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HomeMy WebLinkAboutMin 06-01-88132 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - JUNE 1, 1988 The City Council convened in a regular session at 6:34 p.m., in the Council Chambers at the Civic Center, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Shoemaker, Hickey, Schneiter, and Mayor Henderson. Absent: Councilmember Myers. Staff present: City Manager Payne, City Attorney Rapport, Community Development/Assistant Redevelopment Director Harris, Public Works Director/City Engineer Pedroncelli, Assistant to the City Manager Horsely, and City Clerk Hayes. Invocation/Pledge of Allegiance Councilmember Hickey delivered the Invocation and Mayor Henderson led the Pledge of Allegiance. Proclamation - National Safe Boating Week - June 5 - 11, 1988 Mayor Henderson read the Proclamation declaring the week beginning June 5, 1988 as National Safe Boating Week and delivered the same to Elaine Rose. Approval/Correction of Minutes Councilmember Hickey noted a correction to the City Council Minutes of the Regular Meeting of May 18, 1988. Page 6, under Councilmember Shoemaker's report, correct E. J. Bell to B. J. Bell. M/S Schneiter/Hickey approved the City Council Minutes of the Regular Meeting of May 18, 1988, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, and Schneiter. NOES: None. ABSTAIN: Mayor Henderson. ABSENT: CouncilmemberMyers. Right To Appeal Decision Mayor Henderson reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. Consent Calendar Councilmember Schneiter pulled Consent Calendar Item 7d, Rejection Bid - Water Main Improvements. It then became New Business, Item lle. M/S Shoemaker/Schneiter approved the Consent Calendar Items 7a, 7b, 7c, 7e, 7f, as follows: 7a. Approved the Payroll Warrants of June 1, 1988, #21401 to #21548, in the amount of $96,862.02. 7b. Approved the General Warrants of June 1, 1988, #37871 to #37982 in the amount of $601,347.19. 7c. Denied the following Claims for Damages and referred to insurance carrier: i. Geer Morton ii. Chuck Partridge and Jerry Robinson 7e. Accepted the subdivision improvements of the Vineyard View Estates, Unit 4 Subdivision. 7f. Approved the Report of Administrative Actions and Proposals (R.A.A.P.) The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Myers. Petitions and Communications 9a. Letter From County of Mendocino Requesting City to Increase O~.c~pa~cy Tax The City Manager noted the letter from the County Administrator. He reminded Council that the City does not fund the Chamber through the room occupancy tax but rather directly through allocations in the budget. 133 Councilmember Hickey explained Council's previous determinations and final action where it was decided not to raise the room occupancy tax. Mayor Henderson commented that Council had determined if an increase were imposed it would be "ear marked" for economic development. M/S Shoemaker/Schneiter accepted and filed the letter. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmember Myers. 9b. Letter From Rural Communities Housin~ment Corporation, Requestin_~ an Amendment to the RCHDC Agreement Approving Density Bonus for Housing for Low-income Senior Citizens Councilmember Shoemaker excused himself at 6:42 p.m. due to a possible conflict of interest. The City Manager referred to Council's previous action regarding the approved density bonus. The request before Council now is to amend that agreement and add one more unit. Duane Hill, Executive Director for RCHDC, 237 E. Gobbi, touched upon HUD's historical background of decreasing allocations but rather this year HUD has allowed the increases. M/S Hickey/Schneiter approved a density bonus agreement of 30 apartment units for low-income senior citizens on Low Gap and Bush. Authorized the Mayor to send a letter supporting RCHDC's 1988 application on the same. Councilmember Schneiter questioned the design of the proposed apartments. Duane Hill noted what RCHDC has built in the past and explained the same architect will be used to design the individual apartment units. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmembers Shoemaker and Myers. Councilmember Shoemaker resumed his position on the Council at 6:47 p.m. Unfinished Business 10a. Letter from Myrna Oglesby Regardin8 Use Permit Application No. 87-83, Nor-Cai/Ross The City Manager explained that the applicant has not completed their design plans from which staff can continue working on the application. Mrs. Oglesby requested continuation. Council discussed the continued item believing it should not be continually postponed but rather brought back for discussion in the appropriate manner, by a letter from the applicant. In addition, materials submitted by the applicant should be included in Council's packet so that Council may review them before the meeting. M/S Henderson/Shoemaker granted Mrs. Oglesby's request, to continue the matter to June 15, noting it is the last continuation. Materials needed for discussion are to be submitted by the close of the agenda deadline so as to have it included in the Council's packet. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmember Myers. Mayor Henderson requested consideration of Item 10c noting the closeness to the Public Hearing time and the length of Item 10b. Council had no objections. 10c. Introduction of Ordinance Requiring Elevators in Senior Citizens Multi-Story Buildin~.s The City Manager noted the Ordinance before Council. Reg. Mtg. June 1, 1988 Page 2 134 M/S Hickey/Schneiter Ordinance No. 877 be introduced by title only. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmember Myers. The City Clerk introduced Ordinance No. 877 by title only. Councilmembe~ Hickey questioned the climate finding written by the City Attorney. The City Attorney explained the State requirements in listing findings; HUD does not evaluate the findings. Further explaining the handicap requirements that will have to be done to the apartments because of the elevator requirement. Mayor Henderson asked if private developers will have to comply with the ordinance. The City Attorney noted if there were 25 or more units for 62 years old or older persons, they would have to comply. M/S Hickey/Shoemaker introduced Ordinance No. 877, Adding Section 3035 to the Ukiah City Code to Require Elevators in Certain Multi-story Apartment Buildings Rented Exclusively to Senior Citizens. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Myers. Joan Pacini, 1240 North Pine, Walnut Village Manager, discussed senior's housing needs. PUBLIC HEARING 8a. ~p.peal of Planning Commission Conditions of Approval for Use Permit Application No. 88-78 and Variance Application No. 88-83 for establishment of offices at 206 North Pine Street - Pool The Community Development/Assistant Redevelopment Director explained the Planning Commission's decision and the applicants' appeal. The City Manager discussed the Planning Commission's action of requiring the applicant to secure off-site parking from the City. He believes the requirement should be amended so as not to specify from whom parking spaces should be required from. Council questioned the transition of use; i.e., reconstruction or remodeling. Councilmember Hickey asked about the requirements placed on the addition done at the Penner Insurance site. Staff could not respond. PUBLIC HEARING OPENED - 7:18 P.M. Judy Pruden, 304 South Hortense, talked about the restoration being done to the historical building. Owners will not receive any tax credits on the restoration project. Questioned the curb radius turn around and the handicap requirement. Councilmember Schneiter asked about the occupancy historically. Mrs. Pruden explained that from 1872 to 1935 it was a residence, 1935. to 1940 apartments, from then on a rest home or offices. Granville Pool, 206 North Pine, explained past uses of the home. In 1984, his family bought the home and he has lived in part of it and offices are established in the other part. Believes the 15-foot radius curb turn around is exorbitant. Council discussed the parking issue and the reconstruction vs. renovation issue. Reg. Mtg. June 1, 1988 Page 3 135 PUBLIC HEARING CLOSED - 7:35 P.M. Council discussed the intent of the project rather than just addressing the remoding vs restoration. Radius curb returns and handicap ramps were also discussed. Councilmember Shoemaker made a motion to approve Variance Application No. 88-83 but amend Condition No. 5 to read, with the proximity of the City parking lot and the available spaces there, the actual requirement of six off-street spaces is met. The Community Development/Assistant Redevelopment Director noted the requirement of 6 spaces is conditioned on 3 spaces being required and secured from the City parking lot. Councilmember Shoemaker withdrew his motion. M/S Schneiter/Shoemaker approved Variance Application No. 88-83, with the following findings: 1. The very close proximity of the City parking lot creates a unique circumstance for the property. 2. Part of this building has for years been utilized for office use so a parking variance of three spaces should not be a great impact to the existing City facility. 3. Similar variances have been granted to other properties in the neighborhood. 4. Approval of the variance will not be detrimental to the health, safety, or welfare of persons residing or working in the area. Noting omission of Condition No. 5 set by the Planning Commission. Councilmember Schneiter commented that the rational of the findings helps to define the project as a remodeling or a restoration rather than a reconstruction. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Schneiter, and Mayor Henderson. NOES: None. ABSENT: CouncilmemberMyers. Councilmember Schneiter discussed Standley Street remaining as a one-way street, and amending the Planning Commission's Condition No. 7 of the Use Permit. M/S Shoemaker/Schneiter approved Use Permit Application No. 88-78, with the following conditions: 1. Standard conditions 1 - 9. 2. An encroachment permit from the Public Works Department is required to perform all work within the street right-of-way. 3. Ail work within the City right-of-way shall be performed by a properly licensed and insured contractor with a current City of Ukiah Business License. Contractor must submit a copy of current Workman's Compensation Certificate. 4. All curb, gutter, sidewalk, and street paving which are broken or damaged are to be removed and replaced as required by the City Engineer. 5. Street improvements including curb, gutter, sidewalk, street paving, street trees, and drainage systems shall be constructed to the approval of the City Engineer. 6. Ail on-site paving shall be a minimum of 2" of asphalt concrete over a 6" aggregate base, or suitable surface to the approval of the Director of Public Works. 7. An adequate curb return to accommodate a handicap ramp that meets Federal and State requirements shall be constructed at the intersection of Pine and Standley Street. 8. Dedication of adequate right-of-way to encompass the handicap ramp be made to approval of City Engineer. 9. Any outdoor trash collection facilities be aesthetically screened from view. Reg. Mtg. June 1, 1988 Page 4 136 10. Ail landscaping be irrigated by an automated irrigation system and maintained in a neat, weed free manner. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Myers. Recess: 8:03 p.m. Reconvened: 8:10 p.m. Unfinished Business 10b. Introduction of Ordinance Regarding Skateboards in Downtown Arem The City Manager explained the reason for the proposed Ordinance. The vehicle code sections that address bicycles and skateboards were talked about by the City Attorney. Jason Gardner, 2901Briggs Lane, and Aaron Fimbres, 1200 Boonville Road, ran a skateboard video for Council and the audience. Nick Jones, 842 Valley View Driver, talked about skateboarding as a mode of transportation. Curt Allen, 570 Blue Oak, addressed issues he hopes will be added to the ordinance; 1) ordinance apply only during business hours, 2) access route be provided through the restricted area, and 3) any fines imposed be put into a special fund to benefit the skateboarders. Bryan Sawyer, 1000 W. Perkins, talked about skateboarders history and rights. Issac Kenyon, 1920 South Dora, talked about why skateboarding makes him fell better. Pat Wilson, 618 South Oak, talked about public maintained skateboard parks in Santa Cruz and Benicia. LaDonna Kenyon, 1920 South Dora, noted need for son to have skateboarding as an outlet from chores and homework. Irma Vienola, 1500 Henderson Lane, talked about skateboarding as a good sport. Idell Wipf, 520 W. Mill, property owner downtown believes skateboarding is inappropriate in the retail area. Matt Leanardo, 777 Canyon Court, believes skateboarding is not a detriment to the downtown but rather people shop in the outlying areas for other reasons. Jim Manaley, 9475 Lane Drive, has been a skateboarder for years. Josh Rosenberg, 514 W. Henry, rides a mountain bike and doesn't believe skateboarders should be banned from an area he is allowed to ride in. Shawn Othermal, 16 Betty Street, believes if skateboarding is banned kids will start causing other problems. Ken Paul, 380 North Dora, skateboarding is a skilled sport. Gayle Brown, 140 Thompson Street, delivered signed petitions asking that a resolution be passed noting skateboarding as a mode of transportation and establish a skateboard park. Councilmember Shoemaker noted the well organized presentation, believes the proposed ordinance is a reaction to the skateboard abuse in the downtown area, supports a skateboard park if it can be established through a community effort, believes other boundaries should be looked at, corridor through downtown and limiting hours are some fine thoughts. Councilmember Schneiter noted the cause that precipitated the ordinance. Offered one month of City Council salary to skateboard park. Reg. Mtg. June 1, 1988 Page 5 137 Councilmember Hickey recalled some close-calls with pedestrians and skateboarders. Mayor Henderson commented that the issue has been forced upon the Council because of the misuse of skateboarding. The proposed ordinance is trying to maintain pedestrian's right-of-way. Suggested the skateboarders investigate the City of Petaluma's Boy Scouts solution to finding skateboard insurance. Mayor Henderson proposed three from the skateboard group, two Councilmembers, and two or three representatives of the Merchants meet and work on the proposed ordinance. Councilmembers Shoemaker and Schneiter volunteered to represent the Council. M/S Schneiter/Shoemaker approved the Mayor's proposal. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmember Myers. Councilmember Shoemaker asked for self-monitoring of the skateboarding in the downtown area. Recess: 9:00 p.m. to Redevelopment Reconvened: 9:17 p.m. 10d. Introduction of Ordinance Abolishing Billiard and Pool Parlors Ordinance The City ~Manager noted the proposed ordinance is in proper form for introduction. M/S Hickey/Schnetter Ordinance No. 878 be introduced by title only. The motion was carried by a unanimous voice vote. NOES: None. ABSENT: Councilmember Myers. Leonard Percelli, owner of Munchies, talked about the clean-up done at his business. He questioned whether Council will be slipping in another ordinance banning the same subject matter. Council noted nothing is being proposed. M/S Hickey/Schneiter introduced Ordinance No. 878, Repealing Chapter 3 of Division 2 of the Ukiah City Code, Entitled Pool and Billiard Parlors. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Myers. 10e. Adoption of Resolution authorizing Mayor and Clerk to Sign Agreement with Sun House Guild The City Manager noted the City Attorney's memo addressing the concern raised at the previous Council meeting. M/S Hickey/Schneiter adopted Resolution No. 88-44, Authorizing Mayor and Clerk to Sign Agreement with Sun House Guild. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Myers New Business lla. Matter of Lease - Property North of Corporation Yard The City Manager reviewed the Lease. M/S Hickey/Schneiter granted Mr. Cagle's request to extinguish the Lease between James Cagle and the City of Ukiah regarding 3.5 acres north of the City's Corporation Yard and authorized execution of Lease with Messrs. Kennedy/Smith and Ukiah Wholesale Lumber for the 3.5 acres north of the City Corporation Yard. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Myers. Reg. Mtg. June 1, 1988 Page 6 138 lib. Recommendation for Refund to City Electric Customers The City Manager explained that during January 1981 through September 1983, P.G.&E. overcharged its wholesale customers. Thus, the City of Ukiah has received a refund check of $141,151.78. Council's options to do with the refund as they saw fit were discussed. M/S Hickey/Shoemaker discount the metered residential/commercial and municipal customers account in the amount of 20% of their June billings. Mayor Henderson suggested it be noted on the bills that it is a refund for the month of June only. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Myers llc. Adoption of Resolution Authorizing Joint Powers Agreement between City/District/County of Mendocino-Carousel Industrial Park The City Attorney pointed out the slight modifications he has proposed. Page 5, third line change i__~s to if said, Page 2, Item II, the phrase after the semi-colan was added, Page 3, third paragraph was modified and Page 4, Item 6, noted separate liability was addressed. M/S Hickey/Schneiter adopted Resolution No. 88-45, Designating an Authorized Representative to Sign the Joint Power Agreement as required for Carousel Industrial Park - Wastewater Improvements Project. Mayor Henderson wanted to address some rumors that have been heard, that being, that the City has stalled the said project; she noted the City's involvement and at times taking the lead to move the project along. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Myers. lld. Set Hearing Dates for 1988/89 - 1989/90 Budget Council set June 20, 21, and 22 for budget review. The time is for 8:30 a.m. to 5:00 p.m. with no lunch planned on June 21 due to the Sun House installation. The Sanitation District, Chamber of Commerce, and the Sun House will be scheduled for June 22 in the morning. Staff was directed to notify the Council candidates and City Clerk candidates of the times. lle. Rejection of Bid - Water Main Improvements Councilmember Schneiter expressed concern that by rejecting all bids the apparent low bidder would not be so again. He believes the rejection process questions the credibility of the bidding process. The City Manager explained the bids are over the engineer's estimate. The project needs to be redesigned so as to allow the City flexibility in the awarding of the same. Council discussed the summer construction time, cost for maintenance and repairs of the water mains while formulating the project again, and available funds to award the project to the apparent low bidder now. M/S Schneiter/Hickey awarded the bid for Construction of Water Main Improvements on Alice Avenue, Barnes Street, Stephenson Street, and Spring Street to Lee Howard Construction Co., in the amount of $68,833.00. The motion failed by the following roll call vote: AYES Councilmembers Hickey and Schneiter. NOES: Councilmember Shoemaker and Mayor Henderson. ABSENT: Councilmember Myers. M/S Henderson/Hickey rejected all bids received for the Construction of Water Main Improvements on Alice Avenue, Barnes Street, Pine Street, Stephenson Reg. Mtg. June 1, 1988 Page 7 139 Street, and Spring Street and directed Staff to redesign and readvertise said project. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, and Mayor Henderson. NOES: Councilmember Schneiter. ABSENT: Councilmember Myers. Comments From Audience None. City Council Reports Councilmember Shoemaker Commented on Board of Supervisors May 17 minutes regarding reregulating Cable T.V. Requested Staff provide available information on the subject. Noted Sun House installation of officers on June 21. Requested a copy of the County's Legislative Program. Councilmember Hickey Commented on the parade on Monday and the display of flags done by VFW and the American Legion. Councilmember Schneiter Noted missing MCOG meeting in Fort Bragg this evening because of Council meeting. Commented on the fine presentation done by Staff on the development process. Mayor Henderson Commented on the meeting with Butcher/Redding, REMIF conference, and noted MDC Board has adopted a five-point program. Adjournment Council discussed the transition for the new Council. There being no further business, the meeting was adjourned at 10:20 p.m. to June 14, 1988 at 4:30 p.m., for the swearing in ceremony. Ref:CCMIN3 Yvette S. Hayes, City Clerk Reg. Mtg. June 1, 1988 Page 8