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Home My WebLink Aboutmin 06-18-86335 Discussion ensued. No action was taken. COMMENTS FROM AUDIENCE None CITY COUNCIL REPORTS Councilmember Schneiter Commented on sidewalk repairs and overlay project. Councilmember Kier None. Mayor Henderson None. ADJOURNMENT There being no further business, the meeting was adjourned at 8:25 p.m. to June 20, 1986, 10:00 a.m., Old City Council Chambers, 111 W. Church Street. Yvette S. Hayes City Clerk Reg. Mtg. June 18, 1986 Page 5 333 NEW BUSINESS 10a. Matter of Commission Appointments The Acting City Manager noted the vacancies and terms that will expire on the three commissions. M/S Kier/Schneiter to advertise the vacancies and send applications to the Commissioners whose terms will expire and request they reapply if interested. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. Council requested that the Acting City Manager check on the status of the Civil Service Board. PUBLIC HEARING 8a. Appeal of Planning Commission Approval of Use Permit No. 86-65, Betty C. Austin The Planning Director explained the Use Permit Application No. 86-65; to modify the existing service station to include a mini-mart. He noted that Chevron has requested that their appeal regarding the sale of alcoholic beverages not be considered. There was discussion regarding Condition No. 1 to be included or dropped from the Use Permit, what conditions Council could legally impose to a Use Permit and what constitutes a Use Permit application. PUBLIC HEARING OPENED - 7:17 P.M. Betty C. Austin, 599 Plum Drive, explained the history of Chevron's beginning at said site. She expressed concern with the look of the building proposed, added traffic, litter will increase, and beer and wine sales combined with a gas station. Carol Hestor, 1771 Wildwood Road, stated she supports Mrs. Austin's comments. She further commented on statistics provided to her by the Police Department regarding drinking and driving arrests. Kathy Graham, 8701 Eastside Road, believes that Ukiah doesn't need another mini-mart and noted that the said station is the only station open on weekends to assist motorists with car troubles. Chris Crispen, Petaluma, representing Chevron, stated that the other Chevron stations in town will provide weekend service for motorists and because times and competition are changing it requires that Chevron adapt and make their stated changes. He noted that Chevron will consider the sale of alcohol and make application after legislation takes action. The City Attorney stated that if the City were to make limitations regarding the sale of alcohol on a City-wide basis, it would have to be in the form of an ordinance. Raylene Byer, 265 Pomo Drive, expressed concern with losing the service now provided at said station. Opposed to alcoholic beverages being sold with gas sales. PUBLIC HEARING CLOSED - 7:30 P.M. There was discussion among Council regarding their opposition to legislating commerce. Further they questioned how the Planning Commission had viewed the architectural design. The Planning Director noted that the Planning Commission felt the design was appropriate. Reg. Mtg. June 18, 1986 Page 3 334 M/S Kier/Schneiter deny the appeal and uphold the Planning Commission's decision to approve Use Permit No. 86-65 noting that the change will not be detrimental to the health, safety, peace, morals, or comfort of residents or workers in the neighborhood because: 1) the northern driveway on Orchard Avenue will be closed eliminating a dangerous ingress/egress point, 2) the pump islands will be oriented north-south improving on-site circulation, 3) the southeast corner of Orchard and Perkins will be widened to improve turning movements, and 4) greater convenience to motorists will be provided with the mini-mart. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. Discussion ensued regarding the Planning Commission's intent of reviewing the sale of alcoholic beverages at said location within legal limitations of the law and if it were a City-wide decision to restrict the sale then an ordinance would be written. 8b. Approval of Use Permit Application No. 86-66 - M & L Enterprises - Sierra Sunset The Planning Director explained that the applicant has requested this item be continued to July 2, 1986 City Council meeting. PUBLIC HEARING OPENED - 8:07 P.M. M/S Kier/Schneiter continue Use Permit Application No. 86-66 Public Hearing to July 2, 1986 City Council meeting. Marcel Reese, 1331 Sirah Court, noted that the next meeting is right before a holiday and it may be inconvenient for some to attend. She asked if M & L Enterprises' plans have been changed since the Planning Commission's review. Samuel Klien, 1391 No. Bush, questioned continuing the Public Hearing. Louisa Klien, 1391 No. Bush, asked if Council received her letter submitted the previous Friday and believes the longer this item gets continued the better. Mayor Henderson stated that Council had received her letter. The Planning Director stated that no plan changes have been presented to staff by M & L Enterprises as yet but minor modifications will be ready at the next Council meeting. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. At 8:12 p.m. the Public Hearing was left open and continued to July 2, 1986 Council meeting. NEW BUSINESS 10b. Adoption of Resolution Ratifying Previous Actions - City of Ukiah Electric Revenue Bonds, Refunding Series 1986A The Acting City Manager noted this action will be the last action needed regarding the bond issue. M/S Kier/Schneiter to adopt Resolution No. 86-57 ratifying previous actions - City of Ukiah Electric Revenue Bonds, Refunding Series 1986A. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmembers Hickey. 10c. Discussion of Process By Which To Fill The Vacancy On The City Council The City Attorney explained options to the City Council regarding voting procedures. Reg. Mtg. June 18, 1986 Page 4 331 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - JUNE 18, 1986 The City Council convened in regular session at 6:30 p.m., in the Ukiah Unified School Board Room. Roll was taken and the following Councilmembers were present: Schneiter, Kier, and Mayor Henderson. ABSENT: Councilmember Hickey. Staff Present: Acting City Manager Pedroncelli, City Attorney Rapport, Planning Director Harris, and City Clerk Hayes. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Henderson delivered the Invocation and Councilmember Kier led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S Kier/Henderson to approve the City Council Minutes of June 4, 1986, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Kier and Mayor Henderson. NOES: None. ABSTAIN: Councilmember Schneiter. ABSENT: Councilmember Hickey. M/S Kier/Schneiter to approve the City Council Minutes of June 10, 1986, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. Mayor Henderson requested that an item be added to the agenda. New Business, 10c. Discussion of process by which to fill the vacancy on the City Council. M/S Kier/Schneiter to add item 10c, under New Business to the agenda. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. SPECIAL ORDER OF BUSINESS Discussion with Architect, Victor Lopes - Yokayo Site Mr. Lopes stated that the revised bid documents have gone out to interested contractors; noting that there is no longer a segregated bid portion to the documents. The bids will be opened on June 26, 1986 at 2:00 p.m. Council asked what changes had been made to the plans. No action was taken. RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR M/S Kier/Schneiter to approve the Consent Calendar, Items 7a, 7b, 7c, 7d, 7e, and 7f as follows: 7a. Approved Payroll Warrants of June 18, 1986, #10385 to #10529, in the amount of $87,037.55. 7b. Approved General Warrants of June 18, 1986, #31811 to #31958, in the amount of $437,185.96. 7c. Denied Claim for Damages, as follows, and Referred Matters to Insurance Carriers: i. Catherine Gregg ii. David E. Goodman 7d. Authorized the City Manager to advertise and attempt to sell on the open market excess City properties on South Main Street. Reg. Mtg. June 18, 1986 Page 1 332 7e. Awarded the bid for primary sedimentation tank chain, flights, and sprockets at the Wastewater Treatment Plan to Envirex for their Alternate Bid No. 2 in the amount of $31,715.00. 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 Schneiter, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. PETITIONS AND COMMUNICATIONS 9a. Letter from Mendocino County Youth Project Jim Levine, 41860 So. Highway 1, Gualala, noted that he was before Council because of the way allocations were made at the Revenue Sharing Hearing held in May. The Youth Project had received half the amount requested where as the other community groups received their total requested amounts. Further there were comments at the hearing that possibly the Youth Project had wronged the City somehow. He was concerned about the Youth Project's relationship with the City and spent time explaining the Youth Project's programs and services within the City. There was discussion among the Councilmembers regarding Mr. Levine's concerns. They stated that they would take note of them at the next Revenue Sharing Hearing. No other action was taken. 9b. Letter from Community Development Commission Regarding Community Development Block Grant The Planning Director noted that each year community block grants are proposed statewide. CDC is requesting that the City indicate whether they would like CDC to participate in a CDBG application. M/S Kier/Schneiter directed staff to notify the Community Development Commission that the City desires CDC's assistance in developing an application for the 1987 CDBG Program if they have a feasible program. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. 9c. Letter From Community Development Commission Requesting Approval of Draft Authorization Resolution - Housing Voucher Program The Planning Director noted that the Mendocino County Community Development Commission is proposing to participate in a Housing Voucher Program. They are requesting a statement indicating such a program is consistent with the City's General Plan. M/S Kier/Schneiter authorize the City Manager to forward a letter to the Mendocino County Community Development Commission indicating that CDC's participation in the Housing Voucher Program is consistent with the City of Ukiah's General Plan. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. M/S Kier/Schneiter adopt Resolution No. 86-56 which consents to the Mendocino County Community Development Commission's operation within the City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmember Schneiter, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. Reg. Mtg. June 18, 1986 Page 2