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HomeMy WebLinkAboutMin 03-07-90419 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - MARCH 7, 1990 The City Council convened in a regular session at 6:32 in the Council Chambers at the Civic Center, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Community Development Director Harris, Assistant City Manager Horsley, Assistant Public Works Director Beard, Police Captain Budrow, Fire Chief Mitchell, Electric Director Roper, Finance Director Vara, Administrative Secretary to the City Manager Stamelos, and Recreation and Parks Director McCarty. INVOCATION/PLEDGE OF ALLEGIANCE Councilmember Hickey delivered the Invocation and Councilmember Shoemaker led the Pledge of Allegiance. SPECIAL ORDER OF BUSINESS 4a. Commendation to Golf Pro Steve Fryc Mayor Henderson read the framed commendation and presented it to Golf Pro Steve Frye's wife, Cheryl Frye, who thanked the City of Ukiah and its community for the opportunity to be of service and for the experience gained which allows him to move up in his field. APPROVAL/CORRECTION OF MINUTES M/S Hickey/Wattenburger to approve the minutes of the regular meeting of February 21, 1990, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Schneiter, Hickey and Mayor Henderson. NOES: None. ABSTAIN: Councilmember Shoemaker. RIGHT TO APPEAL Mayor Henderson reviewed Section 1094.6 of the California Code of Civil procedures regarding the appeal process. CONSENT CALENDAR The City Manager requested Item 7d. be pulled from the Consent calendar. It then became New Business Item llc. M/S Schneiter/Wattenburger to approve Consent Calendar Items 7a, 7c, 7c, 7e, 7f, 7g and 7h, as follows: 7a. Approved the Payroll Warrants from February 7 to 17, 1990, #33420 to 33566, in the amount of $107,578.67 and the General Warrants of March 7, 1990, #45351 to 45533, in the amount of $196,378.21. 7b. Denied the Claim for Damages from Alvin E., and Jack Cohen and Carol Rogina, and referred it to the insurance carrier, R.E.M.I.F. 7c. Authorized the Demolition Permit for 334 No. Main Street. 7e. Awarded the bid for a golf course greensmower to West Star Distributing in the amount of $13 464.00 (including sales tax) . ' 7f. Awarded the bid for cedar power poles to J.H. Baxter Co. in the amount of $11,009.63(including sales tax). 7g. Approved the donation of the retired 1955 International/Coast Class "A" pumper fire engine to the Russian River Estates Volunteer Fire Department. 42O 7h. Approved the Report of Administrative Actions (R.A.A.P.) The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. UNFINISHED BUSINESS 10a. Adoption of Ordinance No. 901, Prohibitinq Parking of Vehicles Exceedinq 10,000 lb. GVW in Residential Areas The City Attorney reported that after this Ordinance was introduced at the meeting of February 21, 1990, some oversights were found that require revision. He noted wording omitted regarding R-H zones, parking on parcels within residential zones, and the requested addition of allowed parking for construction activity within the street. He advised Council that approval of these changes are necessary before final adoption of the Ordinance at the next meeting. Councilmember Shoemaker stated that Hillside Residential lots are usually large parcels of land in which large commercial vehicle parking will not impact neighbors and expressed concern for restricting private property rights. He stated he wishes to leave the Ordinance as presented at the last meeting. M/S Hickey/Schneiter to approve the revisions of Ordinance No. 901 introduced on February 21, 1990. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Hickey and Mayor Henderson. NOES: Councilmembers Shoemaker and Schneiter. 10b. Approval of Ballot Measure Arguments i. Increase of Hotel-Motel Occupancy TaM M/S Schneiter/Hickey to approve the argument in favor of the ballot measure increasing the Hotel-Motel Occupancy Tax by 2%. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. ii. Amend Civil Service Ordinance M/S Schneiter/Hickey to approve the argument in favor of the ballot measure authorizing the City Council to amend the City of Ukiah Civil Service Ordinance. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. 10c. Structure and Formation of a Recyclinq Task Force The Assistant City Manager reported on a proposed Recycling Task Force to assist in implementation of the various elements of the Sher Bill and serve in an advisory function to the Council regarding suggestions on source reduction, recycling, promotion, education and other aspects of waste reduction programs. Discussion ensued regarding composition of the Task Force, a one year term, monthly meetings. Council suggested representatives from the California Conservation Corps, the High School and the Retail Commercial sector. It was the general consensus for staff to return with a membership list for the proposed Recycling Task Force at the next Council meeting. Reg. Mtg. March 7, 1990 Page 2 421 Recess - 7:05 p.m. Reconvene - 7:16 p.m. PUBLIC HEARING 9a. Appeal of the Planninq Commission's revocation of Site Development Permit No. 89-80, as filed by Bill and Tami Rainer, #7 Highland Drive The Community Development Director reported that at the Planning Commission meeting of February 14, 1990, Site Development Permit No. 89-80, as filed by Bill and Tami Rainer in June of 1989, was revoked by the Planning Commission on a 4-2 vote with one abstention. He noted the Planning Commission determined that substantial deviations exist between the original Site Development Permit approval and the structure being built. He referred to the Planning Commission minutes of the meeting of February 14, 1990, and noted the following substantial deviations from the original approved permit; 1. Approved plans showed a slope in relation to the eave line of approximately 10 feet, and there exists double that distance, 2. the stairways have been redone and are closer to the north property line, 3. the total structure is closer to the north property line than originally indicated, 4. front elevations are changed including windows in the attic and second floor, the doorway to the stairs and some minor trim work, 5. the garage is 1.5 feet higher than approved, 6. the roof height exceeds the required limitations, 7. the front setback is different than indicated. The City Attorney reported a letter submitted to the City Clerk at 2:30 p.m. today from Attorney Gibson and a letter delivered to the homes of the Council from Attorney Brigham and advised that for this letter to become part of the record, the letter needs to be presented to the City Clerk. The City Attorney advised Council on the Ukiah City Code requirements regarding revocation proceedings for site development permits. He noted that Council has no authority to modify the site development permit. Discussion ensued regarding Plan A, B and C displayed for Council and the public, elevations, modifications and the noticing requirements for a site development permit. PUBLIC HEARING OPEN - 7:35 p.m. Thomas Brigham, Attorney for the Rainers, 345 Spring Street, submitted to the City Clerk, his original letter he distributed to Council's homes today, stated that the Rainer's modified plan is in substantial compliance with the original plans. He stated his client made a mistake in the construction of the home creating the over height problem and noted that the building inspector did not revoke the building permits because of non-compliance. He offered explanations for each of the Planning Commissions listed items of non-compliance. He indicated the Rainers want to comply. Jared Carter, Attorney representing Simpson and Brittingham neighbors, stated the Rainers non compliance is not a mistake but an intentional way to build a cheaper home. He stated the neighbors were mislead to believe a small home that would not impact their homes was going to be built by the Rainers and therefore did not attend Planning Commission meetings. He stated there were noticing deficiencies by the City, confusion of City Attorney instructions to Council at the beginning of this meeting, referred to Section 9208(h), 9215 and 9235 of the Ukiah City Code and noted he can't find an appeal process for revocation of site development permit and feels this appeal is unwarranted and requested Council to uphold the Planning Commission revocation so that this matter may go back to the Planning Commission . Reg. Mtg. March 7, 1990 Page 3 422 Gregg Simpson, 1100 Highland Court, stated he is the neighbor directly above the Rainers and that this project is a major impact on him and his neighbors and commented that when Plan A was submitted it would have triggered CEQA due to impacts as this is not a normal dwelling. He then summarized conversations with the Rainers from the beginning and referred to 10 deviations from what was originally approved by the Planning Commission and stated this home blocks his view. Bill Rainer, stated he has not tried to deceive anyone and in fact has tried to please everyone in his attempt to build himself a home. He detailed conversations, compliance with neighbors requests, attempted mediation with the neighbors by a neutral party and noted the 32 inch over height problem developed after three different measuring attempts and elevation miscalculations and feels the modified dutch roof plans he has submitted will rectify the problem. Barbara Brittingham, next door neighbor to the Rainers, stated that Mr. Rainer is making false statements and explained her versions of conversations with Mr. Rainer. She noted the deviations are major and very obvious. Charles Pittman, 809 W. Mill Street, addressed his concerns regarding loss of resale value of his home, loss of privacy from a neighboring 2 to 3 story home, an existing safety risk from cars parked on the very steep driveway, and noted witnessing surface water runoff problems with water leaching out of ground from the mountain behind on the site prior to development and feels large excavation should be made with a soils study performed. Attorney Brigham summarized by advising Council to listen to the City Attorney advice and only rule on the issue before them and not the verbalizations of the neighbors. Attorney Carter summarized by noting that no evidence has been provided at this hearing to make the determination that the seven deviations found by the Planning Commission are wrong. No others came forward. PUBLIC HEARING CLOSED - 8:47 p.m. Discussion ensued regarding wording in Code Sections 9208 (H) and (F), deviation wording, non-conformity decision, square footage in different plans submitted, setback measurements, timeframes, site development process for non-conforming lots, building code versus zoning code, measuring requirements and differences in measurements due to slope. M/S Shoemaker/Schneiter to uphold the Planning Commission decision for the revocation of Site Development Permit No. 89-90, as filed by Bill and Tami Rainer, for construction of a Single-Family Residence located at #7 Highland Drive. Councilmember Shoemaker requested the addition of the Planning Commission findings to his motion. Councilmember Schneiter the maker of the second agreed to the addition to the original motion. The Mayor read these findings for the record as; 1. Approved Plans showed a slope in relation to the eave line of approximately 10 feet, 2. The stairways have been redone and are closer to the north property line, 3. The total structure is closer to the north property line than originally indicated, 4. Front elevations are changed including windows in the attic and second floor, the doorway to the stairs, and some minor trim work, 5. The garage is 1 1/2 feet higher than approved, 6. The roof height exceeds the required limitations, 7. The front setback is different than indicated. Reg. Mtg. March 7, 1990 Page 4 423 Mayor Henderson asked staff if they concur with these findings. The Community Development Director stated he feels the findings are accurate. The original motion with the added seven findings was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. Councilmember Shoemaker commented that he feels a solution can be brought out of the Planning Commission if the applicant will reapply. Mayor Henderson stated that the most difficult decisions for Council are when neighbors go against each other but she sees significant deviations and hopes the Rainers take this matter back to the Planning Commission. Recess - 9:16 p.m. NEW BUSINESS Reconvene - 9:16 p.m. lla. Proposed Fiscal Year 1990-91 Annual Budget Formulation and Review Schedule The City Manager reviewed the proposed Summary Budget schedule for the fiscal year of 1990-1991. He reported that the previously scheduled goal setting session for March 12, 1990 at Noon should be rescheduled due to CouncilmemberWattenburger's job required absence. He requested the goal setting session to be before the pre-budget workshop. It was the general consensus of Council to cancel the previously scheduled goal setting session of March 12th and reset to March 26, 1990 from Noon to 3:00 p.m. It was the general consensus of Council to set the date of the pre-budget workshop to March 29, 1990, Noon to 3:00 p.m. Councilmember Shoemaker asked recommendations would be presented. when the Sun House The City Manager answered the Sun House recommendations would be presented at the goal setting session on March 26, 1990. llb. Authorize the City Manaqer to Sell Fire Station No. 1, 369 South School Street The City Manager reported receiving an offer for $141,000, which is the value appraised 4 years ago, with 30% as a down payment, with non assumable balance to be financed for 2 years at 10%, with monthly payments of $1,200. The City Attorney expressed concern regarding wording in paragraph 19, regarding warranty, and advised the Council that the City has always sold property on an "as is" basis and recommended not setting a precedent. He noted that the current tenants have one more year left and the wording in the offer is subject to the lease. The City Manager stated the present tenants have been notified of the offer. M/S Shoemaker/Wattenburger authorized the City Manager and the City Attorney to try to conclude this purchase. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. Councilmember Shoemaker feels reappraisals of listed City of Ukiah properties is in order due to the fact they were Reg. Mtg. March 7, 1990 Page 5 424 appraised 4 years ago when properties in Ukiah were not selling well and values were less. llc. Award of Bid - Orchard Avenue Drainage Facilities to Arcadian Enterprises in the amount of $59,987. The City Manager reported receiving a letter from Jared Carter regarding the low bid for the construction of the Orchard Ave. Drainage Facilities that raised the concern that the low bidder did not include the three provisions required by new legislation SB 853. The City Attorney reported effective January 1, 1990, SB 853 requires bidders on public agency contracts to include the following information in their bids; 1. Contractor's license number, 2. Expiration date of contractor's license, and 3. The Statement "The Contractor's license number and expiration date stated herein are made under penalty of perjury." He noted that the statute also states that "Any bid not containing this information, or bid containing information which is subsequently false, shall be considered non-responsive and shall be rejected by the public agency." He stated it is his opinion that as this is a new statute with no court interpretation and no court cases to date, this omission by the low bidder is a waivable omission. Councilmember Shoemaker requested that these three provisions be included in all future bid packets. Mayor Henderson asked how many bidders were in compliance with this new law? The Assistant Public Works Director reported that out of 13 bids received only six were in compliance, with the other seven having Contractor's license number and date of expiration. M/S Schneiter/Hickey to declare the low bid for construction of Orchard Avenue Drainage Facilities Spec. No. 89-18 as non-responsive and award the bid to the number two low bidder, Lee Howard Construction, for the amount of $60,494.06. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Hickey. NOES: Mayor Henderson. ' COUNCILMEMBER REPORTS Councilmember Wattenburger None. Councilmember Shoemaker Reported he likes the new binders and enjoyed Mexico and recycling is needed there. He requested the matter of a possible city recommendation to the County regarding make up of their waste task force be agendized for the next meeting. Councilmember Schneiter Reported on the LAFCO meeting Monday. Councilmember Hickey Reported on the MCOG meeting Monday. Mayor Henderson Reported on the Sanitation District ground breaking today and requested that we look into developing a site viewing policy, and mentioned a conference on small town growth in Sacramento on April 27th that she may attend. Reg. Mtg. March 7, 1990 Page 6 425 City Manaqer He advised that as the meeting for March 12, 1990 has been rescheduled for March 26, 1990, there is no need to adjourn to it. ADJOURNMENT There being no further business, t~e meeting was adjourned at 10:01 p.m. CCMIN.24 ~athY ~K~y, 'CF Clerk Reg. Mtg. March 7, 1990 Page 7