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HomeMy WebLinkAboutMin 06-07-89291 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - JUNE 7, 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: Wattenburger, Shoemaker, and Vice-Mayor Schneiter. Absent: Councilmember Hickey and Mayor Henderson. Staff present: Interim City Manager Watson, City Attorney Rapport, Administrative Assistant to the City Manager Horsley, Community Development Director Harris, Public Works Director/City Engineer Pedroncelli, Finance Director Vara, Administrative Secretary to the City Manager Stamelos and City Clerk McKay. INVOCATION/PLEDGE OF ALLEGIANCE Community Development Director Harris delivered the Invocation and Councilmember Wattenburger led the Pledge of Allegiance. APPROVAL OF AGENDA Councilmember Shoemaker requested Public Hearing Item 9b. be moved to the last Public Hearing Item, after 9d. It was the general consensus of Council to rearrange the scheduled Public Hearings to the order of Items 9a., 9c., 9d., and 9b. Councilmember Schneiter requested postponing Item 12b. Discussion of Commissions to the meeting of June 21, 1989. It was the general consensus Council to postpone Item 12b. to June 21, 1989. APPROVAL/CORRECTION OF MINUTES Councilmember Shoemaker made a correction to the City Council Minutes of the regular Meeting of May 17, 1989, as follows: Page 1, 4th and 5th lines from the bottom, strike "and Shoemaker". He indicated that he was still in attendance during the viewing of the video tape on May 17, 1989, he had just moved from his seat to see better. M/S Wattenburger/Shoemaker approved the City Council Minutes of the Regular Adjourned Meeting of May 17, 1989, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker and Vice-Mayor Schneiter. NOES: None. ABSENT: Councilmember Hickey and Mayor Henderson. RIGHT TO APPEAL DECISION Vice-Mayor Schneiter reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR M/S Shoemaker/Wattenburger approved the Consent Calendar Items 7a, 7b, and 7c. as follows: 7a. Approved the Payroll Warrants from April 30, 1989 to May 27, 1989, #25992 to #26305, in the amount of $217,440.62; and the General Warrants of June 7, 1989, #41325 to #41501, in the amount of $707,825.48. 7b. Awarded the bid for a Trickling Filter Arm for the Wastewater Treatment Plant to EIMCO Process Equipment Compa- ny/J-M Squared Equipment Company in the total amount of $31,570.00 including tax, for Alternate No. 1. 7c. Approved the Report of Administrative Actions and Proposals (R.A.A.P.) . Reg. Mtg. June 7, 1989 Page 1 292 COMMENTS FROM THE AUDIENCR None. PETITIONS AND COMMUNICATIONS 10a. Letter from Community Development Commission Reqardin,~ Public Housing Units in the City of Ukiah - The Community Development Commission requested support and a letter stating that the application for the Section 8 Moderate Rehabilitation Program is consistent with the City of Ukiah General Plan. Staff advised the Council that such programs and applications are consistent with the General Plan Housing ele- ment, and the Council has authorized such letters in the past. M/S Shoemaker/Wattenburger to authorize the City Manager to send a letter of support to the Community Development Commission indicating the application to HUD for the Section 8 Moderate Rehabilitation Program is consistent with the City's General Plan. The motion was carried by a unanimous voice vote of all AYE. 10b. Letter requestinq Vinewood Park restrooms to be reopene~ The City Manager noted a letter from the manager of Walnut Vil- lage, Rod Pacini, requesting the Vinewood Park restrooms be reopened, and stated that staff reported that vandalism is still occurring weekly in this area even though the bathrooms were closed on December 2, 1988 by Council action. He indicated that the cost of reopening this facility would cost approximately $3,000.00 and a locking door or gate would need to be opened and closed each day to help prevent damage occurring during the night. M/S Shoemaker/Wattenburger to keep the Vinewood Park restrooms closed and directed staff to bring this issue back at budget hearing time. The motion was carried by a unanimous voice vote of all AYE. UNFINISHED BUSINESS lla. Report on Sun House Landscaping The City Manager reported that upon review of the Sun House/Grace Hudson Museum grounds with Councilmember Shoemaker, his suggestions exceed routine maintenance currently budgeted for and recommended an additional person during the months of May through August to the Parks Crew for an additional amount of $6,700.00, which could be funded from an anticipated raise in Golf Course fees. Discussion ensued pertaining to the anticipated raise in Golf Course fees. Councilmember Shoemaker requested an additional suggestion of coordinating of the Parks Maintenance Crews corner cleanups and the streetsweeper schedule. M/S Wattenburger/Schneiter to approve the report with the recom- mendation that the temporary person be hired if and only when the golf fees are increased after the next Parks and Recreation Commission meeting. The City Manager requested an amendment stating "as staff recom- mends''. Reg. Mtg. June 7, 1989 Page 2 293 Councilmembers Wattenburger and Schneiter agreed to the amend- ment to the motion. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger and Vice-Mayor Schneiter. NOES: Councilmember Shoemaker. ABSENT: Councilmember Hickey and Mayor Henderson. llb. Reset Budget Hearing Dates It was the general consensus of Council to set the date of July 31 and August 1, 1989 for Budget Hearings. PUBLIC HEARINGS - 7:00 P.M. 9a. Subdivision Application No. 89-62, Kamp Construction, Inc., west end of Park Blvd. i. Adoption of Resolution The Community Development Director reported that at the Planning Commission meeting of May 10, 1989, the tentative subdivision map and use permit of this project of the construction of 16 units on 5.82 acres immediately south of and adjacent to the 1st green and fairway of the Golf Course within the R-l-H-2 zone, was considered and approved with conditions. He noted that as per City Code Section 8400 et sec. a in-lieu park fee is re- quired for this subdivision and recommended an additional condi- tion be added to the proposed Resolution if Council decides to approve Tentative Subdivision No. 89-62. Public Hearing Opened: 7:05 p.m. Norman Kamp, President of Kamp Const., Inc., Palo Cedro, Calif, stated that he has made an agreement with the Ukiah Fire Depart- ment Acting Battalion Chief/Fire Marshal, as per a letter dated June 7, 1989 to him, regarding an amendment to condition No.1 in the proposed Resolution. Steve Zachary, 504 Walnut Ave., stated he would like to see the Council and the Planning Commission develop a plan to preserve large trees in each development. Public Hearing Closed 7:11 p.m. Discussion ensued regarding large tree preservation, landscap- ing, street lighting, golf ball damage and potential liability, and grades. M/S Shoemaker/Wattenburger to adopt Resolution approving Tenta- tive Subdivision Map No. 89-62 with the addition of Condition No. 25 stating "In-lieu Park fees in the amount of $10,296.69 shall be paid to the City at the time the Final Map is recorded as required by Ukiah City Code Section 8400-8410" and to amend Condition No.1 as recommended by the Fire Department letter dated June 7, 1989, stating "if buildings on Lots 12 and 13 are required to be equipped with residential sprinkler systems con- forming to NFPA Pamphlet 13D, then the driveway serving these lots may contain a 20% grade for a maximum of 100 feet so long as the average grade of the entire driveway does not exceed 17% and must be asphalt surface with proper drainage." The City Attorney requested that this letter be submitted to the City Clerk for the record. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, and Vice-Mayor Schneiter. NOES. None. ABSENT: Councilmember Hickey and Mayor Henderson. 9c. Appeal of Planning Commission denial of Variance Application No. 89-76(signs) Taco Bell, 1199 N. State St. Reg. Mtg. June 7, 1989 Page 3 294 The Community Development Director reported that at the Planning Commission meeting of May 10, 1989, the Use Permit No. 89-67 for Janice Sutherland to construct a Taco Bell restaurant with a drive-thru window at 1199 North State Street was approved, but denied the applicant a variance from the Sign Code, who request- ed one additional free standing sign on this parcel. He noted the proposed business shares the same property with Kilpatrick,s Bakery, which already has the one allowed free-standing sign per parcel. Public Hearing Opened 7:29 p.m. Larry Snow, Red Bluff, stated he works for Janice Sutherland at her Taco Bell restaurant in Red Bluff and expressed concern regarding clear direction for the customers, they are not inter- ested in subdividing the property, and their proposed sign con- forms to size requirements. Public Hearing Closed 7:31 p.m. Discussion ensued regarding a directional entry sign and height of building. M/S Shoemaker/Wattenburger to deny the appeal and uphold the Planning Commission's denial of Variance Application No. 89-76. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker and Vice-Mayor Schneiter. NOES: None. ABSENT: Councilmember Hickey and Mayor Henderson. 9d. Adoption of Resolution Directing Abatement of Weeds Rub- bish, and Dirt on Certain Parcels of Land. ' Public Hearing Opened 7:35 p.m. No one came forward. Public Hearing Closed 7:36 p.m. Councilmember Shoemaker stated the City should control their own weeds on City owned property, and noted the Crepe Myrtle plant- ers need weeding more than once a year. M/S Shoemaker/Wattenburger adopted Resolution No. 89-44 direct- ing the Abatement of Weeds, Rubbish, Refuse and Dirt on Certain Parcels of Land in the City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, and Vice-Mayor Schneiter, NOES: None. ABSENT: Councilmember Hickey and Mayor Henderson. 9b. Appeal of Planninq Commission approval of Use Permit Appli- cation No. 89-49, Nix, Giorno Ave. and Standley St. The Community Development Director stated that there has been considerable time spent on this issue by staff and the Planning Commission. He reported after consideration, the Planning Commis- sion approved Use Permit 89-49, Jim and Ann Nix, and found the revised Mitigated Negative Declaration for this project adequate and complete. He noted the Use Permit is to develop a home and shop site with water storage facilities, access roads, vegeta- tion management, drainage control, and other grading on 60 acres in the western hills, zoned R-2-H-4. Councilmembers Wattenburger, Shoemaker and Vice-Mayor Schneiter stated they have visited the site. Public Hearing Opened 7:46 p.m. Steve Zachary, 504 Walnut Ave., stated he has concerns regarding potential liability regarding possible future slides, earthquake Reg. Mtg. June 7, 1989 Page 4 295 damage, and erosion occurrence, noting that other Cities allow- ing hillside development are incurring legal problems when these problems arise. He also expressed concern with this project occurring before application of a Use Permit and feels Staff's original recommendations of an Environmental Impact Report should be considered. Michael Hunter, 208 West Standley, stated he does not like the ugly fence, pipes and cable across what use to be a Park used by the Public for many generations. John McCowen, P.O. Box 454, stated the aesthetics of the area are affected as is the 100 years of free and historic public access to the property , noting that CEQA mandates that the interruption of an established recreational use is a significant impact and he feels this should be mitigated even though the reports state that this project will not adversely impact an important recreation area, expressed concern regarding the ugly fence constructed within a Public right of way, a slide that exists on the lower creek road that has not been properly miti- gated, vegetation removal for fire creates environmental and aesthetic impact, and feels the reports are in conflict and therefore feels an Environmental Impact Report is appropriate. Robert Reid, 1141 W. Standley St, expressed concern regarding the grade of the road, gullies, clay soil, channeling of water with damage occurring fast in a large rainfall and the possibil- ity of a slide plugging the canyon with major damage to the downstream neighbors properties. George Rau, N. Pine St., Civil Engineer representing the appli- cant, stated the reports are consistent and submitted a fault map of the area to Council and reviewed the geology of the area stating there exists no fault zone close to the Nix homesite to warrant a special study and reported on his qualifications and licenses. Discussion ensued regarding revegetation timeframes, future road problems and correction procedures, rills and backfill depths, culvert standards and outfalls of culverts. Jared Carter, 169 Mason St, Attorney representing the Nix's, stated no expert testimony has been received to contradict these reports and the public access issue should not be addressed in the Use Permit process. Robert Reid, 1141 W. Standley St., mentioned the large slide above Clay St. is on the same hillside as the Nix development and expressed concern with the instability of the orange Clay soil, and mentioned that expert testimony has been received contradicting Mr. Rau's soil reports by Bob Wallen, instructor of Geology, and stated the issues of the creek, rock quarry, two 10,000 gallon water tanks and original Staff recommendations for an Environmental Impact Report are significant reasons why an EIR is appropriate. Public Hearing Closed 8:58 p.m. Break 8:55 p.m. Reconvened 9:04 p.m. The City Attorney reviewed and advised Council of the legal requirements and issues of this project. Discussion ensued regarding a universal soil loss equation, City liability, County and City requirements, grading, CEQA guide- lines and mitigation to prevent significant adverse impacts, rock quarry aesthetics, and the prescriptive easement issue of Public access in Gibson Creek watershed. Reg. Mtg. June 7, 1989 Page 5 296 Councilmembers Schneiter and Shoemaker expressed concern regard- ing the timeframes for fixing the existing problems. M/S Schneiter/Wattenburger to affirm Planning Commission's ap- proval of Use Permit No. 89-49 and acceptance of Negative Decla- ration and condition the Use Permit with condition No. 6, that requires the professional engineer hired by Mr. Nix to submit to the Community Development Director a schedule of work and timeframes for that work and agree on a periodic schedule to submit reports to the approval of City Staff regarding the sta- tus of improvements. Discussion ensued regarding how much time to mitigate and Coun- cil questioned Mr. Rau as to a date. Mr. Rau answered the homesite slide and the fill below that could be stabilized by October 31, 1989. The previous motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker and Vice-Mayor Schneiter. NOES: None. ABSENT: Councilmember Hickey and Vice-May- or Schneiter. 12a. Adoption of Resolution amendinq City Council Procedures of Conduct, Resolution No. 87-46, Section 6 - Aqenda The City Manager stated that there is a typographical error in the number of the Resolution proposed to be amended, in the Agenda and in the draft Resolution, noting that the correct Resolution Number is 87-41, not 87-46 as shown in the Agenda packet. He advised the Council that these proposed changes are needed to streamline the business of the Council meetings and to provide as much information as possible for agenda items, and recommended moving the agenda cut-off date up on~ day. M/S Schneiter/Shoemaker approved Resolution No. 89-45, amending Section 6(a) of the procedures of conduct of the City Council Meetings for the City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger and Schneiter. NOES: Councilmember Shoemaker. ABSENT: Councilmember Hickey and Mayor Henderson. 12c...Matter of Expiration of Commission Appointments M/S Shoem~ker/Wattenburger to direct the City Clerk to advertise the upcomzng Commission vacancies, and for those whose terms are due, request they reapply if interested in continuing their terms. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker and Vice-Mayor Schneiter. NOES: None. ABSENT: Councilmember Hickey and Mayor Henderson. It was the general concensus of Council to ask Doug Baker to reapply and directed staff to prepare an amendment to Ordinance No. 559 to reflect this interpretation of the wording in Section 1200. Councilmember Shoemaker asked for staff recommendations regard- ing the length of break in the terms of the Commissioners. 12d. Adoption of Resolution Increasinq Rates for City Attorney Services. M/S Wattenburger/Shoemaker adopted Resolution No. 89-46, Increas- ing fees for legal services. The motion was carried by the fol- lowing roll call vote: AYES: Councilmembers Wattenburger, Shoe- maker and Vice-Mayor Schneiter. NOES: None. ABSENT: Councilmember Hickey and Mayor Henderson. Reg. Mtg. June 7, 1989 Page 6 297 12e. Request from County Chambers for meetinqs. of Mendocino to use City Council The City Manager stated due to increased judicial activity, the County Board Chambers must be used a portion of the week for a courtroom, and those Boards and Commissions that meet in those rooms must meet elsewhere, and recommended the Council Chambers as they sit unused during the day, with the exception of Budget Hearings. Nelson Redding, Second District Supervisor, thanked the Council for the consideration of this short term solution to the over- crowding at the County Courthouse and was under the impression that all the Boards and Commissions need to use the Council Chambers. Sheridan Malone, 305 Hillcrest Ave., expressed the desire of the downtown merchants for the County Administration to remain in the downtown area permanently. M/S Shoemaker/Wattenburger to allow the County to use the facili- ties, and authorize the City Manager to recover incurred costs. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, and Vice-Mayor Schneiter. NOES: None. ABSENT: Councilmember Hickey and Mayor Henderson. It was the general concensus of Council to consider Item 2f. Approval of Aqreement to Buy and Sell City of Ukiah Fire Depart= ment Equipmentafter the Redevelopment Agency meeting. Break to Redevelopment 9:58 p.m. Reconvene 10:09 p.m. 12f. Approval of Aqreement to Buy and Sell City of Ukiah Firo Department Equipment. M/S Shoemaker/Wattenburger to authorize the Mayor to sign the agreement with the Ukiah Valley Fire Protection District to buy and sell City of Ukiah Fire Department Equipment. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, and Vice-Mayor Schneiter. NOES: None. ABSENT: Councilmember Hickey and Mayor Henderson. CITY COUNCIL REPORTS Councilmember Wattenburger None. Councilmember Shoemaker Reported that all of Council, City Manager and City Clerk are invited to attend the Sun House Guild luncheon on the 20th, and would like staff to research recycled paper costs v.s. new paper. It was the general concensus of Council for staff to check costs of recycled paper and new paper. Councilmember Schneiter Reported on Monday's LAFCO meeting and wishes the Mayor to recon- sider another appointment to MCOG as he just can't seem to make the afternoon meetings after the LAFCO meetings in the morning on the same day. ADJOURNMENT There being no further business, the meeting was adjourned at 11:20 p.m. Reg. Mtg. June 7, 1989 Page 7 298 Reg. Mtg. June 7, 1989 Page 8