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HomeMy WebLinkAboutMin 10-18-89355 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - OCTOBER 18, 1989 The City Council convened in a regular session at 6:33 p.m. in the Council Chambers at the Civic Center, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Shoemaker, Hickey and Vice-Mayor Schneiter. Absent: Councilmember Wattenburger and Mayor Henderson. Staff present: City Clerk McKay, City Manager Watson, Community Development Director Harris, Fire Chief Mitchell, Public Works Director/City Engineer Pedroncelli, and City Attorney Rapport. INVOCATION/PLEDGE OF ALLEGIANCE Community Development Director Harris delivered the Invocation and Vice-Mayor Schneiter led the Pledge of Allegiance. APPROVAL OF AGENDA M/S Shoemaker/Hickey approved the Agenda of this meeting as submitted. The motion was carried by a unanimous voice vote of all AYE. APPROVAL/CORRECTION OF MINUTES M/S Hickey/Shoemaker to approve the minutes of the City Council meeting of October 4, 1989 as submitted. The motion was carried by the following roll call vote: AYES: Councilmember Shoemaker and Hickey. NOES: None. ABSTAIN: Vice-Mayor Schneiter. ABSENT: Councilmember Wattenburger and Mayor Henderson. RIGHT TO APPEAL Vice-Mayor Schneiter reviewed the Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR Councilmember Shoemaker pulled Item 7h. It then became New Business Item 12b. M/S Hickey/Shoemaker approved the Consent Calendar Items 7a, 7b, 7c, 7d, 7e, 7f, 7g, and 7i as follows; 7a. Approved the Payroll Warrants from 9/17/89 to 9/30/89, #27592 to #27740, in the amount of $105,270.07; and the General Warrants of October 18, 1989, #42739 to #42904, in the amount of $570,942.94. 7bi. Denied the Claim for Damage of Randall Henry and referred to the insurance carrier. 7bii. Denied the Claim for Damage of Edward F. Isnard. 7c. Adopted Resolution No. 90-20, Requesting Pass Through of Tax Increment Funds to the City. 7d. Awarded the bid for 30 Cedar Power Poles to J.H. Baxter Co., in the amount of $9,826.20. 7e. Awarded the bid for 10-25KVA Padmount Transformers to WESCO in the amount of $16,843.40 and for 10-50KVA Polemount Transformers to G.E. Supply Co. in the amount of $13,515.00. 7f. Approved Supplement No. 2 accepting Truckee-Donner as a member of NCPA and authorized the Mayor to execute the agreement. 356 7g. Accepted the work of the construction of the Gobbi Street Sewer Improvements by BDM Construction Co. as complete and directed the City Clerk to record the Notice of Completion. 7i. Approved the Report of Administrative Actions and Proposals. (R.A.A.P.) The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey and Vice-Mayor Schneiter. NOES. None. ABSENT: Councilmember Wattenburger and Mayor Henderson. COMMENTS FROM THE AUDIENCE None. PETITIONS AND COMMUNICATIONS 10a. Request from Mendocino County Office of Education to Video Tape Two Council Meetings M/S Hickey/Shoemaker for the City Manager to work with the Mendocino County Office of Education regarding dates to provide free video taping of 2 City Council meetings. The motion was carried by a unanimous voice vote of all AYE. UNFINISHED BUSINESS lla. Discussion of Clean Up Week Discussion ensued regarding separation of materials at the dump site and at the curb to help slow our landfill volumes, increasing costs of the two yearly Clean Up weeks, and Clean Up Week guideline enforcement procedures. M/S Shoemaker/Hickey to allow City residents to set debris out the Sunday prior to the Clean Up pick up day. The motion was carried by a unanimous voice vote of all AYE. Councilmember Shoemaker stated that a free Sunday at the dump would be practical only if guidelines for separation are implemented and all publicity should be specific regarding the separation guidelines. M/S Shoemaker/Schneiter directed staff to set up a Free Sunday Dump program for our next Clean Up week with guidelines, excluding this Fall Clean up. The motion carried with a voice vote of two AYES with Councilmember Hickey voting NO. RECESS: 6:57 p.m. RECONVENE: 7:05 p.m. PUBLIC HEARING 9a. Appeal of Planninq Commission Approval of Use Permit Application 89-98, 1051 Maple Avenue - Evans The City Clerk identified items which were distributed to Council regarding this subject as follows; a letter from Byrl and Jan Evans with 10 pictures, a copy of a quitclaim deed from Mr. Brass attached to a copy of a letter from Kathleen O'Bryant, a letter from Pat and Perry Ramsey attached to a copy of a letter from Melvin Brass, a letter from Melanie Walters, and letters distributed to Council in their mail from Patricia Hughes and W.R. Green. The Vice Mayor read the department summary stating that second living units are permitted in the R-1 zone with a use permit, the City's regulations were adopted in response to State Legislation which became effective in 1983, Mr. Brass transitioned living area into a second unit at his 1051 Maple Reg. Mtg. October 18, 1989 Page 2 357 Avenue residence and on September 18, 1989, the Planning Commission approved Use Permit #89-98 for Mr. Brass's second unit. The City Attorney explained interpretation of the Use Permit process for second units as per Ordinance 813 and advised Council if they decide to issue the Use Permit there must be specific facts presented during the hearing on the Use Permit that proves to the City Council's satisfaction that the proposed use would be detrimental to the community or the neighborhood where the use is proposed, and advised the Council regarding standard impacts and excessive impacts for the making of findings if necessary. Discussion ensued regarding Ordinance 813 wording regarding second unit attachment requirements, rental purpose qualifications, and whether separation of living facilities is required. PUBLIC HEARING OPEN 7:19 p.m. Lee Adams, Attorney for the appellants Byrl and Janice Evans, referred to Melvin Brass's letter dated October 2, 1989 stating that a relative coming to live with him is not an increase in housing only a consolidation of a household and that the unit is not wired or plumbed for a rental unit therefore second unit criteria has not been met. He also stated that the City of Ukiah's Ordinance 813 does not address traffic flow impacts but Government Code Section 65852.2 Subsection A2 suggests that criteria be based on adequacy of services and the impact of second units on traffic flow. Herb Saxon, 1031 Maple Avenue, questioned the allowance of second units anywhere in Ukiah due to Ordinance wording regarding the August 3, 1983 date, and expressed comcern for multi-units in residential areas with neighbors protests and covenants, codes and restrictions prohibitions. Melvin Brass, 1051 Maple Avenue, explained the history of his legal addition onto his home for his mother who became ill and after three months of living there his mother wanted her own cooking facility. In order to conform to City requirements he was told he had to apply for a Use Permit for a second unit and stated he does not wish to use this as a rental unit and will use it for his family after his mothers use is no longer needed. He stated that there are five cars for five people in his family and he rarely parks them on the street as the five people and cars are home at various times and they try to park in his driveway. Carroll Ornbaun, 1100 Maple Avenue, stated he does not like the havoc that this Ordinance creates in the community and outlined date of events associated with Mr. Brass quitclaim deed to the Seventh Day Adventist Church, and indicated there may be some deceptions here and asked the Council to vote for the appeal. Arvin Winkle, 358 Richard Court, stated he works for the Northern Conference Seventh Day Adventist and there is no deception involved as Mr. Brass has put his property in a legal revocable trust with the conference and he has known Mr. Brass for over 40 years and there is no finer gentleman. Ted Eden, 1010 Maple, stated he wants to protect his equity in his home and does not want blockbusting to occur. Rowland Nielson, 980 Saint Francis Way, stated as a High School band teacher he entertains many students and had his mother in law living with him for 5 years but does not wish to open up the block. Reg. Mtg. October 18, 1989 Page 3 358 Ed Busch, owner of Busch Electric, 1821 Wildwood Rd., stated he performed the work on Mr. Brass's addition and personally took out the permits and assured legal compliance with building codes and indicated traffic is not an excuse as anyone in any neighborhood could have any number of cars and drivers without breaking the law. He also commented that parents living with their children who want their own cooking facilities should not be denied. Bill Lindsteadt, 908 Fairway Avenue, expressed concern for the way this Use Permit was applied for and that there are no rental receipts and indicated maybe the Ordinance criteria needs to be changed. Melvin Brass, stated he does have rental receipts as he was told he had to charge his mother rent, so he has. Byrl Evans, 1041 Maple Avenue, stated he does not want second units in the neighborhood as he wants to keep it single family residential. Perry Ramsey, 1061 Maple St., commented he is the neighbor next door and wonders why Mr. Brass's mother, who lives there part time, needs second unit status. Bill Clark, 988 Fairway, commented there seems to be some deception and wishes denial of this Use Permit 89-98. Vice-Mayor Schneiter questioned the City Attorney if closing the Public Hearing at this time will prejudice the case. The City Attorney answered there has been adequate testimony. PUBLIC HEARING CLOSED 8:10 p.m. Discussion ensued regarding enforcement of convenants, codes and restrictions, second unit Use Permit process, expansion of dwellings interpretations, removal of kitchen in the second unit, percentage of legal second units being attached versus separate, and possible findings. Councilmember Shoemaker stated that he is very torn on this issue as there is a need to provide family housing and possibly the rental clause needs changing. M/S Schneiter/Hickey to grant the appeal of the Planning Commissions approval of Use Permit Application No.89-98, at 1051 Maple Avenue, with the following findings: 1. Traffic, 2. Covenants, Codes and Restrictions, and 3. The mental discipline of the neighborhood. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey and Vice-Mayor Schneiter. NOES: None. ABSENT: Councilmember Wattenburger and Mayor Henderson. It was the general concensus of Council for Staff to pursue remedy of this matter and requested the City Attorney to review this Ordinance and explore the options and at a later time discuss input from other communities regarding this subject. RECESS: 8:25 p.m. RECONVENE: 8:31 p.m. UNFINISHED BUSINESS (continued) llb. Adoption of Resolution Establishinq Golf Course Committec Discussion ensued regarding the appointment of one member of this committee from the general public or the Parks, Recreation and Cultural Arts Commission. M/S Schneiter/Hickey to adopt Resolution No. 90-21 with the wording change of, "2c. One member shall be appointed from the Reg. Mtg. October 18, 1989 Page 4 359 Parks, Recreation and Cultural Arts Commission." The motion was carried by the following roll call vote: AYES: Councilmember Hickey and Vice-Mayor Schneiter. NOES: Councilmember Shoemaker. ABSENT: Councilmember Wattenburger and Mayor Henderson. llc. Discussion of Consolidated Fire District Task Forco The City Manager reported that the Fire District Task Force meets at 7:00 p.m. on October 19, 1989 and direction is needed from Council for City representatives Vice-Mayor Schneiter and Councilmember Wattenburger. Fire Deputy Chief Sandelin presented a map showing the areas of the existing four fire districts totaling 97 square miles of fire protection. Discussion ensued regarding funding for a consolidated fire district, formation procedures, budgets of the separate fire districts, weight of representation in proportion to populations, and benefit assessments. It was the general consensus of Council for the representatives to attend the Consolidated Fire District Task Force meeting to gather ideas, concerns and information and report back to Council. NEW BUSINESS 12a. Introduction of Ordinance Establishinq Claim Filing Procedures M/S Hickey/Shoemaker to read Ordinance 894 by title only. The motion was carried by a unanimous voice vote of all AYE. The City Clerk read the title only of Ordinance No. 894. M/S Hickey/Shoemaker introduced Ordinance 894, Adding a New Article 2, to Chapter 7 of Division 1, Establishing Claim Filing Procedure for Claims Exempt From the Claim Filing Requirements of Section 905 of the Government Code. The motion was carried by the following roll call vote: AYES: Councilmember Shoemaker, Hickey and Vice-Mayor Schneiter. NOES: None. ABSENT: Councilmember Wattenburger and Mayor Henderson. 12b. Update on Transmission Aqency of Northern California Councilmember Shoemaker stated he pulled this item as he wishes to see figures regarding share of cost if we are not participants in this project. Councilmember Hickey stated he will be happy to meet with Councilmember Shoemaker to explain the figures to him. M/S Shoemaker/Hickey to approve the update report on the Transmission Agency of Northern California. The motion was carried by the following roll call vote: AYES: Councilmember Shoemaker, Hickey and Vice-Mayor Schneiter. NOES: none. ABSENT: Councilmember Wattenburger and Mayor Henderson. COUNCIL REPORTS Councilmember Shoemaker Commented he is disappointed that the County removed $5,000.00 from the Library budget after the City offered to donate $5,000.00, reported on the Recycling Task Force meeting he attended. Councilmember Hickey None. Reg. Mtg. October 18, 1989 Page 5 360 Yice-Mayor Schneiter Reported on a City of Willits Council meeting he attended recently. ADJOURNMENT There being no further 9:10 p.m. CCMIN.14 bus iness, th n C~-"hf'~c e~ting was adjourned at erk Reg. Mtg. October 18, 1989 Page 6