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HomeMy WebLinkAboutMin 04-18-90446 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - APRIL 18, 1990 The City Council convened in a regular meeting at 6:32 p.m., in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. Absent: Councilmember Hickey. Staff present: City Manager Rough, City Clerk McKay, Assistant City Manager Horsley, Administrative Secretary Stamelos, Community Development/Assistant Redevelopment Director Harris, Police Chief Keplinger, Fire Chief Mitchell, Finance Director Vara, Electric Utilities Director Roper, City Engineer/Public Works Director Pedroncelli, and City Attorney Rapport. INVOCATION/PLEDGE OF ALLEGIANCE Community Development/Assistant Redevelopment Director Harris delivered the invocation and Councilmember Schneiter led the Pledge of Allegiance. 4a. Proclamation Designating the Month of May as Ukiah Symphony Month Mayor Henderson read the Proclamation designating the month of May as Ukiah Symphony Month. The Proclamation was received by Pat Aiello, President of the Symphony Guild, who was accompanied by the Ukiah Symphony Guild Board of Directors. 4b. Proclamation Designating April 22, 1990 as Earth Day Mayor Henderson read the Proclamation designating April 22, 1990 as Earth Day. Nancy Roca was present to receive the Proclamation, and introduced other members involved with the Earth Day activities. In honor of Earth Day, a Redwood tree was presented to the City by an anonymous donor through the Earth Day organizers. APPROVAL/CORRECTION OF MINUTES Mayor Henderson made the following corrections to the minutes of the Regular Adjourned Meeting of March 26, 1990: Item 4a., Page 1, 2nd paragraph, delete "a" before Riverside Park; Page 1, 2nd paragraph, change "special district .representation on LAFCO" to "City opposition to Special District representation on LAFCO"; Page 1, 2nd paragraph, second line from the bottom, change "a city grant writer" to "the possibility of a city grant writer." M/S Shoemaker/Schneiter to approve as amended the City Council Minutes of the Regular Adjourned Meeting of March 26, 1990. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. Mayor Henderson made the following corrections to the minutes of the Regular Adjourned Meeting of March 29, 1990: Page 1, 1st paragraph, add "Frank McMichael was in attendance as a City Council Candidate." Page 2, under Community Goals, for the 8th goal, delete "a" before Riverside Park. M/S Schneiter/Wattenburger to approve as amended the City Council Minutes of the Regular Adjourned Meeting of March 29, 1990. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. Discussion ensued with the City Attorney regarding requirements for Minutes of an unconvened meeting due to lack of a quorum. Councilmember Shoemaker commented that he thought this was a very informative review of NCPA. M/S Shoemaker/Henderson noted that the Regular Adjourned City Council meeting of April 2, 1990 did not convene due to the lack of a quorum and adopted the Minutes reflecting this fact. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. Reg. Mtg. April 18, 1990 Page 1 447 Mayor Henderson made the f~i'lowing corrections to the minutes of the Regular Meeting of April 4, 1990: Item 9b, Page 3, 6th paragraph, change "once of week," to "summer seasonal" concert program, and add "for the Civic Center Site" as they had requested last year." Item 9c, Page 4, 4th paragraph, add "to be," and add "d" to "comprise" and change "form" to "from." Item 10d, Page 5, 1st paragraph, change "form" to "from", and 7th paragraph, delete "the." Item 10e, Page 6, 5th paragraph, delete "of" and change "form" to "from." Item 10e, Page 7, 1st paragraph, add "or discussion of" after "...to staff for the next meeting," and add "should that grant funding be approved at that time," after "...funding will come from." M/S Wattenburger/Schneiter approved as amended the City Council Minutes of the Regular Meeting of April 4, 1990. AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. 7. CONSENT CALENDAR M/S Schneiter/Wattenburger to approve the Consent Calendar Items 7a, 7b, and 7c, as follows: a. Approved the Payroll Warrants of March 18, 1990 to March 31, 1990, No. 33868 to No. 34020, in the amount of $109,120.19; and the General Warrants of March 18, 1990, No. 45935 to No. 46258 (#45948 to 46103 were voided) in the amount of $574,532.52. b. Adopted Resolution No. 90-45, Initiating 1990 Weed Abatement Program that declares Weeds and Rubble upon Private Property to be a Public Nuisance and Ordering Abatement of Same. c. Approved the Report of Administrative Actions and Proposals (R.A.A.P.). The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. 8. Audience Comments on Non-Agenda Items None. UNFINISHED BUSINESS 10a. Appointment of Council Representatives to the Valley-Wide Task Force The City Manager stated this important Task Force will hopefully cOnvene by the end of April. Mayor Henderson, Councilmembers Wattenburger, Shoemaker, and Schneiter expressed desire to be on this Task Force as they all feel it is very important. Councilmember Wattenburger acknowledged the upcoming fire season which will restrict his time. Mayor Henderson stated she will support Councilmember's Schneiter and Shoemaker's appointment to this task force if they will be able to attend all meetings. She expressed a desire to be the alternate in the event of absence by either one of the City Council appointees. M/S Henderson/Wattenburger to appoint Councilmember Schneiter and Councilmember Shoemaker to the Valley-Wide Task Force. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. PUBLIC HEARING Reg. Mtg. April 18, 1990 Page 2 448 9a. Appeal of Planning Commission's Denial of Site Development Permit Application No. 90-19, as filed by Bill and Tami Rainer, 7 Highland Drive The Community Development Director advised the City Council that this hearing is an appeal on March 28, 1990, of the Planning Commission denial of the Site Development Permit Application No. 90-19 for a single-family residence at 7 Highland Drive. The applicants are Bill and Tami Rainer. This is a new application for the project site. A site development permit was approved in June 1989, and then revoked by the Planning Commission and the City Council. The Community Development Director stated the current proposal includes the same building footprint as the previous permit, but there are significant modifications to the second floor and roof. The project meets the standard R-1 Zoning Code regulations of setbacks, height, and land use density, and is consistent with the general plan. The Community Development Director reviewed the history of the new application for the Highland Drive property and the Planning Commission's basis for denying the permit; i.e. structure not appropriate to the property, slope stability, drainage, building design, and the foundation. He also gave a brief overview of the Commission meeting, stating that there was no expert testimony given to indicate any specific impacts this residence may have to the neighborhood. The Community Development Director noted the three options that the City Council can address are: 1) Site Development Permit can be approved as it does meet the requirements of the Zoning Code and the building can be determined to be appropriate based on the Site Development Permit criteria; 2) Council can determine the proposal is inappropriate based on esthetic standards not compatible with the neighborhood; or 3) Council can continue the decision to the meeting of May 2, to allow for the completion of engineering studies that may address some of the concerns expressed by the Planning Commission. He advised the City Council that additional items were presented prior to the meeting and he believed that Council had copies but Staff did not have time for adequate review of those materials. Mayor Henderson expressed concern regarding the submittal of additional material when the deadline for the City Council Agenda closes on the prior Wednesday at Noon and commented that this does not give the Council adequate time to review all of the information. The City Attorney informed the City Council that there are no specific rules and procedures for receipt of information by the Council. He stated that he will present Rules and Procedures to the City Council for adoption that could specify when materials would be accepted. He also added, because of no rules to the contrary, he feels the City Council is under an obligation to accept the documents and make them part of the record. If Council feels it can't give full attention to the material, the meeting could be continued to the next regular Council meeting. He suggested that the party submitting the material for the meeting, submit it to the City Clerk so it can become part of the record during the hearing. The City Clerk stated for the record this afternoon she received and provided to Council at the beginning of the meeting material from Barbara Brittingham and John W. Gibson, the Attorney representing neighbors in opposition to the appeal. Mayor Henderson requested that the Rules and Procedures of the City Council Agenda be reviewed. Public Hearing Opened: 7:07 p.m. Robert Axt, 4925 Eastside Calpella Road, commented on his involvement with the Brittinghams and the Rainers. He stated that the plan now before the City Council complies with all building requirements reviewed and the changes made since the matter was before the City Council in January. Reg. Mtg. April 18, 1990 Page 3 449 Mr. Axt presented exhibits showing slopes, and the relationship between the Rainer building and the Brittingham's home. He stated that any home built on the Rainer property would be higher than the Brittinghams' due to the natural elevations and he reviewed the changes to the new plans. Discussion followed regarding landscaping and the impact trees' would have on the property. Jerry Fracchia, 3800 Road B, Redwood Valley, explained his involvement in the removal of brush and trees from the subject property and he noted the impact it had on uphill views. He also commented on the Rainer's concern about the depth of any slope cut on the property. Mr. Fracchia stated that from his experience in cutting lots in the area, and in compaction excavation, his work on the property did not create any unstable soil. Tom Brigham, 345 N. Spring Street, Attorney representing the Rainers, submitted for the record additional information to the City Council. He reviewed the past history of the 7 Highland Drive property; i.e. Planning Commission approval and denial, changes made to the building, set backs, impact on the neighborhood, and concern that the Rainers were being discriminated against. He stated that he spoke to a qualified appraiser regarding the house and the appraiser's comments have been submitted as part of the record. Based on the following, he said there was no legal basis for denial of this permit: 1) The home is a quality built home, and will not affect the property value of the neighborhood, 2) Due to the placement of the Brittingham's residence, Brittingham's privacy would be affected by any building built on the 7 Highland site, 3) The seismic safety has been addressed, 4) View rights for properties are not addressed in Municipal Code 9208, nor in the CC&R's; only height is addressed in the Code, 5) Aesthetics can not be addressed, and 6) The Planning Commission approved location of this residence. Mr. Brigham also commented on the fact that the Rainers were responsible for the construction at the site but the City approved the location and the plans. He also stated there is no legal reason this permit should not be approved. Mr. John Gibson, Rawles, Hinkle, Carter, Behnke & Oglesby, Attorney representing the Simpsons and the Brittinghams, apologized for the late submittal of documents. He brought to the attention of the Council an attachment from an Engineering Geologist. He also stated that CEQA issues have been addressed by a letter which is part of the record. Mr. Gibson reviewed the past history of the matter before the City Council and referred to a case from San Francisco which had broader interpretations for architectural authority. He stated that the permit cannot be approved due to the fact the Rainers had violated the permit they were granted. The Planning Commission did not know where the house was going to be located on the property. He added, the property should be utilized to the best interest of the neighborhood due to the lack of land in the area for buildings, and that the CEQA requirements had not been met. He ended his review and comments by stating that a project must be something that fits within a neighborhood, as the character of a neighborhood is a valuable resource which must be protected. The City Attorney asked for clarification regarding the court case given as an example by Mr. Gibson. Mr. Gibson clarified the matter. Mr. Sherril Simmons, 620 Watson Road, stated that to the best of his knowledge there would be no decrease in value to the homes in the neighborhood as there exists no conformity in this particular neighborhood. Charles H. Pittman, 809 W. Mill Street, Ukiah, reviewed water runoff and seepage problems, drainage, the initial information from the Rainers to build a garage with one story, excavation, and the safety factor of the steep driveway. Reg. Mtg. April 18, 1990 Page 4 451 Gregg Simpson, 11 Highland Court, Ukiah, gave a brief review of the background of the building being built next to his residence. He also stated that the building will impact the quality of life to his family and to the neighbors, the building blocks his view, devalues his home, and the plans do not meet CEQA guidelines. In addition, when plans were reviewed they appeared to show a garage with one story, so he did not attend the June Planning Commission meeting. Now the plans show a three story structure, and feels deceived by the Rainers. Mr. Brigham stated there is no need for a Negative Declaration and that CEQA requirements were addressed. He noted the Planning Commission found that this was categorically exempt and there was no appeal filed based on that determination. Mayor Henderson requested a clarification of the Planning Commission minutes of March 28, 1990, regarding a motion to accept the Environmental Assessment of Site Development Permit Application No. 90-I9. The Director of Community Development Director stated that the categorical exemption has not been appealed. He stated that the Planning Commission decision would remain and that the 7 Highland project is categorical exempt unless the Council reverses that decision. The City Attorney explained that the rules for CEQA do not offer specific procedures in this regard. The Rainers appealed to the City Council, therefore, the City Council can address the CEQA issue. Mr. Brigham stated that the building was determined categorically exempt by the Planning Commission. He addressed Mr. Gibson's comments on the case in San Francisco regarding the criteria of aesthetics and stated that aesthetics were made a criterion in that case and that he feels aesthetics is not a criterion in the City Code. He also commented on the Simpson's ability to input into the Public Hearings, and excavation of the property. Mr. Simpson clarified his conversation with Mr. Rainer regarding excavation of the property. CLOSED PUBLIC HEARING: 8:15 p.m. Councilmember Schneiter expressed concern that there was no letter of appeal included in the packet. He also asked about Section 9208 in the Site Development Permit that applied to commercial construction as opposed to residential construction. The City Attorney clarified the action the City Council can take and the items that could be covered in making the decision. In reply to Councilmember Schneiter's question on Section 9208, he expressed his concern on about receiving documents immediately before a Public Hearing. He had not had time to research the material, and thus could not render a specific decision. The Community Development Director read the letter of appeal from the Rainers. Discussion followed regarding the San Francisco case, slope considerations, site development, and review of the exhibits. M/S Wattenburger/Schneiter to accept the Environmental Assessment of Site Development Permit Application No. 90-19, and to determine that the project is categorically exempt under Class 3, new construction or conversion of small structures with the considerations given at the public hearing of the Planning Commission meeting of March 28, 1990. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Councilmembers Wattenburger, Shoemaker, Schneiter, Wattenburger, and Mayor Henderson. NOES: None ABSENT: Councilmember Hickey. Councilmember Schneiter commented on the aesthetics and architecture of the neighborhood. Reg. Mtg. April 18, 1990 Page 5 452 Mayor Henderson stated that the buildings on the west side of Ukiah are an eclectic mix of architecture due to the houses not being built at the same time. Councilmember Shoemaker commented that he went into the building and it is beautiful and well built, however, he does feel it is out of place in the neighborhood. He believes, in order to defuse the impact on the neighborhood, the building should be a one-story structure. Councilmember Schneiter stated the Planning Commission minutes did not include findings for denying the Site Development Permit. The City Attorney responded that he attended the March 28, 1990 Planning Commission meeting and findings were made by Chairman McMichael in his motion, although not reflected in the attached March 28, 1990 minutes. He confirmed that the findings involved drainage, slope stability, boundaries and total height. The Community Development Director concurred with the City Attorney that the Planning Commission did make findings. The City Attorney suggested that the Council make findings at this meeting. There was further discussion by Council regarding the appeal and findings. M/S Schneiter/Wattenburger to approve Site Development No. 90-19 with the findings as stated in the staff report that the project does meet standard R-1 Zoning Code regulations of setback, height, plan use density and is consistent with the General Plan. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Schneiter, and Mayor Henderson NOES: Councilmember Shoemaker ABSENT: Councilmember Hickey. Recess - 8:36 p.m. Reconvened - 8:45 p.m. 9b. Zone Change Application No. 90-8, as filed by Paul Chan, for a Zon~ Change from C-2, Highway Commercial and Restricted Industrial District, to ~-1, Light Commercial District for Parcel Located at 1090 South State Street. i. Approval of Negative Declaration ii. Introduction of Ordinance Approving Zone Change The Community Development Director reviewed Zone Change Application No. 90-8, stating the Planning Commission considered and recommended approval of this application as filed by Paul Chan. Mr. Chan is requesting the change to allow residential uses on the property. If the zone change is approved by the City Council, Mr. Chan still must go through the use permit process to have a residence on the property. The Staff believes the zone change is appropriate and meets Code requirements. Mayor Henderson opened the Public Hearing. Public Hearing Opened - 8:48 p.m. No one came forward to speak on the issue. Public Hearing Closed - 8:49 p.m. Councilmember Shoemaker asked if there was a pending project for this property. The Community Development Director replied this is for an existing building on the site. M/S Schneiter/Wattenburger to find the Negative Declaration of Environmental Impact for Zone Change Application No. 90-8, adequate and complete. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. M/S Henderson/Wattenburger to introduce by title only the Proposed Ordinance Amending Chapter 2, Division 9, of the Ukiah City Code by rezoning Property Reg. Mtg. April 18, 1990 Page 6 453 (Zone Change Application No. 90-8). The motion was carried by unanimous voice vote of all AYE. The City Clerk read the title of the Ordinance. M/S Schneiter/Wattenburger to introduce by title only Ordinance No. 904 Amending Chapter 2, Division 9, of the Ukiah City Code by Rezoning Property (Zone Change Application No. 90-8). The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. UNFINISHED BUSINESS NEW BUSINESS lla. Introduction of Ordinance Allowing Police Department Citation Authorit~ on Private Commercial Property Upon Request of Property Owner The City Manager explained the reason for the introduction of the Ordinance. The Police Chief reported there had been problems with parking after hours on commercial property. He stated that this Ordinance would be a useful tool for enforcement in respect to congregation and illegal parking. Discussion was held regarding enforcement and the notification of business owners and the Chamber of Commerce. M/S Shoemaker/Wattenburger to introduce by Title only this proposed ordinance. The motion was carried by unanimous voice vote of all AYE. The City Clerk read the title of the Ordinance. M/S Shoemaker/Wattenburger to introduce Ordinance No. 905 Adding Article 6 to Chapter 3, Division 8 of the Ukiah City Code to prohibit Parking on Private Property Under Certain Conditions. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, Wattenburger and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. l lb. Report on Russian River Access Project The City Manager reported that this item is being brought before the City Council as an informational report requested by Mayor Henderson. The Community Development Director gave a brief summary of the access to the Russian River. He noted the State Fish and Game Department's recent proposal to gain access to the Russian River. He also commented that the Riverside park, property owned by the City would be consistent with the City's General Plan. Mr. Harris stated the farming community consistently expressed concern regarding access to the river through their property, specifically with unauthorized accessibility to the orchards and vineyards. The Public Works Director/City Engineer reviewed the areas the City owns - the East Gobbi Street site, old Sewer Farm and the Little League Field and that these areas have river access. Mayor Henderson commented that she had been looking at City property at the end of Gobbi Street for a number of years, but realizes the problems that might exist in trying to develop the park. She stated the neighbors and the Farm Bureau must be notified and involved in any project. Discussion followed concerning agricultural concerns, funding, liability, wildlife, and property lines along the river. It was the consensus of the Council for Staff to investigate the Russian River Access Project for its feasibility at Riverside Park taking into consideration adjoining agricultural uses, possible federal or state funding sources, and liability issues. Reg. Mtg. April 18, 1990 Page 7 454 llc. Recommended Policy Procedure on Legislative Advocacy The City Manager stated that this item is before the City Council to recommend Policy Procedure for Legislative Advocacy for the City of Ukiah. He has presented two operational policy procedures to be considered that would allow the City to proceed in representing the City's viewpoint on state and federal legislation. The Assistant City Manager explained Legislative Advocacy and the advantage it will offer to the City of Ukiah. In 1989, the City Council approved the addition of a Legislative Coordinator for the City of Ukiah. She explained procedures, urgency issues, and the selected priority areas having potential impact on the City. The City Manager explained the information that can be gathered on a daily basis from the League and other associations. He stated that the City will be to be taking a more aggressive role in terms of Legislative Advocacy. Councilmember Schneiter asked if CITYLINK would play a role in Legislative Advocacy. The Assistant City Manager explained that CITYLINK would play a direct roll in the Legislative Advocacy process. The City Manager concurred. M/S Henderson/Schneiter approved the proposed procedure for legislative advocacy and authorized the City Manager to respond to urgency requests by the League when necessary. The motion was carried by unanimous voice vote of all AYE. lld. Approval of Recommended CITYLINK Contract Proposal The City Manager reported that a proposal is being presented to link up the City by computer to the League of California Cities. The Finance Director explained that CITYLINK is a telecommunications network which offers subscriber cities three types of services; communications, legislative, and legal services. The Legislative service provide a full range of information from the full text to a digest of any California or federal bills. The legal services allows the City Attorney to request and exchange information directly with cities using the service, obtain City Attorney opinions on file, and request selected papers and other opinions from the League and other cities. Mr. Vara explained the advantages of the software, hardware, and costs of the CITYLINK network. The City Council discussed the mechanics of the system. M/S Wattenburger/Schneiter to approve the CITYLINK proposal and authorized the City Manager to execute the agreement. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. CITY COUNCIL REPORTS Councilmember Wattenburger Commented on information received from the City Manager regarding MTA and MTA's offer of continued service at the existing rate. This matter will be on the May 2 agenda. He asked that Council review the matter carefully. Councilmember Shoemaker He reported that he attended a Chamber of Commerce Board meeting and they approved support of the Transient Occupancy Ballot Measure to increase Transient Occupancy Tax. The Board had also received a report from Gary Akerstrom regarding the Wal-Mart project and the Board voted to write letters to the newspaper and the Mendocino Environmental Center expressing their support of planned development, such as the Airport Industrial Park, and to urge members to do the same. Reg. Mtg. April 18, 1990 Page 8 455 He noted he attended a Sun House Guild Board Meeting. He mentioned a Life Members Party to be held on April 29 and a dinner dance at Vichy Springs on May 26. The Grace Hudson Museum Endowment, Inc., will be sending information to people in order to raise funds. He stated that the group is very active with special events for fund raising. The Sun House Guild Board will be presenting a copy of an orientation video to the Council. He asked when the item for Reserve Community Development Block Grant Funds would be coming back to Council. This item should be on the City Council Agenda of May 2, 1990. Councilmember Schneiter Reported that Evan Johnson is leaving the Ukiah Daily Journal. He asked about local plan checks. The City Manager replied that the President of Morton Technologies should be here on April 26. Mayor Henderson Reported on a meeting she attended with the Assistant City Manager on Solid Waste Management. She also reported on attending the following meetings: REMIF, Sanitation District, and the Mendocino Development Corporation. Mayor Henderson added the Mendocino Development Corporation voted to support the Redwood Business Park. She noted that she had visited Hays Hickey in the hospital and reported on his condition. City Manager Reminded the City Council that the City Staff will be at Earth Day festivities from 10:00 to 4:00, Sunday, April 22, at Mendocino College. He added that some Councilmembers will be working the City's Earth Day booth. CLOSED SESSION None. ADJOURNMENT The meeting was adjourned at 9:27 p.m., to April 30, 1990, 7:00 p.m., for a City Council/Parks, Recreation, and Cultural Arts ~m~l§sion Workshop, in the Civic Center Council Chambers, 300 Seminary Avenu , ~k'L h. Compiled by ~ncy StameXos, Administrative A~p~ove~; ~thy~M~Kay SeCretary ~ City Cler~ Reg. Mtg. April 18, 1990 Page 9