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HomeMy WebLinkAboutmin 1975-08-06 14 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 6, 1975 - PAGE I The City Council convened in regular session at 8 : 05 p.m. with Councilwoman Pearson, Councilmen Norgard, Wood, Simpson and Mayor Weinkauf present. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman Simpson led the invocation and Councilman Norgard led in the Pledge of Allegiance. - APPROVAL OF MINUTES On a motion by Councilman Norgard, seconded by Councilman Pearson it was unanimously carried to approve the July 15, 1975, minutes as submitted by the Clerk. PAYROLL WARRANTS On a motion by Councilman Simpson, seconded by Councilman Norgard TF was unanimously carried Payroll Warrants #2565 to #2765 inclusive for the period of June 29, 1975 to July 12, 1975, inclusive in the total amount of $80, 846. 59 be approved. GENERAL WARRANTS On a motion by Councilwoman Pearson, seconded by Councilman Simpson it was unanimously carried General Warrants #1702 to #1776 inclusive in the total amount of $101, 807 . 46 be approved and ordered paid. MAYOR WEINKAUF ADJOURNED THE COUNCIL MEETING TO A MEETING OF THE UKIAH REDEVELOPMENT AGENCY - 8 : 10 P.M. The City Council reconvened in regular session at 8 : 11 p.m. PUBLIC HEARING-USE PERMIT APPLICATION NO. 75-60, KENNEDY HOMES, WAUGH LANE (APPEAL) Subject matter is an appeal of Use Permit Application No. 75-60 by Kennedy Homes to construct a 28 unit complex on Waugh Lane. Mayor Weinkauf declared the public hearing open at 8 :12 p.m. City Manager reviewed Planning Commission memo dated July 18th which set forth 13 conditions with the granting of the Use Permit and 5 facts indicating the basis of Planning Commission action. Council had been provided with Planning Commission minutes dated July 3 , 1975 setting forth Planning Commission action on subject application, a copy of a letter of appeal of negative declaration of environmental impact and Planning Commission decision dated July 14, 1975 from Mr. Robert Saunders, 43 Betty Street, and a Citizen' s Petition stating reasons for the concern with the type of construction proposed and recommenda- tion for Planning Commission action. Mr. Leo Cook, Attorney for Kennedy Homes stated the Planning Commission report reviewed by the City Manager sets forth applicant' s position. Mr. Cook spoke to the objections expressed by the opponents at the time the matter was considered by the Planning Commission. Mr. Cook stated the arrangement of the proposed units in a broken pattern will provide for a buffer area which will be more aesthetically pleasing than a "motel" type structure. It was pointed out the density permitted in this zone could have a more adverse effect than the proposed units will have in this area. Subject property is R-3 zone, construction is inevitable, and it cannot be assumed the property will remain a bare field. Mr. Cook stated, in his opinion, subject proposal is a good project and is one that should go ahead, is ideally zoned, and is a proper blending of the area. Mr. Bobby Kennedy also spoke in favor of subject application, He explained how his plans had materialized, and efforts he had made to meet City requirements as the project was developing . MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 6, 1975 - PAGE 2 Attorney Barry Vogel, representing seven land owners to the east of subject parcel was present in the audience to speak in opposition to the granting of the application. Mr. Vogel distributed to the Council a written statement describing the issue as seen by the families he represents. He also showed pictures of the drainage problem which exists at the Betty Street exit. Mr. Vogel stated approval of subject use permit will increase water runoff 300% in the area and increase the impassable condition of Betty Street. He stated, however, the primary objections go to density. If the density were reduced, other problems would be alleviated - i.e. safety for small children, increased traffic, and increased enrollment in an already overcrowded school. In Mr. Vogel ' s opinion, the Council should address the specifics of the negative declaration and stressed the necessity of an environmental impact report when there is a serious controversy as this is. There is a definite need for citizen input. The following persons also spoke in opposition to the granting of subject application: Marilyn Bunker, Cooper & Waugh Lane Pete Pasoff, 155 Deborah Court Bob Saunders, 43 Betty Street Rod Frantzich Bob Kelly, Betty Street Al Hinds, Betty and Cooper Lane The main concern expressed was drainage and density. Objections were also expressed td the additional fill brought into the area to reverse the flow of water, lack of a detailed plan of construction, lack of concern for safety of residents within the flight plan for the Municipal Airport, height of the buildings, decision from Council as to whether it will stay with the General Plan or go with the zoning . Mr. Joe Foutz was present in the audience and stated he was neither for or against the application, but spoke to the drainage problem and made suggestions for Council consideration. Ms. Veronica Kuhn, Betty Street, a new resident in the area, stated she was neither for or against the project. She stated a lot of evidence has been presented but there is confusion as to what the effect will be. The environmental impact report is designed to address the problems brought out in this discussion. In her opinion the people in this area deserve another look by the Council. Public hearing was closed at 9: 45 p.m. The City Attorney explained that the provisions of the California Environmental Quality Act (CEQA) do not apply unless there is a discretionary act by local government involved. The drainage situation by itself would not require any environmental treatment. This project, due to building configuration, classified as a dwelling group. A dwelling group requires a use permit which is a discretionary act. CEQA provides for a negative declaration and it was staff ' s opinion that a negative declaration was proper as the zoning of the area would allow the development of multiple dwelling units and building configuration should not be determination of environmental impact. The City Attorney read Section 65860 of the California Government Code after the question was raised regarding zoning being consistent with the General Plan. Said section defines consistency stating that zoning is consistent if, "The various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses and programs specified in such a plan" . Council discussion was primarily directed toward the drainage problem in the area. It was pointed out that if subject plan were turned down the area could be developed another way and there would still remain a drainage problem. It was also pointed out that Council continues to address the drainage problem. It is now time to solve the problem. City/County participation is important. MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 6, 1975 - PAGE 3 Councilwoman Pearson made a motion, seconded by Councilman Simpson to uphold the Planning Commission decision and deny the appeal of the use permit application filed by Kennedy Homes. Under the question discussion followed. The motion was withdrawn by Councilwoman Pearson and Councilman Simpson. On a motion by Councilwoman Pearson, seconded by Councilman Simpson it was carried by the following roll call vote to uphold the Planning Commission' s Negative Declaration of Environmental Impact on Use Permit Application No. 75-60, filed by Kennedy Homes and deny the appeal of the Negative Declaration filed by Robert Saunders, 43 Betty Street. AYES: Councilwoman Pearson, Councilmen Norgard, Simpson, Mayor Weinkauf NOES: Councilman Wood ABSENT: None On a motion by Councilwoman Pearson, seconded by Councilman Simpson TT was carried by the following roll call vote to uphold the Planning Commission decision to approve Use Permit Application No. 75-60, filed by Kennedy Homes. AYES: Councilwoman Pearson, Councilmen Norgard, Simpson, Mayor Weinkauf NOES: Councilman Wood ABSENT: None RECESS - 10: 50 P.M. - RESUMED 11: 00 P.M. ADOPTION OF ORDINANCE NO. 672 (ZONE CHANGE APPLICATION NO. 75-52 INITIATED BY PLANNING COMMISSION) On a motion by Councilman Norgard, seconded by Councilwoman Pearson it was carried by the following roll call vote to adopt Ordinance No. 672 and the Mayor and Clerk be authorized to sign same, "An Ordinance Of The City Council Of The City Of Ukiah Amending Chapter 2, Division 9 Of The Ukiah City Code By Rezoning Property From Existing C-M Zone To C-2 Zone (Zone Change Application No. 75-52; Planning Commission Initiated) " . AYES: Councilwoman Pearson, Councilmen Norgard, Wood, Simpson, Mayor Weinkauf . NOES: None ABSENT: None ADOPTION OF ORDINANCE NO. 673 DESIGNATING CITY COUNCIL MEETING PLACE On a motion by Councilman Simpson, seconded by Councilwoman Pearson TF was carried by the following roll call vote to adopt Ordinance No. 673 and the Mayor and Clerk be authorized to sign same, "Ordi- nance Of The City Council Of The City Of Ukiah Designating The City Council Meeting Place" . AYES: Councilwoman Pearson, Councilmen Norgard, Wood, Simpson, Mayor Weinkauf . NOES: None ABSENT: None RESOLUTION NO. 76-10 EXPRESSING BEST WISHES TO CHIEF BUILDING OFFICIAL, FRANK CARPENTER On a motion by Councilman Norgard, seconded by Councilman Simpson it was unanimously carried Resolution No. 76-10 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Expressing Its Best Wishes To The Chief Building Official , Frank Carpernter On The Occasion Of His Retirement" . MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 6, 1975 - PAGE 4 RESOLUTION NO. 76-11 AUTHORIZING PARTICIPATION IN NCPA DEVELOPMENT FUND AGREEMENT On a motion by Councilman Norgard, seconded by Councilwoman Pearson EF was carried by the following roll call vote Resolution No. 76-11 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Authorizing Participation IN And Signature To The Northern California Power Agency Development Fund Agreement. AYES: Councilwoman Pearson, Councilmen Norgard, Simpson, Mayor Weinkauf NOES: Councilman Wood ABSENT: None RESOLUTION NO. 76-12 SUPPORTING HOUSING AUTHORITY OF COUNTY APPLICATION FOR FUNDS On a motion by Councilwoman Pearson, seconded by Councilman Simpson it was carried by the following roll call vote Resolution No. 76-12 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Supporting The Housing Authority Of The County Of Mendocino ' s Application For Funds To IMplement A Housing Assistance Payment Program For Existing Housing Under Section 8 Of The United States Housing Act Of 1937 And Requesting That The Program Be Applicable Within The City Of Ukiah Jurisdictional Boundaries" . AYES: Councilwoman Pearson, Councilmen Norgard, Simpson, Mayor Weinkauf NOES: None ABSENT: None ABSTAIN: Councilman Wood Councilman Wood represents the Housing Authority. RESOLUTION NO. 76-13 AUTHORIZING EXECUTION OF CETA II SUBGRANT On a motion by Councilman Simpson, seconded by Councilman Norgard it was carried by the following roll call vote Resolution No. 76-13 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Authorizing The Execution Of A Comprehensive Employment And Training Act Title II Subgrant" . AYES: Councilwoman Pearson, Councilmen Norgard, Wood, Simpson, Mayor Weinkauf NOES: None ABSENT: None CLAIM FOR DAMAGES DENIED (ALTA DILLINGHAM, 625 JOSEPH ST. ) On a motion by Councilman Wood, seconded by Councilwoman Pearson it was unanimously carried to deny the claim for damages filed by Alta Dillingham, 625 Joseph Street and refer same to the insurance carrier. NOTICE OF COMPLETION FOR GOBBI STREET WIDENING PARNUM PAVING, INC. On a motion by Councilman Norgard, seconded by Councilman Simpson it was unanimously carried to accept the work on the Gobbi Street widening as complete and authorize the Clerk to file the Notice of Completion. AWARD OF BID FOR STATION WAGON TO UNDERWOOD FORD-MERCURY INC. City Manager reported only one bid was received for subject vehicle and recommended the bid be awarded to the sole bidder, Underwood Ford- Mercury, Inc. On a motion by Councilman Norgard, seconded by Councilwoman Pearson TF was unanimously carried the bid for 1-1975 model station wagon be awarded to Underwood Ford-Mercury, Inc. in the total amount of $5529. 69. `J MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 6, 1975 - PAGE 5 CARPENTER/KENDRICK PROPERTY The City Attorney reported contact with Mrs. Kendrick' s attorney indicates restrictions on the property that could present some problems. Said restrictions were not anticipated by the Council and staff will meet with the attorney to clarify this point. COUNCILMAN SIMPSON Councilman Simpson referred to the Colt League Tournament recently held in the City and the many favorable comments he heard regarding it. He suggested that in the future when it is necessary to schedule the double elimination games, that someone, perhaps a Recreation Commission member, should see that the fields are ready for play so that others devoting their time will not have to do this work also. COUNCILWOMAN PEARSON Councilwoman Pearson thanked Council for the Certificate presented to her at the recent Redwood Empire League of California Cities meeting in Arcata. Mrs. Pearson was elected President of said organization for the coming year. Councilwoman Pearson asked if an ordinance could be adopted which would restrict the time for jet landings in and out the airport. ADJOURNMENT Mayor Weinkauf adjourned the meeting at 11:35 p.m. ayor ATTEST: City Clerk