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HomeMy WebLinkAboutMin 02-15-89237 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - FEBRUARY 15, 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, Schneiter, Hickey and Mayor Henderson. Staff present: Acting City Manager Pedroncelli, City Attorney Rapport, Community Development/Assistant Executive Redevelopment Director Harris, Finance Director Vara, Administrative Secretary Stamelos, and City Clerk McKay. INVOCATION/PLEDGE OF ALLEGIANCE Councilmember Hickey delivered the Invocation and Boy Scout Dan Monlux of Troop No. 72 led the Pledge of Allegiance. PROCLAMATION 4. Scouts in Government Day The Community Development Director reported that every year the City provides a day in government for Boy Scouts to earn and receive their merit badge called "Scouts in Government." He noted the scouts met at 9:00 a.m. today here with staff for a tour of the Civic Center and the Hydro Electric site at Lake Mendocino Dam, then lunch with return to their respective schools. He reported they are attending tonight to sit with their assigned counterparts to observe government in action. Mayor Henderson introduced her counterpart Dan Monlux, Brian Baker who was Vice Mayor Schneiter's counterpart, Bob Layer who was Councilmember Hickey's counterpart, Eric Crane who was Councilmember Shoemaker's counterpart, Bernie Busic who was Councilmember Wattenburger's counterpart, Brad Bender who was City Clerk McKay's counterpart, and Ryan Cole who was Acting City Manager Pedroncelli's counterpart. Mayor Henderson read and presented the Proclamation of Scouts in Government Day for February 15, 1989 to Kathy Crane, Boy Scout District Representative. APPROVAL/CORRECTION OF MINUTES Councilmember Wattenburger made a correction to the City Council Minutes of the Regular Meeting of February 1, 1989, as follows: Page 3, Item 8a, fifth paragraph, fifth line, change the NOES vote of "None" to "Councilmember Wattenburger." Councilmember Shoemaker made corrections to the City Council Minutes of the Regular Meeting of February 1, 1989, as follows: Page 3, Item llb., first paragraph, sixth line, change the word "store" to "move," and Page 4, second paragraph, second line, omit the wording "to prepare for the joint City/County Standards Committee meeting." M/S Hickey/Wattenburger approved the City Council Minutes of the Regular Meeting of February 1, 1989, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Hickey. NOES: None. ABSTAIN: Mayor Henderson. RIGHT TO APPEAL Mayor Henderson reviewed Sections 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR M/S Shoemaker/Hickey approved the Consent Calendar Items 7a, 7b, 7c, 7d, 7e, 7f, 7g, 7h, and 7i, as follows: 7a. Approved the Payroll Warrants of February 15, 1989, #24948 to 25111, in the amount of $100,696.69. 238 7b. Approved the General Warrants of February 15, 1989, #40172 to #40376 (voided #40175-40178), in the amount of $732,238.55. 7c. Denied the Claim for Damages from Dianna L. Skidmore, and referred to the Insurance Carrier. 7d. Awarded bid for Chlorinators and Miscellaneous equipment for the City Pool to Bensco, Inc., for Items 1, 2, 5, 7 and 8 with only one each of Items 4 and 6 for a total amount of $4,168.35. 7e. Awarded bid for 3 compact sized pickup trucks (2 standard cab and 1 extended cab) to Ukiah Nissan, in the amount of $24,518.00. 7f. Awarded bid for one 3/4 Ton Truck with Utility Body to Cox Motors, in the amount of $14,197.69. 7g. Rejected all bids for one 1-Ton Truck Cab and Chassis only and authorized staff to purchase through the State Cooperative Purchasing Office for $12,528.00. 7h. Authorized the City Clerk to file the Notice of Completion for Water Main Improvements, Specification No. 88-07a performed by Midgely Construction. 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 Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. COMMENTS FROM AUDIENCE Sheridan Malone, 305 Hillcrest Avenue, stated he cannot be in attendance for Item lla., and noted that when City Staff issued the use permit to the Wilsons for a skateboard ramp, they had no knowledge of the intensity of future use and indicated the Planning Commission's interpretation of accessory use was proper as the City's residential zones are valued highly for their peacefulness and feels the skateboard ramp's use impacted the whole neighborhood with its noise. UNFINISHED BUSINESS 10a. Adoption of Resolution Appointing Airport Commissioner. Councilmember Hickey nominated Don Parsons to fill the vacancy of Don King on the Airport Commission which expires June 30, 1989. Councilmember Shoemaker seconded the nomination. Councilmember Wattenburger nominated Doug Baker to the same vacancy. Mayor Henderson noted this position on the Commission is appointed by the Mayor with approval from the Council and she then appointed Doug Baker. Resolution No. 89-28, appointing Doug Baker to the Airport Commission to fill the unexpired term of Don King, which expires June 30, 1989; was approved with the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: Councilmember Hickey. 10b. Matter of Contract for Ukiah Valley Fire District with the City of Ukiah (Continue to after Closed Session). The City Attorney recommended this item be continued until after the agendized Closed Session later. It was the general consensus of Council to continue this matter under Closed Session. NEW BUSINESS lla. Appeal of Planning Commission's Code Interpretation, Skateboard Facilities in an R-1 zone - Wilson. The Community Development Director reported the Planning Commission considered an interpretation of the zoning code relative to accessory uses in an R-1 zone Reg. Mtg. February 15, 1989 Page 2 239 at their meeting of January 25, 1989, regarding a skateboard ramp facility located at 618 So. Oak owned by Pat Wilson, who had obtained a use permit to build the skateboard ramp. He noted the City receiving a petition with 18 signatures on December 7, 1988, from neighbors complaining of the noise and lowered quality of the neighborhood as a result of this skateboard ramp located in Pat Wilson's backyard. The Planning Commission made the determination that the use of skateboard facilities is not a residential accessory use. Mayor Henderson commented although this is not a Public Hearing she will allow comments from the audience. Barry Vogel, 280 No. Oak Street, stated he is the attorney for the appellant Pat Wilson and noted he has concerns regarding the noticing of the Planning Commission's meeting and this Council's meeting regarding this issue and stated that once a use permit has been issued a governing body cannot retroact on it. He indicated his client is willing to resolve the noise with baffling and limiting the quantity and time of use and feels the instruction to remove this structure is an infringement of citizens rights and indicated the accessory use of this facility should be addressed the same as a backyard swimming pool accessory use. He stated it,would not be appropriate to order a swimming pool's owner to remove the pool due to complaint of noise from the neighbors. Brian Wilson, 618 So. Oak Street, stated he is willing to enforce a time and quantity of users restriction. Pat Wilson, 618 So. Oak Street, stated he is frustrated with the democratic process, and feels the Planning Commission gave a predetermined, arbitrary decision. He indicated his offer of a compromise of sound deadening installation, restriction of time and use is fair. He feels the noise levels generated do not violate the decibal level requirements in the noise code. Troy Bashford, 420 Eastlick, feels the description of the noise generated by the ramp from the neighbors is not factual. He reported that skateboarders have followed the rules, except himself, as he was upset. Mike Cannon, 313 Jones, feels the analogy to a swimming pool is not correct, as a pool's use does not create a continuous drum noise that is able to be heard in a closed up house located three doors up the street. He reported nearby neighbors include a day sleeper, a woman with a baby and a woman who has a nerve disease. He stated he is not against kids but feels the neighborhood also has the right to protect their property values and quality of life. He submitted a letter from a neighbor who could not attend this meeting to the Council. Leroy McCann, 330 Mill Street, stated he lives behind the Wilson's and his parents are not bothered by the noise and feels the noise does not violate the decibal restriction in the noise code. Cindy Hansen, 610 So. Oak Street, stated she lives seven feet from the ramp and cannot use her home when the ramp is in use due to the noise. Robert Hansen, 610 So. Oak Street, stated he protested the ramp at the pre-issuance of the Use Permit. He also noted the value stated on the Use Permit is $500.00 and now he hears evaluations approaching $2,500.00. He reported kids from out of town are using the skateboard ramp and feels he is a prisoner in his own home. When he talked to a realtor about selling his home, he was told he would have to disclose the noise from the skateboard ramp and stated no one would want to buy a $100,000.00 home with that noise seven feet away, therefore, is unable to sell his house. Shirley Johnson, 309 Jones Street, stated she has a nerve disease called Addisons Disease and the noise from the Wilson's is excessive and should be stopped. Barry Vogel, 280 No. Oak Street, indicated the City should resolve this issue, although the appellants should have worked out a use agreement with the neighbors referring to a barking dog analogy. Reg. Mtg. February 15, 1989 Page 3 24O Councilmember Schneiter indicated how the Council votes on this issue is not a reflection of how they feel about our youth as the City has created excellent recreation programs for young people in our community. Councilmember Hickey questioned the City Attorney regarding the legal issues of this problem. The City Attorney indicated both sides may have vested rights but the issue now is the impact on the neighbors and stated the noise ordinance contains a common decency standard in which it is unlawful to make or continue loud noise which creates discomfort to a neighborhood and the ordinance sets up criteria for criminal and civil remedies. He reported that the Council needs to determine if this is an appropriate accessory use in a residential zone and this is an interpretation of the code. Discussion ensued pertaining to sound deadening and moving and storing the ramp. Councilmember Hickey stated this issue is not adults against the youth as the City has always been interested in the youth of the community, but adults have rights too. He stated the City should help in the relocation, and feels the skateboard ramp is inappropriate in a neighborhood. Councilmember Shoemaker indicated a desire to please both the kids and the homeowners and feels the City should reimburse the Wilson's for the materials used in the skateboard ramp, use a crane to remove the ramp from the Wilson's backyard and to store the ramp until a skateboard park is developed. He feels the noise and the ramp is not appropriate in a backyard and should be removed. Mayor Henderson stated she appreciates the Wilson's offer of compromise, but would only service as bandaids to the problem and desires to sew up the wound instead. Councilmember Schneiter stated he is willing to compromise by offering to move and store the ramp with the possibility of providing a site for a skateboard park if the skateboarders could provide an umbrella coverage for liability and help with manpower. M/S Shoemaker/Schneiter to deny the Wilson's appeal of the Planning Commission Code Interpretation of Skateboard facilities in an R-1 zone. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. There was a motion by Councilmember Schneiter to direct the Director of Parks and Recreation Department to take a leadership role and to participate with the youth groups, Mr. Wilson and place the City's facilities and assistance to the group. Mayor Henderson indicated the appropriate direction should be to staff and not anyone directly. M/S Schneiter/Shoemaker to direct staff to take a leadership role and to participate with the youth groups and Mr. Wilson and place the City's facilities and assistance to the group. The motion was carried by the following roll call vote: AYES: Councilmember Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. Mayor Henderson requested a report back to Council at its next meeting. Councilmember Shoemaker expressed concern regarding the legalities of taking of the skateboard ramp and feels the Wilson's should be reimbursed for the materials. Pat Wilson, 618 So. Oak Street, stated the reason why the ramp was built was because the kids were not allowed to skate on the streets, the sidewalks or in parking lots and he just wanted to provide a place for the kids to be able to skate. He stated if the ramp can be moved to a facility where all the kids in the community could learn to use it properly, he doesn't care about reimbursement. Reg. Mtg. February 15, 1989 Page 4 241 Councilmember Shoemaker supports this effort but noted the destruction to private and public property from freestyle skateboarding has to stop if they desire continued City support. RECESS: 7:43 P.M. RECONVENE: 7:50 P.M. PUBLIC HEARING 9a. Appeal of Planning Commission denial of Variance Application No. 89-37, 214 N. Dora Street - Sandelin. Councilmember Hickey questioned the City Attorney if he has a conflict of interest regarding this issue as Roe Sandelin is a relative of his wife. The City Attorney answered only if Councilmember Hickey has a source of income that is affected. Councilmember Hickey answered no, he doesn't. The Community Development Director reported that the Planning Commission considered a variance for a fence within the front setback area located at 214 No. Dora Street, and denied it by a 4-2 vote as they could not make the necessary findings regarding a grant of special privilege and unusual circumstances. PUBLIC HEARING OPENED: 7:55 P.M. Roe Sandelin, 214 So. Dora Avenue, stated he feels there are special circumstances of, 1) noise from foot, bicycle and motor vehicle traffic is higher than normal, 2) this fence will become a living fence as Star Jasmine will be planted and trellised, which would eliminate any harshness of appearance, 3) he feels their main entrance (there are two) faces Smith Street and, therefore, this fence is a backyard fence and, 4) there exists many illegal setbacks in his neighborhood. Gregory Simms, 204 No. Dora, is Sandelins neighbor next door and supports the Sandelins efforts and the proposed location of the fence. John McCowen, Ukiah, stated this fence's proposed location is 24 or 25 feet from the street, does not block any visibility and there are no health and safety violations and indicated the Sandelins should be allowed to use their backyard. PUBLIC HEARING CLOSED: 7:08 P.M. Discussion ensued pertaining to neighborhood conditions. M/S Wattenburger/Shoemaker to grant the appeal of the Planning Commission's Denial of Variance Application No. 89-37, with the following findings: 1. Special circumstances of the property is that the public right-of-way extends 12 feet toward the property from the curb and there exists unusual amount of noise from the traffic on Dora Avenue. 2. This approval of the variance would not be detrimental to the health, safety or welfare of persons residing in the area. 3. Other properties in this area have similar circumstances and thus this is not a grant of special privilege. 4. This property is a corner lot. The motion was carried by the following roll call vote: AYES: Councilmember Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. 9b. Use Permit No. 81-39(b), Airport Industrial Park. The Community Development Director reported that at the direction of the City Council, the public hearing process was initiated for reconsideration of the Generalized Land Use Plan of the Airport Industrial Park Planned Development Use Permit, U.P. 81-39. He noted this procedure was initiated in response to Reg. Mtg. February 15, 1989 Page 5 242 a concern expressed by Mr. Bobby Kennedy, who is the property owner of Assessor's Parcel No. 180-07-003 located north of Hastings Road adjacent to the railroad tracks in the Industrial Park, that he was not notified in 1981 of the original Use Permit and Planned Development zoning. He reported that the Planning Commission held their public hearing on this subject on January 25, 1989 and determined that the Generalized Land Use Plan should remain as it is, with "Office Commercial" north of Hastings Road, with the subject property not to be changed to "Railroad Oriented Industrial." PUBLIC HEARING OPEN: 8:20 P.M. Frank Bacik, 169 Mason Street, attorney for Bobby Kennedy stated his concerns regarding the property's history of use is industrial, noting that the commercial designation is not appropriate and in fact he feels the City has down zoned the property. He stated his client now is not able to expand his business with much needed Cedar drying kilns due to the current use designation. He also noted a railroad right-of-way is still viable with a railroad spur having been in existence at one time, going into the subject property. He stated that the Office Commercial designation is not correct for an industrial used property with railroad access. Discussion ensued pertaining to the Kennedy/Cagle partnership, dates and notification of hearings being sent to Mr. Cagle. Gary Akerstrom, Redwood Business Park, reported on the Cagle/Kennedy partnership purchasing the subject property with Mr. Kennedy buying out Mr. Cagle's interest in 1988 and provided Council with copies of the deeds. He also reported to Council on the County's zoning of this subject property as C-3 prior to the annexation to the City and stated it was not the City who down zoned this property, it was already zoned C-3, five years before the City annexed it. He also noted the rail spur into this property has not been used since 1972, and feels railroad use is not practical, noting even Masonite only ships three to five percent of its material via railway, and distributed copies of an article on railway use north of San Francisco to the Council. Bob Kennedy, Primeville, Oregon, stated when he and Jim Cagle were partners they worked together every day and if Cagle had received notice of the public hearing in 1981, he would have told him about it if he had in fact received it. He also stated he feels the railroad future use is a real issue and would hope to expand enough to have enough sales to be able to ship via the railroad. He commented that this current designation of Office Commercial with a legal non-conforming use is a handicap as he cannot purchase the needed kilns to dry his own Cedar, and Office Commercial property is not as valuable as Industrial and stated there is no market for Office Commercial Property. Don Wagner, Redwood Industrial Park, does not want to see the continuation of industrial use of the subject property reporting the noise and soap and grease coming from the washing of equipment is excessive. PUBLIC HEARING CLOSED: 8:58 P.M. M/S Hickey/Schneiter to grant the amendment to the use permit to change the land use designation of parcel No. 180-07-003 from Office Commercial to Industrial. The motion was denied by the following roll call vote: AYES: Councilmember Hickey. NOES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NEW BUSINESS (CONTINUED) llb. Introduction of Ordinance Authorizing Interest Charges on Delinquent Payments. The Finance Director reported that there exists no specific section in our Municipal Code that deals with interest charges for any delinquent charges or past due amounts owed to the City of Ukiah, and therefore, for the City to be able to charge interest on any obligations owed to the City that are delinquent or past due, this proposed Ordinance is required. Reg. Mtg. February 15, 1989 Page 6 243 Discussion ensued pertaining to what type of overdue debts will be charged interest. Councilmember Hickey asked if the outstanding Fair Labor Standards Act repayments will be charged interest with this proposed Ordinance. The City Attorney answered that the payback options for the F.L.S.A. overpayments contains a no interest offer, therefore, constitutes a specific agreement and is not affected by this ordinance. Discussion ensued pertaining to rates of interest to be charged. The City Attorney recommended the following changes in the wording of this proposed Ordinance, as follows: Page 1, line 10, add "on the unpaid balance" after the word "interest," same line, add "a" after the word "at", line 11, change "interest" to "rate", line 12 omit "on the unpaid balance." M/S Hickey/Wattenburger to introduce Ordinance No. 884, containing the City Attorney's recommendations, by title only. The motion was carried by a unanimous voice vote. NOES: None. · The City Clerk introduced Ordinance No. 884 by title only. M/S Hickey/Wattenburger introduced Ordinance No. 884, adding Chapter 13 Entitled: Fiscal Regulations, to Division 1 of the Ukiah City Code. 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 Wattenbur~er None. Councilmember Shoemaker Reported the University of California campus location Task Force has expanded to include Ft. Bragg and Pt. Arena noting this has become a regional issue now, reported he will attend two meetings tomorrow, and discussed the skateboard issue regarding enforcement criteria. Councilmember Schneiter Reported on LAFCO and MCOG meetings on February 6, 1989. Councilmember Hickey Mentioned the upcoming APPA meeting in San Francisco and noted the Council should read the Public Power information on Council's desk. Mayor Henderson Mentioned the upcoming meeting with Assemblyman Dan Hauser at 10:00 a.m. on February 25, 1989, reported on the REMIF Seminar she attended last week, noted the Sanitation District will hold a Public Hearing here in the Council Chambers tomorrow night regarding annexations, reported the Council meeting of March 1, 1989 is cancelled due to lack of a quorum, reported on the Mayor/Manager meeting held in Willits, showed the Plaque given to the City from the Mardi Gras thanking the City of Ukiah for its years of continuous support, and reported she and Councilmember Shoemaker met with County Supervisors Butcher and Redding regarding the golf course back nine. CLOSED SESSION The City Attorney recommended that Council go into Closed Session under the Pending/Threatened Litigation exception to the Brown Act, Section 54956.9, Subsection B, to discuss Ukiah Valley Fire Protection District vs. City of Ukiah, County of Mendocino, Case No. 56504; a potential litigation issue, the Golf Course and a personnel matter. Reg. Mtg. February 15, 1989 Page 7 244 M/S Schneiter/Hickey to go into Closed Session to discuss the following: 1. Ukiah Valley Fire Protection District vs. City of Ukiab, County of Mendocino, Case No. 56504. 2. Potential Litigation. 3. Golf Course. 4. Personnel matter. The motion was carried by the following roll call vote; AYES: Councilmembers Wattenburger, Shoemaker, Hickey, Schneiter, and Mayor Henderson. NOES: None. RECESS to Redevelopment: 9:41 P.M. RECONVENED: 9:59 P.M. Council went into Closed Session at 10:00 p.m. Council reconvened at 10:44 p.m. Mayor Henderson stated that in the last one and a half years of negotiations with the Ukiah Valley Fire Protection the City of Ukiah has tried to help provide fire protection for the outlaying district, and noted the letter from Councilmember Schneiter was to be the final offer from the City. She reported the UVFP sent a counter offer to the City's final offer with only one concession. She stated the City will now make its final offer with only one change to the contract offer on page two, Paragraph 5, subparagraph b, increasing the limit of the City's maintenance and repair obligation from $50.00 to $250.00. Councilmember Schneiter stated this one year contract offer is to provide a one year breathing space for mitigation of the pending lawsuit and is not an indication of a long term contract. M/S Hickey/Schneiter to return the final offer of two weeks ago with the contract change on Page two, paragraph 5. Subparagraph b; changing "$50" to "$250" to the Ukiah Valley Fire Protection District as the City of Uk-~ah's last offer. The motion was carried by a unanimous voice vote of all AYE. NOES: None. The Council went back into Closed Session at 10:48 p.m. Council reconvened at 11:30 p.m. ADJOURNMENT There being no further business, the meeting was adjourned to February 25, 1989 at 10:00 a.m. in the Council Chambers, for an informal discussion with Assemblyman Dan Hauser. Cathy ~cKa~, City C~rk Reg. Mtg. February 15, 1989 Page 8