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HomeMy WebLinkAboutMin 07-21-04MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, JULY 21, 2004 The Ukiah City Council met at a Regular Meeting on July 21,2004, the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Rodin, Andersen, Smith, Baldwin, and Mayor Larson. Staff present: Community Services Director DeKnoblough, Finance Director Elton, City Manager Horsley, Associate Planner Keefer, Fire Chief Latipow, City Attorney Rapport, Community Services Supervisor Sangiacomo, Planning Director Stump, Police Chief Williams, and Deputy City Clerk UIvila. 2. PLEDGE OF ALLEGIANCE Planning Commissioner Kevin Jennings led the Pledge of Allegiance. City Attorney Rapport explained that an error occurred with the title of item "10e" on agenda. It should have been titled, "Consideration and Action Regarding Ballot Argument in Favor of the Argument." Because the item was not described properly on the Agenda, he recommended Council vote to add that item as an urgency item for Council's consideration and noted that the deadline for filing an argument for or against the ballot measure is July 26, 2004. M/S Rodin/Smith amending agenda to add item "10e" with the title of "Consideration and Action Regarding Ballot Argument in Favor of the Argument", and carried by an all AYE voice vote of Council. City Manager Horsley advised that Senator Chesbro's office has requested that Agenda item "10c" be continued to the Council's next meeting, as revisions are still being made. The request was approved by the unanimous consensus of the City Council. 3. PRESENTATIONS None. 4. APPROVAL OF MINUTES 4a. Joint Meeting with the Ukiah Valley Sanitation District of June 97 2004 M/S Andersen/Baldwin approving the Minutes of the Joint Meeting with the Ukiah Valley Sanitation District of June 9, 2004, as presented, and carried by unanimous consent, with Councilmember Smith abstaining. 5. RIGHT TO APPEAL Mayor Larson read the appeal process. 6. CONSENT CALENDAR M/S Smith/Baldwin approving items "a" through "d" of the Consent Calendar as follows: a. Approved Disbursements for Month of June 2004; Regular City Council Meeting July 21,2004 Page 1 of 10 b. Received Report to Council Regarding Vacancy on the Parks, Recreation and Golf Commission; c. Rejected Claim for Damages Received from Cinda Johnsen and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; d. Approved of Publishing Services By Ukiah Daily Journal for Fiscal Year 2004/2005, in the Amount of $5.26 Per Column Inch for the First Day and $3.65 Per Column Inch for Additional Days. Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Susan Clark, Manager of the Redwood Empire Fair, announced that the fair will be held from August 12 through 15th and she invited the public to attend. She thanked local businesses for their sponsorship and support of the Fair. Mike Deckard, Ukiah, discussed curbs and gutters not being installed with new homes and also discussed problems he is having with his neighbor. James Mulheren presented a check in the amount of $1,000 to the Police Officers Association in support of the November sales tax measure for public safety. 6:45 p.m.- Mayor Larson left his seat as Mayor and Vice-Mayor Baldwin presided over the meeting. Eric Larson announced that he will seek reelection for the office of Mayor, however, he will devote his time toward the campaign for the November public safety sales tax measure and not campaign for Mayor. 6:47 p.m. - Mayor Larson returned to chair the meeting. 8. PUBLIC HEARING (6:45 P.M.) 8a. Consideration and Action on Appeal Filed by Rebecca Thune of the Zoning Administrator's Conditional Approval of the Ashiku Height Exception Use Permit Proiect Located at 510 South Spring Street Planning Director Stump discussed information contained in his Staff Report to Council with regard to the public hearing conducted by the City's Zoning Administrator and explained that the Zoning Administrator made certain findings and conditionally approved the Use Permit filed by Mr. Mark Ashiku, seeking relief from the R-1 (Single Family Residential) 30-foot height limit to allow the height of an existing single-story residence to be increased approximately four feet. On June 25, 2004, Rebecca Thune filed a timely appeal to the City Council, stating that the increased height would be incompatible with other structures in the neighborhood, and would adversely impact the general welfare of the residents in the area. He stated that the property owner at 510 South Spring Street originally sought 10-feet of relief from the R-1 30-foot height standard to construct a second story addition onto the existing residence that would reach a height of 40-feet. After neighbors expressed opposition to the project, the property owner revised the plan and reduced the proposed height to 34-feet. While many neighbors, including all adjacent property owners, were Regular City Council Meeting July 21,2004 Page 2 of 10 pleased with the revised plan and no longer expressed opposition, a few neighbors remained concerned. The Zoning Administrator did not receive any factual evidence that the additional four- feet of height would adversely impact the public's health, safety or general welfare. The concerns expressed regarding the additional four-feet of height were subjective in nature, and no factual evidence was presented to support the claim. On the contrary, technical evidence was submitted that indicated the project would not have an adverse impact on the public's health, safety, and general welfare. Additionally, the Zoning Administrator found, based on field reconnaissance, that the homes in the surrounding neighborhood, and on the west side in general, are comprised of an eclectic mix of architectural styles, shapes, sizes and heights, and therefore allowing a residence to exceed the height limit by four-feet would not be incompatible with the neighborhood. Based on these, and a number of additional findings of fact, the Zoning Administrator conditionally approved the project. Planning Director Stump and Associate Planner Keefer responded to questioning by Council with regard to the measurements of the height of Mr. Ashiku's residence, variances, and the authority of the Zoning Administrator. Public Hearing Opened: 6:56 p.m. Members of the audience speaking against the project were: Rebecca Thune, Mike Deckard, Greg Foss, Peter Good, Michelle Niderost, Judy Pruden (who submitted findings to Council), Aaron Niderost, Joan Hermann, and Lynne McGuire. Tape 1 b Mark Ashiku, applicant, requested a recess to read the document submitted by Judy Pruden and that he be allowed to submit photographs to Council and the audience for review concerning what the project would look like from the second story of his home. A brief discussion of the Council followed resulting in a consensus of Council to table the matter and the Public Hearing for a brief period of time and to continue with the agenda until Mr. Ashiku has had an opportunity to review Ms. Pruden's documents and obtain his photographs for the public's review. Recessed from this agenda item at 7:46 p.m. 9. UNFINISHED BUSINESS 9a. Status Report Regarding Cable Franchise Renewal Negotiations with Adelphia Communications~ Inc. Community Development Director DeKnoblough discussed his Staff Report to Council regarding the cable franchise renewal negotiations with Adelphia Communications. Two main issues which have been the focus of negotiations have been funding for public, education, and government (PEG) channels and the length of term of the agreement. The needs assessment determined the total funding needs for Mendocino County, Ukiah, Fort Bragg, and Willits to be approximately $1,500,000. After lengthy discussions with the consultant, CSG, and negotiations with staff, Adelphia Regular City Council Meeting July 21,2004 Page 3 of 10 has been willing to commit to an overall funding of $1,000,000 countywide, spread over the length of a 15-year agreement. Considerable discussion followed with regard to a 15 year contract and whether a shorter contract term would be more appropriate, the $.25 per subscriber per month add on charge by Adelphia, the situation if Adelphia sells or transfers their franchise to another company, the trend to reduce PEG funding, and other related financing issues. By consensus, the City Council received the status report regarding the cable franchise renewal negotiations and provided direction to staff to recommend a shorter term and with a lesser amount of monthly fees to the users. Recessed: 8:05 p.m. Reconvened: 8:15 p.m. 8. PUBLIC HEARING (Continued) 8a. Consideration and Action on Appeal Filed by Rebecca Thune of the Zoninq Administrator's Conditional Approval of the Ashiku Height Exception Use Permit Project Located at 510 South Spring Street Public Hearing continued at 8:15 p.m. Tape 2a Mark Ashiku discussed the photographs he presented to the public during the recess in terms of the direction and height they were taken. He identified the photos for the record. He disagreed with the appellant that his project would be detrimental to the health, safety, and welfare of the neighborhood. It was his opinion that the Staff Report is comprehensive and addressed each issue adequately, including those raised by Ms. Pruden. He explained that his home is not listed on the historical register. He noted that his home is completely surrounded by trees and at a height of 34 feet would not be very visible. He requested the 34-foot height based on negotiations with his adjacent neighbor in which he agreed that his addition would not cast a shadow on his neighbor's property. He went on to discuss other structures on his property. Considerable discussion ensued with regard to the height of the home, its foundation, and slope in the back yard, and dropping the pitch of the roof line. Further public comment was received from those opposing the project: Greg Foss, Mike Deckard, Marlene ?, Michelle Niderost, Aaron Nederost, and Becky Thune. Members of the audience speaking in support of the project were Mark Ashiku, John McCowen, and Patrick Liberty. Tape 2b Public Hearing Closed: 9:10 p.m. Councilmember Smith voiced his support for Mr. Ashiku's requested permit. Regular City Council Meeting July 21,2004 Page 4 of 10 Councilmember Andersen stated that he could not find a compelling reason why four additional feet is needed for Mr. ^shiku's project. Planning Director Stump advised that the height restrictions provide for any impacts a project may have on neighbors, provides flexibility in the height of a home and with architectural styles within 30 feet, and provides a window of flexibility for single family residential development. It was the conclusion of staff that they could not find any detriment and could not make any findings that the four additional feet would have an adverse impact on the public health, safety, and general welfare, based on all of the information provided. Therefore, staff supported the extra four foot proposal. Planning Director Stump stated that even though there were a few people who attended the Zoning Administrator's meeting and spoke against the project, they did not provide factual evidence or merit to the argument. Councilmember Baldwin discussed the 10 findings by Staff and felt some of the words are subjective. He also discussed the General Plan and was of the opinion that Council should listen to the neighbors' views. He could not find a compelling argument to approve the project. Councilmember Rodin was of the opinion that the issue is not about height but rather about the design of the remodeled home. She felt the design of the home is acceptable and that the home could go to a height of 34 feet if the applicant is sensitive to the design and that it have continuity to the original house. She recommended Staff move forward with development of a historical ordinance. Mayor Larson expressed his concerns with the historical preservation of the building and did not think the proposed design represents the historical design of the building. It was his opinion that the historical character of the building would be destroyed whether the building is 30 or 34 feet in height. He could see no compelling need for the Use Permit to be granted. M/S Smith/Rodin agreeing with the findings made by the Zoning Administrator and to deny the appeal filed by Rebecca Thune and to support the Use Permit filed by Mark Ashiku. A discussion by Council followed related to the findings submitted by Staff and those submitted by Ms. Pruden. Motion failed by the following roll call vote: AYES: Councilmembers Rodin and Smith. NOES: Councilmember Andersen and Baldwin, and Mayor Larson. ABSTAIN: None. ABSENT: None. M/S Baldwin/Andersen to uphold the appeal with the findings that: 1)The development of the addition to the house to the height of 34 feet is not consistent with the General Plan's elements Historical-Archaeological Resources and Community Design; 2) The development of the addition to the house to a height of 34 feet is not consistent with the scale and proportions of the immediate neighborhood; and 3) The development of the project will not be proportionally appropriate on the subject property and is not architecturally complimentary to the neighborhood. Regular City Council Meeting July 21,2004 Page 5 of 10 Mayor Larson stated that he will vote to deny the Use Permit but not with any prejudice toward rehabilitation of the building. Upon an inquiry by Councilmember Andersen with regard to whether these findings are adequate to deny the project, City Attorney Rapport advised that the findings must be supported by substantial evidence in the record. In response to a statement by Council member Andersen that the burden should be on the applicant to establish that the use permit should be approved rather than on the opponents to prove that it should be denied, the City Attorney explained the difference between this case and the typical case, where a property owner is seeking to be excused from a requirement of the zoning ordinance. In the typical case, to be excused from a zoning requirement, like the 30 foot height limit involved here, a property owner must apply for and receive a Variance. To grant a Variance, the City Council must find that if the zoning requirement were enforced, it would deprive the property owner of the same use of his property that his neighbors can make of theirs, because of some unique characteristic of his property. To get a Variance, therefore, the burden is on the applicant to demonstrate why unique characteristics of his property make it unfair to apply the zoning requirement to him. In this case, the zoning ordinance provides that a house can exceed 30 feet in height with the issuance of a Use Permit. To deny a Use Permit, the City Council must find that granting the permit will be detrimental to the neighborhood. By allowing buildings to exceed 30 feet in height with a Use Permit, the Zoning Ordinance converts the 30 foot standard from a limit to a guideline which can be exceeded as long as a taller building will not be detrimental to the neighborhood. Therefore, in this case, unlike a situation where a zoning requirement is a standard requirement and not, as here, a guideline, the burden is on the opponents to produce substantial evidence that granting the Use Permit will have detrimental effects on the neighborhood.. In terms of the facts in the record that Council should be identifying, the Council should consider whether the project would be detrimental. The administrative record must contain substantial evidence that it will be detrimental to the neighborhood, if the house is allowed to exceed 30 feet. Tape 3a M/S Baldwin/Andersen amending the motion to revise finding #3 to read, "The development of the project will be detrimental to the health safety and general welfare of persons working or residing in the neighborhood, because the increase in house height is not proportionally appropriate on the subject property and will not be architecturally complimentary to the neighborhood.", carried by the following roll call vote: AYES: Councilmembers Councilmember Andersen and Baldwin, and Mayor Larson. NOES: Councilmember Smith. ABSTAIN: Councilmember Rodin. ABSENT: None Regular City Council Meeting July 21,2004 Page 6 of 10 Recessed: 9:57 p.m. Reconvened: 10:02 p.m. Tape 4a 10. NEW BUSINESS 10a. Discussion of Amplified Sound Management-Vice-Mayor Baldwin Vice-Mayor Baldwin referred to a letter he wrote to Council that is included in the Council packet concerning support for amplified sound management. In particular, he referenced the loud music generated from the western hills by property owner Rick Piffero that he found to be offensive and solicited law enforcement to abate the situation. He also drew attention to neighbors of Todd Grove Park who tolerate a growing number of amplified private events, some plugged in at the picnic area and others from stereos in parked cars. Public Comment opened by Mayor Larson: 10:05 p.m. Members of the audience that spoke to the playing of loud or amplified music either by Mr. Piffero on the Fourth of July or at other locations in the City were: Alea Waters, Mike Deckard, Roger Baker, John Mc Cowen, Katarzyna Rolzinski, Steve Schmanini, Susan Knapp, Leslie Kirkpatrick, Judy Pruden, Liam Wetsel, Max Klinger, Jean Harmon, and Rex Eiffert. Tape 4b Police Chief Williams discussed that music on the Fourth of July and the numerous complaints received, and explained that Staff has reviewed the City Noise Ordinance with the City Attorney and City Manager and it is their belief some changes could be considered that would allow easier enforcement by the Police Department. City Attorney Rapport discussed enforcement of the Noise Ordinance and possible to changes to violations so they could be considered an infraction. The District Attorney has sole discretion to make a decision without appeal and can prosecute misdemeanors. Mayor Larson suggested that Council's input on this matter be in the form of a subcommittee of the Council that will meet with relevant Staff, look over the ordinances, and research options available in terms of a more comprehensive or enforceable policy. Councilmember Rodin suggested reducing the violation to an infraction and fines would be discretionary, with the amount of the fine dependant on how far away the noise can be heard. She stated that she was disturbed by the noise on the Fourth of July and found it to be a violation of the peace. She discussed her conversation with the District Attorney in which he was condescending and insulting to her. She suggested writing letter to the District Attorney about the situation. It was her opinion that the District Attorney that dropped the ball in this situation, not the Police Department. Councilmember Andersen was of the opinion that a subcommittee can not only look at the City's noise ordinance but could research other noise ordinances in the region. He stated that as the elected body of the City of Ukiah, it should communicate to the District Regular City Council Meeting July 21,2004 Page 7 of 10 Attorney that the City does have a Noise Ordinance. He would like Staff to bring a draft letter to the District Attorney back at the next meeting, or having the Mayor draft a letter with those points raised to the District Attorney. He went on to discuss the music played by Mr. Piffero and how it disturbed his family and the community. Councilmember Baldwin suggested that Council or perhaps a subcommittee discuss disallowing any amplified music at private events in Todd Grove Park or in the Plaza in the future. Mayor Larson requested Council email him their input on with the letter to the District Attorney should contain. He will work on a subcommittee with Councilmember Baldwin with regard to the Noise Ordinance. City Manager Horsley explained that the Community Services Department receives applications for events at the Plaza and Todd Grove Park and the events are very restrictive. Staff will provide Council with a list of those restrictions. 10. NEW BUSINESS 10b. Presentation by Solid Waste Systems Re.qardin_~ Apartment Rec¥clin? Councilmember Andersen, representative to the Mendocino County Waste Management Board, advised that he requested the City's garbage collection franchisee to make a presentation to the Council regarding apartment recycling. Pamela Davis, who oversees the public outreach recycling program in Ukiah, discussed the concerns raised by Councilmember. Last April she met with City Staff and MSWMA and agreed to address some of the issues with multi-family recycling and a timeframe was agreed upon for completing the switching of carts. Arrangements were made to improve communication between Solid Waste Systems and MSWMA. Following the agreement, they made a lot of progress and put recycling back in multi- family locations. City Manager Horsley explained that after their April meeting, the City set up a subcommittee and logged all calls regarding servicing problems. Ms. Davis explained that it is her opinion that the issues have now been resolved and Solid Waste wants to continue working with MSWMA and serving multi-family complexes. She discussed the difficulty with that task and the amount of continued outreach to work with the occupants. Tape 5a Councilmember Andersen noted MSWMA's concern that, although the outreach person did their part with educating the occupants, bins that were provided were not delivered on time or picked up. Ms. Davis discussed the difficulty of multi-family recycling and stated that commercial recycling is very important as well. She went on to explain they have an outreach persons visiting the schools janitorial staff to encourage recycling, first with paper recycling, then with recycling in lunch rooms. Regular City Council Meeting July 21,2O04 Page 8 of 10 10. NEW BUSINESS 10c. Discussion and Possible Action Regarding SB 1648 City Manager Horsley advised that Jennifer Puser, aide to Senator Chesbro, has requested the matter be continued to the next Council meeting. 10. NEW BUSINESS 10d. Adoption of Resolutions Declaring the Official Intent to Reimburse Expenditures from the Proceeds of Tax Exempt Securities Finance Director Elton advised that the utility department is pursuing planned upgrades to the water and wastewater facilities of the City. Failure to adopt a reimbursement resolution may mean that financing must be obtained in multiple parts or must be accelerated to provide cash when on hand funds are deleted. M/S Baldwin/Rodin Adopting Resolution 2005-05, declaring the official intent to reimburse expenditures from the proceeds of tax exempt securities - Water Facilities, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. M/S Smith/Andersen Adopting Resolution 2005-06, declaring the official intent to reimburse expenditures from the proceeds of tax exempt securities - Wastewater Facilities, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10e. Consideration and Action Regarding Ballot Argument in Favor of the Ar_~ument Deputy City Clerk Ulvila reported that the date has been set of July 26th for filing arguments for or against the ballot measure that will be included on the November 2004 election. The argument in support of the measure must be written and signed by the Council prior to July 26th. A brief discussion followed with regard to the matter and it was the consensus of the Council that the City Manager, in conjunction with the City Attorney, will make necessary changes to the argument, as presented in the March 2004 election, and provide Council with a copy for review. Once the final version has been established, Council can sign the document in the Council office. 11. COUNCIL REPORTS Councilmember Rodin advised that she received an invitation from Nuestra Casa for the celebration of their summer program at Yokayo School on July 29th. She reported that there was a fire at a home behind her house on Monday night and wanted to commend the firefighters who arrived quickly to respond to the situation. Councilmember Smith reported he attended the Summer Creek dedication ceremony. He explained that he will not be able to attend the August 8th Council meeting as he will be attending a NCPA meeting and then going on vacation. Regular City Council Meeting July 21,2004 Page 9 of 10 Mayor Larson reported that he also attended the Summer Creek dedication of their new facility and made a speech. 12. CITY MANGER/CITY CLERK REPORTS City Manager Horsley presented Council with a list of movies for their review for showing at the Alex Thomas Plaza. She has been working with the Joy Beeler at the Main Street Program. Deputy City Clerk Ulvila reported that only two candidates for the November election have taken packets out but none have been returned to the City Clerk's Office. 13. CLOSED SESSION 14. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 12:12 p.m. Marie Ulvila, City Clerk Regular City Council Meeting July 21,20O4 Page 10 of 10