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HomeMy WebLinkAboutMin 08-04-93MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - Auqust 4, 1993 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:39 p.m., in the Council Chamber of the Civic Center, 300 Seminary Avenue. Roll was taken and the following Councilmembers were present: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, City Engineer Beard, Community Development Director Harris, Director of Public Utilities Barnes, and Director of Public Safety Keplinger. INVOCATION/PLEDGE OF ALLEGIANCE Councilmember Shoemaker delivered the Invocation and Mayor Schneiter led the Pledge of Allegiance. 4. Introduction of New EmDloyees The Director of Public Safety reported to Council on the recent Fire Department reorganization and the recruitment process of 40 applicants for a Fire Captain position which resulted in highest scores by Ukiah Firefighters Dean Hutton and Roger Sprehn. He proudly introduced them to Council and provided a brief biography of each. Approval/Correction of Minutes 5a. Regular Adjourned Meetinq of June 22 - 23, 1993 M/S Malone/Wattenburger to approve the minutes of the regular adjourned meeting of June 22 - 23, 1993, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. 5b. Reqular Meetinq of July 7, 1993 M/S Malone/Mastin to approve the minutes of the regular meeting of July 7, 1993, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: Councilmember Wattenburger 5c. Reqular Adjourned Meetinq of July 20, 1993 M/S Mastin/Malone to approve the minutes of the regular adjourned meeting of July 20, 1993, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. 6. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR M/S Malone/Wattenburger to approve the Consent Calendar as follows; 7a. Received and accepted the report of June 1993 disbursements, as follows; payroll checks #48474 to #48655, dated May 23 to June 5, 1993, in the amount of $135,720.99; payroll checks #48656 to #48849, dated June 6 to June 19, 1993, in the amount of $135,251.94; and demand payments checks #60673 to #61101 in the amount of $1,358,199.33. 7b. Awarded the bid for 15,000 feet of 4/0 AWG 15KV Cable to Pirelli Cable Corporation in the amount of $25,949.14. 7C. Adopted Resolution No. 94-4 establishing 6% in-lieu franchise tax on City utilities. 7d. Adopted Resolution No. 94-5 appointing City Manager Charles L. Rough, Jr. to Redwood Empire Municipal Insurance Fund Board and with alternate of Candace Horsley, Assistant City Manager. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS None. UNFINISHED BUSINESS 10a. Nomination and Appointment of Commissioners i. One Parks and Recreation Commissioner - Applicants - Howard Henley, Carlos Jacinto, Virginia Fin~ Mayor Schneiter nominated Carlos Jacinto with Councilmember Shoemaker seconding the nomination. The nomination was confirmed with the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. ii. One Planning Commissioner Chocholak, Albert Beltrami, Cindee Jr. - Applicants - Diann~ Mayfield, William French Mayor Schneiter nominated Cindee Mayfield to fill the vacancy on the Planning Commission with Councilmember Malone seconding the nomination. The nomination was confirmed by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. iii. Adoption of Resolution Confirming Appointments to thm Parks and Recreation Commission and Planning Commission M/S Malone/Mastin adopted Resolution No. 94-6 appointing Carlos Jacinto to the Parks and Recreation Commission for a first term ending June 30, 1996 and appointing Cindee Mayfield to the Planning Commission for a first term ending June 30, 1996. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. NEW BUSINESS lla. Consideration and Approval of Nonprofit Organization's Requests for Funding Assistance Councilmember Mastin the Council Chambers due to his position Community Center. removed himself at 7:08 p.m. from due to a possible conflict of interest, on the Board of Director of the Ukiah Mayor Schneiter requested brief presentations from each of the non-profit organizations requesting grant funding assistance. Mark Rohloff, Executive Director of Ford Street Project, reported on the caretaker program at the guest house facility which will be funded with their request. Bill Brower, Board of Directors of the Ukiah Senior Center, reported on the senior nutrition and home meal delivery program in need of funding assistance. Arlene Rose, The Youth Project, reported there were an estimated 800 referrals from the Ukiah area for runaway and homeless youth last year and explained funding assistance may be leveraged to match other Federal and State funding which will generate $40,000 to be used locally. Reg. Mtg. August 4, 1993 Page 2 Karen Moon, President of the Board of Director for Project Sanctuary, reported on the funding need for shelter and day care program for abused women. Cheryl Baker, Director of Plowshares, reported on the funding need for the installation and insulation in their main dining room which will result in lowered utility bills, therefore increasing monthly funds. Martin Bradley, Executive Director of Ukiah Community Center, reported on the requested funding for the expanded emergency services program which serves as crisis intervention for families in need. Kris Otto, representative of the Linkages Program, reported on the need for funding assistance for the elderly and institutionalized young adults services such as medication, counseling, in-house help, and meals on wheels. Ross Beck, Board President of Mendocino Big Brothers and Sisters, reported on requested funding for the teen, infant and adult mentor program. Gerald Cox, Coordinator for Nuestra Casa reported on the parenting skills education program assisting Hispanic families understand cultural differences in our area. M/S Shoemaker/Wattenburger to approve grant funding assistance in the total amount of $35,500, with $4,000 appropriated to each of the eight organizations which applied, and fund $3,500 to the Nuestra Casa organization which is the amount requested. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Recess - 7:34 p.m. Reconvened - 7:42 p.m. CONTINUED PUBLIC HEARING (From July 7, 1993) 7:00 p.m. 9a. ADDeal of Planninq Commission Revocation of Use Permit ADDlication NO. 90-20, as Filed by S. Mauer, for a Sinql~ Family Dwellinq Located at 528 S. School St., zoned C-i, LiGht Commercial District. Councilmember Mastin rejoined the meeting at this time. The Community Development Director reported staff met with the property owner and discussed issues regarding improvements to the property, long term maintenance and tenant responsibilities. He noted signed contracts for maintenance of the structure and landscape and a rental agreement are provided for Council review. He explained the property owner indicated all improvements, except the roof repair should be completed within six weeks, and will not be rented until improvements are completed. He outlined the 14 recommended conditions as agreed to by the property owner, for continuation of the Use Permit. The Community Development Director also noted, staff is additionally recommending Council consideration of standard conditions be imposed. Discussion ensued regarding whether the applicant has agreed to the addition of the standard conditions and animal restriction wording in the contract. Councilmember Shoemaker explained he requested staff to include the standard conditions which he feels are important to define necessary details. He noted he could not reach the contractors who signed the contracts. Discussion ensued regarding business license requirements, imposing the standard conditions, guaranteed completion of improvements and repair, hedge planting and maintenance, and Reg. Mtg. August 4, 1993 Page 3 possible substitute wording in-lieu of the standard conditions that all conditions are to be approved by the Director of Community Development. PUBLIC HEARING OPENED - 8:07 p.m. Bruce Crook Jr., 650 N. Bush Street, stated while he appreciates everyone's efforts to address this problem, he remains skeptical due to the past history of the property owner's and manager's lack of resolution of problems resulting from residential tenants. He indicated he is concerned for continued verbal harassment of his employees and customers from residential renters, future maintenance, lack of guarantees, there is an immediate need for a 7 foot hedge, parking problems, drainage, landscape maintenance, north and west fence problems, occupancy requirement, wording problems and enforcement responsibility. He urged the revocation of the Use Permit due to the past history of negligence by the existing property owners. Mayor Schneiter read a letter received from Dr. Richard Gardiner, 518 South School Street, which requested Council to revoke the Use Permit due to negligent owners and in which the neighbors have petitioned for. No others came forward. PUBLIC HEARING CLOSED - 8:21 p.m. Discussion ensued regarding Council's concerns regarding how to condition the Use permit. Councilmember Malone expressed concern timeframes for completion of possible neighbors concerns, and impacts to City staff. regarding conditions, Dr. Mauer stated from the audience that he has not read the 23 standard conditions carefully, which were provided to him this evening. M/S Wattenburger/Mastin to uphold the Planning Commission revocation of Use Permit 90-20, with the findings that the use and or continued use is or would be detrimental to the health, safety, and welfare of persons residing and working in the neighborhood, based on testimony and evidence received in the Public Hearing process. The City Attorney advised Council on additional findings. Councilmember Wattenburger, the maker of the motion, removed his motion from the floor for further discussion, with concurrence from Councilmember Mastin, the maker of the second. M/S Schneiter/Wattenburger to uphold the Planning Commission decision to revoke Use Permit 90-20, with the findings that the use and or continued use is or would be detrimental to the health, safety, and welfare of persons residing and working in the neighborhood; and as the property is not occupied at this time, the conditions have changes, such that any constructed conditions for the continuation of the Use Permit do not provide any comfort or assurance that the conditions will be complied with, followed, or upheld in the spirit in which they were presented. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: Malone. Councilmember Shoemaker expressed his disappointment in the applicant's silence regarding discussions tonight. Reg. Mtg. August 4, 1993 Page 4 llb. Appointment of Leaque of California Votinq Deleqat,~ and Alternate for Annual Conference October 16-19, 199~ M/S Malone/Wattenburger for Councilmember/Vice-Mayor Shoemaker to be designated as League of California Cities Voting delegate and for Mayor Schneiter to be designated as alternate voting delegate. The motion was carried by a unanimous voice vote of all AYE. llc. Authorize the City Manaqer to Execute Contract with Hodqes and Shutt, for $108,000, to Prepare the Ukiah Airport Master Plan and Comprehensive Land Use Plan (CLUP), a~ Required by Federal and State Law The Community Development Director reported federal law requires all general aviation airports to have an adopted Master Plan to guide safe and orderly development, expansion and use of the airport facility. He noted State law requires all airports within the County to have an adopted Comprehensive Land Use Plan which assesses safety and noise impacts to nearby airport environs, and determines the most appropriate land uses for properties near the airport. He explained the current Ukiah Airport Master Plan was adopted in 1971, is in need of updating and the Comprehensive Land Use Plan has never been prepared. He reported the Federal Aviation Administration has awarded the City of Ukiah a grant for $120,000 to assist in the development of these plans. He explained the request for proposal process and staff recommendations. Councilmember Malone questioned if this coordinated with the General Plan revision. will be The Community Development Director explained these plans will be coordinated with County efforts and our Airport Element Committee and will not delay Ukiah's General Plan revision. M/S Shoemaker/Malone to authorize the City Manager to execute contract with Hodges and Shutt to prepare the Ukiah Airport Master Plan and Comprehensive Land Use Plan. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. lld. Set Date for Joint Meeting with the Cultural Arts Advisor_q~_y__Board It was the consensus of Council to set the date of September 7, 1993, from 7:00 p.m. to 9:00 p.m. for a joint Council meeting with the Cultural Arts Advisory Board. lle. Authorize city Manaqer to Execute Contract for Consultinq Services with Ted Goforth M/S Wattenburger/Malone to authorize the City Manager to execute the contract for independent project manager services to oversee the completion of the landfill siting permit amendment process and the improvements to the Wastewater Treatment Plant, up to the point of construction. The motion was carried by a unanimous voice vote of all AYE. CITY COUNCIL REPORTS Councilmember Mastin Reported Monterey Concerts on the League of California meeting he attended in two weeks ago and complimented the Summer in the Park which are very well attended. Reg. Mtg. August 4, 1993 Page 5 Councilmember Malonm Reported on the new show at the Grace Hudson Museum opening August 14, 1993 called "A Show of Hands". Councilmember Wattenburqer Reported he is very pleased with the success of the Summer Concert Series in the Park. Councilmember Shoemaker Reported on the Redwood Empire Division League of California Cities meeting in Crescent City, and the Mendocino Solid Waste Authority meeting he attended. ~eite~ Reported on the NCPA meeting he attended on the 22nd, noted the annual REMIF dinner will be held at the Sunset Grill on August 13th, noted the dedication for the addition to the Ukiah Senior Center is August 20th, and the upcoming NCPA Annual meeting is September 22 - 24, held in Monterey. CITY MANAGER/DEPARTMENT HEAD REPORTS Noted the Council is invited to attend a reception to express appreciation to all Summer Concert donors on August 30th, from 5:00 to 7:00 p.m., at the Todd Grove Room. CLOSED SESSION (Golf Course Negotiations) The City Manager stated a Closed Session is requested to discuss real estate property negotiations with the County of Mendocino for the back eight holes of the Golf Course. Council entered Closed Session at 9:03 p.m. Council came out of Closed Session at 9:28 p.m. with no action to announce. ADJOURNMENT There being no further at 9:29 p.m. CCMIN.139 business~he meeting/~ adjourned Ca~h~ ~fc~ CMC/AA] f, city Clerk Reg. Mtg. August 4, 1993 Page 6