schneiter to introduce the Ordinance by reading the 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 Chapter 3, Article 3 of the Ukiah Municipal Code Establishing Compensation for City Treasurer. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 12e. Adoption of Resolutions Authorizing the Mayor to sign: i. Phase 2 and Phase 3 Agreements with Washington Water Power; ii. Phase 2 Agreement for the Thousand Springs Power Project The Electric Utility Director reported that in January of 1989, the Northern California Power Agency issued RFP's from 200 agencies relative to power supply options that might be available on the market of which 67 proposals were received and ranked competitively with other base load requirements. He noted five projects were identified as being economically attractive of which the two highest being the Washington Water Power proposal for 50 megawatts in which Ukiah's share would be 1.5 megawatts at a melded cost of approximately 4.0 cents per kilowatt hour and the Thousand Springs Power Project proposal for 50 megawatts in which Ukiah's share would be 1.72 megawatts at approximately 6.5 cents cost per kilowatt hour. Discussion ensued regarding Phase 2 and Phase 3 obligations and costs, and environmental concerns for the Coal Fired Plant at Thousand Springs. Reg. Mtg. August 1, 1990 Page 7 496 M/S Shoemaker/Schneiter to adopt Resolution No. 91-8, for Financing of Planning and Development Activites for Purchase of Power from Northwest Resource. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. M/S McMichael/Shoemaker to authorize the Mayor to sign the Phase 3 Agreement for Western Water Power. The motion was carried by the following roll call vote: AYES: Councilmembers McMichae%, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Discussion ensued regarding Coal Fired Power Plant problems, mitigation measures to be determined later, approximate cost to Ukiah of $4,000 to be expended for researching the possibilities, and to keep Ukiah's options open at this point due to our need for electrical resources. M/S Schneiter/Henderson to adopt Resolution No. 91-9, Approving the Agreement for Financing of Planning and Development Activities for Purchase of Power From Coal Resource. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 12f. Revision of Work Plan and Budqet Adjustment for Sol id Waste Site Subchapter 15 Study - EBA Wastetechnologies The Public Works Director reported a revised work plan is needed by EBA Wastetechnologies who has been contracted by the City of Ukiah to perform specified Subchapter 15 studies and other related engineering reports for renewal of the City's landfill Operating Permit and to satisfy State regulations. He noted that based upon drilling results to date, more work is needed with for the additional amount of $61,854, in addition to the already budgeted $36,250 amount. Discussion ensued regarding drilling procedures, funding sources and no alternative except to comply with permit requirements. M/S McMichael/Schneiter to authorize the the additional net expenditure of not to exceed $61,854 for revision of the work plan for and budget adjustments for the Solid Waste Site, Subchapter 15 Study by EBA Wastetechnologies. The motion was carried by the following roll call vote:AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 12q. Approval of Grant Application for Airport Taxiway Lighting The City Engineer reported there is a anonymous Airport supporter that has offered to donate the local share of cost (10%) of a Federal Aviation Association Grant for installation of new taxiway lighting at the Ukiah Municipal Airport which will provide additional lighting for nighttime use of the Airport. He noted the total cost of the project will be $140,000. M/S Wattenburger/Schneiter to approve submittal of a grant application to FAA for Airport taxiway lighting and authorize the City Manager to execute the application 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. COUNCILMEMBER REPORTS Councilmember Wattenburger Reg. Mtg. August 1, 1990 Page 8 497 Reported on the League of California Cities meeting in Monterey and his participation in assisting Ft. Bragg in the Redwood Summer demonstration. He commended our Police and Fire Departments for their excellent work during that time. He wished Ukiah Fireman Dennis Bartlomei a fast recovery from his recent surgery. Councilmember Shoemaker Indicated his desire to see Councilmembers attend some Planning conferences for continued training in Planning aspects. Councilmembers Schneiter Reported on LAFCO, NCPA and MCOG meetings he attended, and noted he attended the Calaveras Hydro project dedication on July 27 in which the project was completed on time and under budget. Mayor Henderson Reported she attended the REMIF groundbreaking ceremony, a Vision 2000 meeting, a City Select Committee meeting and the TANC dinner in Tiburon. She reminded everyone of the Annual City Employees and Retirees Barbeque Picnic starting at 1:00 p.m. on Sunday August 5, 1990 at Todd Grove Park. City Manager Reported on the four Cities meeting regarding a draft JPA agreement for a New Solid Waste Site in which the County attended and expressed interest in participating. CLOSED SESSION The City Attorney noted the need to go into Closed Session to discuss a personnel matter, instructions to negotiators in current MOU negotiations and to discuss pending litigation under the pending litigation exception of the Brown Act, Government Code Section No. 54956.9(a), regarding Mendocino Superior Court Case Nos. 59987 and 60148, Mendocino Environmental Center v.s. City of Ukiah. M/Schneiter/Wattenburger to go into Closed Session as per the City Attorney's recommendation. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Recess to Redevelopment - 9:52 p.m. Reconvened - 9:58 p.m. Council went into Closed Session at 10:04 p.m. Council came out of Closed Session at 10:55 p.m. The City Attorney noted there was no action taken. ADJOURNMENT There being no further 10:56 p.m. CCMIN.38 business, ~~meeting w~~ adjourned C ~&~..t~/~.!~, lerk at Reg. Mtg. August 1, 1990 Page 9