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HomeMy WebLinkAboutmin 07-16-86357 Adjournment There being no further business, the meeting was adjourned at 11:40 p.m. Yvette S. Hayes City Clerk Reg. Mtg. July 16, 1986 Page 9 355 10c. Approval of Agreement for Operation of the Sun House and Museum The City Manager explained that the contract has been reviewed and approved with one minor change to be made as requested by the City Attorney. On Page 7, Line 19, omit "the same," Line 20, omit "provided by the previous curator. These services include" and add "such as." He also explained the compensation payment part of the contract. Councilmember Hickey questioned the issue of grant writing; City and Guild proposing to write for grants. He asked if they would be competing against each other. He further questioned what advertising has been done to promote the opening in October. The City Manager and Suzanne Abel-Vidor responded. M/S Hickey/Schneiter approved the agreement for the operation of the Grace Hudson Museum and Sun House and authorized the Mayor and City Clerk to sign the same. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Kier. NEW BUSINESS lla. Letter from County of Mendocino Regarding Annexation - Henderson Mayor Henderson commented on the annexation issue and how important it is to continue discussion of said issue with the County. She suggested forming a committee with neighboring cities so as to formulate an equitable way to annex. The committee's findings would then be presented to the County. M/S Hickey/Schneiter the City of Ukiah's representatives to such a committee is Councilmember Kier, Mayor Henderson, and the City Manager; neighboring cities would be asked to partake alike. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Kier. llb. Adopt Resolutions i. Authorizing the Issuance, and'Prescribing the Terms, Conditions, and Form of $2,890,000 Principal Amount of City of Ukiah Electric Revenue Bonds, Series 1986B ii. Authorizing the Sale of $2,890,000 Principal Amount of City of Ukiah Electric Revenue Bond, Series 1986B and Directing Notice of Sale of Said Bonds to be Given, and Approving the Official Statement Relating to Said Bonds The City Manager explained the resolutions and Mr. Ernie Bodnar of Rauscher Pierce Refsnes, Inc. explained the upcoming sale of the bonds, and the process of competitive bidding in the market. M/S Hickey/Schneiter adopted Resolution No. 87-8, Authorizing the Issuance and Prescribing the Terms, Conditions, and Form of $2,890,000 Principal Amount of City of Ukiah Electric Revenue Bonds, Series 1986B. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Counctlmember Kier. M/S Hickey/Schneiter adopted Resolution No. 87-9; Authorizing the Sale of $2,890,000 Principal Amount of City of Ukiah Electric Revenue Bond, Series 1986B and Directing Notice of Sale of Said Bonds to be Given, and Approving the Official Statement Relating to Said Bonds. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Kier. llc. Set Date for Employee Picnic - Henderson Council set August 21, 1986 for the Council-Employee Picnic. Reg. Mtg. July 16, 1986 Page 7 356 lld. Matter of Letter from George Gustafson to the Board of Supervisors regarding painting at Library Mayor Henderson explained that it is the City who owns the painting LA-MU "The Dawn of Song" and it is more appropriate that the City request the painting be moved from the Library and be placed at the Grace Hudson Museum. M/S Hickey/Schneiter directed the City Manager to write a letter to the Board of Supervisors requesting the transfer of the painting LA-MU "The Dawn of Song" to the Grace Hudson Museum and note a replacement will be provided if the Library so desires. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Kier. lle. Matter of Letter from Pacific Bell regarding parking spaces Mayor Henderson suggested and Council concurred that staff should study the request of Pacific Bell to secure downtown parking spaces and present a negotiable proposal to them. COMMENTS FROM AUDIENCE Wallace Behm, 117 Mendocino Place, commented on the fact that two (2) items had been added to the agenda and it was not explained why. Further he noted it was difficult to hear some persons talk and suggested that all speak up. He believes that water and bathroom facilities should be provided for the public. CITY COUNCIL REPORTS Councilmember Schneiter None. Councilmember Shoemaker None. Councilmember Hickey None. Mayor Henderson Commented that she hoped another tour of the Hydroelectric Plant at Lake Mendocino would be forthcoming. CLOSED SESSION The City Attorney recommended proceeding to Closed Session under the Real Property exception to the Brown Act, Section 54956.8, to discuss the County's proposal to exchange portions of the Golf Course properties for various City properties. The negotiations will presumably be with the County Administrator's Office. M/S Hickey/Schneiter to go into Closed Session to discuss the following: 1. Real Property Exchange. The motion was carried by a unanimous voice vote: NOES: None. ABSENT: Councilmember Kier. RECESS: 11:10 P.M. The Council went into Closed Session at 11:15 p.m. The Council reconvened at 11:40 p.m. Reg. Mtg. July 16, 1986 Page 8 353 There was discussion among the Councilmembers regarding the process of prezoning and changing the General Plan. PUBLIC HEARING OPENED - 9:36 P.M. Ted Hester, Manager of P.G.andE., stated he is concerned for his P.G.and E. customers and believes that if pre-zoning occurs it will create a negative impact for them. Pat McAllister, 917 Dominican Way, representing the Citizens for Redevelopment and the Chamber of Commerce. They both support annexation. Don Gerhing, 1091 No. State Street, stated he supports prezoning and changing the four parcels in question from AE to PD. Nancy Verville, representing the League of Women Voters, believes that prezoning is premature and that proposed prezoning before annexation has been requested only confuses the public. Maryalee Moore, 620 Malga, believes prezoning is premature and if more development is allowed to occur in her area, it will only lower her property value, cause more traffic, and it invites more people into an already depressed area. Karen Bonime, 1112 Elm Street, believes prezoning is premature, and that an EIR should be done. Other uses for the agricultural land should be looked at before changing it to PD. PUBLIC HEARING CLOSED - 9:50 P.M. The Planning Director discussed the significance of holding said Public Hearing. Discussion ensued. M/S Hickey/Schneiter staff will proceed with Prezone Application No. 86-69, Ukiah North; the Mendocino County Assessor Parcel Numbers 170-010-05, 170-020-03, 170-030-01, and 170-040-01 properties be prezoned "PD", Planned Development and the remaining area to be prezoned per Planning Commission's recommendations. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Hickey, and Mayor Henderson. NOES: Councilmember Shoemaker. ABSENT: Councilmember Kier. This issue will continue to the August 6, 1986 City Council meeting. 8c. Electric Rate Adjustment The Electric Utilities Director commented on the electric rate adjustments proposed. The base rate is being reduced 5%, commercial rates are being reduced 5% with one (1) mill being added to arrive at the appropriate commercial base rate. Outdoor lighting schedule 1608-1, 2 and 3 would be changed from $.04079 to $.03614 per kwh. PUBLIC HEARING OPENED - 10:08 P.M. No one wished to speak on the issue. PUBLIC HEARING CLOSED - 10:09 P.M. M/S Schneiter/Hickey adopted Resolution No. 87-6, Electric Rate Schedule. 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 10b. ~doption of Resolutions Appointing Commission Members Airport Commission Councilmember Schneiter nominated Tim Morgan. Resolution No. 87-7 was adopted appointing Tim Morgan to the Airport Commission by the following roll call Reg. Mtg. July 16, 1986 Page 5 354 vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Kier. Councilmember Shoemaker nominated Lawrence Mitchell. Resolution No. 87-7 was adopted appointing Lawrence Mitchell to the Airport Commission by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Kier. Councilmember Hickey nominated Rudolph Light. Resolution No. 87-7 was adopted appointing Rudolph Light to the Airport Commission by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Kier. Planning Commission Mayor Henderson nominated Tom Mason. Resolution No. 87-7 was adopted appointing Tom Mason to the Planning Commission by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Kier. Councilmember Schneiter nominated Eunice Knutson. Resolution No. 87-7 was adopted appointing Eunice Knutson to the Planning Commission by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Kier. Councilmember Shoemaker nominated John Sheridan Malone. Resolution No. 87-10 was adopted appointing John Sheridan Malone to the Planning Commission by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, and Hickey. NOES: Mayor Henderson. ABSENT: Councilmember Kier. Councilmember Hickey nominated Frank McMichael. Resolution No. 87-11 was adopted appointing Frank McMichael to the Planning Commission by the following roll call vote: AYES: Councilmembers Schneiter, Hickey, and Mayor Henderson. NOES: Councilmember Shoemaker. ABSENT: Councilmember Kier. Parks, Recreation and Cultural Arts Commission Mayor Henderson nominated Pamela Armanino. Resolution No. 87-7 was adopted appointing Pamela Armanino to the Parks, Recreation, and Cultural Arts Commission by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Kier. Councilmember Schneiter nominated Thomas Cropp. Resolution No. 87-7 was adopted appointing to the Parks, Recreation, and Cultural Arts Commission by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Kier. Councilmember Shoemaker nominated Leif Farr. The nomination failed by the following roll call vote: AYES: Councilmembers Schneiter and Shoemaker. NOES: Councilmember Hickey and Mayor Henderson. ABSENT: Councilmember Kier. Councilmember Hickey nominated Alice Langton. Resolution No. 87-12 was adopted appointing Alice Langton to the Parks, Recreation, and Cultural Arts Commission by the following roll call vote: AYES: Councilmembers Schneiter, Hickey, and Mayor Henderson. NOES: Councilmember Shoemaker. ABSENT: Councilmember Kier. Mayor Henderson nominated H. W. Pullins. Resolution No. 87-7 was adopted appointing H. W. Pullins to the Parks, Recreation, and Cultural Arts Commission by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: ~Councilmember Kier. Councilmember Schneiter nominated Leif Farr. Resolution No. 87-13 was adopted appointing Leif Farr to the Parks, Recreation, and Cultural Arts Commission by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, and Hickey. NOES: Mayor Henderson. ABSENT: Councilmember Kier. Reg. Mtg. July 16, 1986 Page 6 351 PUBLIC HEARING 8a. ~doption of Resolution Approvin~ Use Permit Application No. 86-66 - Sierra Sunset Planned Development The Planning Director explained the revised plans by M & L Enterprises and staff as directed by Council's findings and conditions from the last meeting. PUBLIC HEARING OPENED - 7:53 P.M. Jack Daniels, 1381 Park Terrace, representing the Ukiah Unified School District, stated that the schools are at an impact crisis. Jim Hummer, 707-2nd Street, Suite 305, Santa Rosa, representing M & L Enterprises, discussed the increase of 47 units from the original plans is the only part that should be applied to a "window" fee or school impact fee. He questioned the rear yard setback condition and discussed a proposed access onto Despina Drive by six driveways. Nancy Verville, Russian River Cemetery District Board, questioned a fence that will be erected on adjoining properties. Phil Baldwin, Willow Avenue, questioned whether parkland will be dedicated or in-lieu fees paid and how much of a density bonus did the developer receive. He further questioned what requirements are placed on the density bonus. Dwain Hill, 237 East Gobbi, representing Rural Communities Housing Development Corporation, questioned whether any of the land in the proposed area could be considered for an owner/builder development. Stated that the school impact fees would greatly add to the cost of the owner/builder loans and could possibly put them out of business. PUBLIC HEARING CLOSED - 8:07 P.M. The Planning Director responded to the questions asked and noted that the developer could address the fence issue. Mayor Henderson questioned whether street trees could be a condition to the Use Permit. The City Attorney stated that Council could impose a street tree requirement. He further explained that M & L Enterprises' only increase was mandated by the State's density bonus laws thus the City had to comply. He discussed how the first Use Permit of 1979 was approved under CEQUA conditions. The density bonus addition cannot apply to those conditions because CEQUA only applies to projects of choice. He believes the density bonus increase is the only part of the development that the school impact fees could be applied to, but an ordinance needs to be in effect for thirty days before impact fees may be imposed. If they or anyone else requests a building permit after that period they will be required to pay those fees. Council discussed the City Attorney's findings. Mr. Hummer addressed the fence and street tree issues. Howard Bashford, 420 Eastlick, is the civil engineer for M & L Developers, stated that street trees would affect the setback condition where the streets are 50-feet wide. Council discussed the wall on Despina Drive versus the developer's proposed access of six driveways onto Despina, impact fees, and the street trees. Craig Lawson, 2900 Mendocino Avenue, works for M & L Enterprises, questioned the time period to maintain the street trees. M/S Schneiter/Hickey adopted the negative declaration noting that Item No. 1 of the Possible Mitigation Factors should read: The traffic along Despina Drive is already heavy since it collects traffic from the adjoining subdivisions and because of the close proximity of the Ukiah High School. Reg. Mtg. July 16, 1986 Page 3 352 Development of this subdivision will increase the traffic. The free flow of traffic could be facilitated along Despina Drive by limiting access to only six driveways with turn around area to be provided on the lots to eliminate backing out onto the street. The number 243 should read 242 residential units under the Description of Project. 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 Hickey/Schneiter adopted Resolution No. 87-5 approving Use Permit No. 86-66, Sierra Sunset Planned Development. The following conditions to be added or changed to the proposed Resolution. Condition No. 16: Developer shall limit access from lots on Despina to six common driveways as provided in the Development Plan and shall provide adequate easements to ensure that common use of said driveways and marketable title to said lots is assured. Condition No. 17: Developer shall purchase, install, and maintain for one (1) year City specified street trees to be planted in the planter strip between the sidewalk and the curb at locations to be determined by the City throughout the subdivision according to a street tree program approved by staff. Condition No. 18: Ukiah Unified School District has submitted a resolution and findings under the School Facilities Act. The City of Ukiah is obligated under that Act to consider those findings at a public hearing under procedures as provided in the Act. This use permit is subject to the condition that the City will consider the resolution and findings as mandated by state law. If the City adopts the district's findings and adopts an ordinance to mitigate impacts on district schools, any development under this use permit undertaken pursuant to building permits issued more than thirty days after the effective date of the ordinance will be subject to that ordinance. To page 1, Line 15 - Insert: "WHEREAS, the number of units approved for the Sierra Sunset portion of this project is 242 (including a density bonus of 47 units for low and moderate income persons), thus the total number of dwelling units in the 55 acre Las Casas/Sierra Sunset project is 395 (including 79 units as a low/moderate income density bonus), and" Page 2, Line 6 - Insert: WHEREAS, the City Council of the City of Ukiah desires to modify the development plan and provide all applicable conditions for development in a single use permit document by making this resolution supercede all previous use permit considerations for the Las Casas or Sierra Sunset Planned Developments." Page 3, Line 15 - Replace existing with the following: "14. To comply with the density bonus allowed in this development, the developer shall enter into an agreement with the City of Ukiah and the Community Development Commission of Mendocino County (CDCMC), to provide low and moderate income housing pursuant to California Government Code Section 65915 and based upon the concept presented in the July 1 letter from CDCMC." Page 3, Line 21 - Replace existing with the following: "15. One or more subdivision map(s) to be filed for the entire property." The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Kier. RECESS: 9:05 P.M. RECONVENED: 9:15 P.M. 8b. Prezone No. 86-69 - Ukiah North The Planning Director noted that pursuant to a City Council goal, prezoning in the area north of the City has been initiated. He reviewed the proposed areas to be prezoned. He noted four areas that the Planning Commission had prezoned AE (Agriculture Exclusive); staff is recommending PD (Planned Development). PD Zoning reflects the General Plan land use. Reg. Mtg. July 16, 1986 Page 4 349 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - JULY 16, 1986 The City Council convened in regular session at 6:30 p.m., in the Ukiah Unified School Board Room. 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 Pedroncelli, Planning Director Harris, Electric Utilities Director Roper, Public Works Deputy Director Goforth, Electric Distribution Engineer Dunn, Personnel Officer Horsley, City Manager's Secretary Stamelos, and City Clerk Hayes. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Henderson delivered the Invocation and Councilmember Schneiter led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES Mayor Henderson noted a correction to the June 30, 1986 minutes. In the second paragraph from the end of the minutes, first sentence, after the word suggested, add: "and Council concurred." M/S Hickey/Schneiter approved the City Council Minutes of June 30, 1986 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. Councilmember Hickey noted a correction to the July 2, 1986 minutes. On Page 6, Item lld, second paragraph, change the word concluded to concurred. M/S Hickey/Schneiter approved the City Council Minutes of July 2, 1986 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. Mayor Henderson added two items to the July 16, 1986 agenda: NEW BUSINESS d. Matter of Letter from George Gustafson to the Board of Supervisors regarding painting at Library. e. Matter of Letter from Pacific Bell regarding parking spaces. SPECIAL ORDER OF BUSINESS Discussion with Architect, Victor Lopes - Yokayo Site Mr. Lopes was not present. The City Manager suggested removing this item from the agenda until Mr. Lopes requests time before the Council. After some discussion, Council decided that they would like Mr. Lopes to make progress reports on the reconstruction project. RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR M/S Hickey/Shoemaker approved the Consent Calendar Items 7a, 7b, 7c, 7d, 7e, 7f, 7g, 7h, and 7i as follows: 7a. Approved Payroll Warrants of July 16, 1986, #10679 to #10831, in the amount of $87,280.43. 7b. Approved General Warrants of July 16, 1986, #32021 to #32083, in the amount of $749,969.15. 7c. Denied the following Claims for Damages, and Referred Matter to Insurance Carrier: Reg. Mtg. July 16, 1986 Page 1 350 i. Edwin L. Power ii. Marya and Christopher Legrand (Application to File a Late Claim) 7d. Awarded the bid for the construction of the drainage facilities on Standley Avenue and City Corporation Yard to Lee Howard Construction Company in the amount of $31,290.00. 7e. Accepted the Notice of Substantial Completion from Robert P. Lucas, dba The Energy Center for the construction of the Solar Heating System at the Ukiah Municipal Pool and directed the City Clerk to file the same. 7f. Accepted the Notice of Completion from American Asphalt Repair and Resurfacing for the slurry seal on City streets and facilities and directed the City Clerk to file the same. 7g. Adopted Ordinance No. 856, amending Chapter 3, Article 5 of the Ukiah Municipal Code establishing compensation for City Clerk. 7h. Adopted Ordinance No. 857, amending Chapter 3, Article 3, of the Ukiah Municipal Code establishing compensation for City Treasurer. 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 Schneiter, Shoemaker, Hickey, and Mayor Henderson (she noted an abstention on Item 7f). NOES: None. ABSENT: Councilmember Kier. PETITIONS AND COMMUNICATIONS 9a. Letter from Calvary Way Church Regarding John Wesley White, Mendo/Lake United Crusade for Christ Dave Broyles introduced himself and explained the event which is to happen in September. UNFINISHED BUSINESS 10a. Review of Long Range Plan Report - Wastewater Treatment Plant The City Manager explained that two years ago the City of Ukiah dealt with a Wastewater problem created by some unfortunate options the City of Santa Rosa took. The City Council at that time asked that staff study Ukiah's future needs and options regarding wastewater. He introduced the Public Works Director to report on said plan. The Public Works Director noted that Kennedy-Jenks Engineering Firm had prepared a long-range plan for the Wastewater Treatment Plant to accommodate growth under certain known and assumed conditions. He also noted a letter of January 29, 1986 to the Regional Water Quality Control Board. It expressed concern with any revised discharge requirements they may be thinking of imposing. The Public Works Director explained the recent upgrading project at the Wastewater Treatment Plant had been noted to the Regional Water Quality Control Board so that they would appreciate the City's commitment to meet its obligations and responsibilities for a clean river. He believes that a no river discharge is not good for future planning, but that upgrading treated effluent is a quality direction. He introduced Walt Gassman and Bob Rider of Kennedy-Jenks. Mr. Gassman and Mr. Rider explained and reviewed the report. Discussion ensued regarding the probability of continuing to dispose the treated effluent into the river, future upgrading of the treatment plant and other options outlined in the report. M/S Schneiter/Hickey the City of Ukiah is determined to continue its present discharge of effluent into the Russian River under its current permit and directed staff to continue the study of the City's long-range needs and plan, phased improvements to the plant and land acquisition for additional ponds. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Kier. Council stated they would like progress reports on said issue. Reg. Mtg. July 16, 1986 Page 2