Loading...
HomeMy WebLinkAboutmin 11-05-86403 COMMENTS FROM AUDIENCE None. CITY COUNCIL REPORTS Councilmember Schneiter Asked about R.W. Beck's Report. Questioned whether prezoning will continue and staff responded that it would. Asked if striping will occur at the Sun House parking lot. Noted attended Monday's MCOG meeting. Councilmember Shoemaker Questioned when LAFCO's meeting regarding property tax exchange will be rescheduled. Asked when Orchard/Perkins street traffic radius exchange will occur. Requested item be agendized for next City Council meeting to have an updated staff report on the project. Commented on League Conference he attended in Los Angeles. Mayor Henderson Commented on R.E.M.I.F. Conference she attended in New Orleans. ADJOURNMENT There being no further business, the meeting was adjourned at 10:32 p.m. Yvette S. Hayes City Clerk Reg. Mtg. November 5, 1986 Page 7 401 Mark White, Sacramento, Pacific Waste Management's Senior Vice-President, explained how refuse would be charged and disposed. He noted his company does not have any plants operating but some in the permit process. He believes they could have 7 to 11 megawatts of energy to sell when said plant was in full operation. Leif Farr, 305 Scott Street, expressed concern with the project proposed and believes the City should not enter into a contract with UEI. Karen Bonime, 1112 Elm Street, expressed concern with environmental and health impacts if the plant were permitted to operate and believes alternatives need to be explored. Mark Gabrielle, 2399 No. State Street, winemaker and manager at Cresta Blanca, expressed concern with the trash burning facility located next to Cresta Blanca Winery. He believes it will cause many health problems and will have adverse effects on the winemaktng process. Mark White, Pacific Waste Management, addressed some of the previous concerns; noting that the site next to Cresta Blanca is being abandoned and that extensive environmental review will be done before a plant is constructed. The City Manager commented on the issue that negotiations begin again regarding transportation of the City's solid waste to UEI or a successor company. He reviewed the previous five years' talks and negotiations on the same issue. He believes that each time this issue is brought before the City Council the City becomes the focal point. He suggested that UEI complete negotiations first with other prospective solid waste customers then present the same to the City and they will review the matter. Thus, the City will no longer be the first negotiator, but instead the last. Councilmember Schneiter questioned the loose wording he believes is written into the letter of intent. Discussion ensued. M/S Schneiter/Shoemaker does not recommend staff taking any action on UEI's request at this time. The motion was carried by the following roll call vote: Councilmembers Schneiter, Shoemaker, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey and Kier. 10b. Letter from League of Women Voters Regarding Distribution of Pamphlets in Utility Bills Nancy Verville, League of Women Voters, explained the League's interest in distributing the brochure in the City of Ukiah. She noted that another City in Mendocino County will be distributing the brochure in its utility bills and would like to see the City do the same. The League is offering their help to accomplish this task. Councilmember Schneiter asked if the County will distribute the brochure in the unincorporated areas. Mrs. Verville replied that discussions have not started as of yet. The City Manager reviewed communications with Mr. Gerald Davis regarding the City's assistance in distributing the brochure. The City Manager noted that staff is willing to discuss with Mr. Davis the distribution, but would like to find the most efficient way to do so. Discussion ensued. M/S Schneiter/Shoemaker staff work with the County to see that the brochure gets distributed to all households in the City of Ukiah. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmember Hickey and Kier. Mrs. Verville asked that the League be involved somehow in the discussions and if possible the distribution. Reg. Mtg. November 5, 1986 Page 5 4O2 Council indicated that was appropriate. NEW BUSINESS lla. Adoption of Resolution Amending Memorandum of Understanding Between City and Community Development Commission The City Manager noted a communication from the Community Development Commission requesting two changes to a Memorandum of Understanding. He introduced Mr. John Stiff to present the same. John Stiff, 2050 Burke Road, explained the new resolution proposed is an amendment to Resolution No. 85-64. CDBG representatives are requesting the clarification in the line items. Mayor Henderson noted a typo error in the resolution's previous Memorandum of Understanding's date. M/S Schneiter/Shoemaker adopted Resolution No. 87-29, Amending a Memorandum of Understanding between the City of Ukiah and the Community Development Commission of Mendocino County. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey and Kier. llb. Approval of Institute of Museum Service Grant - Sun House Suzanne Abel-Vidor explained the grant proposal; that by using the Guild's operating expenses, the contributions of the volunteers, and the Sun House's budget, the request will be approximately $10,000. She noted the grant will help fund two clerical helpers that will finish the collections inventory and condition assessment project and the republication of the "Painter Lady" which requires revision of the catalog at the end of the book. Mayor Henderson reminded all that in no way were the two positions proposed to be added to the Sun House's budget when and if the grant monies are depleted. M/S Shoemaker/Schneiter authorized the City Manager to sign the necessary certificates and assurances to complete a grant application for the 1987 General Operating Support from the Federal Institute of Museum Services. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey and Kier. llc. Matter of Preliminary Permit for Lake Pillsbury Hydroelectric Project - No. 3877-000 The Electric Utilities Director explained reinstating the City's Preliminary Permit application with FERC to develop a hydroelectric facility at Scott Dam. This would provide the City the time to do an Economic Analysis to determine whether the project is feasible. Discussion ensued regarding the proper steps to take to see if the resource is feasible. M/S Schneiter/Shoemaker authorized staff to proceed with reinstating a Preliminary Permit application with FERC in regards to developing a hydroelectric facility at Scott Dam. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmember Hickey and Kier. lld. Authorize City Manager to Execute Application Under NCPA Billin~ Procedures The City Manager explained the application formalizes an informal procedure to sale or purchase excess energy and/or capacity. M/S Schneiter/Shoemaker authorized the City Manager to execute the application under NCPA billing procedures. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmember Hickey and Kier. Reg. Mtg. November 5, 1986 Page 6 399 PUBLIC HEARING CLOSED - 7:21 P.M. M/S Shoemaker/Schneiter to not impose a developer fee to help finance temporary school facilities and reject the School District's Findings and Notice regarding Conditions of Overcrowding because the School District now has the power to impose these fees themselves. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, and Mayor Henderson. NOES: None. ABSENT: Councilmembers Hickey and Kier. 9b. Appeal of Use Permit Application No. 87-11 - Ukiah General Hospital Mayor Henderson noted a letter in the packet was addressed to her husband four years ago. Her husband no longer represents General Hospital on this matter or any other matter thus there is no conflict of interest. The Planning Director explained the Planning Commission's decision to grant the expansion of Ukiah General Hospital. Their action is being appealed by Mrs. Doris Rush and Ms. Janet Floyd. PUBLIC HEARING OPENED - 7:27 P.M. Pano Stephens, Attorney representing Ukiah General Hospital, explained the proposed addition. He noted the addition will not be adding any new noise to the area. He expressed concern with Condition No. 16 of the Use Permit. Kelly Morgan, Administrator of Ukiah General Hospital, explained the need for the addition and how the hospital proposes to build acoustical barriers around the air equipment. Janet Floyd, 1155 Marwen Drive, expressed concern with the existing noise and not the building of the proposed addition. She noted, favor for Paoletti/Lewitz/Associates, Inc. Proposal b. of how to construct a noise barrier. Further she wanted clarification on Condition No. 16 and believes that Condition No. 9 should have acoustical louvers added to it. Sam Goldberg, M.D., 620 So. Dora, Suite 201, explained how he believes the addition will benefit the medical profession and the community. Vince Valenti, M.D., 1101 So. Dora Street, explained the need for the addition at Ukiah General Hospital. Pano Stephens, addressed Ms. Floyd's concerns and believes that if too many conditions are further imposed the costs may go against the project. Reiterated that constructing a noise barrier was the hospital's own imposed condition and would like to stay with Paollette/Lewitz Proposal a. He further requested that Condition No. 16 be eliminated. Janet Floyd, discussed why she was the only one present to oppose the Planning Commission's decision and noted why continual complaints of the noise seem to be a wasted effort. PUBLIC HEARING CLOSED - 8:04 P.M. Council discussed Condition No. 16, how often the monitoring should be done and how to hold the hospital accountable for compliance with the Noise Ordinance. There was also discussion with Condition No. 12. After considerable discussion: M/S Schneiter/Shoemaker uphold the Planning Commission's decision to approve Use Permit Application No. 87-11, with the following amendment to Condition No. 12: All open gaps in the wall surrounding the chillers shall be filled by replacing the wooden sections of the enclosure with a construction equivalent to the remainder of the walls, and the north wall end shall be raised to full height, or whatever other improvements may be necessary to comply with the City Noise Ordinance. The following amendment to Condition No. 16: City of Ukiah Noise Ordinance must be complied with now, during and after completion of new construction. Reg. Mtg. November 5, 1986 Page 3 400 Monitoring of the noise levels to the satisfaction of the City shall be at the developer's expense. To uphold the basis of Planning Commission's findings. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, and Mayor Henderson. NOES: None. ABSENT: Councilmembers Hickey and Kier. RECESS: 8:24 P.M. RECONVENED: 8:32 P.M. 9c. Introduction of Ordinance Amending Zoning Code - Outdoor Sales Establishments The Planning Director explained that the Planning Commission and the Ad-hoc Committee believe the regulations are appropriate. The Planning Commission approved the Code modifications. Councilmember Shoemaker questioned the parking requirement of the Code. Councilmember Schneiter questioned the timing of garage sales. PUBLIC HEARING OPENED - 8:40 P.M. There was no one present to speak on the issue. PUBLIC HEARING CLOSED - 8:41 P.M. M/S Shoemaker/Schneiter requested introduction of Ordinance No. 862 by title only with an amendment to Page 2, Item (b)(1) to read: Parking - parking shall be designated for a minimum of 3 automobiles, located off the public right-of-way with no automobile maneuvering permitted in the public right-of-way. The use permit may require additional parking, depending on the nature of sales proposed. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmember Hickey and Kier. The City Clerk introduced Ordinance No. 862. M/S Shoemaker/Schneiter introduced Ordinance No. 862, Regulating Outdoor Sales Establishments. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, and Mayor Henderson. NOES: None. ABSENT: Councilmembers Hickey and Kier. 9d. Adoption of Resolution Approving General Plan 1986-C - Documentation Changes The Planning Director noted the minor modifications and statistical updates to the document which reflect changes that have occurred since 1984. PUBLIC HEARING OPENED - 8:52 P.M. There was no one present to speak on the issue. PUBLIC HEARING CLOSED - 8:53 P.M. M/S Schneiter/Shoemaker adopted Resolution No. 87-28, adopting General Plan Amendment 1986-C, with the amendment to Exhibit A, Colleen B. Henderson and Fred Schneider. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, and Mayor Henderson. NOES: None. ABSENT: Councilmembers Hickey and Kier. PETITIONS AND COMMUNICATIONS 10a. Letter from Ukiah Energy, Inc. The City Manager explained the packet received from Mr. Ed Titlow. Mr. Ed Titlow, 129 Park Place, explained the reasons for wanting to reopen negotiations and decisions regarding the intent of Ukiah Energy, Inc. (UEI). He believes the interest from Modern Waste Management is sincere and noted the monies held in an escrow account. Reg. Mtg. November 5, 1986 Page 4 397 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - NOVEMBER 5, 1986 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: Schneiter, Shoemaker, and Mayor Henderson. Absent: Councilmembers Hickey and Kier. Staff present: City Manager Payne, City Attorney Rapport, Public Works Director Pedroncelli, Planning Director Harris, Electric Utilities Director Roper, Finance Director Vara, and City Clerk Hayes. INVOCATION AND PLEDGE OF ALLEGIANCE The Public Works Director delivered the Invocation and Councilmember Schneiter led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S Schneiter/Shoemaker approved the City Council Minutes of October 14, 1986, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, and Mayor Henderson. NOES: None. ABSENT: Councilmembers Hickey and Kier. Mayor Henderson noted a correction to the City Council Minutes of October 15, 1986. On Page 3, Paragraph 5, change . . . and meeting in five (5) days . . . to read . . . and meeting after five (5) days . . . M/S Schneiter/Shoemaker approved the City Council Minutes of October 15, 1986, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, and Mayor Henderson. NOES: None. ABSENT: Councilmembers Hickey and Kier. M/S Shoemaker/Schneiter approved the City Council Minutes of October 23, 1986, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, and Mayor Henderson. NOES: None. ABSENT: Councilmembers Hickey and Kier. DISCUSSION OF RURAL RENAISSANCE - JOHN TURNER - DEPARTMENT OF ECONOMIC DEVELOPMENT The City Manager noted that Council expressed interest in the new legislation on Rural Renaissance. He was directed to invite Mr. John Turner from 'the Department of Commerce, the chief administrators and councilmembers of the three incorporated cities of Mendocino County, and the County of Mendocino to attend this said meeting for a presentation. John Turner, Department of Commerce Office of Local Development, addressed the Council. He noted that there is $8 million available for 41 rural counties; Mendocino County to receive $145,400. The County will be the applicant or grantees. The contract will be between them and the Department of Commerce. Programs chosen should further economic development and such activities are: promotion and advertising of economic development in tourism, staffing and operating costs of local economic development programs, data collection - sight inventories and brochure development and printing, market studies - project feasibility studies and local economic development strategic plans, and other related job creation and retention activities. Applications may be submitted beginning December 1, 1986; then the Department of Commerce has 90 days in which to act. He believes the County should work in concert with agencies and cities to promote economic development of all entities. There was considerable discussion by all regarding Rural Renaissance. Those present in the audience to ask questions were: Leo Meskis; Vice-Mayor of Fort Bragg, Va! Edward; Fort Bragg Chamber; Gary Milliman, Administrator of Fort Bragg; Frank Feliz, Community Director in Fort Bragg. Reg. Mtg. November 5, 1986 Page I 398 Mr. Turner introduced Karen O'Dowd, who will be the field representative for Mendocino County. There was no action taken. DISCUSSION WITH ARCHITECT, VICTOR LOPES - YOKAYO SITE Victor Lopes discussed the construction schedule and noted that the completion date is set for July 1, 1987. RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR M/S Shoemaker/Schneiter approved the Consent Calendar Items 8a, 8b, 8c, 8d, 8e, 8f, 8g, 8h, 8i, 8j, and 8k, as follows: 8a. Approved the Payroll Warrants of November 5, 1986, #11887 to #12030 in the amount of $92,230.98. 8b. Approved the General Warrants of November 5, 1986, #32951 to #33099 in the amount of $1,670,782.39. 8c. Denied the following Claims for Damages and Referred the Matters to the Insurance Carrier: i. Robert and Sue Winiger, on behalf of Theodore Robert Winiger ii. Donna Sanders 8d. Awarded the following bids: i. Various Electrical Conduit, Bonds, Boxes, Etc. to Consolidated Electric Distributor in the amount of $6,513.70, Industrial Electric Service in the amount of $2,461.96, and Western States Electric in the amount of $17,646.24. ii. Various Copper and Aluminum Electrical Conductors to Consolidated Electric Distributor in the amount of $9,070.77 and Western States Electric in the amount of $18,013.48. iii. A new 1987 3/4 Ton Heavy Duty Pickup Truck with Service Body to Cox Motors in the amount of $13,669.12. 8e. Rejected all bids received for a 1986/87 Heavy Duty Two-Ton Cab and Chassis Truck and authorized the item to be rebid. 8f. Approved Georgia-Pacific/Louisiana Pacific annexation to Millview and made note to LAFCO that all essential services must be in place prior to development. 8g. Accepted the Notice of Completion from Lee Howard Construction Company for the Drainage Facilities on Standley Avenue and the City Corporation Yard. 8h. Adopted Resolution No. 87-25, abandoning excess street right-of-way - Despina Drive. 8i. Adopted Resolution No. 87-26 approving the Final Map for Sierra Sunset, Unit Three. 8j. Adopted Resolution No. 87-27, approving Final Map for Vineyard View, Unit Three. 8k. 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, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey and Kier. PUBLIC HEARING 9a. School Facilities Fees The Planning Director explained that in response to a request from the Ukiah Unified School District the City Council is holding said hearing. PUBLIC HEARING OPENED - 7:20 P.M. There was no one present to speak on the issue. Reg. Mtg. November 5, 1986 Page 2