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HomeMy WebLinkAboutMin 10-21-87MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - OCTOBER 21, 1987 The City Council convened in a regular session at 6:30 p.m., in the Public Meeting Room at the Grace Hudson Museum. Roll was taken and the following Councilmembers were present: Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. Staff present: City Manager Payne, City Attorney Rapport, Public Works Director Pedroncelli, Community Development Director Harris, Personnel Director Horsley, 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 M/S Shoemaker/Schneiter approved the City Council Minutes of the Regular Meeting of September 16, 1987, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. Councilmember Shoemaker noted a correction to the City Council Minutes of the Regular Adjourned Meeting of September 29, 1987. On Page 3, top paragraph should read: Councilmember Shoemaker expressed concern with awarding the merit compensation at this time. He believes it is more appropriate to address compensations in the City's regular merit pay program. Mayor Henderson noted some additional corrections. Page 1, under Unfinished Business, Item 2a., fourth paragraph, should read: The City Manager explained that because of a written request to discuss development criteria, this meeting was being held. Page 2, under Item 2b, fifth paragraph, change the spelling of die to dye. Page 4, under Mayor Henderson's comments, change the spelling of meet to met. M/S Schneiter/Kier approved the City Council Minutes of the Regular Adjourned Meeting of September 29, 1987, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. SPECIAL ORDER OF BUSINESS i. Discussion with Architect, Victor Lopes - Civic Center Mr. Lopes reported on the Substantial Notice of Completion for the Civic Center. ii. Presentation From Barbara Eversole Barbara Eversole presented a duly recorded history of the grand opening celebration of the Civic Center. 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 7d. Reject Bids - Traffic Signals County Courthouse - State, Perkins, and Standley. It then became New Business, Item lOg. Councilmember Schneiter pulled Item 7c. Award of Bid - Striping of City Streets. It then became New Business, Item lOh. M/S Schneiter/Kier approved the Consent Calendar Items 7a, 7b, 7e, 7f, 7g, and 7h, as follows: Reg. Mtg. October 21, 1987 Page I 7a. i. Approved the Payroll Warrants of October 7, 1987, #15651 to #15799 in the amount of $104,336.90. ' Approved the General Warrants of October 7, 1987, #35783 to #35878 in the amount of $789,669.20. ' ii. Approved the Payroll Warrants of October 21, 1987, #15800 to #15946 in the amount of $100,827.58. ' Approved the General Warrants of October 21, 1987, #35898 to #36030, in the amount of $1,255,010.81. 7b. Denied the following Claims for Damages and Referred the Matter to the Insurance Carrier: i. Joey Thompson ii. Donn D. Saulsbury 7e. Adopted Resolution No. 88-19, Abandoning Public Utilities Easement (Alley bounded by Clara, Ford, Myron, and Sidnie Streets). 7f. Accepted the Notice of Substantial Completion - Civic Center Reconstruction and directed the City Clerk to file the same. 7g. Adopted Ordinance No. 869, Adding a New Article 2 (Sections 5420 - 5429 Inclusive) to Chapter 5, Division 6, of the Ukiah Municipal Code Providing for the Planting, Maintenance, and Removal of Trees on Public Property. 7h. Approved the Report of Administrative Actions and Proposals (R.A.A.P.). The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. UNFINISHED BUSINESS 9a. Matter of Mendocino Council of Governments (MCOG) - Expanded Role of MCOG The City Manager explained that a letter had been sent to MCOG noting Council's interest in the matter, but noted their representatives would be out of town during the time the subject was agendized. The City Manager noted the minutes from the subsequent meeting on the matter. He also explained the Solid Waste Management Board. Councilmember Kier noted there has been no discussion on changing MCOG's powers but if such occurred the Joint Powers Act (JPA) would have to be ratified. He also explained that some MCOG members feel frustrated with the progress of some County issues and believe MCOG is a good forum to air such. Discussion ensued regarding MCOG staffing being independent of the County. The City Manager explained the current situation with the County on the representation the Tanner Bill dictates. Council concurred to continue said matter to the next City Council Meeting of November 4, i987. PUBLIC HEARING 8a. General Plan Amendment 1987-B - Land Use Designation Change - Orchard Avenue Southeast The Community Development Director reported on the General Plan Amendment 1987-B noting the initial public hearing was held September 16, 1987. Public Hearing was noted opened and continued from the City Council Meeting of September 16, 1987, at 7:05 p.m. No one wished to speak on the issue. PUBLIC HEARING CLOSED - 7:06 p.m. M/S Hickey/Schneiter adopted the Negative Declaration of Environmental Impact on General Plan Amendment 1987-B - Modification to General Plan Land Use Map - Orchard Avenue Southeast as adequate and complete. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. Reg. Mtg. October 21, 1987 Page-2 47 M/S Hickey/Schneiter adopted Resolution No. 88-20, Adopting General Plan Amendment 1987-B. The motion was carried by the following roll call vote: AYES: Councilmembers Schnetter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. 8b. A~peal of Plannin~ Commission Denial of Variance Application No. 88-11 - Richard M. Darby The Community Development Director explained the Planning Commission's action of denying Variance Application No. 88-11, to reduce the number of required on-site parking spaces from 12 to 10 for a proposed 60-child day care center. PUBLIC HEARING OPENED - 7:13 p.m. Richard M. Darby, applicant, 280 KUKI Lane, presented plans that reflect the design. He explained the usual drop-off and pick-up hours noting parking has never been a problem before. He believes the parking requirement is exorbitant for a day care facility. Bob Mendenza, 1660 James, talked in favor of the day care facility. Yvonne Pintaine talked in favor of the day care facility. Holly Rodgers, 3000 Guidiville Road, supports the day care facility. Terry Wakeman, 20175 Mountain View Road, Boonville, supports the day care facility. David Bengston, 809 North Bush Street, believes parking has never been a problem at the current location nor will be at the new site. He also questioned Child Development Center's variance. Tom Klien, 756-A E1 Rio Street, believes due to varied work schedules for parents, he has never experienced a parking problem at the present day care site. Marilyn Atkinson, 180 Gardens Avenue, never had a problem with finding parking when dropping off or picking children up. PUBLIC HEARING CLOSED - 7:25 P.M. Councilmember Schneiter questioned if six spaces could be provided and approved for with the first phase of building and during the second phase of building, the additional parking could be addressed. The Community Development Director responded that it would be for the applicant to decide if he wished to do such phasing. Council discussed the fact that it is the ordinance that dictates the requirement and that it is more appropriate for the Planning Commission to review the portion of the Code that addresses day care facility parking requirements and, if needed, make recommendation for changes. M/S Schneiter/Kier uphold the Planning Commission's denial of Variance Application No. 88-11. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. M/S Schneiter/Kier directed Staff to review and possibly rewrite the ordinance that addresses the parking requirement for day care facilities. The motion was carried by a unanimous voice vote. NOES: None. RECESS: 7:43 P.M. RECONVENED: 7:49 P.M. Reg. Mtg. October 21, 1987 Page 3 UNFINISHED BUSINESS 9b. Matter of North Bush Street Annexation The City Manager noted LAFCO's action on the City's North Bush Street property. He believes Council could take one of two actions: 1) accept LAFCO's decision and take action on the annexation later, or 2) request reconsideration. He noted wanting to review the matter further. There was discussion regarding Millview Water District's perceived harm if annexations occur and Millview expanding the areas of service while detachments are not approved by LAFCO. M/S Kier/Shoemaker received and filed the report. The motion was carried by a unanimous voice vote. NOES: None. 9c. Letter from Millview County Water District Re~ardtn~ Annexations The City Manager commented on Millview Water District's letter. Council discussed the issue further. M/S Schneiter/Shoemaker received and filed the letter. The motion was carried by a unanimous voice vote. NOES: None. Recess to Redevelopment - 8:05 p.m. RECONVENED: 8:10 P.M. NEW BUSINESS 10a. Introduction of Ordinance - Smoking in Civic Center The City Manager reported on the proposed ordinance. M/S Schneiter/Hickey Ordinance No. 870 be introduced by title only. The motion was carried by a unanimous voice vote. NOES: None. The City Clerk introduced Ordinance No. 870 by title only. M/S Hickey/Schneiter introduced Ordinance No. 870, Amending Division 5, Chapter 6, Article 2 of the Municipal Code Pertaining to the Prohibition of Smoking in City-Owned Facilities. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. 10b. Adoption of Resolution Chan~in~ Location of City Council Meetings to the Civic Center Council Chambers M/S Kier/Henderson adopted Resolution No. 88-21, Establishing Meeting Place for Regular City Council Meetings. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. 10c. Approve Update of Facilities Report - Civic Center The City Manager reported on the Civic Center as an addition to the Facilities Report. Discussion ensued. M/S Kier/Shoemaker approved the rental schedule and rules for the Council Chambers at the Civic Center. The motion was carried by the following roll call vote: AYES: Councilmembers Schnetter, Shoemaker, Hickey, and Kier. NOES: Mayor Henderson. 10d. Adoption of Resolution Authorizing Annexation Application, KUKI Road Reorganization The City Manager reported on the application to annex. He also discussed, upon Mayor Henderson's request, the City's annexation plan that Supervisor Reg. Mtg. October 21, 1987 Page 4 deVall believes the City doesn't have. The Community Development Director and the City Attorney requested an amendment to the proposed resolution. M/S Kier/Hickey adopted Resolution No. 88-22, as amended, Making Application to the Mendocino County Local Agency Formation Commission for the KUKI Road Reorganization. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. 10e. ~pproval of Agreement Retaining the Greater Ukiah Chamber of Commerce for Promotional and Advertising Activities for 1987-88 The City Manager discussed the budgeted amount for the Chamber. Councilmember Shoemaker believes the Chamber's annexation promotion for the City is excellent. A1 Norris discussed the issue further. M/S Kier/Shoemaker authorized the Mayor to execute an agreement retaining the Greater Ukiah Chamber of Commerce to promote and advertise City of Ukiah 1987-88 activities in the amount of $14,600. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. 10f. Matter of Proposed Lease Agreement for City Property - Old Fire House The City Manager discussed the proposed lease. Roy Smith, 214 Smith Street, explained UVAH interest to lease the Old Fire House. Council discussed the proposal. M/S Kier/Hickey approved the concept of the lease agreement for the Old Fire Station. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson NOES: None. ' 10g. Reject Bids - Traffic Signals County Courthouse - State, Perkins, and Standley Councilmember Shoemaker asked for an explanation on the rejection of bids. The Public Works Director reported the project will be done with gas tax monies and the bids received are over the budgeted amount. Councilmember Shoemaker expressed concern with the time that it takes to bid such a project and that the bids are open for public review. J. P. Lohr, 216 West Perkins Street, noted the time and money spent on submitting a bid. He suggested the City negotiate with the lowest bidder on options in eliminating areas of the project to bring the project costs down. Council discussed the matter and directed the City Attorney research the legal issue of what has to be disclosed once the bids are opened and what has to be included in a bid so as to be evaluated. M/S Kier/Hickey rejected all bids received and opened for the Traffic Signal Modifications and Street Improvements on State Street at Perkins and Standley Streets. Directed staff to re-evaluate the plans, specifications, scope of work and make and any necessary modifications prior to readvertising. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. Reg. Mtg. October 21, 1987 Page 5 5O 10h. Award of Bid - Striping of City Streetm Councilmember Schneiter asked if the striping related to the overlay projects. He further noted the painting of the crosswalks had been done. The Public Works Director explained the City does not have a striping machine for the center striping of the streets. M/S Schneiter/Hickey awarded the bid for traffic striping to Price Striping Service in the amount of $9,648.21. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. COMMENTS FROM AUDIENCE None. CITY COUNCIL REPORTS Councilmember Schneiter Noted an MTA Meeting on October 28 in Covelo. Councilmember Shoemaker Noted his recent attendance at a CALED Conference and reported on the same. Councilmember Hickey ComMented on the City Manager's refinancing expertise. Noted meeting with the Fire Protection District Committee and reported on the same. Councilmember Kier None. Mayor Henderson Noted luncheon on October 23, 1987, and invited Council to attend. Noted a Sanitation District meeting and reported on the same. Reported that the Time Capsule will be placed and covered on October 22, 1987, at 9:30 a.m. Directed an agenda matter for November 4, 1987: Consideration of November and December Meetings. Noted attendance at a REMIF Meeting the previous week. CLOSED SESSION The City Attorney recommended Council go into Closed Session under the exception to the Brown Act, Section 54956.9, Subsection A, to discuss Pending Litigation, Southern Pacific vs. Board of Equalization, et al., San Francisco Superior Court Case No. 877359 and Underground Construction Company vs. City of Ukiah, et al., Mendocino County Superior Court Case No. 50850. M/S Schneiter/Hickey to go into Closed Session to discuss the following: Pending Litigation: Southern Pacific vs. Board of Equalization, et al., San Francisco Superior Court Case No. 877359. Underground Construction Company vs. City of Ukiah et al., Mendocino County Superior Court Case No. 50850. The motion was carried by the following roll call vote: AYES: Councilmembers Reg. Mtg. October 21, 1987 Page 6 51 Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. Council went into Closed Session at 9:25 p.m. Council reconvened at 10:23 p.m. M/S Kier/Schneiter authorized the City Attorney to file a stipulation in the Southern Pacific vs. Board of Equalization, et al., San Francisco Superior Court Case No. 877359 and to be bound by any judgment rendered against the County of Mendocino. The motion was carried by a unanimous voice vote. NOES: None. ADJOURNMENT There being no further business, the meeting was adjourned at 10:25 p.m. Yvette S. Hayes City Clerk Reg. Mtg. October 21, 1987 Page 7