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HomeMy WebLinkAboutMin 10-07-92346 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - October 7, 1992 The City Council convened in a regular meeting, with the Agenda legally noticed and posted, at 6:30 p.m. in the Council Chambers of the Civic Center, 300 Seminary Avenue. Roll was taken and the following Councilmembers were present: Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Public Works Director Goforth, Electric Utilities Director Barnes, Police Captain Budrow, Police Captain Williams, Community Development Director Harris, Fire Marshal Sandelin, and Assistant City Manager Horsley. INVOCATION/PLEDGE OF ALLEGIANCE The City Clerk delivered the Invocation and Councilmember McMichael led the Pledge of Allegiance. SPECIAL ORDER OF BUSINESS 4a. Police Officers Greg Baarts and Sean Kaeser Captain Williams individually provided brief biographies and introduced the new Police Officers, Greg Baarts and Sean Kaeser. 4b. Public Works Solid Waste Load Checker Eric McKnight and Water/Sewer Attendant I Mike Wieling The Public Works Director individually provided brief biographies and introduced Eric McKnight, Solid Waste Load Checker and Mike Wieling, Water/Sewer Attendant I. 5. Approval/Correction of Minutes of Regular Meetinq of September 16, 1992 Councilmember Malone made the following correction to Page 2, 1st line; noted he had abstained from the vote in which he was listed as voting AYE. Mayor Schneiter made the following correction to Page 1; noted there are two Items listed as "6b.", and to change one to "Item 6c." M/S McMichael/Malone to approve the minutes of the regular meeting of September 16, 1992, as corrected. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 7. CONSENT CALENDAR The City Manager clarified a clerical error in the staff report in Item 7g., 1st paragraphs, line 9, omit the words "accounting for" and replace with "after". M/S Shoemaker/McMichael to approve the Consent Calendar as follows: 7a. Approved the Payroll Warrants, #44534 to #44742, dated from July 19, 1992 to August 1, 1992, in the amount of $141,693.81; and the General Warrants, #56721 to 56900, in the amount of $787,490.13. 7b. Approved the Payroll Warrants, #45144 to 45333, dated August 30, 1992 to September 12, 1992, in the amount of $145,282.23; and the Payroll Warrants, #45334 to #45508, dated September 13, 1992 to September 26, 1992, in the amount of $136,932.62; and the General Warrants, #57279 to #57504, dated October 7, 1992, in the amount of $743,833.92. 347 7c. Denied the claims received from Michael A. Bazzani and Jean Cline, and referred them to the City's insurance carrier, R.E.M.I.F. 7d. Accepted the work of Harborth Excavating for the Construction of Water Main Improvements on South Orchard Avenue, North State Street, and Hazel Avenue, Specification No. 92-08, and directed the City Clerk to file the Notice of Completion. 7e. Accepted the work of Parnum Paving, Inc. for Asphalt Concrete Surfacing on various City Streets, Specification No. 92-05, and directed the City Clerk to file the Notice of Completion. 7f. Accepted the letter of resignation from Parks and Recreation Commissioner Bill England, and authorized the City Clerk to advertise the vacancy. 7g. Authorized the City Manager to execute the agreement extending the Professional Services Agreement with Melinda Toney, to September 19, 1993. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Bob Wattenburger, 611 West Clay Street, stated he feels there are two emergency items related to the Airport that need immediate attention; 1) Noted the Beacon light has not been working the last 2 weeks and explained how important this light is to aircraft that fly at night; 2) Stated the airport administration roof has been leaking the last two years and should be repaired. The City Manager noted these matters will be looked into immediately. NEW BUSINESS 10a. Consideration of Greater Ukiah Chamber of Commerce Funding Request The City Manager distributed copies of the report he provided to Council previously. He provided a verbal report regarding factors used in determining the City's future funding of the Chamber, and specific appropriations towards programs that benefit the community and it's economy without duplication in economic growth and development. He outlined the City's efforts and programs developed for economic development. The City Manager advised the Chamber could develop programs in the areas of business education, information, and exchange; tourism information development and promotion; and community events coordination. He recommended a total funding amount of $16,250 with specific appropriations in four specific program areas. Charlie Chase, 920 Dominican Way, President of the Chamber Board of Directors, outlined past and future programs proposed by the Chamber. He noted he has not had time to review the City Manager's report. Discussion ensued regarding Chamber funding and budget line items, City funding reductions due to State impacts, and Council perspectives. M/S McMichael/Malone approve the maximum funding as follows; $2,500 from Redevelopment Funds for business education, information and exchange (with quarterly status reports); $8,000 for tourism information, development and programming (with no money released until a detailed plan for this program is submitted to the City for approval with quarterly reports required; $3,750 from the General Fund Reg. Mtg. Ocotber 7, 1992 Page 2 348 Community Promotion Fund for community wide events coordination with specific amounts delineated to Band Review, Hometown Festival, July 4th fireworks and the Christmas tree lighting ceremony (with no monies released until close to time of the event); and $2,000 from Redevelopment Funds for Main Street/Downtown Merchants Association (which includes in-office credit/costs associated with publicity/promotions access to Chamber Newsletter, etc.); for a total of $16,250, and the City is interested in response and dialogue within these specific categories. The motion was carried by the following roll call vote: AYES: Councilmember Malone, McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. PUBLIC HEARING 9a. (Cont, form September 16, 1992) Appeal of Planning Commission Conditions of Approval Regarding Height of Siqn, Use Permit Application No. 92-36, as filed by Carlson Design, for the construction of a 2,300 square foot eat-in/drive-throuqh restaurant (Kentucky Fried Chicken) in a C-2 zone located at 1139 North State Street, Ukiah, California, aka Assessor's Parcel No. 001-360-25. Mayor Schneiter polled the Council, and all had viewed the site. The Community Development Director reported on the August 26, 1992 Planning Commission meeting where Use Permit No. 92-36 was approved with a condition of approval that a free-standing sign on State Street be a maximum of 8 feet in height. He noted this is the subject of appeal at this Public Hearing. Council discussed with staff the Ukiah City Code requirements for signs, Site Development Permits and Use Permits. PUBLIC HEARING OPENED - 7:49 p.m. Stephen Prendiville, 2290 Appolinaris, stated their 24'6" sign is allowed under the sign Ordinance and that is the reason for their original design and proposal. He noted they are concerned with visibility of the sign in relation to trees, traffic and other allowed signs in the near vicinity. He requested they be allowed to place the sign the same height as the manchard roof. He noted the cupola portion of the roof has a national symbol of Kentucky Fried Chicken for the last 8 years, but indicated the "KFC" signage is not important to them. No others came forward. Discussion ensued regarding roof height, the allowed height of Taco Bell's sign, and electric utility line heights. PUBLIC HEARING CLOSED - 7:55 p.m. Councilmember Malone noted he would like to know the Planning Commission's supporting reasons when they make aesthetic determinations. Discussion ensued regarding signage on the cupola, height, sign ordinance requirements, traffic visibility, and set-back distances. Mayor Schneiter stated it is his opinion that a good sign does not necessarily have to be a high sign, and indicated many communities are very innovative with their requirements for signs, which can be visible at a lower height. M/S McMichael/Wattenburger to grant the appeal of the applicant, limiting the height of the sign to the height of the primary roof, with the cupola not to be counted, with total square footage of signs as allowed by code. Reg. Mtg. Ocotber 7, 1992 Page 3 349 Councilmember Shoemaker questioned if the Motion intended for the removal of the KFC from the cupola. Councilmember McMichael answered in the negative. Councilmember Shoemaker stated he feels the KFC on the cupola should be considered a sign and should not be allowed. PUBLIC HEARING REOPENED - 8:07 p.m. Mr. Prendiville asked if the signage on the cupola is removed, will they be allowed additional sign footage. The Community Development Director stated a total of 150 square feet of signage would be allowed with 200 feet of building frontage. PUBLIC HEARING CLOSED - 8:08 p.m. Mayor Schneiter asked the City Clerk for a reiteration of the motion on the floor. The motion was read and clarified. Mayor Schneiter called for the question. The motion on the floor was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, and Mayor Schneiter. NOES: Councilmember Shoemaker. Recess - 8:12 p.m. Reconvened - 8:20 p.m. 9b. Consideration of Modifying Method of Assessing Businesses in Downtown Improvement District i. Introduction of Ordinance Amending Section 2606 of the Ukiah City Code Assessinq a Fee on Businesses in the Parking and Business Improvement District and Benefit Zone The City Manager reported a letter of protest has been received from James Griffith, and indicated further clarification was given to Mr. Griffith regarding the calculation of his assessment fee. The City Manager reported this proposal limits the assessment fee for the Downtown Parking and Improvement District to a $250 maximum. He noted businesses in the Downtown Improvement District currently pay an assessment equal to 100% of their regular business license tax, which occurred when the business license cap was removed last year. He stated this proposed change is intended to relieve downtown businesses from the extra assessment and to serve to encourage relocation to the downtown more attractive. PUBLIC HEARING OPENED - 9:24 p.m. No one came forward. PUBLIC HEARING CLOSED - 9:25 p.m. M/S McMichael/Malone to introduce the Ordinance by reading the title only for the first reading. The motion was carried by a unanimous voice vote of all AYE. The City Clerk read the title only. M/S McMichael/Wattenburger to introduce the Ordinance amending Section 2606 of the Ukiah City Code assessing a fee on businesses in the Parking and Business Improvement District and Benefit Zone. The motion was carried by the roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Reg. Mtg. Ocotber 7, 1992 Page 4 35O NEW BUSINESS (Continued) 10b. Set Date for Joint Meetinq with Airport Commission It was the general consensus of Council to set the date of November 10, 1992, for a joint evening meeting with the Airport Commission, in the Council Chambers of the Civic Center. 10c. Consideration of Resolution Authorizinq Cal-Trans to Modify Existinq Signs on Hiqhway 101 to Designate Perkins Street as Central Ukiah Exit The Public Works Director reported on the proposal to Cal-Trans to change five Highway 101 exit signs pertaining to Central Ukiah designations. He explained the proposed Resolution will satisfy Cal-Trans requirements to authorize the changes and cost reimbursement of approximately $1,300. Councilmember Malone stated the Boonville Road west exit that states "Highway 253 West, Boonville next right" should say "South State Street, Ukiah, right lane". M/S Wattenburger/McMichael to adopt Resolution No. 93-28, authorizing Cal-Trans to modify, add or replace existing street signs on highway 101 northbound to identify Perkins Street as the central Ukiah exit with the changes identified in Exhibit "A" with the additional change to the Boonville Road exit west that now states "Highway 253 West, Boonville next right" to the new wording of "South State Street, Ukiah, right lane". The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 10d. Review Leaque of California Cities Proposed Resolutions Council proceeded with their item by item review of the information provided by the League of California Cities proposed Resolutions and recommendations. Action will be taken at the LCC Annual Conference, in Los Angeles, October 10 - 14, 1992, and Council provided Councilmember Shoemaker with some general direction. It was the general concensus of Council for Councilmember Shoemaker to receive further information at the conference, and vote with his discretion. Councilmember Shoemaker requested further information regarding Proposition 162, at the next Council meeting. 10e. Status Report Reqardinq Referendum Against Ordinance No. 929 Council received the report from the City Clerk noting no referendum petition regarding Ordinance No. 929, amending the Airport Industrial Park Planned Development, was filed by the final deadline time of 5:00 p.m., October 2, 1992. 11. CITY COUNCIL REPORTS Councilmember Malone Reported on the annual Northern California Power Association meeting he attended. Councilmember McMichael Commented he was also impressed with last years Annual NCPA meeting that he attended. Councilmember Wattenburqer None. Reg. Mtg. Ocotber 7, 1992 Page 5 351 Councilmember Shoemaker Reported on the Ukiah Valley Water Task Force meeting he attended, noted that Robert Farnbach expressed interest in applying for the vacancy on the Parks and Recreation Commission, and questioned if the Mendocino County Office of Education is preparing to give the equipment, that the City of Ukiah helped purchase, to Century Cable. Mayor Schneiter Reported on the Redevelopment Workshop, the Annual NCPA meeting, the Local Government meeting regarding future planning and the REMIF meeting he attended. CITY MANAGER/DEPARTMENT HEAD REPORTS Reported on the recent Ukiah Downtown Revitalization workshop. 13. CLOSED SESSION The City Attorney advised a motion is needed to go into Closed Session to discuss pending litigation. M/S Wattenburger/McMichael to go into Closed Session to discuss Pending Litigation, as allowed under the pending litigation exception of the Brown Act, Government Code Section 54956.9 (a), City of Ukiah vs. County of Mendocino, et al, pending in Mendocino County Superior Court, regarding the ambulance case. The motion was carried by a unanimous voice vote of all AYE. Council entered Closed Session at 9:30 p.m. Council came out of Closed Session at 9:45 p.m. The City Attorney noted there was no action taken or required. 14. ADJOURNMENT There being no further at 9:45 p.m. CCMIN.111 business, ~e City Cle] ~ CM~/~E adjourned Reg. Mtg. Ocotber 7, 1992 Page 6