HomeMy WebLinkAboutMin 11-15-89373
MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - NOVEMBER 15, 1989
The City Council convened in a regular session at 6:37 p.m. 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 Watson, City Attorney Rapport,
Planning Director Harris, Public Works Director/City Engineer
Pedroncelli, Finance Director Vara and Sun House/Grace Hudson
Museum Director Abel-Vidor.
INVOCATION/PLEDGE OF ALT.RGIANCE
Mayor Henderson delivered the Invocation and Councilmember
Schneiter delivered the Pledge of Allegiance.
APPROVAL OF AGENDA
The City Manager reported that a matter of earthquake and flood
insurance from REMIF just came to his attention and needs
action from Council by this Friday.
The City Attorney advised that under the Brown Act and as per
the City of Ukiah's Resolution governing Council procedures,
the Council may add an item to the Agenda with a 4/5 vote if
it determines that the need to take action on this item arose
after the agenda was posted and therefore it was not possible
to add this item to the Agenda 72 hours before the meeting.
M/S Hickey/Schneiter to include the matter of earthquake and
flood insurance from REMIF on this Agenda as the need to take
action arose after the posting of the Agenda for this meeting.
The motion was carried by the following roll call vote: AYES:
Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and
Mayor Henderson.
This item then became 10g. Matter of Earthquake and Flood
insurance
APPROVAL/CORRECTION OF MINUTES
Mayor Henderson made the following corrections to the minutes
of the regular meeting of November 1, 1989 as follows; Page 3,
8th paragraph, 1st line, change "Dystra" to "Dykstra" and
3rd line change "Hennesy" to "Hennessey"; same page,
9th paragraph, strike the word "whose" and add "who" and
strike the word "tonight" and add "to"; Page 4, llth
paragraph, 3rd line, change "form" to "from", same Page, last
paragraph, change "Dystra" to "Dykstra", Page 6, 2nd
paragraph, change "Bealy" to "Bailey", Page 6, 3rd
paragraph, 1st line, change "Dystra" to "Dykstra".
The City Attorney requested the following change to the Minutes
of the regular meeting of November 1, 1989 as follows: Page 5,
4th paragrapgh from the bottom, 3rd line, insert the word
"not" after the word "is".
M/S Schneiter/Shoemaker approved the minutes of the regular
meeting of November 1, 1989, as amended. The motion was carried
by the following roll call vote: AYES: Councilmembers
Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES. None.
ABSTAIN: Councilmember Wattenburger.
RIGHT TO APPEAL
Mayor Henderson reviewed Section 1094.6 of the California Code
of Civil Procedures regarding the appeal process.
374
CONSENT CALENDAR
Councilmember Hickey pulled items 7b. and 7d. These items then
became Unfinished Business Items 10h. Approval to Transfer
Funds for Liqhtning and Main Power Transient Protection for thc
City's Base Station Radios and 10i. Report on Disaster
Preparedness.
Mayor Henderson pulled Item 7c. It then became Unfinished
Business Item 10~. Set Date of Wednesday, January 17, 1989 for
Project Feasibility Meetinq - Water Treatment Plant
M/S Hickey/Schneiter to approve Consent Calendar Items 7a,
7a.i, and 7e, as follows;
7a. Approved the Payroll Warrants from 10/15/89 to 10/28/89,
#27895 to 28043, in the amount of $104,571.87; and the General
Warrants of November 15, 1989. #43033 to 43046 and #44201 to
44384, in the amount of $682,380.39.
7a.i. Approved the Report on New General Warrants FOrmat and
directed staff to make necessary changes in reporting General
Warrants.
7e. 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, Hickey and
Mayor Henderson. NOES: None.
AUDIENCE COMMENTS ON NON-AGENDA ITEMS
None.
UNFINISHED BUSINESS
10a. Discussion of Grace Hudson Museum/Sun House 5-Year Plan
M/S Hickey/Wattenburger to approve the Statement of Purpose for
the Grace Hudson/Sun House as presented by the Sun House Guild
in their 5 year plan and deferred action on the remaining
policy issues until the structure is established. The motion
was carried by a unanimous voice vote of all AYE.
Councilmember Shoemaker requested staff to provide the
documentation of the history of the Sun House as part of the
packet when the matter of the structure of the Sun House/Grace
Hudson Museum comes to Council on December 20, 1989.
10b. Adoption of Resolution Appointinq Golf Course Committee
Members
Discussion ensued regarding City residency of the submitted
names and the concerns of the Park, Recreation and Cultural
Arts Commission.
The City Manager noted he will attend the next Park, Recreation
and Cultural Arts Commission meeting to provide explanations to
them.
Mayor Henderson nominated Tom Goforth, Perry Ramsey,
Peggy Gabehart, Lorraine Nonneman and Alice Langton for
a one year term on the Golf Course Committee. The nomination
was seconded by Councilmember Schneiter. Resolution No. 90-27
appointing Goforth, Ramsey, Gabehart, Nonneman and Langton to
the Golf Course Committee was adopted by the following roll
call vote: AYES: Councilmembers Wattenburger, Shoemaker,
Schneiter, Hickey and Mayor Henderson. NOES: None.
Reg. Mtg.
November 15, 1989
Page 2
375
PUBLIC HEARING
9a. Appeal of Planning Commission denial of Use permit 89-99,
Shapiro and Lohr, 185 East Gobbi Street
Councilmember Shoemaker excused himself from this portion of
the meeting at 7:05 p.m. due to a possible conflict of interest.
The Planning Director reported on the Planning Commission
meeting of October 11, 1989 in which they denied this use
permit without prejudice. He noted changes in the Plans
submitted to Council which were different than the plans
submitted to the Planning Commission.
Discussion ensued regarding the Planning Commission reasons for
denial.
PUBLIC HEARING OPEN - 7:22 p.m.
Sheridan Malone, 305 Hillcrest, explained his reasoning and
action as a Planning Commissioner.
Michael Shapiro, 367 N. State St., explained this project and
stated that it will be useful and viable for the citizens, and
that it meets all city requirements.
Robert Axt, Architect Designer of this project, discussed the
changes in the plans since the Planning Commission and stated
he feels this project is appropriate for the area.
Councilmember Schneiter asked Mr. Shapiro his opinions on the
Planning Commission conditions listed in the Planning
Commission minutes of October 11, 1989.
Michael Shapiro stated Conditions 1-12 are fine with him except
Condition 5, which means that a creeping vine must be
maintained from another property due to the close location to
the property line.
No one else came forward to speak on this issue.
PUBLIC HEARING CLOSED - 7:49 p.m.
Councilmember Schneiter asked who plants the street trees in
sidewalk cutouts.
The Planning Director stated the developers are required to
plant the type tree as specified in our Street Tree Ordinance.
The City Attorney noted that if Council takes a different
action than the Planning Commission Conditions, then Council
must make findings based on the evidence heard.
M/S Schneiter/Wattenburger to grant the appeal with the Plans
submitted to Council and allow the Use Permit with the findings
that 1. The granting of the use permit will not be detrimental
to the health, safety, peace, morals, comfort and general
welfare of the general neighborhood and 2. The applicant has
satisfied the requirements of a use permit and that a storage
unit is allowed in a C-1 zone with a use permit, and to include
the following Conditions: 1. Standard Conditions 1-18, 2.
Alternating steel panels or some other architectural treatment
be applied to the exterior rear wall of the units along the
east and west property lines (Buildings B and J) to the
approval of the Planning Commission,3. Stucco front or other
architectural treatment be applied to entire exterior of
Building K, with the exception of south side, to approval of
the Planning Commission, 4. Any roof-mounted air conditioning
apparatus be aesthetically screened from view, 5. All
landscaping be approved by the Director of Planning prior to
Reg. Mtg.
November 15, 1989
Page 3
376
placement, 6. Said landscaping be irrigated by an automated
irrigation system and maintained in a neat, weed-free manner,
7. All signing to conform to the City of Ukiah Sign Ordinance,
8. Any outdoor trash collection facilities be aesthetically
screened from view, 9. Construct three feet of sidewalk behind
the existing sidewalk, 10. Provide street tree cutouts in the
existing sidewalk behind the curb, and plant street trees in
accordance with the adopted standards in the Street Tree
Ordinance, 11. This use permit grants approval for the
development and rental of mini-storage units only. Storage
units may not be used for the operation of small businesses,
exception being 1,500 square feet in Building A, 12. All
conditions of approval be completed prior to use and occupancy.
The motion was carried by the following roll call vote: AYES:
Councilmember Wattenburger, Schneiter, Hickey and Mayor
Henderson. NOES: None. ABSENT: Councilmember Shoemaker.
Recess 7:58 p.m.
Reconvene from Redevelopment
Agency 8:17 p.m.
10c. Adoption of Ordinance Approving and Adopting the
Redevelopment Plan
It was noted that Councilmember Shoemaker removed himself due
to a possible conflict of interest.
M/S Schneiter/Hickey adopted Ordinance No. 895, Approving and
Adopting the Redevelopment Plan. The motion was carried by the
following roll call vote: AYES: Councilmembers Wattenburger,
Schneiter, Hickey and Mayor Henderson. NOES: None. ABSENT:
Councilmember Shoemaker.
10d. Matter of Contributing to California Cities Fund
(Earthquake)
Councilmember Shoemaker rejoined the meeting at this time.
M/S Shoemaker/Schneiter to transfer $1,000.00 from unapplied
appropriations to the General Fund for contribution to the
American Red Cross via the League of California Cities
"California Cities Fund" because this fund provides relief for
all California Cities including Ukiah. By contributing money to
the fund now, which will be used for the relief of recent
earthquake victims in Watsonville, the City enhances the
ability of the fund to contribute to the relief of City of
Ukiah residents in the event of a future disaster within the
City. For this reason the City Council decides and determines
that a contribution of $1,000.00 to the fund will provide
long-term benefits to the residents of the City of Ukiah as
well as the residents of all cities within the State of
California. The motion was carried by the following roll call
vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter,
Hickey and Mayor Henderson.
NOES: None.
10e. Report on Comprehensive Waste Diversion Program
Council reviewed the report from staff on a comprehensive
diversion strategy regarding source reduction, recycling, and
composting.
Councilmember Shoemaker thanked staff for their work on this
report and commented that more requirements are needed with
State mandates just implemented for mandatory waste reduction
programs by July 1991.
It was the general consensus of Council to continue this matter
to a Study session at 4:00 p.m. on December 6, 1989.
10f. Appointment of New City Manager
Reg. Mtg.
November 15, 1989
Page 4
377
It was the general consensus of Council to continue this matter
to Closed Session.
10g. Redwood Empire Municipal Insurance Fund Earthquake/Flood
Insurance
The City Manager reported and discussed with Council the offer
from REMIF regarding Earthquake and Flood Insurance for all
member cities.
M/S Henderson/Schneiter to pay REMIF for this earthquake/flood
insurance and asked the City Manager to write a letter to REMIF
protesting the premium amount and ask for the following; 1.
That this matter be agendized for the REMIF January Board
meeting, 2. Ask for clarification of what the policy actually
covers, 3. Ask for a copy of the policy as soon as possible.
The motion was carried by the following roll call vote: AYES:
Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and
Mayor Henderson. Noes: None.
10h. Approval to Transfer Funds for Liqhtning and Main Power
Transient Protection for the City's Base Station Radios
Discussion ensued regarding funding procedures.
M/S Hickey/Wattenburger to approve this project to be funded by
taking funds out of the current appropriations in the three
departments and only transferring from unapplied
appropriations at the end of the year if necessary. The motion
was carried by the following roll call vote: AYES:
Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and
Mayor Henderson. NOES: None.
10i. Report on Disaster Preparedness
Discussion ensued regarding preparation for explosions.
M/S Hickey/Mayor Henderson to receive and file this report on
disaster preparedness in the City of Ukiah. The motion was
carried by the following roll call vote: AYES: Councilmembers
Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson.
NOES: None.
10j. Set Date for Project Feasibility Meetinq-Water Treatment.
Plant
Mayor Henderson stated that she wishes adequate information be
distributed to the citizens in advance of this project
feasibility hearing.
Discussion ensued regarding future scheduling of the Public
Hearing.
M/S Henderson/Schneiter set the date of February 21, 1990 for
the Project Feasibility Meeting for the Water Treatment Plant
and requested that no notices be sent out to the public until
the new City Manager arrives. The motion was carried by the
following roll call vote: AYES: Councilmembers Wattenburger,
Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None.
CITY COUNCIL REPORTS
Councilmember Wattenburqer
None.
Councilmember Shoemaker
Questioned when is the Commission appreciation dinner and
reported on the Chamber of Commerce meeting he attended for
elected officials.
Reg. Mtg.
November 15, 1989
Page 5
378
Councilmember Schneiter
Discussed the removal of a diseased Pine tree from the
Stephenson Street parking lot with the Public Works Director.
Councilmember Hickey
Commented he is glad to see the start of the new Senior complex
on Washington and Dora and noted he did not attend the last
MCOG meeting.
Mayor Henderson
Polled the Council to find out who was going to the League of
California Cities Annual Conference on December 17 - 19, 1989
as she will be unable to attend as the voting delegate. It was
was the general consensus of Council for Councilmember Hickey
to become the voting delegate with Councilmember Shoemaker as
the alternate. She noted the upcoming Earthday celebration on
April 22, 1990 and notified Council of planning session
therefor on December 3, 1989.
CLOSED SESSION
The City Attorney stated there is a personnel matter regarding
the hiring of the new City Manager for the City Council to
consider.
Council went into Closed Session at 9:26 p.m.
Councilmember Shoemaker came out of Closed Session at 9:33 p.m.
Councilmember Shoemaker went back into Closed Session at 9:36
p.m.
Council came out of Closed Session at 10:26 p.m.
ADJOURNMENT
There being no further business, the meeting was adjourned to
December 6 1989 at 4:00 p.m for~ Study session
' · regarding
Waste Diversion· ·
CCMIN 18 . -,, L/f:
Cathy McK~y~-City ~ierk
Reg. Mtg.
November 15, 1989
Page 6