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HomeMy WebLinkAboutMin 11-18-8757 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - NOVEMBER 18, 1987 The City Council convened in a regular session at 6:37 p.m., in the Public Meeting Room at the Civic Center, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Schneiter, Shoemaker, Hickey, and Mayor Henderson. Absent: Councilmember Kier. Staff present: City Manager Payne, City Attorney Rapport, Public Works Director/Engineer Pedroncelli, Community Development Director Harris, Personnel Officer Horsley, and Recording Secretary Smith. INVOCATION/PLEDGE OF ALLEGIANCE Mayor Henderson delivered the Invocation and Councilmember Shoemaker led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES Mayor Henderson made changes on Page 3, second paragraph, under 9a, as follows: "Councilmember Kier believes AB1693 has become part of the Main Street Program". She further requested a change of wording in the fourth paragraph under 9b. It should be changed to read as follows: "Since LAFCO's action on the Bush Street Annexation is not acceptable, the City should recommend denial of the Gerald King annexation". M/S Hickey/Schneiter approved the City Council Minutes of the Regular Meeting of November 4, 1987, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Kier. RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section I094.6 of the Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR M/S Shoemaker/Hickey approved the Consent Calendar Items 6a, 6b, 6c and 6d, as follows: 6a. Approved the Payroll Warrants of November 18, 1987, #16096 to #16246, in the amount of $97,205.28. 6b. Approved the General Warrants of November 18, 1987, #36153 to #36293, in the amount of $1,463,294.25. 6c. Denied the Claim for Damages, Stan Quarles, and referred to Insurance Carrier. 6d. Approved the Report of Administrative Actions and Proposals (R.A.A.P.). The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Kier. UNFINISHED BUSINESS 9a. Matter of Northwestern Pacific Railroad Company Easement The Public Works Director recommended the City Council authorize the Mayor and City Clerk to execute the easement document conveying easements from the Northwestern Pacific Railroad to the City, subject to and on the condition that the developer, Mr. Akerstrom, execute an Indemnification Agreement. He stated Mr. Akerstrom expressed concern over this Agreement. He briefly outlined the past City Council action on this item. The City Attorney advised Council that Northwestern Pacific Railroad Company is in the position of granting an easement to the City to serve the Airport Industrial Park, but the City must indemnify the railroad against any claim made against the railroad as a result of the use of that easement. The City requested the railroad limit the scope of the Indemnification requirement, without success. Since the railroad would not limit the Indemnification requirement, the City must require the property owner to provide the City a similar Indemnification. Mayor Henderson questioned the difference in this particular project. The City Attorney indicated that the City doesn't volunteer to acquire an easement to benefit a particular project. He further explained the City is not putting in a storm drain system as part of its overall storm drain plans. These improvements were necessitated by the development itself. Discussion followed concerning the requirements of public purpose in order to condemn and how it affected this project and the way the project will proceed. Gary Akerstrom, North Counties Engineering, explained that the water main improvements would provide service to the park and also provide water service on Airport Road. He expressed concern over having to indemnify the City against anything that goes wrong with their water main. He advised Council that he didn't want to sign a blanket indemnification. The City Attorney clarified what the City was asking for in the Indemnification Agreement. He stated that the language in the indemnification package will have to be revised. The City Manager advised the developer that he is not being asked to do anything unusual. M/S Schneiter/Hickey moved that the City Council authorize the Mayor to execute the attached easement document relative to the development of the Industrial Park, subject to the City Attorney rephrasing the Indemnification Agreement which Gary Akerstrom must sign. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Kier. PUBLIC HEARING 7a. Use Permit Application No. 88-15, Robert Harris and Olaf Gross - Marlene Street The Community Development Director reported that the Planning Commission considered and approved this Use Permit to construct two fourplex structures on the east side of Marlene Street. The Commission recommends finding the Negative Declaration adequate and complete and to approve the Use Permit, subject to the 16 conditions that the Planning Commission recommended. PUBLIC HEARING OPENED - 7:10 p.m. PUBLIC HEARING CLOSED - 7:10 p.m. Councilmember Shoemaker commended the project. M/S Schneiter/Hickey moved to find the Negative Declaration of Environmental Impact on Use Permit Application No. 88-15 adequate and complete. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Kier. M/S Schneiter/Hickey approved Application No. 88-15, subject to the provisions outlined in the Staff Report. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Kier. 7b. Appeal of Use Permit Application No. 88-18, Ben Rome - South Dora The Community Development Director reported that the Planning Commission considered and denied Use Permit No. 88-18 at their October 28, 1987 meeting. Said Use Permit is for expansion of an existing residential care home at 1127 S. Dora from 11 to 17 clients. The permit was denied due to inadequate access Reg. Mtg. November 18, 1987 Page 2 to the project. Until such time as adequate vehicular access can be provided, staff recommends the City Council uphold the Commission's denial. Councilmember Schneiter discussed the fact that Ukiah Medical Center was asking for an approximate 2½ acre quitclaim in exchange for widening Mr. Rome's driveway onto their property. PUBLIC HEARING OPENED - 7:16 p.m. Inge Dietrich, lawyer for Applicant, 515 S. School Street, indicated that if the ratio was changed there would be enough parking in the front of the building and no need for two-way access to the rear of the building. She further advised that the 16' x 224' lot, which adjoins Mr. Rome's property, has been ingressed and egressed since 1946. She also stated that the proposed quitclaim deed offered by the neighboring physicians is unfair. Mayor Henderson suggested the applicant might want to go through the City process for a variance in the parking requirements. Attorney Dietrich requested, upon submission of reasonable evidence, to reduce the number of required spaces so that the front of the building can accommodate the necessary parking. Discussion followed as to the requirements involved in applying for a variance and if it would affect this appeal. After verification that a new variance would be a completely separate entity with the appeal process still allowable, it was decided by Attorney Dietrich to withdraw the appeal for this Use Permit and reapply for a variance through the Planning Commission. PUBLIC HEARING CLOSED - 7:28 P.M. 7c. Zoning Code Amendment Application No. 87-64, Homeless Facilities Ordinance. Mayor Henderson commended the Staff and the Planning Commission for their years of work on this project. The City Manager added his words of appreciation to all concerned. The~Community Development Director indicated that there was a great deal of public input and further explained the process of establishing the Ordinance. He stated the goal was to have an impact on the homeless problem without a negative impact on a particular neighborhood and stated the Ford Street and Project Sanctuary will be grandfathered, each having over 13 occupants. The Use Permit process will have to be used to put in a facility with over 13 people. There will be a revocation and review process to alleviate problems that may arise after the permit is issued. As it reads now, there is not an appeal process. This is to make it easier for a facility to go into affect if they meet all the criteria. It also provides assurances that the residents have opportunities to review who and what is going in. The Planning Director recommended that the Council open the public hearing, and if necessary direct staff to provide additional data or modify ordinance, or introduce the ordinance as recommended by the Planning Commission. The City Manager recommended the City Council include an appeal process to be fair to both the applicant and neighbors. The City Attorney advised Council that the thinking behind the lack of an appeal process was to provide some administrative finality so that once the standards were articulated they could get on with the facility rather than by public opinion. He suggested that should the City Council want to include an appeal process that Section 1203 of the City Code would serve as one method of doing so. The City Manager agreed that Section 1203 would be appropriate. Discussion followed concerning the appeal process. Reg. Mtg. November 18, 1987 Page 3 6O Councilmember Shoemaker expressed concern on page 2, under Section 9171 - Location of Homeless facilities. He felt that it should be stated differently. It now reads that a small homeless facility cannot be placed in an R-1 zone, but a large one can with the Use Permit process. He felt that if a large one is allowed with a use permit a small one should also be allowed. Discussion followed concerning wording alternatives for this Section. There was some discussion concerning the fee for the Use Permit being $20.00 and that the amount is not written into the ordinance. The Community Development Director noted that on Page 4, second paragraph under ii. should read, "Said notices shall indicate ..." rather than "Said notices have also indicated"... Councilmember Hickey expressed the feeling that a 5' x 10' outside area is not enough to accommodate children. He was also concerned about the number of bathrooms. The Community Development Director explained the Planning Commission's discussion concerning different types of facilities and what could be done under the application process. Discussion followed concerning the referral process. Councilmember Schneiter commented on Page 2, Section Two, regarding R-1 zones. He would like to exclude both small and large facilities in an R-1 zone. Councilmember Shoemaker added that he felt that a portion of the area adjacent to Perkins Street should also be excluded (Perkins to Clay and Main to the railroad tracks). RECESS: 8:17 P.M. RECONVENED: 8:26 P.M. PUBLIC HEARING OPENED - 8:26 p.m. Sheridan Malone, 305 Hillcrest, Planning Commissioner, addressed Council with information concerning the process of arriving at some of the decisions in the Zoning Code Ordinance. Mary Fleischmann, Mendocino County Youth Project (MCYP), Crisis Coordinator, advised Council regarding children in home situations, it is MYCP intent to pursue establishing such a facility because of the homeless youth. Mike Pucci, Mendocino County Development Commission, advised the Council that he feels the operational plan creates a lot of discretion. The ordinance does protect the rights of the homeless, but it also could use some strengthening in allowing some type of administrative appeal process. He ~lso felt there has to be a referral process. PUBLIC HEARING CLOSED - 8:35 P.M. City Manager explained that Section 9230 deals with the revocation of the permit. It does not deal with an administrative review, or a public hearing. The way it is written it is a permanent, non-reviewable decision. He feels that the appeal process should be dealt with publicly. Councilmember Shoemaker referred again to Section 9171 and the small homeless facilities in an R-1 zone. He would like to see it rewritten to show that they be allowed in R-1 zones with the securing of a Use Permit. Councilmember Schneiter would like it to read that neither small nor large facilities be allowed in an R-1 zone. He felt that the Use Permit process would tie up Staff. Councilmember Shoemaker noted that one-third to one-half of the town is R-1 and if one-third of the properties in R-1 zones is not used, perfect opportunities would be lost. Reg. Mtg. November 18, 1987 Page 4 61 Mayor Henderson felt that this Section was formulated after the initial public hearings and that if it were to be changed, those same people would have complaints. The Community Development Director indicated at the time of the hearings there were no discussions about the Use Permit process. The main concern was having a review opportunity and the Use Permit would allow the noticing procedure and public input. Councilmember Shoemaker moved to amend Section 9171 to allow small homeless facilities in an R-1 zone, with the securing of a Facility Permit and a Use Permit. The motion died for lack of a second. Councilmember Schneiter questioned whether there should be further public hearings. Staff stated there had been more specific and broader noticing for this meeting than usual. M/S Schneiter/Hickey to direct Staff to provide additional rewrites, to add an appeals process, exclude that portion of Perkins east to the railroad tracks down to Clay Street, and continue item to the December 2, 1987 meeting. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Kier. COMMENTS FROM AUDIENCE None CITY COUNCIL REPORTS Councilmember Schneiter Reviewed a Mendocino Council of Governments (MCOG) meeting he attended on November 16, 1987. A Solid Waste presentation was given by Mr. Dan Garvin. Notes of the meeting will be presented to Councilmembers in the future. Mr. Schneiter outlined the costs associated with a proposed study funded by Outer Continental Shelf (OCS) money to develop a solid waste plan that has been approved by the State. The City would be obligated to share future costs. If a solid waste site was initiated, MCOG would then operate the site. He further stated OCS would like various Councils to report back with their feelings pertaining to this study. Council directed a letter to be written on behalf of the City of Ukiah to Duane Wells, Chairman of MCOG, stating that the City does not support any part of the study and the City is unanimous in leaving things as they are. He also reported that Caltrans is behind schedule on the freeway project that will be running between Weibel and the Cookie Factory. There will be four lanes and an overpass at School Way. A letter, dated December 1986, from Jim Eddy, was discussed. The letter pertained to Styrofoam trash. Councilmember Shoemaker Reported on the Chamber of Commerce meeting of November 18, 1987. He stated Bill Lindsteadt requested the Chamber's support for the sewer line grant to the Carousel Industrial Park. The Chamber will send a letter endorsing the program. The Chamber also discussed making a video of the Ukiah area, the Christmas Program to be held on November 30, 1987, Civic Center Christmas lights, and reported the Outstanding Achievement Award dinner will be held December 14, 1987. Reg. Mtg. November 18, 1987 Page 5 Mr. Shoemaker further advised that from November 20 to December 20, there will be a "Shop Ukiah" promotion. The City has been asked to help renovate the Ukiah sign at the south end of town. The total cost will be $2,400.00 and requested Council donate $300.00 or $400.00. Discussion followed as to enlarging the portion on the sign mentioning the Sun House. He further advised that the Chamber budget was approved. Councilmember Hickey Mr. Hickey advised Council that the Fire District Ad-hoc Committee met with the Fire District Board members and that some progress was made. The Fire District accepted the concept that they have contracted with the City for service and are not a partner in the operation of the City Fire Department. A meeting is scheduled for December 15, 1987 to discuss costs. Mayor Henderson asked Councilmembers if anyone was aware of another proposed gravel study. The City Attorney advised the Council on the status of the County Gravel Study. Mayor Henderson Reported that the League of California Cities met at the Civic Center. Mayor Henderson was appointed to the Transportation and Public Works Committee for the League. Saturday was spent at a Water Forum and Sunday the Senior Citizen Center dedicating the building to George Bartlett. She advised Council that she is agendizing reactivating the Industrial Development Commission for the December 2, 1987 Council meeting. CLOSED SESSION None ADJOURNMENT There being no further business, the meeting was adjourned at 8:44 p.m. Karen L. Smith Recording Secretary Reg. Mtg. November 18, 1987 Page 6