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HomeMy WebLinkAboutmin 09-03-86379 The City Manager commented on recent letter from County Administrator that he and Mr. Redding would not be able to attend the Redevelopment Meeting if held on September 25, 1986. Council decided to reschedule Redevelopment Meeting for September 23, 1986 at 7:00 p.m. Council stated that the subject of increasing Council's salary be agendized on October 1, 1986 Council Meeting. The City Manager recommended proceeding to Closed Session to discuss Meet and Confer. M/S Kier/Schneiter to go into Closed Session to discuss the following: 1. Meet and Confer. The motion was carried by a unanimous voice vote. NOES: None. The Council went into Closed Session at 10:10 p.m. The Council reconvened at 10:45 p.m. ADJOURNMENT There being no further business, the meeting was adjourned at 10:45 p.m. Yvette S. Hayes City Clerk Reg. Mtg. September 3, 1986 Page 7 377 M/S Shoemaker/Schneiter deny General Plan Amendment 1986-B. Councilmember Hickey stated that he believes this action is premature. Councilmember Kier stated that if the General Plan is denied now he believes that the County will not mitigate the City's concerns. The motion was declared lost by the following roll call vote: AYES: Councilmember Shoemaker. NOES: Councilmembers Schneiter, Hickey, Kter, and Mayor Henderson. It was the consensus of Council that General Plan Amendment 1986-B would be re-agendized when a draft EIR is ready for review. NEW BUSINESS lla. MCOG Reorganization - Henderson Mayor Henderson discussed the possibility of combining MCOG and MTA Boards, but keeping the same make of them. The administrator would be hired directly by MCOG. Councilmember Kier noted that MCOG will meet again next Wednesday and would like to have Council's feelings toward the proposed MCOG-MTA reorganization. Councilmember Hickey and Schneiter stated that they would recom~end maintaining the two separate boards and keep the same structure of them. The City Manager proposed that the MCOG and MTA Boards discuss severing the tie with the County and using the same monies to hire independent staff or supplement the existing staff of MTA and then have them serve as the official liaison to both boards; thus a unified administration. Councilmember Hickey stated that he would be opposed to such a proposal. Nelson Redding, County Supervisor and serves on the MCOG Board, addressed Council stating that the MCOG Board is beneficial with its combined representation. He believes that MCOG is an important vehicle to discuss such issues as solid waste. Councilmember Schneiter stated that as he understands MCOG was established to address only regional planning. The City Attorney stated that MCOG's JPA, under which they operate, provides that MCOG have an advisory function of mutual interests, the specific power act of a transportation planning agency and may undertake economic development planning of Mendocino County as a whole. And before any other issues may be addressed, a resolution must be passed. Discussion ensued regarding the interpretation of MCOG's functions. Council did not take any further action on said subject. llb. Authorize City Man_a~er to Si~n Joint Pole Agreement with Pacific Bell Councilmember Schneiter ]_eft at 9:28 p.m. because he works for Pacific Bell. The City Manager explained that the agreement before Council is an arbitration agreement regarding a joint pole agreement adopted and to which has been followed for almost 50 years. The disputed concerns are how Pacific Telephone is charged by the City for the use of the City poles. M/S Kier/Hickey authorized the City Manager to sign the approved arbitration agreement. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Schneiter. Councilmember Schneiter returned at 9:30 p.m. Reg. Mtg. September 3, 1986 Page 5 378 llc. Award of Bid - Disposal of Transformers Mayor Henderson explained that she pulled this item from the Consent Calendar because she wanted to know how many transformers are to be disposed of and where they have been stored. The City Manager noted that they are stored in a covered containment basis at the Corporation Yard. The Electric Utilities Director explained PCB containment and what constitutes a PCB transformer, how they are tested and disposed of, all of which follows EPA guidelines. He did note that a hold-harmless clause will be added to the contract when awarded. M/S Kier/Shoemaker awarded the bid to Chemical Waste Management for the disposal of transformers in the amount of $18,546. Said company shall provide a hold-harmless clause. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. COMMENTS FROM AUDIENCE None. CITY COUNCIL REPORTS Councilmember Schneiter Stated he missed MTA meeting that day. Councilmember Shoemaker Requested that Council's representative to MTA research the possibility of 24-hour taxi service. Councilmember Hic~y Noted he had attended an NCPA meeting held at Murphy's and inspected the entire project while there. Councilmember Kier Commented on the upcoming MCOG meeting for the following Wednesday. Mayor Henderson Attended League meeting in Eureka and noted that Rural Renaissance was the topic. She announced that she had volunteered the City of Ukiah to host the next League meeting in January. Explained the Electrical Energy Conservation Committee's request that there be a Councilmember liaison for them. There was discussion as to why the Committee is still meeting when they are basically dormant until the interim report is ready for review. Councilmember Shoemaker will meet with the Committee when review of interim report is at hand. The City Manager noted that information will be provided on when interim report will be done. Mayor Henderson further noted she had attended North Coast Regional Water Quality Control Board meeting. Was hosted at Marine World during Ukiah Day at the park. Will attend Sun House meeting tomorrow regarding the plans for the Opening Ceremony for the Grace Hudson Museum. Reg. Mtg. September 3, 1986 Page 6 375 Councilmember Htckey asked if the property on Hospital Drive would remain as is. Mr. Meier responded that it would. PUBLIC HEARING CLOSED - 7:05 P.M. M/S Hickey/Kier adopted the Negative Declaration of Environmental Impact for Zone Change Application No. 87-5, C-2 to C-1 finding it adequate and complete. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. Councilmember Shoemaker expressed concern with development happening outside the downtown area. M/S Hickey/Schneiter to introduce Ordinance No. 859 by title only. The motion was carried by a unanimous voice vote. NOES: None. The City Clerk introduced Ordinance No. 859. M/S Hickey/Schne~ter to introduce Ordinance No. 859, amending Chapter 2, Division 9 of the Uktah City Code by rezoning property (Zone Change Application No. 87-5). The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. 8b. General Plan Amendment 1986-B - Proposed Land Use Changes The Planning Director explained that the proposed General Amendment encompasses 185 acres bounded by Orr Springs Road/Masonite Haul Road on the north, U.S. 101 Freeway on the east, Lover's Lane on the south, and foothills on the west. The applicant has requested the change of land designation from Agriculture to Suburban Residential. He discussed the issues raised at the Planning Commission's Public Hearings: that the environmental evaluation needs to be updated, the traffic situation needs addressing, housing demand needs to be considered, determining whether the area is prime agricultural land, impact on the schools, property values, available urban services and jobs and what approval exists at the County level now makes overall planning for the area difficult. Council questioned and discussed the following issues: how zoning PD affects specific land use designations, who would provide an updated EIR, and how an EIR could be unbiased if the applicant did the hiring. The Planning Director addressed those issues. The City Attorney pointed out that CEQUA sets guidelines and processes for an EIR. The City Council does the final review and action on an EIR. PUBLIC HEARING OPENED - 7:32 P.M. Robert Dallas, 1696 Despina, explained he conducted a traffic survey and believes there are a number of problems in the area that will continue to mount if more development occurs. David Riemenschneider, attorney representing ROAR (Residents Opposed to Annexation and Rezoning). He identified a number of concerns area residents have; the General Plan Amendment is a comprehensive plan and the area in question is too large an area to change, doesn't believe the General Plan is outdated, an EIR is very appropriate for said General Plan Amendment, believes that the 1982 EIR should not be a basis for a new EIR, and prime agricultural land should not be lost. Mary Dallas, secretary to ROAR, opposed to the General Plan Amendment and believes that Ukiah can stop urban sprawl and preserve the present quality style of living. Georgia Portlock, 391 Lovers Lane, believes the area should remain as prime agricultural land. She further commented on how traffic will increase. Reg. Mtg. September 3, 1986 Page 3 376 Darwin Richardson, 510 Chablis, commented on the high density in the Sierra Sunset area and believes this could happen in the Lover's Lane section. Also, traffic will increase and further complicate matters. Joe Wheeler, 732 Hunts Drive, Eureka, represents L.P. He stated that L.P. is considering buying TRC assets and the Masonite Road is a necessity to this business. Housing alongside the road will create many problems. Gale Young, 420 Zinfandel, opposed to annexation and stated that relating to the Rental Assistance Program, the HUD housing group only sent him single family applicants. Don Gehring, 1091 N. State Street, representing and consultant for Andy Beckstoffer. Explained that Western Developers has no relationship to Mr. Beckstoffer. He believes that by adopting a master plan for said area will alleviate future traffic problems and all other concerns can be addressed. He further believes that if the City doesn't take action in said area then it is most likely the parcels will be sold individually and developed in the same manner. Ann Brown, 380 Sherry, stated she is from Orange County where they used to grow oranges. Because of rapid growth, they are there no longer. She believes that Ukiah too will lose their greenbelt if development continues. Morgan Ruddick, Talmage, he operates the vineyards and stated that the area of concern is no longer a viable area for farming. Frank Johnson, Mendocino and Mill Streets, stated that farming is a business and not for area residents beauty. He believes that farming and residential areas are not compatible. Marilyn Ogle, 1541 Gamay Place, believes an EIR should be totally financed by the developer and that no City staff time should be spent on it. She too addressed the traffic issue. The following expressed their opposition on the General Plan: Maryalee Moore, 620 Malaga San O'Near, 1551 Gamay Place Frank Palazio, 1501 Despina Drive The Mayor stated at the time of 8:10 p.m., there would be no more public input. Councilmember Schneiter asked Mr. Gehring if he thought Mr. Beckstoffer would pay for an EIR. Mr. Gehring responded negatively. Council discussed a required EIR, what the County may require, staff evaluating the draft EIR, if an EIR should address a particular agency providing services, and how additional housing would affect the wastewater services. The City Manager noted that no matter what development occurs, changes to the wastewater treatment plant are being mandated by the Regional Water Quality Control Board. M/S Hickey/Schneiter before any further consideration can be made on the requested change in land use, Council is requiring an updated EIR that addresses the City's General Plan Amendment. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. RECESS: 8:45 P.M. RECONVENED: 9:00 P.M. Councilmember Shoemaker commented that he understands from Mr. Gehring's comments that Mr. Beckstoffer won't do an EIR. Reg. Mtg. September 3, 1986 Page 4 373 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - SEPTEMBER 3, 1986 The City Council convened in 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, Hickey, Kier, and Mayor Henderson. Staff present: City Manager Payne, City Attorney Rapport, Public Works Director Pedroncelli, Electric Utilities Director Roper, Planning Director Harris, F~nance Director Vara, Personnel Officer Horsley, City Manager's Secretary Stamelos, and City Clerk Hayes. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Henderson delivered the Invocation and the City Attorney led the Pledge of Allegiance. PROCLAMATION - LITERACY AWARENESS WEEK/SEPTEMBER 7-13, 1986 Mayor Henderson read the Proclamation acknowledging Literacy Awareness Week and presented the same to Roberta Valdez. APPROVAL/CORRECTION OF MINUTES Councilmember Hickey requested a word change to the August 20, 1986 minutes. Page 1, 8th paragraph, third line, change: work to word. M/S Hickey/Schneiter approved the City Council Minutes of August 20, 1986 as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR Mayor Henderson requested that Consent Calendar, Item 7d, Award of Bid - Disposal of Transformers be pulled and placed under New Business as Item llc. M/S Hickey/Kier approved the Consent Calendar, Items 7a, 7b, 7c, 7e, 7f, 7g, 7h, as follows: 7a. Approved the Payroll Warrants of September 3, 1986, #11292 to $11441 in the amount of $101,885.15. 7b. Approved the General Warrants of September 3, 1986, #32414 to #32564 in the amount of $947,109.80. 7c. Approved the lease agreement for parking - McCoy's, Sky Ranch Christmas Tree Lot, and authorized the Mayor and City Clerk to execute said agreement. 7e. Accepted the Notice of Completion from RAO Construction Company, Inc. for the construction of Oak Street Widening between Jones and Clay Streets and directed the City Clerk to file the same. 7f. Approved writing-off the uncollectible accounts of 1985/86 in the amount of $44,508.70. 7g. Authorized the City Manager to sign a release to the County of Mendocino for damages to City property. 7h. 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, Htckey, Kier, and Mayor Henderson. NOES: None. Reg. Mtg. September 3, 1986 Page 1 374 PETITIONS AND COMMUNICATIONS 9a. Letter from Community Development Commission Requesting Approval of Application for Section 8 Rental Assistance The City Manager explained the request from CDC noting that the activity is consistent with City's General Plan. Councilmember Hickey expressed concern that the more subsidized housing the City provides, the more people we are inviting into our area. Mayor Henderson believes there are many waiting for rental assistance and we should try to provide for their needs. M/S Kier/Shoemaker authorized the City Manager to forward a letter to the Mendocino County Community Development Commission indicating their increased participation in the Section 8 Existing Program is consistent with the City of Ukiah's General Plan. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Kier, and Mayor Henderson. NOES: Councilmember Hickey. UNFINISHED BUSINESS 10a. Set Date For Public Hearing Regarding School Impact Fees The City Manager commented on current legislation being proposed; City and County being removed from imposing impact fees now would be regulated by local schools. He suggested waiting to hold the public hearing until close to the end of the review period. The City Attorney stated that he has not reviewed the new law, but believes the City has an obligation to set the date and hold a public hearing. M/S Kier/Schneiter a public hearing is set for November 5, 1986 to consider school impact fees. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. 10b. Discussion of Draft Resolution - Reimbursement of Service Club Expenses The City Manager commented on the work staff has done to compile said resolution and explained the restrictions in the resolution. Councilmember Hickey believes the resolution could promote the City better. There was discussion regarding the controls or restrictions, where the costs would be budgeted and how the expenses pertained to the Meyers Milias-Brown Act. M/S Hickey/Schneiter adopted Policy Resolution No. 17, declaring policy regarding reimbursement of service club expenses for Council and specific City employees. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. PUBLIC HEARING 8a. Zone Change Application No. 87-5 - Moreno and Company The Planning Director explained the zone change is from C-2 to C-N for 15+ acres immediately north of the J.C. Penney's Complex. He noted what uses would be allowed. PUBLIC HEARING OPENED - 7:04 P.M. Peter Meier, representative of Moreno and Company, 1050 Northgate Drive, San Rafael, stated he was present to address any questions Council may have regarding the zone change. Reg. Mtg. September 3, 1986 Page 2