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HomeMy WebLinkAboutMin 09-16-87MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - SEPTEMBER 16, 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, Commun~.ty Development Director Harris, Electric Director Roper, Personnel Director Horsley, City Manager's Secretary Stamelos, and City Clerk Hayes. INVOCATION/PLEDGE OF ALLEGIANCE The Community Development Director delivered the Invocation and Councilmember Hickey led the Pledge of Allegiance. PROCLAMATION - NORTHERN CALIFORNIA SYMPOSIUM CONFERENCE OF HISTORICAL SOCIETIES - SEPTEMBER 25, 26, and 27, 1987 Mayor Henderson read the Proclamation declaring September 25, 26, and 27, 1987, as Northern California's Symposium Conference of Historical Society Days and delivered the same to Lila Lee. APPROVAL/CORRECTION OF MINUTES Mayor Henderson requested a few corrections to the City Council Minutes of September 2, 1987. Page 2, under Comments From Audience, third paragraph, change Mayor to Mayor's. Under Unfinished Business, third paragraph change baring to bearing. Page 3, third paragraph from the bottom, change meetings to meeting and after concerns add: of District people. Page 4, top line after N__o, add: formal. Under Item lOd and 10e, second paragraph, second line should read: cover most of the cost . . . M/S Hickey/Schneiter approved the City Council Minutes of the Regular Meeting of September 2, 1987, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. M/S Kier/Hickey approved the City Council Minutes of the Adjourned Regular Meeting of September 3, 1987, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. ABSTAIN: Councilmember Schneiter. RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR Councilmember Hickey noted a spelling correction to Consent Calendar Item 7e. Change Booneville to Bonneville. M/S Kier/Schneiter approved the Consent Calendar Items 7a, 7b, 7c, 7d, 7e, 7f, and 7g, as follows: 7a. Approved the Payroll Warrants of September 16, 1987, #15491 to #15650, in the amount of $98,106.07. 7b. Approved the General Warrants of September 16, 1987, #35603 to #35760, in the amount of $346,264.49. 7c. Authorized the Community Development Commission to request the State approve expanding the Empire Gardens Rehabilitation Target Area city-wide. 7d. Received and filed the status report on Building Permits. 7e. Authorized the City Manager to execute Resolution No. 87-23, Power Purchase for 1988 and 1989, Option 4, Northern California Power Agency and Bonneville Power Administration. Reg. Mtg. September 16, 1987 Page 1 7f. Awarded the Bid for the annual contract of Chlorine Gas and Sulfur Dioxide to Ail Pure Chemical Company per their written bid unit prices. 7g. 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. PETITIONS AND COMMUNICATIONS 9a. Letter From Sun House Board of Trustees Commenting on City Council Budget Hearings The City Manager noted the letter received and before Council. He explained that Dr. Gustafson and Suzanne Abel-Vidor were present at the Budget Hearings held in June. Marge Boynton, 711 Willow Avenue, explained her letter was in error. But in fact, the Board of Trustees were concerned that the Governance Committee had not attended the meeting regarding the renewal of the Contractor's contract. Discussion then proceeded to how the plans were coming on completing the kitchen at the Grace Hudson Museum. Dottie Neil, 1951 Wildwood Road, discussed the upcoming Black and White Ball and the events surrounding it. It was the consensus of Council to receive and file the letter. 9b. Report from Civic Center Dedication Committee Rose-Marie Yull, 1480 Deerwood Drive, gave Councilmembers and the City Manager a T-shirt and a button, noting the dedication day and presented the final schedule of events. UNFINISHED BUSINESS 10a. Discussion of PLUS-5 Program - Shoemaker Councilmember Shoemaker expressed concern with Council not yet designating the Community Based Organizations who will benefit from the PLUS-5 Program. He believes that it could be difficult to promote a program that one may not see a return. He further believes it is important to the success of the PLUS-5 Program to designate the recipients and to what degree now with review done yearly. Council noted guidelines needed to be established so as to be fair in the disbursement of the funds and a Public Hearing of kind held. The City Manager believes the PLUS-5 Program should have time to become established, that the funds should not be pre-allocated, and that the groups who received revenue sharing funds in the past year trust Council to note their needs were what prompted the concept of the PLUS-5 Program. A motion was made by Councilmember Shoemaker, that a Public Hearing be held within the next two regular City Council meetings to establish the length of time of the program and the recipients of the same. The motion died for a lack of a second. Mayor Henderson noted wanting to wait three months to see how the program gets established. Council discussed the need to establish the recipients and the percentage they will receive when the program gets established. Councilmember Shoemaker stated wanting to collect data to substantiate the fact that there is truly a need to help disadvantaged utility customers. Discussion ended at 7:32 p.m. Reg. Mtg. September 16, 1987 Page 2 PUBLIC HEARING 8A. General Plan Amendment 1987-B - Land Use Designation Change - Orchard Avenue Southeast The Community Development Director explained the land use change request is from Medium High to High Density Residential of approximately 6.3 acres of Orchard Avenue Southeast. He noted the access to Gobbi Street will still be the extension of Orchard Avenue southerly. Councilmember Hickey asked if the wetness of the land in the area will be mitigated. The Community Development Director explained that it would be addressed during the planned development stages of the project. PUBLIC HEARING OPENED - 7:36 P.M. Bob Harris, 5926 Heights Road, Santa Rosa, explained the cost per unit can be brought down if more units were allowed for the area. He believes they build quality units at an affordable price. The Mayor noted at 7:40 p.m., the Public Hearing would remain open and continued to the next regular City Council Meeting. 8b. Appeal of Planning Commission Denial of Use Permit Application No. 88-7 - 635 S. State Street - Robert Sandelin and Thomas Parducci Councilmember Hickey noted his relationship to one of the applicants. The City Attorney has advised him that he has no legal conflict with the issue. But he noted, he will not participate in the discussion or vote on the issue. The Community Development Director explained the Use Permit Application to establish an auto repair shop at 635 South State Street and noted the reasons the Planning Commission denied the application. The Director noted a need for more landscaping to the design submitted. Council asked about the C-1 zoning and parking requirements for the area. PUBLIC HEARING OPENED - 7:46 P.M. Tom Johnson, 210 Thompson Street, noted representing the property owners and the real estate broker who handles the leasing of the property. Displayed a rendering of the property design proposed. He believes the rendering shows upgrading to be done; painting, landscaping, and striping. He discussed auto repair shops already present on and around State Street and believes if Council has a policy not to allow the kind on State Street they should note SO. Bob Sandelin, 318 Jones Street, explained the upgrading to be done to the site. Bret Wells, 410 Luce Avenue, noted he will be the one to operate the business at said site. He believes he has addressed the Planning Commission's concerns by the new landscaping design as shown in the rendering. PUBLIC HEARING CLOSED - 8:04 P.M. The Community Development Director explained the parking and landscaping requirements for Dorsey's Auto Shop. He noted the rendering presented had not been shown to the Planning Commission. Council discussed why they believe the project seems compatible to the area. Councilmember Shoemaker suggested that a vertical planter should be placed along the diagonal parking area adjacent to State Street. He further discussed a hedge be added to the site and that the irrigation system be automatic. Reg. Mtg. September 16, 1987 Page 3 37 Discussion ensued. M/S Kier/Schneiter granted Use Permit 88-7 subjected to the conditions of approval 1-11, as stated in the staff report, with an addition to Condition No. 4 that the irrigation system be automatic. The decision is based on the findings that: 1) the project is not incompatible with the surrounding businesses in the area; 2) there is adequate parking and traffic circulation on site so there is no anticipated adverse traffic impacts; and 3) it is not a substantial change in the existing use of the property. There was discussion regarding the rendering be submitted as as-built plans or used as a basis for a general concept of how the upgrading will be done. Council decided not to base the approval of the Use Permit on the rendering but rather on the general concept that upgrading of the area will be done. The motion was carried by the following roll call vote: AYES: Councilmembers Schnetter, Shoemaker, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. Councilmember Hickey resumed his position on the Council at 8:23 p.m. RECESS: 8:23 P.M. RECONVENED: 8:32 P.M. 8c. Appeal of Planning Commission Denial of Variance Application No. 88-6 501S. State Street - Bank of America The Community Development Director noted a correction to the agenda that states it is a Use Permit Variance. Rather, use permit should be omitted. The Director reported on the subject Variance noting the Planning Commission's decision to deny the application. The City Attorney discussed a principle of law called res judicata meaning thing already decided. He believes Council should conduct the application before them under such a proceeding. Mayor Henderson noted the Public Hearing would be regarding whether Variance Application No. 88-6 was a new application or rather the same application as before. PUBLIC HEARING OPENED - 8:43 P.M. Gordon Young, 298 Toyon Road, represented the Bank of America, discussed the 19-year old sign needs repairing. He expounded on the repairs that needed to be done; new plastic with new logo would be placed. Bob Sandelin, 318 Jones, stated he believes Bank of America is changing the text of the sign. The City Attorney reviewed pertinent sections of the Code relating to the sign ordinance. Councilmember Hickey asked if the sign would read the same. Mr. Young responded positively but noted the logo and colors would be different. PUBLIC HEARING CLOSED - 8:54 P.M. Council discussed the issue of whether the application was different or the same. M/S Hickey/Kier Variance Application 88-6 is a new application. The motion was declared lost by the following roll call vote: AYES: Councilmember Hickey. NOES: Councilmembers Schneiter, Shoemaker, Kier, and Mayor Henderson. RECESS: 8:58 P.M. to Redevelopment RECONVENED: 9:10 P.M. Reg. Mtg. September 16, 1987 Page 4 NEW BUSINESS lla. Adoption of Resolution Approving and Authorizing Execution of a Trust Agreement, a Lease Agreement, and an Agency Agreement, Appointing Bond Counsel and Authorizing and Directing Execution of a Purchase Agreement, Approving a Preliminary Official Statement, and Authorizing and Directing Certain Actions With Respect Thereto for the Financing of a Fire Truck and a Dozer/Tractor Through the Redwood Empire Financing Authority (REFA) The City Manager explained the proposed financing for a Fire Truck and a Dozer/Tractor. M/S Kier/Hickey adopted Resolution No. 88-16, approving and authorizing execution of a Trust Agreement, a Lease Agreement, and an Agency Agreement, appointing bond counsel and authorizing and directing execution of a Purchase Agreement, approving a Preliminary Official Statement, and authorizing and directing certain actions with respect thereto. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. llb. Introduction of Ordinance Providing for Street Trees in the City of Ukiah The City Manager discussed the proposed ordinance with Council. M/S Kier/Shoemaker Ordinance No. 869 be introduced by title only. The motion was carried by a unanimous voice vote. NOES: None. The City Clerk introduced Ordinance No. 869 by title only. M/S Kier/Shoemaker introduce 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. Councilmember Shoemaker discussed the City working towards becoming an American Tree City and applying for the same. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. llc. Authorize City Manager to Execute Agreement Regarding Legal Fees - Transcontinental Insurance Company and Columbia Casualty Company The City Manager requested Council discuss the matter in Closed Session. Council concurred to refer the matter to Closed Session. lld. Adoption of Resolution Authorizing City Manager to File .Application with Western Area Power Administration (WAPA) for Conservation and RenewablP Energy Cost Sharing Grant (Masonite) The City Manager explained the proposal from RMI noting the joint benefits for Masonite and the City. Henry Koner, Vice-President of RMI, explained the application noting the grant would not be approved until 1988. The detailed work scope would be prepared after the application is submitted. M/S Kier/Shoemaker adopted Resolution No. 88-17, Authorizing Application to Western Area Power Agency for C&RE Program Funds for Project Feasibility Assessment Masonite and the City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. lle. Matter of October 7, 1987, City Council Meeting The City Manager noted staff and Councilmembers' attendance at the League Conference from October 4 through October 7, 1987. Reg. Mtg. September 16, 1987 Page 5 Council discussed the upcoming move to the Civic Center would be during that period also. They noted urgent matters could be placed on the September 29, 1987 agenda. M/S Shoemaker/Hickey cancelled the October 7, 1987, City Council Meeting. Emergency matters to be placed on the September 29, 1987 City Council Meeting agenda. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. llf. Authorize Grant Application to the Economic Development Administration Sewer Line Extensions M/S Kier/Shoemaker continued the matter to the City Council Meeting of September 29, 1987. The motion was carried by a unanimous voice vote. NOES: None. COMMENTS FROM AUDIENCE Peter Page commented on the condition of the Todd Grove Park playground equipment. CITY COUNCIL REPORTS Councilmember Schneiter Questioned when and how sidewalk repairs are done. Councilmember Shoemaker Discussed upcoming events at the Grace Hudson Museum, a gift that will be given by the Guild at the Dedication Ceremony, and further discussed a Chamber of Commerce meeting and newsletter. Councilmember Hickey None. Councilmember Kier Commented on the Building Permit Report noting a fine job by staff. Discussed the Main Street Program progress. Mayor Henderson Noted a meeting with County-Mayors where mutual county-wide problems were discussed. Noted a City Selection Committee conference call; Ukiah's representative will be the City Manager. Noted attendance at an elementary school for their constitution celebration. CLOSED SESSION The City Attorney recommended that Council go into Closed Session under the exception to the Brown Act, Section 54956.9, Subsection A, to discuss Threatened Litigation, .~ity of Ukiah vs. Ukiah Unified School District; Pending Litigation, City of Ukiah vs. Transcontinental Insurance Company, et a__l., San Francisco Superior Court Case No. 861774; and Underground Construction Company vs. City of Ukiah, et al., Mendocino County Superior Court Case No. 50850; and Personnel Matters. Reg. Mtg. September 16, 1987 Page 6 4O M/S Kier/Shoemaker to go into Closed Session to discuss the following: Threatened Litigation: City of Ukiah vs. Ukiah Unified School District Pending Litigation: City of Ukiah vs. Transcontinental Insurance Company, et al., San Francisco Superior Court Case No. 861774. Underground Construction Company vs. City of Ukiah, et al., Mendocino County Superior Court Case No. 50850. Personnel Matters The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. The Council went into Closed Session at 10:10 p.m. The Council reconvened at 11:27 p.m. M/S Kier/Hickey authorized the City Manager to execute an agreement between the City of Ukiah, Transcontinental Insurance Company, and Columbia Casualty Company. The motion was carried by a unanimous voice vote. NOES: None. ADJOURNMENT There being no further business, the meeting was adjourned at 11:30 p.m. to September 29, 1987, for a Study Session regarding development standards for properties north of Orr Creek, at 4:30 p.m., Grace Hudson Museum, Public Meeting Room, 431S. Main Street. Yvette S. Hayes City Clerk Reg. Mtg. September 16, 1987 Page 7