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HomeMy WebLinkAboutmin 07-02-86347 M/S Kier/Schneiter approve Mayor HenderSon's Council Committee assignments. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. llf. Set Date for Goal Setting Mayor Henderson set August 11, 1986 at 8:00 a.m. to 12:00 noon for a meeting to prioritize the Council goals. COMMENTS FROM AUDIENCE None. CITY COUNCIL REPORTS Councilmember Schneiter None Councilmember Shoemaker None Councilmember Hickey Mentioned the work accomplished for NCPA during his trip to Toronto. Councilmember Kier Noted he will be out of town for the next City Council Meeting. ~yor Henderson None CLOSED SESSION The Acting City Attorney recommended proceeding to Closed Session under the exception to the Brown Act, Section 54956.9, Subsection A, to discuss pending litigation of Underground Construction Company vs. The City of Ukiah pending in Mendocino Superior Court, Case No. 50850; Employers and Friends of Wausau Insurance Company vs. Underground Construction Company, pending in Mendocino Superior Court, Case No. 52091, and Meet and Confer. M/S Kier/Shoemaker to go into Closed Session to discuss the following: Pending Litigation: Underground Construction Company vs. The City of Ukiah, pending in Mendocino Superior Court, Case No. 50850. Employers and Friends of Wausau Insurance Company vs. Underground Construction Company, pending in Mendocino Superior Court, Case No. 52091. Meet and Confer. The motion was carried by a unanimous voice vote. NOES: None. RECESS: 10:00 P.M. The Council went into Closed Session at 10:10 p.m. The Council reconvened at 11:00 p.m. It was announced following the Closed Session: M/S Hickey/Kier authorize the attorney, Deborah Ballati, to file a Cross-Complaint against Wausau and Hartford Insurance Companies. The motion was carried by a unanimous voice vote. NOES: None. Reg. Mtg. July 2, 1986 Page 7 348 ADJOURNMENT There being no further business, the meeting was adjourned at 11:02 p.m. Yvette S. Hayes City Clerk Reg. Mtg. July 2, 1986 Page 8 345 discussion of development. Further, that there should be an agreement with the developer noting when Orchard Street will be extended and that the impact of this development and future ones will have on the schools. Robert Harris, 5244 Carriage Lane, Santa Rosa, discussed the cost of extending Orchard Avenue and noted that he doesn't have those resources now. He explained his project and a traffic study he has done. Ed Busch, 1821 Wildwood Road, stated he doesn't believe that Mr. Harris' project will add traffic to the area; the problem is with Gobbi Street. City of Ukiah needs projects like Mr. Harris' and as the City grows so will the schools. PUBLIC HEARING CLOSED - 9:18 P.M. There was discussion regarding the possibilities of establishing a special assessment district. Council stated that they would like the City Attorney to review this subject and provide information regarding the legal requirements. M/S Hickey/Kier to adopt the Negative Declaration of Environmental Impact of Use Permit No. 86-63. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. M/S Hickey/Kier adopt Resolution No. 87-2 approving Use Permit No. 86-63, Marlene Street Fourplexes. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. UNFINISHED BUSINESS 10a. Adoption of Resolution Approving 1986-87 Fiscal Year Budset Including Revenue Sharing M/S Kier/Schneiter adopt Resolution No. 87-4, approving the 1986-87 Budget for the City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. NEW BUSINESS lla. Approval of Contract to Design Civic Center Phone System Councilmember Schneiter left at 9:34 p.m. for a possible conflict of interest. The City Manager reported that three members of his staff met to study the telephone system needs for the new Civic Center. He introduced the Fire Chief to report on the same. The Fire Chief noted that he, the Finance Director, and the Police Chief met to determine the telephone needs of the Civic Center. Although they all had enough expertise in the field of communication systems, they found it difficult to make recommendations on a complex phone system. The committee thus contacted several individual phone consultants and requested proposals. Communication Resources Company (CRC) and Weber, Weber and Scheinman responded. Mr. Glen Rude, representing CRC, presented a proposal to Council. Discussion ensued. M/S Hickey/Shoemaker to offer a contract to CRC to design and implement a phone system for the Civic Center. To include a proposed Phase III in the amount of $14,405 and authorized the City Manager to execute the same. The motion was carried by the following roll call vote: AYES: Councilmembers Hickey, Kier, and Mayor Henderson. NOES: Councilmember Shoemaker. ABSENT: Councilmember Schneiter. Reg. Mtg. July 2, 1986 Page 5 346 Councilmember Schneiter returned at 9:48 p.m. llb. Introduction of Ordinance Increasing the City Clerk's Compensation M/S Kier/Hickey to introduce Ordinance No. 856 by title only. The motion was carried by a unanimous voice vote. NOES: None. The City Clerk introduced Ordinance No. 856. M/S Kier/Hickey to introduce Ordinance No. 856, amending Chapter 3, Article 5, of the Ukiah Municipal Code establishing compensation for City Clerk. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. llc. Introduction of Ordinance Increasing the City Treasurer's Compensation M/S Hickey/Kier to introduce Ordinance No. 857 by title only. The motion was carried by a unanimous voice vote. NOES: None. The City Clerk introduced Ordinance No. 857. M/S Hickey/Kier to introduce Ordinance No. 857, amending Chapter 3, Article 3, of the Ukiah Municipal Code establishing compensation for City Treasurer. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. lld. Appointment of Vice Mayor Mayor Henderson appointed Councilmember Kier to Vice Mayor. Council concurred with a unanimous voice vote. NOES. None. lle. Council Assignments Mayor Henderson gave the following assignments: COMMITTEE Mendocino Council of Governments (MCOG) MTA Board of Directors Ukiah Valley Sanitation District City Selection Committee · Northern Calif. Power Agency (NCPA) Alternate (NCPA) Redwood Empire Municipal Ins. Fund (REMIF) Alternate (REMIF) Redwood Empire Financing Authority (REFA) Chamber of Commerce Liaison League of Calif. Cities Liaison Sun House Guild Ukiah Players Joint City/County Committee Electrical Energy Conservation Ad-Hoc Committee ASSIGNED TO Kier Schneiter Mayor (required) Mayor (required) Hickey City Manager Mayor Charley Myers City Manager (By Resolution) Shoemaker Schneiter Shoemaker Michael Celentano (Report to Mayor) Kier Marlene Werra Reg. Mtg. July 2, 1986 Page 6 343 Jack Daniels, 1381 Park Terrace, stated that upcoming developments in the Lover's Lane area have not been taken into account in the figures he provided in the documents. Any new developments will substantially affect the findings. The Acting City Attorney noted that Council actions regarding the 60-day review period before a Public Hearing date are dictated by State Law. M/S Hickey/Schneiter to approve the Acting City Attorney's recommendation to file the documents for 60 days, hold a Public Hearing, make findings, and take action before the 150th day following the date of receipt of the documents. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. PUBLIC HEARING 8a. Approval of Use Permit Application No. 86-66 - M & L Enterprises - Sierra Sunset Councilmember Kier excused himself at 7:05 p.m. because of a possible conflict of interest. The Planning Director noted that the Use Permit application encompasses the remaining 37 acres of the original 55-acre Las Casas planned development. He reviewed the proposed modifications by M & L Enterprises and other issues including circulation, school impact, reduction of driveways on Despina, and Developer participation in the cost of signalization at Bush and Low Gap. PUBLIC HEARING OPENED - 7:19 P.M. Jim Hummer, 707 2nd Street, Santa Rosa, representing M & L Enterprises, gave more detail to the proposed development indicating the development was providing larger lots, was meeting housing needs of the low income, would be funding part of the needed signalization, has donated an acre of land to the School District, would pay park fees, and are meeting the solar energy requirements. He also addressed the driveway issue on Despina. Samuel Kline, 1391 No. Bush Street, suggested reducing the speed limit in the area to 10 miles per hour, developing a one-way circulation system, and doing a traffic density study. He noted a muffler problem from passing cars and stated that if his property value is lowered because of the development he will hold the developer and the City responsible. George Torres, 520 Empire Drive, stated he does not want to see Empire Drive extended because he worries about the safety of the children in the area. Louisa Kline, 1391 No. Bush Street, stated that more open space is needed, suggested that Empire Drive and Capps Lane should not run complimentary to each other, noted a traffic count should be done to include the traffic created by the high school, and she proposed a 60-foot wide Empire Drive. Joe Neil, 505 Empire Drive, noted that when he bought his home, he was told that Empire Drive would not go through to Despina Drive, he approves of the wall concept on Despina vs. open driveways, and noted that there is a need for more parks and open space. Betty Sindle, 525 Empire Drive, expressed concern with Empire Drive going through to Despina Drive. Jack Daniels, 1381 Park Terrace, noted future developments on Lovers Lane will also cause overcrowding in the schools and stated that the County has implemented mitigation measures to meet the School District's desires to assess impact fees on new developments. He urged Council to do the same. The City Manager noted said project has been proposed since 1979 and should come as no surprise to the School District. Reg. Mtg. July 2, 1986 Page 3 344 The Planning Director addressed some of the concerns expressed and noted that it has been ruled by the courts that land dedication cannot be required over in-lieu park fees. Councilmember Shoemaker questioned a parcel owned by the City on Bush Street. Discussion ensued. Council asked that the City Attorney review and provide information regarding the impact fees request and if it is possible to leave a "window" by which these fees can ultimately be assessed. M/S Shoemaker/Schneiter that staff proceed with Use Permit Application No. 86-66 subject to the following conditions: 1. The Developer be required to provide 25% of the cost of signalization at Bush and Low Gap. 2. There be no parcel frontages on Despina Drive and developer be responsible for establishing a wall and landscaping on Despina to the approval of Directors of Public Works and Planning. Area and improvements to be dedicated to the City. 3. No duplexes located on the corner lots at Despina Drive, Empire Drive and Capps Lane. 4. The Developer shall dedicate easements for the purpose of assuring that each parcel or unit in the subdivision shall have solar access for reasonably placed solar energy systems. 5. The Developer provide 10% of the 47 units as very Low Income Housing in the form of "do it yourself" lots, and that the balance of the 47 units be low to moderate as defined by Section 502, Loan Standards, of Farmers' Home Administration/Housing as agreed upon by staff and the developer to the approval of the Planning Commission. Proposal from Community Development Commission dated July 1, 1986 to also be considered. 6. Subdivision Map to be filed for the entire property. 7. Site Development Permit to be required on all development except single-family detached structures. 8. Hours of construction be limited to 7:00 a.m. - dark, Monday through Saturday. 9. Dust control measures to be instituted during construction. 10. Ail standards applicable to development within the City of Ukiah shall be complied with. 11. The Developer shall be responsible for the dedication and improvement of the full widths of all streets within the development. 12. Bicycle lanes be constructed on Despina Drive, Low Gap to project northerly boundary. 13. Single-family detached units shall meet R-1 site requirements. 14. Development Plan Map is to be made part of the approved use permit. 15. Ail conditions to be met prior to use and occupancy. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Kier. The Public Hearing remained open and is continued to the City Council meeting of July 16, 1986. RECESS: 8:45 P.M. RECONVENED: 9:00 P.M. Councilmember Kier returned at 9:00 p.m. 8b. Adoption of Resolution Approving Use Permit 86-63 - Harris and Gross, Marlene Street Fourplexes The Planning Director noted the area in question is zoned Planned Development. The extension of Orchard Avenue has been a major concern and it was noted that an appeal letter by Mr. Peter Passof was received expressing those concerns. PUBLIC HEARING OPENED - 9:06 P.M. Pete Passof, 155 Deborah Court, stated that there is a contradiction in the Planning Commission Minutes and what Mr. Harris, the developer, has discussed; that there is no planned development immediately north of the development vs. Reg. Mtg. July 2, 1986 Page 4 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - JULY 2, 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, Kier, and Mayor Henderson. Staff present: City Manager Payne, Acting City Attorney Marston, Public Works Director Pedroncelli, Planning Director Harris, Fire Chief Mitchell, Finance Director Vara, Personnel Officer Horsley, and City Clerk Hayes. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Hickey delivered the Invocation and Councilmember Schneiter led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES Mayor Henderson noted a change requested by the City Attorney on Page 3, 4th paragraPh from the bottom, omit ". . . to a Use Permit . . . and after the word alcohol . . . on a City-wide basis . . ." M/S Kier/Schneiter to approve the City Council Minutes of June 18, 1986 as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Kier, and Mayor Henderson. NOES: None. ABSTAIN: Councilmembers Shoemaker and Hickey. M/S Hickey/Kier to approve the City Council Minutes of June 20, 1986, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers: Schneiter, Hickey, Kier, and Mayor Henderson. NOES: None. ABSTAIN: Councilmember Shoemaker. Mayor Henderson requested that on Page 1, 3rd paragraph after June 24, 1986, that after the word annexation omit "a banner for the Penofin Race, and a provision to line State Street with flags where possible during the race." There was discussion among the Councilmembers that it is Council's intent to request that the Chamber promote the Penofin Race and requested that the City Manager negotiate the specifics. M/S Hickey/Schneiter to approve the City Council Minutes of June 23, 24, and 25, 1986, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. SPECIAL ORDER OF BUSINESS Discussion with Architect, Victor Lopes - Yokayo Site Mr. Lopes was not present. The City Manager reviewed the award of bid for the reconstruction project of the new Civic Center went to Crane of Ukiah, Inc. He further stated that the Ukiah Unified School District has continually been reminded of the urgency to remove their buildings and build a fence on the Yokayo Site. He will contact them again. 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/Schneiter to approve the Consent Calendar, Items 7a, 7b, 7c, 7d, 7e, and 7f as follows: 7a. Approved Payroll Warrants of July 2, 1986, #10530 to #10678, in the amount of $86,795.68. 7b. Approved General Warrants of July 2, 1986, #31959 to #32020, in the amount of $861,544.38. Reg. Mtg. July 2, 1986 Page 1 342 7c. Awarded the bid for legal publications 1986-87 fiscal year to the Ukiah Daily Journal for the amount of: 1) cost per column inch, first publication $2.90 and 2) cost per column inch, each additional publication $1.90. 7d. Adopted Resolution No. 87-1, approving the Final Map - Sierra Sunset Unit 2. 7e. Approved the recession of the bid awarded to Envirex for the primary sedimentation tank chain, flights, and sprockets at the Wastewater Treatment Plant and directed staff to modify the specifications for a rebid of the equipment. 7f. 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, Kier (noting he is abstained from voting upon Item 7d), and Mayor Henderson. NOES: None. PETITIONS AND COMMUNICATIONS 9a. Letter from Supervisor Redding Regarding Highway 101 Resolution The City Manager reviewed the letter from Harry Pritchard, President of the Tri-Valley State Highway 101 Council to Supervisor Nelson Redding. There was discussion to include a previous resolution passed by Council regarding this issue on a local basis and to request information about the Tri-Valley Council so that the City may be part of the involvement. M/S Hickey/Kier adopted Resolution No. 87-3 which calls for a joint strategy for improving Highway 101. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. 9b. Letter from Marylou Zimmerman Re~ardin~ Property Located at 204 S. State Street The City Manager reviewed Mrs. Zimmerman's request to add a fire exit about the center of the north property line exiting on to a seven-foot wide corridor to Church Street. M/S Kier/Hickey approved the concept of Mrs. Zimmerman's request and authorized staff to proceed in negotiating a contract for Council's approval. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. 9c. Letter of Resignation - Planning Commissioner Richard Shoemaker M/S Hickey/Schneiter to accept Councilmember Shoemaker's resignation from the Planning Commission and Parks, Recreation, and Cultural Arts Commission. The motion was carried by a unanimous voice vote. NOES: None. 9d. Letter Regarding Impact Fees from Ukiah Unified School District The City Manager reviewed the two communications from Ukiah Unified School District which requests that all rezoning applications and tentative subdivision maps be approved with a condition that the impact of future residential development on the Ukiah Unified School District be mitigated to the satisfaction of the District. The Acting City Attorney suggested that Council vote to file the documents from Ukiah Unified School District and start a 60-day period during which the documents will be available for public review, schedule a public hearing on the School District's findings after the 60 days has lapsed, and take action prior to the 150th day following the date of receipt of the documents. He further suggested that no impact fees should be imposed to any residential developments until an ordinance imposing such fees or land dedications has been in effect for at least 30 days. Gregg Nelson, 711 Nelson Ranch Road, representing the Ukiah Unified School Board, questioned the Acting City Attorney's recommendations. Reg. Mtg. July 2, 1986 Page 2