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HomeMy WebLinkAboutmin 04-17-85157 provide the Council with the flexibility to designate the time and place for Council meetings by resolution. Ordinance No. 848 would amend sections 50 and 5I of the Ukiah Municipal Code to permit same. M/S: Kelley/Henderson to introduce Ordinance No. 848 by Title only. The motion was carried by a unanimous voice vote. M/S: Kelley/Henderson to introduce Ordinance No. 848 of the City Council of the City of Ukiah amending Chapter 2, of the Ukiah Municipal Code respecting the time and place for meetings of the City Council. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley and Vice Mayor Hickey. NOES: None. ABSENT: Mayor Myers. llf. Resolution No. 85-67 Approvin~ Final Map 84-70, Observatory Court Condominiums The Director of Planning reported in June and July the Planning Commission and City Council approved the use permit and tentative subdivision map for a ten unit condominium conversion project at 211-221 Observatory. The developer has completed the necessary improvements and submitted the final map and C.C.&R's. The Planning Commission has approved the final map and C.C.&R's. Staff recommended the Council adopt the resolution approving the final map for the Observatory Court Condominiums. M/S: Kier/Kelley to adopt Resolution No. 85-67 of the City Council of the City of Ukiah approving the final map for the Observatory Court Condominiums. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley and Vice Mayor Hickey. NOES: None. ABSENT: Mayor Myers. llg. Resolution No. 85-68 Approvin~ Annexation of North Fire Station and the Old Treatment Plant Reorganization The Director of Planning reported on January 2, 1985 the Council authorized application to the Local Agency Formation Commission (LAFCO) for annexation of the North Fire Station and Old Treatment Plant properties. The Commission approved the annexation of both areas with detachment from the Ukiah Valley Fire Protection District. Since the subject areas are uninhabited and owned solely by the City, and pursuant to the California Government Code Section 56439, LAFCO authorized the City to be conducting authority for the remaining necessary actions and allowed those actions to be conducted without notice, hearing or election. Staff recommended the Council adopt the resolution approving annexation of the North Fire Station and the Old Treatment Plant reorganization. M/S: Kelley/Kier to adopt Resolution No. 85-68 of the City Council of the City of Ukiah approving the annexation of the North Fire Station and the Old Treatment Plant reorganization. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley and Vice Mayor Hickey. NOES: None. ABSENT: Mayor Myers. llh. Report of Administrative Actions and Proposals (R.A.A.P.) Councilmember Henderson expressed concern regarding a letter received by the City, from the Department of Health Services, dated April 4, 1985, concerning Georgia Pacific's application for a permit to process hazardous waste at their Resin Plant. She requested more information regarding this matter. The City Manager responded that staff will prepare a memorandum, with more information regarding this matter, for the Council. M/S: Henderson/Kelley to approve the Report of Administrative Actions and Proposals (R.A.A.P.) as presented. The motion was carried by a unanimous voice vote. CO~CENTS FROM AUDIENCE Karen Bonime, 1112 Elm Street, thanked the City Council for their action regarding her letter pertaining to NCPA's Combustion Turbine Project. Reg. Mtg. April 17, 1985 Page 7 158 CITY COUNCIL REPORTS Councilmember Henderson Reported she has received the Mendocino Council of Governments (MCOG) proposal regarding consolidating MCOG and MTA. She indicated she would like to present this to the City Council for discussion sometime in May or June. Councilmember Kier None Councilmember Kelley Asked for clarification regarding the power line right-of-ways to NCPA's Combustion Turbine Plant. Discussion ensued regarding the feasibility of putting the high-powered transmission lines underground. The City Manager noted that NCPA is proceeding with the right-of-way negotiations, and is aware that the transmission lines are to go underground when it comes into the City. He reported the Federal Aviation Administration will be making an announcement as to where the consolidated site will be by the end of May. Vice Mayor Hickey Reported he has received a letter from Chula Vista requesting that each Councilmember send a personal letter to Assemblyman Brown and State Senator Carpenter in reference to Deep Pocket Legislation. He feels this legislation is very expensive to individual cities. The City Manager stated staff has contacted Senator Keene's office regarding the Deep Pocket Legislation. He and the City Manager attended a TANC meeting in Sacramento, April 17, 1985, where it was noted the California/Oregon Transmission Project is moving along rapidly. The Calaveras bond sale of $624,035,000 closed on Thursday afternoon with an overall interest rate of 7.45%. A ruling from the federal courts is expected soon regarding the Grace Geothermal Plant condemnation. CLOSED SESSION Adjourned into Closed Session at 9:55 p.m., to discuss the following pending litigation: Amersfoort vs. the City of Ukiah. RECONVENED The meeting reconvened in Open Session at 10:04 p.m., at which time the following action was taken: M/S: Kelley/Kier to authorize the City Attorney to sign a stipulation to pay $2,500 in satisfaction of petitioners' claim for attorney's fees in Amersfoort vs. the City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley and Vice Mayor Hickey. NOES: None. ABSENT: Mayor Myers. ADJOURNMENT There being no further business the meeting was adjourned at 10:07 p.m., to May 1, 1985. Faye McAfee Recording Secretary Reg. Mtg. April 17, 1985 Page 8 155 UNFINISHED BUSINESS 10a. Alternatives for Wastewater Treatment The Director of Public Works reported the Council authorized the preparation of plans and specifications for construction of the new sewer pond by contract. Plans and specifications have been prepared and bids were to be received in May with start of contract work around June 1, 1985. That timetable was based upon then current information relating to river flows and releases from Lake Mendocino. Earlier predictions were that flows in the river would be maintained at a level sufficient to permit treated effluent discharges to continue to May 15, the City's normal discharge cut-off date. These discharges, together with existing pond storage capacities, were estimated to be adequate to give the City the time frame needed for the contract construction work as well as the opportunity to dry up and scarify the south pond. Robert Morrison of Sonoma County Water Agency has notified the City that a planned reduction of releases from Lake Mendocino, from 350 cfs to 50 cfs, will be made on April 17, 1985, and will continue for at least five days. No firm commitments for greater river flows after this period could be obtained. This sudden change in river flows and the uncertainties in future releases will put a critical strain on the plant's holding ponds and substantially alters the City's schedule for constructing the new pond. Staff feels that, time wise, pond construction by formal bidding is unacceptable. Pursuant to Public Contracts Code Section 20168, and in the interest of public health and safety, staff recommended that the City Council authorize immediate construction of the earthwork portion of Wastewater Pond No. 3. The City Attorney advised the Council to adopt the resolution authorizing immediate construction of Wastewater Pond No. 3. M/S: Kelley/Kier to adopt Resolution No. 85-65 of the City Council of the City of Ukiah authorizing immediate construction of Sewer Pond No. 3. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley and Vice Mayor Hickey. NOES: None. ABSENT: Mayor Myers. Discussion ensued regarding current pond levels, the time frame for building the new pond, the prospect of drying out the No. 2 pond, and legal release dates. M/S: Kelley/Kier to receive and file the Director of Public Works' memorandums dated April 16, 1985 and April 9, 1985. The motion was carried by a unanimous voice vote. 10b. Information from Ukiah Unified School District Regarding Meeting Room The City Manager reported at their meeting of March 20, 1985, the Council discussed the possibility of changing their regular meetings from the first and third Wednesday's to the first and third Tuesday's of each month. The City has received a letter from Dr. Gustafson stating the Ukiah Unified School Board meets on the second and fourth Tuesday's with the other Tuesday's reserved to be used, if needed, for special Board meetings, etc. M/S: Kelley/Kier to direct staff to pursue the availability of the Saturday Afternoon Club for Tuesday evening City Council meetings. The motion carried by a unanimous voice vote. 10c. Resolution No. 85-66 - Airport Rental Rates The Director of Public Works reported current airport rental rates were established in 1981. Staff feels the proposed increase is reasonable and will generate additional revenues beyond those recommended by the Airport Commission, and will ensure that the airport will continue a position of self-support with the flexibility to remain so. Staff recommended the Council adopt the resolution increasing the airport rental rates. Reg. Mtg. April 17, 1985 Page 5 156 ~{/S: Kier/Kelley to adopt Resolution No. 85-66 of the City Council of the City of Ukiah establishing the rental and lease rates at the City of Ukiah Airport for various building, hangars and lands. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley and Vice Mayor Hickey. NOES: None. ABSENT: Mayor Myers. NEW BUSINESS lla. Progress Report on the Greater Ukiah Chamber of Commerce Grace Zwicky, President of the Greater Ukiah Chamber of Commerce updated the City Council regarding the first quarter activities of the Chamber of Commerce for 1985. In part she noted that Clean-Up Week is scheduled for May 6 - 10, 1985; the 3rd annual Hometown Festival (theme "Roaring 20's") will be May 24 through June 2, 1985; and that plans are in progress for the 4th of July celebration and fireworks. The City Council thanked Ms. Zwicky for her report. lib. Renewal of MTA Joint Powers Agreement The City Manager reported the Mendocino Transit Authority (MTA) has requested their Joint Powers Agreement (JPA) be automatically renewed each year, except if one or more parties gives notice that they plan to withdraw. In the past the JPA ran for three years. Staff feels MTA is working well and did not have any trouble with MTA's request. M/S: Kelley/Henderson to adopt the Mendocino Transit Authority's Joint Powers Agreement which will contain a renewal clause that is automatically renewed each year unless one or more parties gives notice that they plan to withdraw. The motion was carried by a unanimous voice vote. llc. Letter from REMIF Regarding Insurance Payment for Legal Expenses The City Attorney reported on April 2, 1985, lawyers for the City of Ukiah met with representatives of the Redwood Empire Municipal Insurance Fund (REMIF) to discuss the insurance issue. After reviewing the excess carrier insurance policies, it was agreed among the parties present that REMIF would advance up to $75,000 of insurance coverage, on behalf of the City of Ukiah, for legal expenses. He indicated the REMIF Board had approved the terms of the agreement and recommended approval of the agreement by the Council. M/S: Kelley/Henderson to approve the Letter of Understanding between the Redwood Empire Municipal Insurance Fund (REMIF) and the City. of Ukiah that REMIF will advance up to $75,000, on behalf of the City of Ukiah, for legal expenses. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley and Vice Mayor Myers. NOES: None. ABSENT: Mayor Myers. lld. Extension of Agreement for Operation of Sun House The City Manager reported the agreement for the operation of the Sun House Museum between the City of Ukiah and the Curator, Rosalie A. Prosser, runs from May 1, 1984 thru May 1, 1985. To ensure the continued operation of the Sun House Museum while the Council determines the appropriate staffing arrangement, he recommended the Council extend the existing agreement for a two month period which would put the City at the beginning of its I985-86 fiscal year. M/S: Kier/Kelley to authorize the Mayor to sign an extention of the existing agreement for the operation of the Sun House Museum for two months until July 1, 1985. The motion was carried by a unanimous voice vote. lie. Ordinance No. 848 Amending Section 50 and 51 of the Ukiah Municipal Code The City Attorney reported with the purchase of a new City Hall, the temporary arrangement under which Council meetings are held at the Ukiah Unified School District Board Room, and proposals to change the time of the City Council meeting pending before the Council, it appears to be an appropriate time to Reg. Mtg. April 17, 1985 Page 6 153 PUBLIC HEARING CLOSED 7:14 P.M. M/S: Kelley/Henderson to adopt Resolution No. 85-64 authorizing a Memorandum of Understanding between the City of Ukiah and the Community Development Commission of Mendocino County approving an application for funding from the general allocation of the State Community Development Block Grant Program. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley and Vice Mayor Hickey. NOES: None. ABSENT: Mayor Myers. 8b. Appeal of Planning Commission Decision - Use Permit No. 85-46, I199 N. State Street, Susan Clarke The Director of Planning reported that on March 27, 1985, the Planning Commission approved Use Permit No. 85-46 for a wholesale distribution center and retail bakery outlet at 1199 N. State Street. Six conditions were applied to the project which will occupy the existing structures on the site. The property owner has appealed the conditions regarding six foot perimeter landscaping along the State Street frontage and north property line (10 feet) and automatic irrigation. He noted the Commission spent considerable time and effort trying to resolve the applicant's concerns at the hearing. Staff feels landscaping along N. State Street is necessary to enhance the entry corridor to the City, and recommended that the Council deny the appeal. PUBLIC HEARING OPENED: 7:24 P.M. Susan Clarke, 508 Jones Street, owner of property at 1199 N. State Street, stated it would be difficult with the cement to put in planters on the north side of the property. She expressed concern regarding the overall costs of landscaping and the automatic irrigation system. Tom Mason, Planning Commissioner, stated when the property was developed in 1977, landscaping requirements were placed on it by the Planning Commission. The property owner received two extensions of time to complete the improvements. The landscaping still has not been completed. He feels this is an appropriate place to start to bring properties up to standards; therefore, to continue the esthetics of the City of Ukiah, and to enhance the property on North State Street, the landscaping should be completed. Doug Clarke, part owner of the property located at I199 N. State Street, indicated development in the way of esthetic landscaping has been done, i.e., planters, shrubs, sidewalks and curbs have been put in. He feels the community needs to encourage new business and development in the community. PUBLIC HEARING CLOSED: 7:39 P.M. Discussion ensued regarding why the requirements were not enforced in 1977, conditions being met before use and occupancy, above ground planters (their size and appropriateness), redwood planter boxes being installed between concrete abutments, the use of trees to line State Street, enforcement and maintaining balance throughout the City in regards to landscaping, and the standards being set by the Fees and Charges Committee. The City Manager suggested the City Council approve a conditional use permit allowing the property owners to post a landscaping bond with the City with a time frame for review of the landscaping standards at a later date. Jack Cox, 551 Poma Lane, stated his company has just completed a survey which indicates over 100,000 square feet of vacant business property in the area. He expressed concern regarding this tremendous loss of business to the community. M/S: Kelley/Kier to reverse the Planning Commission decision by granting a one year conditional Use Permit applying conditions four through six set at the March 27, 1985 Planning Commission meeting, with a $2,000 bond to be posted with the City to assure that the new standards pertaining to landscaping to be set by the Fees and Charges Committee are met, with the applicant to notify the City of Ukiah at the end of one year for rereview. Reg. Mtg. April 17, 1985 Page 3 154 The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier and Kelley. NOES: Vice Mayor Hickey. ABSENT: Mayor Myers. 8c. General Plan Amendment I985-A The Director of Planning reported General Plan Amendment 1985-A includes the following four land use change areas: i. Marshall Street West Marshall Street East encompasses the two parcels on the east side of Main Street at the Marshall Street intersection. The change was initiated by City Council action. The entire Main Street corridor, other than the subject properties, is commercial and thus this change would complete that land use situation. The north parcel is vacant while the south parcel has a single family residence on it. Staff recommended the change from Medium High Density Residential to Commercial. ii. Yokayo Center East Yokayo Center East is the 4.68 acres east of the Yokayo Shopping Center, west of the railroad tracks, south of Porzio Lane and north of Apple Avenue. Staff expressed concern relating to the railroad activity noise and the availability of rail served commercial land within the City. The site is located close to shipping and the downtown core. Vehicular access through the site linking Porzio and Apple will be necessary. Actual street design and implementation will occur when development takes place. The Planning Commission recommended a change from Industrial to High Density Residential. iii. Observatory Avenue South Observatory Avenue South involves three parcels currently zoned R-2 but designated Medium Low Density Residential. The consistent zone for such a designation is R-I. The surrounding area is developed with offices and apartments. Staff feels the Medium High Density Residential classification would be more appropriate, making the properties consistent with the R-2 zoning. iv. Washington/Dora Northwest Washington/Dora Northwest refers to the four parcels on the west side of Dora immediately north of the intersection of Washington. Though included with the broad brush stroke for Office Commercial along Dora Street, these properties are developed (one is vacant) with single family structures. There is an existing grade differential for the three developed properties which would appear to practically preclude any commercial development on sites. The proposed change would make the properties conform to the designation of the parcels west and south and be consistent with the existing R-2 zoning. Staff recommended the change from Office Commercial to Medium High Density Residential. Councilmember Henderson expressed concern regarding the change from Office Commercial to Medium High Density Residential of the Washington/Dora Northwest properties. PUBLIC HEARING OPENED: 8:11 P.M. Jack Cox, 551 Poma Lane, stated he made the application to change Yokayo Center East from Industrial to High Density Residential and was present to answer any questions the Council might have regarding this matter. He indicated he does not have any immediate plans to develop this property. However, he has had inquiries as to the sale of the property if it is changed to High Density Residential through the General Plan. The PUBLIC HEARING was continued to the May 1, 1985, City Council meeting. RECESS: 8:20 p.m. RECONVENED: 8:32 p.m. Reg. Mtg. April 17, 1985 Page 4 151 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 17, 1985 The City Council convened in regular session at 6:30 p.m., in the Ukiah Unified School District Board Room. Roll was taken and the following Councilmembers were present: Henderson, Kier, Kelley and Vice Mayor Hickey. ABSENT: Mayor Myers. Staff present: Payne, Rapport, Harris, Pedroncelli, Vara, McAfee, and City Clerk Hayes. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Kelley delivered the Invocation and Councilmember Kier led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES i. Resular Meeting, April 3, 1985 M/S: Henderson/Kelley to approve the minutes of the April 3, 1985, regular meeting as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier and Kelley. NOES: None. ABSTAIN: Vice Mayor Hickey. ABSENT: Mayor Myers. ii. Special Meeting, April 4, 1985 M/S: Henderson/Kelley to approve the minutes of the April 4, 1985, special meeting as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley and Vice Mayor Hickey. NOES: None. ABSENT: Mayor Myers. SPECIAL ORDER OF BUSINESS - 6:35 P.M. Architect, Victor Lopes updated the Council as to the progress being made at the Yokayo Site. He reviewed the final draft of the Spacial Utilization Study for the City Hall project. He indicated there is enough space on the site to accommodate moving all City Departments, including the Fire and Police Departments. He noted the study was based on a survey of City departments, discussions with Department Heads as well as the Mayor and City Manager, personnel assignments per the City budget, and the City Organization Chart. He suggested the City Council and Department Heads meet with a representative from the Herman Miller Company to exchange ideas regarding interior designs i.e., how to incorporate appliances, positioning of workstations and use of sound-dampening materials. It was determined the Council and City staff would meet with the Herman Miller Company representative May 9, 1985, at 5:00 p.m. M/S: Kelley/Kier to accept Architect, Victor Lopes report and final draft of the Spacial Utilization Study. The motion was carried by an unanimous voice vote. RIGHT TO APPEAL DECISION Vice Mayor Hickey reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. CONSENT CALENDAR The City Manager requested Item 7h be removed from the Consent Calendar and placed as Item llg. Councilmember Henderson requested Item 7i be removed and placed as Item llh. M/S: Kier/Kelley to approve Consent Calendar items 7a, 7b, 7c, 7d, 7e, 7f and 7g as follows: 7a. Approved Payroll Warrants #5909 to #6047, $81,824.49 7b. Approved General Warrants #28334 to #28511, $724,681.84 Reg. Mtg. April 17, 1985 Page 1 152 7c. Approved the purchase of a truck mounted pipeline cleaning machine from G.C.S., Inc., in the total amount of $87,990.72 including trade-in, sales tax and delivery to the City of Ukiah. 7d. Adopted Resolution No. 85-63 of the City Council of the City of Ukiah declaring weeds and rubble upon private property to be a public nuisance and ordering abatement of same. 7e. Awarded Bid for treated poles to J. H. Baxter Company, in the amount of $8,501.20 including sales tax. 7f. Denied Claim for Damages, Maria Lucero, and Referred to Insurance Carrier. 7g. Denied Claim for Damages, Jan Phillipe, and Referred to Insurance Carrier. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley and Vice Mayor Hickey. NOES: None. ABSENT: Mayor Myers. PETITIONS AND COMMUNICATIONS 9a. Letter from Karen Bonime Regarding the Combustion Turbine Project The City Manager reported a letter has been received from Karen Bonime requesting the Council address her concerns regarding the Northern California Power Agency constructing a Combustion Turbine Power Plant on City owned property. Councilmember Henderson stated she has talked at length with Ms. Bonime regarding this matter. However, it was the consensus of the Council that they have extensively addressed the potential safety, pollution and public health hazards of this project. Discussion ensued regarding Ms. Bonime's concern for the need of a long-range energy plan including locally-based alternative energy and conservation programs. M/S: Henderson/Kelley to form an Ad-hoc Committee to study energy conservation. The motion was carried by a unanimous voice vote. It was determined that appointments to the Ad-hoc Committee will be made by the Mayor. The City Council requested this matter be agendized for the meeting of May 1, 1985. PUBLIC HEARING - 7:00 P.M. Sa. Proposals for an Application to the California Department of Housing and Community Development of a Community Development Block Grant CDBG Funds The City Manager reported the Community Development Commission of Mendocino County has requested the City of Ukiah apply to the California Department of Housing and Community Development for Block Grant funds. He stated a public hearing is in order to determine co~unity development needs. Rebecca Jondahl, Executive Director of the Community Development Commission of Mendocino County (CDCMC) stated the purpose of the Community Development Block Grant Program is to provide housing to low income families. She reviewed donations received by CDCMC to offset the request for funding from the State. She reported that CDCMC has conducted extensive housing surveys and identified emergency shelter and housing rehabilitation as community development needs within the City of Ukiah. She recommended the Council adopt a resolution authorizing a Memorandum of Understanding between the City of Ukiah and the CDCMC approving an application for funding from the State Community Development Block Grant Program for the acquisition and rehabilitation of a house located at 139 Ford Street for emergency shelter, and the rehabilitation of eighteen (18) houses located in Empire Gardens. PUBLIC HEARING OPENED 7:13 P.M. No one in the audience wished to speak to the Council regarding this matter. Reg. Mtg. April 17, 1985 Page 2