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HomeMy WebLinkAboutMin 08-05-8717 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - AUGUST 5, 1987 The City Council convened in a regular session at 6:30 p.m., in the Public Meeting Room at the Grace Hudson Museum. Roll was taken and the following Councilmembers were present: Shoemaker, Kier, and Mayor Henderson. ABSENT: Councilmembers Schneiter and Hickey. Staff present: Acting City Manager/Community Development Director Harris, City Attorney Rapport, Finance Director Vara, Personnel Director Horsley, Planning Assistant Yarbrough, City Manager's Secretary Stamelos, and City Clerk Hayes. INVOCATION/PLEDGE OF ALLEGIANCE Mayor Henderson delivered the Invocation and Councilmember Kier led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S Kier/Shoemaker approved the Regular Adjourned Meeting Minutes of July 13, 1987, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmembers Schneiter and Hickey. Mayor Henderson noted a correction to the City Council Minutes of July 15, 1987. Page 2, last paragraph, after the word letter, omit the rest of the sentence and add: with the possibility of later reagendizing the matter if the problem persists. M/S Kier/Shoemaker approved the City Council Minutes of July 15, 1987, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmembers Schneiter and Hickey. Mayor Henderson noted a correction to the Regular Adjourned Meeting Minutes of July 29, 1987. Under Item 2a, first paragraph, after the word concern, add: and inquired; joining the two sentences. M/S Kier/Shoemaker approved the Regular Adjourned Minutes of July 29, 1987, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmembers Schneiter and Hickey. Special Order of Business - Discussion with Architect, Victor Lopes - Civic Center Mr. Lopes noted the progress to date. He talked about the plastering contractor's refusal to work and explained how Mr. Crane will complete that portion of the contract. RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR M/S Kier/Shoemaker approved the Consent Calendar Items 7a, 7b, 7c, 7d, 7e, 7f, 7g, 7h, 7i, and 7j, as follows: 7a. Approved the Payroll Warrants of August 5, 1987, #14800 to #15124, in the amount of $230,157.24. Approved the General Warrants of June 29, 1987, #35143 to #35261, in the amount of $149,718.58 and the General Warrants of August 5, 1987, #35195 to #35288, in the amount of $732,445.64. 7b. Denied the following Claim for Damages and Referred the matter to the Insurance Carrier i. Ella Durm ii. John F. Rains 7c. Adopted Resolution No. 88-7, Establishing Speed Zones. Reg. Mtg. August 5, 1987 Page 1 18 7d. Approved the write-off of uncollectible accounts in the amount of $58,557.14. 7e. Adopted Resolution No. 88-8, Approving Final Map for Ford Street Subdivision. 7f. Approved the Job Description for Maintenance Custodian. 7g. Awarded the Bid for Civic Center Furniture to Kings Office Products in the amount of $16,832.39. Th. Awarded the Bid for Asphalt Concrete Surfacing on Various City Streets to Parnum Paving in the amount of $171,260.00. 7i. Awarded the Bid for 15KV Concentric Cable to Davis, Gregory & Doll Company, in the amount of $39,116.86. 7j. 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, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmembers Schneiter and Hickey. PETITIONS AND COMMUNICATIONS 9a. Letter From Keith Trouette - Resignation from Plannin~ Commission The Acting City Manager/Community Development Director noted the resignation letter from Keith Trouette. Councilmember Shoemaker suggested reactivating the applications from the July 15, 1987 meeting. Mayor Henderson directed the City Clerk contact those applicants and note their continued interest. The Planning Commission vacancy will be considered at the next City Council Meeting. NEW BUSINESS 10a. Development Standards for Properties North of Orr Creek The Acting City Manager/Community Development Director explained that an inquiry had been received regarding potential requirements for development of approximately 3½ to 4 acres on the east side of Orr Street, north of Orr Creek. Council recognized the need for a study session to consider development standards and criteria for the area north of Orr Creek. The study session date would be set at the next City Council Meeting. COMMENTS FROM AUDIENCE Paul Trouette, 115 Brush Street, noted the recent Redevelopment Report released. He is concerned with how redevelopment will affect properties north of town. Mayor Henderson explained many public hearings will be conducted to address all concerns. CITY COUNCIL REPORTS Councilmember Shoemaker Commented on Tree Ordinance article given to all Councilmembers. Noted attendance at a Chamber luncheon. Directed a Plus-5 Program Status Report be agendized for the next City Council meeting. Commented on recent legal ad to demolish the surplus buildings at the Civic Center. Reg. Mtg. August 5, 1987 Page 2 19 Councilmember Kier Noted at a recent MCOG meeting, the County's transportation plan was discussed. Noted the committee that is developing the Overall Economic Development Plan will meet tomorrow. Mayor Henderson Noted the Rural Renaissance Committee met. RECESS: 6:55 P.M. RECONVENED: 7:00 P.M. PUBLIC HEARING 8a. Appeal of Planning Commission Denial of Use Permit Application No. 87-53 - Nor/Cai/Ross The Acting City Manager/Community Development Director explained the Planning Commission's decision of July 8, 1987, to deny the Use Permit Application. The major issues considered by them were 1) whether the project was to be processed as a Use Permit or a Site Development Permit; 2) on-site dedication of Apple Avenue Right-of-Way; and 3) public access to Gobbi Street by means of Porzio Lane. The City Attorney explained why a Use Permit is appropriate for the project. PUBLIC HEARING OPENED - 7:11 P.M. Myrna Oglesby, 169 Mason Street, requested clarification on the issues to be addressed. Believes that since the Planning Commission unanimously determined not to extend Apple Avenue, then that issue should have been decided. The City Attorney noted that staff has renewed its opinion in recommending the extension of Apple Avenue and since no findings were noted by the Planning Commission, he believes the issue is still appropriate. The Acting City Manager/Community Development Director discussed the General Plan that notes the need to extend Apple Avenue. Myrna Oglesby discussed at length staff contending a sewer problem exists and the repeated discussion of extending Apple Avenue whereby bisecting the project and ruining the design and destroying the neighborhood. She suggested alternatives to staff's recommendations: extending Waugh Lane and that staff address and make corrections to the already unimproved sewer line instead of requiring the developer to provide a new City sewer line which services a greater area. Mrs. Oglesby further discussed the Porzio Lane access, development, and dedication. Nancy Richard, 792 Apple Avenue, stated she doesn't believe that Apple Avenue should be extended because of the already small yards that exist on Apple Avenue. It will be dangerous for the children and further suggested extending Waugh Lane. Eunice Knutson, 680 N. Bush Street, reiterated the Planning Commission's unanimous agreement not to extend Apple Avenue if Porzio Lane were widened and improved for public access. Jeanne Jackson, 2660 Mill Creek Road, discussed a minor subdivision requirement made to her when she was interested in developing her adjacent property. That she dedicate to the City a portion of a cul-de-sac at the end of Apple Avenue. She thought that when the cul-de-sac was discussed that ended the issue of extending Apple Avenue. Mel Woelfel, 4080 Burke Hill Drive, noted he has property on Porzio Lane in escrow. Believes if walkways were put up to the existing fence lines, that Reg. Mtg. August 5, 1987 Page 3 2O would be adequate to handle the public right-of-way requirement for the housing development in question. Victor Lopes, Architect for the project, talked about the design and noted that if Council approves the project, they can obtain a building permit by Friday, thus, beating the school impact fees requirement. Herb Gergory, 796 Apple Avenue, believes Apple Avenue should not be extended. PUBLIC HEARING CLOSED - 7:47 P.M. Mayor Henderson questioned the developer's forethought at the time he purchased the property as to how he was going to access it. Jack Cox, 551Pomo Lane, noted that the property was acquired in 1977 and at that time Main Street was to be extended. He believes Porzio Lane has sufficient access to handle the project. The City Attorney asked when the minor subdivision was done was the access addressed and what interest the developers have in the 20-foot right-of-way. Mr. Cox explained that when the minor subdivision was done and completed, they purchased the property. They assumed the access was addressed or the parcel could not have been subdivided. The 20-foot access is a fee ownership. Council discussed at length the ownership of the easements and access into Porzio Lane. Also discussed was the sewer main requirements. Mayor Henderson questioned if the developers had tried to purchase Parcel 11, noted on the Assessor's Map, so as to address the public access requirements. Mr. Cox responded that he believes providing public access could be more easily handled by the City. He previously suggested the City acquire Parcel 11. Councilmember Shoemaker suggested that possibly a tree on the corner of Gobbi and Porzio Lane will have to be removed. The City Attorney explained how the City can require sewer main standards and street dedications. Floyd Ross, 254 Fairview Court, questioned what the City believes is appropriate to providing public access. Mayor Henderson responded curb, gutters, sidewalks, and appropriate street widths were necessary. Council developed and refined the conditions for the Use Permit after much discussion. M/S Shoemaker/Kier adopted the Negative Declaration of Environmental Impact of June 29, 1987, Nor-Cai/Ross, Use Permit Application No. 87-83, Porzio Lane, South of Gobbi, as amended. Under Evaluation of Pro~ect, delete the third, fourth, and fifth sentences of the first paragraph. The motion was carried by the following roll call vote. AYES: Councilmembers Shoemaker, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmembers Schneiter and Hickey. M/S Kier/Shoemaker granted Use Permit Application No. 87-83 subject to the following conditions: 1. Standard Conditions 1-9. 2. Porzio Lane be dedicated as a public right-of-way with necessary improvements to be completed by developer to the approval of the City Engineer. Said improvements need not encompass a 50 foot right-of-way. The design for street improvements must be approved by the City Engineer prior to developer commencing any construction. The building permit for the project shall be expressly conditioned to require acceptance of the design and public right-of-way prior to commencement of any construction. Reg. Mtg. August 5, 1987 Page 4 21 3. The developer shall provide to the City a recordable map that adequately described the Porzio Lane public right-of-way being dedicated to the City. 4. Improvement plans for the street improvements be prepared by a registered Civil Engineer and submitted to the Director of Public Works for approval. 5. Street lighting to be installed as part of Porzio Lane Public Right-of-Way. 6. On-site drainage be taken through the sidewalk under the face of the curb into the street or taken into the existing drain system. 7. A water main be installed the length of Porzio Lane to the approval of the City Engineer. 8. Outdoor trash collection facilities and any roof mounted air conditioning apparatus be aesthetically screened from view. 9. A landscaping plan be approved by the Director of Planning prior to placement. 10. Ail landscaping be irrigated by an automated irrigation system and maintained in a neat, weed free manner. 11. On-site paving of parking areas to be a minimum of 2" of asphalt concrete over a 6" aggregate base. 12. Applicant shall retain a consulting civil engineer to perform a study of the impact the project will have on the existing sewer main on Gobbi Street. The approved sewer plan for the project shall comply with applicable sewer provisions of the City Municipal Code. The report of the consulting engineer shall be submitted to and approved by the City Engineer prior to developer commencing any construction. The building permit for the project shall be expressly conditioned to require compliance with this condition prior to commencement of any construction. 13. Ail Electric Utilities be installed underground at the expense of the developer as approved by the Director of Electric Utility. 14. Ail conditions of approval be completed prior to use and occupancy unless otherwise noted. and with the findings that: The project with conditions will not have a detrimental effect on the health, safety, or welfare of the City or persons residing or working in the neighborhood because: 1) traffic and emergency access can be adequately handled by Porzio Lane right-of-way; and 2) the project will otherwise be compatible with zoning and existing uses in the area. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmembers Schneiter and Hickey. Councilmember Kier commended staff for following Council's policies and noted it is Council's job to compromise. ADJOURNMENT There being no further business, the meeting was adjourned at 9:28 p.m. Yvette S. Hayes City Clerk Reg. 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