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HomeMy WebLinkAboutMin 03-02-88MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - MARCH 2, 1988 The City Council convened in a regular session at 6:35 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, Myers, Hickey, Schneiter, and Mayor Henderson. Staff present: City Manager Payne, City Attorney Rapport, Community Development Director Harris, Finance Director Vara, Electric Utilities Director Roper, Deputy Director of Public Works Goforth, Assistant Director of Public Works Beard, and City Clerk Hayes. INVOCATION/PLEDGE OF ALLEGIANCE Mayor Henderson delivered the Invocation and Councilmember Schneiter led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES Mayor Henderson made a correction to the City Council Minutes of the Regular Meeting of February 17, 1988, as follows: Page 1, last paragraph, last line, change begin to began. M/S Hickey/Shoemaker approved the City Council Minutes of the Regular Meeting of February 17, 1988, as amended. The motion was carried by the following roll call vote. AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR Councilmember Shoemaker pulled Item 6c - Award of Bid - Polemount Transformers and Item 6h - Report of Administrative Actions (R.A.A.P.) from the Consent Calendar. They then became New Business Items 10c and 10d respectively. M/S Shoemaker/Schneiter approved the Consent Calendar Items 6a, 6b, 6d, 6e, 6f, and 6g, as follows: 6a. Approved the Payroll Warrants of March 2, 1988, #22701 to #22846, in the amount of $97,789.70. 6b. Approved the General Warrants of March 2, 1988, #33070 to #37175, in the amount of $610,440.04. 6d. Awarded the bid for a 4-way vacuum switch to Maydwell and Hartzell, Inc., the amount of $6,338.80. 6e. Rejected all bids received for Underground Cable. 6f. Accepted the City of Ukiah Audit Report for the year ended June 30, 1987, as presented by Davis Hammon and Company. 6g. Adopted Resolution No. 88-32, Supporting the 1988 Ukiah Air Show. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. The City Manager requested Council add an item to the agenda: property. Jim Nix M/S Shoemaker/Schneiter added the Jim Nix Property item to the agenda. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. It then became New Business, Item 10e. Reg. Mtg. March 2, 1988 Page 1 PETITIONS AND COMMUNICATIONS 8a. Resignation of Eloise Grothe from the Traffic Engineering Committee The City Manager noted Eloise Grothe's resignation. Council accepted the resignation and concurred that the vacancy should be advertized. It was noted to send a Certificate of Appreciation. UNFINISHED BUSINESS 9a. Letter from Myrna Oglesby regarding Porzio Lane Development The City Manager noted the recent letter from Myrna Oglesby requesting no action at this time. Council concurred to table the matter. 9b. Summary Report Lake Pillsbury Hydro-Electric Project Economic Analysis of Project Feasibility The City Manager noted the report from Resource Management International, Inc. (RMI) regarding the current feasibility of a hydro-electric project at Lake Pillsbury. M/S Hickey/Myers accepted the report from RMI and authorized staff to notify FERC of the City's decision not to pursue a hydro-electric project at Lake Pillsbury at this time. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. 9c. Authorize City Manager to Negotiate Contract for Streetscape and Design Standards Study The Community Development Director reported on the RFP's received for Streetscape and Development Design Standards. The City Manager explained that the City is looking to develop consistent standards for the private sector. Councilmember Hickey asked if Council will have an opportunity soon to talk to the consultants. He thought the Council should have been part of the interview process. Mayor Henderson agreed. The Community Development Director reminded Council that the RFP they authorized noted staff would do the interviewing. Councilmember Shoemaker questioned the proposals and the end product to be produced. The Community Development Director noted how the study will tie in with redevelopment but that it will expand beyond those areas. The proposed study will be an implementation plan. Discussion ensued. M/S Shoemaker/Schneiter authorized the City Manager to negotiate a contract with EDAW, Inc; a presentation by EDAW, Inc., before the execution of the contract. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. Reg. Mtg. March 2, 1988 Page 2 Public Hearing 7a. Appeal of Plannin~ Commission denial of Use Permit App. No. 88-35, Elizabeth Ashiku, 702 So. Dora St. The Community Development Director explained that Use Permit No. 88-35 is to modify the applicants 1981 Use Permit. The 1981 Use Permit provided for two new parking spaces, such has never been complied with. The Planning Commission denied the new application. Councilmember Shoemaker questioned the number of spaces, encroachment of such into the public right-of-way and if the business can continue in the present situation. Councilmember Hickey questioned the number of doctors working at the site and asked if many complaints have been received regarding the street parking situation. Mayor Henderson asked if the number of doctors working at the site have an effect on required parking spaces. The Community Development Director responded the permit is based on square footage. Public Hearing Opened - 7:13 p.m. Jared Carter, Attorney for the applicant, presented material to Council for their review. He believes the 1981 Use Permit doesn't specifically note the required parking spaces. He discussed the neighbors perceived street parking problem, vested right of the 1981 Use Permit parking spaces, and how when the garage in the back of the property was closed in, a parking space was lost. Kevin Orr, Office Manager at Dr. Ashiku's office, explained how they proposed to solve their problem, noting the south west corner of the parcel would provide one space of parking and the garage would be utilized again. He believes it is an unreasonable request to remove the garage. He further noted the nine foot public right-of-way is used by many businesses in the area for parking. Earl Fullerton, neighbor to the Ashiku business, talked about the original hearing in 1981. Since then the garage has been closed in, a lab has been added, and three more doctors practice on the site. He believes all is in excess of what the parcel can handle. Dr. Robert Werra, 721 South Dora Street, believes the present parking situation is easily handled by the area. Maxine Fullerton, Mill Street, noted the Ashiku's employees are parking all day around her home, enough parking isn't provided for on site. Some of the situation has been remedied by their complaints but doesn't know how lon§ it will continue. Public Hearing Closed - 7:32 p.m. Discussion ensued regarding a variance of parking could be applied for by leasing parking spaces. It was noted leased parking is available at the Civic Center. Councilmember Shoemaker believes signed parking spaces should be provided designating employee parking. Discussion ensued. M/S Schneiter/Hickey referred the matter to the Planning Commission with a newly developed parking plan. Discussion ensued. Reg. Mtg. March 2, 1988 Page 3 Councilmember Schneiter withdrew his motion with the consent of Councilmember Hickey. M/S Schnetter/Hickey upheld the Planning Commission's decision and referred the matter back to the Planning Commission with a newly developed parking plan. Councilmember Shoemaker reiterated his proposal to provide designated employee parking on site. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. RECESS: 8:02 P.M. to Redevelopment RECONVENED: 8:19 P.M. New Business 10a. Discussion of Cross Connection Control Ordinance The Deputy Director of Public Works explained that the proposed ordinance is Staff's efforts to satisfy a state requirement on the same. Councilmember Schneiter expressed concern that contractors be notified of the issue. M/S Shoemaker/Schneiter set March 16, 1988, at 7:00 p.m., as the Public Hearing for the Cross Connection Control Ordinance. The motion was carried by the following roll call vote. AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. 10b. Discussion of LAFCO Staff Report on Sphere of Influence - Henderson Mayor Henderson discussed the February 18, 1988 staff report from Dan Garvin, the assessed valuation of residential property being the main issue. The City Manager discussed the potential opportunity he believes is present; in that the County may be willing to help with negotiations on said issue. It was the general consensus of the Council to remain open to negotiations on the issue. 10c. Award of Bid - Polemount Transformers Councilmember Shoemaker asked if the tabulation could be computerized. The City Manager responded possibly someday. M/S Shoemaker/Schneiter awarded the bid for Polemount Transformers to Maydwell and Hartzell, Inc., for Item No. 1 in the amount of $439.90 and to Wesco for Items No. 2-5 in the amount of $19,149.96. The motion was carried by the following roll call vote; AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter and Mayor Henderson. NOES: None. 10d. Report of Administrative Actions and Proposals (R.A.A.P.) Councilmember Shoemaker wanted to discuss the letter of February 19, 1988 from Century Cable. He thought their fee structure would have to be reviewed by the local governing body. The City Manager responded and some discussion was had. M/S Shoemaker/Hickey approved the Report of Administrative Actions (R.A.A.P.). The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. 10e. James Nix Property The City Manager explained why he believes all efforts have been exhausted by Staff in regards to the absence of a use permit application from Mr. Nix. He Reg. Mtg. March 2, 1988 Page 4 97 noted no citation procedure exists on the books; thus he believes the matter should now be referred to the City Attorney. The Community Development Director talked about two engineering firms have reported that they will not be doing Mr. Nix's site work. The reported third engineering firm has not contacted the City. Council discussed the issue. M/S Schneiter/Hickey referred the matter to the City Attorney to take action as he deems necessary so that Mr. Nix will comply with the City's code requirements. The City Attorney explained the appropriate procedures. Councilmembers Myers stated he believes written notification to Mr. Nix expressing the need that he comply with code requirements should be sufficient. Councilmember Schneiter believes the referral to the City Attorney is the appropriate action. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Schneiter and Mayor Henderson. NOES: Councilmember Myers. COMMENTS FROM AUDIENCE None. CITY COUNCIL REPORTS Councilmember Shoemaker Noted he has acquJ, red several video's for the Chamber from other cities regarding economic development. Council set March 9, 1988 at noon for review of the video's. Councilmember Myers Noted how happy he is with the appointment to the MTA Board and discussed upcoming public hearings on MTA matters. Councilmember Hickey None. Councilmember Schneiter Noted a telemarketing firm visited his home with regards to water testing. Noted an upcoming MCOG meeting. ~ayor Henderson Noted MDC made committee assignments. CLOSED SESSION The City Attorney recommended that Council go into Closed Session under the Threatened Litigation exception to the Brown Act, Section 54956.9, Subsection B-1. M/S Schneiter/Hickey to go into Closed Session to discuss Threatened Litigation. The motion was carried by the following roll call vote: AYES: Reg. Mtg. March 2, 1988 Page 5 98 Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. The City Attorney noted other issues to be discussed: under Section 54957, Personnel and Property Negotiations; the back nine-holes of the golf course/County of Mendocino. Council went into Closed Session at 9:17 p.m. Council reconvened at 12:05 a.m. ADJOURNMENT There being no further business, the meeting was adjourned at 12:05 a.m. to March 9, 1988 at noon. Yvette S. Hayes City Clerk Reg. Mtg. March 2, 1988 Page 6