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HomeMy WebLinkAboutmin 02-05-86281 AYES: Councilmembers Henderson, Kier, Hickey, Kelley, and Mayor Myers. NOES: None. COMMENTS FROM THE AUDIENCE None. CITY COUNCIL REPORTS Councilmember Henderson Noted Nancy Verville was back attending the Council meeting. Attended League of California Cities Meeting in Sonoma. expressed to hold a regional meeting in May in Ukiah. Interest was The League has expressed interest in Councilmember Henderson possibly serving on a committee at the State level. The Sun House Review Committee of the Contractors held February 4, 1986, went well. WAPA's written approval of the Electric Committee's proposal is still forthcoming. MTA-JPA Contract needs to be renewed. The City Manager noted that it will probably be before Council at the February 19, 1986 meeting. Reported that MTA's insurance liability coverage is continuing to grow, the extended rates may not be able to be met. Bus schedules may cease because of the situation. Councilmember Kier The Ad hoc Committee for Development Standards met. reviewed the committee's progress; very positive. Councilmember Kier Councilmember Hickey Thanked staff and the people in Ukiah for their well wishes during his stay in the hospital. Councilmember Kelley MCOG met and discussed insurance coverage. CAL TRANS attended the meeting and discussed Highway 101 road improvement priorities. First priority for District 1 will begin this year; 4.9 miles below Squaw Rock. The remainder of the highway up to the Hopland Bridge is slated for the year 1990. Mayor Myers Attended REMIF meeting and reported that the Joint Powers Authority Insurance Fund is progressing. Would like to invite Frank James to Ukiah in the future to explain this insurance fund. Attended a Work-Well program. CLOSED SESSION The City Attorney recommended that Council go into Closed Session to discuss Western Title Insurance v. Gregg, et al., pending in Mendocino County Superior Court No. 45456, Pending Litigation to the Brown Act. M/S Kelley/Kier to go into closed session to discuss the following: . Western Title Insurance vs. Gre~, et al., Mendocino County Superior Court Case No. 45456. The motion was carried by a unanimous voice vote. Reg. Mtg. February 5, 1986 Page 6 282 RECESS: 9:40 P.M. The meeting reconvened into Closed Session at 9:45 p.m. The Council reconvened into open session at 9:50 p.m. M/S Hickey/Kelley authorized the City Attorney to execute a Stipulation For Judgment in Western Title Insurance v. Gregg, et al. The motion was carried by a unanimous voice vote. ADJOURNMENT There being no further business the meeting was adjourned at 9:55 p.m. to February 6, 1986, at 4:00 p.m., 111 West Church Street, for a Study Session with Victor Lopes. Yvette S. Hayes City Clerk Reg. Mtg. February 5, 1986 Page 7 279 The following spoke in favor of the issue; that the said use permit application differs from the Santa Rosa Rescue Mission Church. Reverend Phillip Hyslop, 299 Arlington Carrington Chase, 299 Arlington John Paju, 351 View Drive Tiny Harris, Calpella Those who contended that the application is the same and were opposed to the mission in the Downtown area: Bob Torres, 317 Main Street Ernest Amersfort, 317 Main Street Mike Shapiro, 367 No. State Street Councilmember Hickey stated he feels essentially the same people are proposing the same activity at the same location. The City Attorney stated that the Ukiah Gospel Mission and the Rescue Mission seem to have an identity of interest. He suggests that Council decide if the nature of the project is different. Discussion ensued. M/S Hickey/Henderson to uphold the Planning Commission findings and decision to deny Use Permit Application No. 86-29, Ukiah Gospel Mission Association. The motion was carried by the following roll call vote: Councilmember Henderson, Kier, Hickey, Kelley, and Mayor Myers. NOES: None. PUBLIC HEARING CLOSED - 8:17 P.M. RECESS: 8:18 P.M. RECONVENED: 8:32 P.M. 8b. Electric Rate Adjustment The City Manager asked Council to address under Unfinished Business, Item 10a, during the Public Hearing. He then introduced the Electric Utilities Director to present the staff report. The Electric Utilities Director stated that on April 3, 1985, the California Public Utilities Commission granted a seven percent (7%) increase in electric rates. This rate increase has not been passed on to City customers. On August 1, 1985, staff proposed the increase, that was approved and adopted by the City Council. On September 1, 1985, the CPUC granted a 5.7% decrease in the electric rates. In order for the City to balance the net effect no rate changes had been made. Staff is recommending that Council approve a rate increase that would bring the City within the 5% base rate of P.G.andE. Residential Rates, Schedule 1600, will result in an approximate 1.6% increase to a residential customer using 500 kwh. The summer air conditioning "Lifeline" be eliminated. The actual customer billing date to be changed; the rates occurring at the regular billing time for each individual customer instead of at a fixed time or prorated time. Commercial rate schedules 1602 and 1602-DM would add one mill charge to the Base Rate to allow for the elimination of the Capital Improvement Fee; this is the KVA charge of $25.00. The transformer to be supplied by the City. This would result in a rate reduction for the two classes 1602 and 1602-DM of approximately one percent (1%). Outdoor Lighting Schedule 1608-1, 2, and 3 changing fuel costs from .04846¢ to .04079¢ per kwh, adding kwh/month column to clarify the rate and add a high pressure sodium lighting rate. The City Manager stated he would like Item 10a of Unfinished Business addressed now. UNFINISHED BUSINESS 10a. ~.esponse To Fees and Changes Committee Recommendation Regarding Electric Charges Reg. Mtg. February 5, 1986 Page 4 28O The Electric Utility Director reported that the Fees and Charges Committee found two areas where the City could consider some alternatives as to their fees, charges, and requirements. Staff reviewed the recommendations and came up with ways to implement their suggestions. One, that the pro-rata charge of $25.00 per KVA to provide off-site facilities to a project could be eliminated on both the residential and commercial installations. Two, where the City requires that the developer provide the transformer, the City would supply the transformer on commercial installations only. He discussed further how funding the proposal would come about. Discussion ensued. PUBLIC HEARING OPENED - 8:50 P.M. Ted Feibusch, 240 S. Highland Avenue, stated he was against a higher commercial rate and questioned monies sent to NCPA. William Holt, 700 East Gobbi Street, rate increase proposal was not sent to him in his City electric bill and is opposed to the air conditioner lifeline being dropped. Paul Hansen, 102 So. State Street, has continued to cut back electric use in his store and with rates continually increasing it continues to be a struggle for the businessman. Steve Findley, 1330 B South State Street, new business owner, questioned possible hook-up charges. PUBLIC HEARING CLOSED - 9:05 P.M. The City Manager answered the citizens' questions. A lengthy discussion ensued. M/S Kelley/Hickey to adopt Resolution No. 86-29 which adopts Rule and Regulation No. 1, which extends main lines or other plant facilities and utility connection charges schedule 1615. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley, and Mayor Myers. NOES: None. M/S Kelley/Hickey to adopt Policy Resolution No. 15 which modifies Policy Resolution Nos. 2 and 10 regarding credit toward capital improvement fees for all existing facilities and requires that all developments pay full costs. The motion was carried by the following roll call vote: AYES: Councilmember Henderson, Kier, Hickey, Kelley, and Mayor Myers. NOES: None. M/S Hickey/Kelley to adopt Resolution 86-28 rate schedule. That an approximate one percent (1%) rate reduction be reflected in the commercial rate schedules and that the billing date schedules as recommended by staff be added to the attachment. The motion was carried by the following roll call vote: Councilmember Henderson, Kier, Hickey, Kelley, and Mayor Myers. NOES: None. 10b. Report of Administrative Actions and Proposals (R.A.A.P.) Councilmember Henderson removed this item from the Consent Calendar to question the six-month revenue and expenditures summaries ending December 31, 1985. It was noticed that the revenues collected this year are below the City's expenditures, and questioned whether this is normal for this time of year. The City Manager stated some revenues come in slower than others; some sales tax revenues first go into other agencies' accounts in Sacramento but technically the monies are the City's. The Finance Director expanded on the explanation. M/S Henderson/Hickey to approve the Report of Administrative Actions and Proposals (R.A.A.P.). The motion was carried by the following roll call vote: Reg. Mtg. February 5, 1986 Page 5 277 The Planning Director stated that staff believes the request is not appropriate for an appeals board but such a determination must be made by Council. Mr. Carl Corippo, 421 Clara Avenue, stated that a hearing is being requested before the Building Code Appeals Board as he feels the requirement would be hazardous and inviting to young children and he questions staff's interpretation of the Code. Council questioned the function of previous appeals boards and the interpretation of the presented Code. M/S Kier/Kelley to authorize the Mayor to appoint persons to a Building Code Appeals Board which will hold a hearing as requested by Mr. Carl Corippo. The motion was carried by a unanimous voice vote. The City Manager noted that when the board is appointed staff will notify the applicant of the time and place of the hearing. 9b. Letter from County Re~arding Capital Improvement Plan for County Facilities in Downtown Ukiah The City Manager reported receiving a letter from Mr. Beltrami upon request by the County Board of Supervisors. The contents of the letter can be a positive direction towards recognizing the need for downtown parking for County employees. Marilyn Butcher, member of the Board of Supervisors, stated that the County has a twenty (20) year building plan program which is that the County offices wish to stay in the downtown area thus hoping to keep the downtown open and viable. Council directed the City Manager to write a letter to Mr. Beltrami stating that the Council would also like to see an ongoing dialogue between the City and the County regarding their Capital Improvement Plan. Councilmember Henderson requested Council be kept apprised of any ongoing communications. 9c. Letter from Robert Sandelin - Requestin~ Recognition for a Joint Action Committee Promoting Progress in Downtown Ukiah The City Manager reported that Council has received a letter from Robert Sandelin, temporary chairman of a "Joint Action Committee Promoting Progress In Downtown Ukiah". Mr. Robert Sandelin, 318 Jones Street, stated the committee is a result of interested merchants and property owners concerned with what will happen to the Downtown area when City Hall moves to the new Civic Center; thus, vacating a considerable amount of property. The Committee wonders what will happen when the County exercises its intent to acquire downtown property. The intent would be to work closely with the City and County in hopes that the downtown concept continues towards the best results for all concerned. Mr. Sandelin noted that over 300 signatures have been collected supporting the committee's effort and concept. Councilmember Henderson questioned whether the creation of another downtown committee couldn't wait until the Redevelopment Report is presented. Mayor Myers noted that the Redevelopment Report is soon to be completed and hopes that part of the report addresses the problem of downtown parking. He suggests having the report reviewed first to see if it can't be used by all concerned with the downtown. The City Manager stated the consultants could have the report available for the February 19, 1986 Redevelopment Meeting, and it could be reviewed at that time. Reg. Mtg. February 5, 1986 Page 2 278 Councilmember Kier stated he saw nothing wrong with recognizing the committee now; he didn't want to lose their positive energy. Council recognized the committee's enthusiasm and appreciated it. Paul Hansen, 102 South State Street, did not want to see the enthusiasm of the committee dwindle because Council would not approve their recognition at this meeting. He did not feel their intent was to be part of the redevelopment but instead an entity of their own. Mary Lou Zimmerman, Downtown property owner, stated she saw the committee as taking care of the Downtown interests. She would like to see the committee recognized as a special interest committee and established this evening. M/S Henderson/Kelley to review the Redevelopment Feasibility Study at the February 19, 1986 Redevelopment Agency Meeting, at which time the request by the "Joint Action Committee Promoting Progress in Downtown" be reviewed by the Redevelopment Commission. Should the Commission decide not to proceed with the Redevelopment Feasibility Study, the committee's request will be dealt with by the City Council and members appointed to said committee at that time. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley, and Mayor Myers. NOES: None. PUBLIC HEARING - 7:00 P.M. 8a. Appeal of Planning Commission Denial - Use Permit Application No. 86-29, Ukiah Gospel Mission Association The Planning Director reported that at the January 8, 1986 Planning Commission Meeting they considered an application for a 13-bed rescue mission at 303 North Main Street. He noted that they determined, after hearing testimony from the applicant's representative and the opponents' spokesman, that the application was substantially the same as Use Permit Application No. 86-38, which had previously been considered and denied in April and May, 1985. The appeal letter of the Mission Association indicates it is not the same applicant as before and the project is different as it has a smaller chapel, different building, and fewer beds are proposed. The City Attorney stated that the appeal is based on the Planning Commission's denial to issue a use permit. Two separate issues could be decided by Council. One, that the application is the same as before and uphold the Commission's decision. Two, reverse their decision, take testimony and evidence and then decide the issue or remand it to the Planning Commission for an additional hearing and let the decision be decided on the merits of said proposal. Mayor Myers stated that first Council would decide if the application is the same as before. The public hearing would be opened to take testimony on said issue. PUBLIC HEARING OPENED: 7:38 P.M. Daniel Loomis, Attorney, Cleveland, Ohio, representing the Ukiah Gospel Mission, stated the application is for a mission church. He defined a mission church, stated it was a different corporation, different people, and a different building. The City Attorney questioned the location and use of the Ukiah Gospel Mission. Mr. Loomis noted that the 303 Main Street location is for a chapel, 301 Main Street location is for the Sunday School and beds and/or emergency housing, and 307 Main Street is the Thrift Store. He noted the Ukiah Gospel Mission holds legal title to said property. Jared Carter, attorney for the opponents, reviewed material that was presented at the last Rescue Mission public hearing. He noted the issues are still the same as the previous application. Reg. Mtg. February 5, 1986 Page 3 276 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - FEBRUARY 5, 1986 The City Council convened in regular session at 6:30 p.m., in the Ukiah Unified School District Board Room. Roll was taken and the following Councilmembers were present: Henderson, Kier, Hickey, Kelley, and Mayor Myers. Staff present: City Manager Payne, City Attorney Rapport, Planning Director Harris, Public Works Director Pedroncelli, Electric Utilities Director Roper, Finance Director Vara, Electric Distribution Engineer Dunn, and City Clerk Hayes. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Myers delivered the Invocation and Councilmember Henderson led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S Henderson/Kelley to approve the City Council Minutes of January 15, 1986, Regular Meeting, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kelley, and Mayor Myers. NOES: None. ABSTAIN: Councilmembers Kier and Hickey. SPECIAL ORDER OF BUSINESS Discussion with Architect, Victor Lopes - Yokayo Site Mr. Lopes reported on his last work session with staff at which time minor changes on the Civic Center plans were discussed. Council set a special session for February 6, 1986, at 4:00 p.m., 111 West Church Street, the Old City Council Chambers. Right To Appeal Decision Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR Councilmember Henderson requested Item 7c be removed from the Consent Calendar and placed on the agenda as Item 10b. M/S Kelley/Hickey to approve the Consent Calendar, Items 7a and 7b, as follows: 7a. Approved Payroll Warrants of February 5, 1986, #8954 to #9094, in the amount of $83,043.86 and #9095 to #9235, in the amount of $95,282.85. 7b. Approved General Warrants of February 5, 1986, #30699 to #30833, in the amount of $720,125.44. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley, and Mayor Myers. NOES: None. PETITIONS AND COMMUNICATIONS 9a. Request for Building Code Appeals Board Hearing - Carl Corippo, 421 Clara Avenue The City Manager stated that the Planning Director had prepared the staff report in this matter and introduced him to present same. The Planning Director reported that Carl Corippo has requested a hearing before the Building Code Appeals Board regarding a Uniform Mechanical Code requirement for ladders to roof mounted furnaces. He reviewed the Building Official's memorandum of January 2, 1986, in which he stated that the request is not really appropriate for a board hearing because it is a request for a variance from the Code. The Planning Director reviewed an excerpt of the Uniform Mechanical Code, Section 203, 710, and 303, and the standard plan check stamp utilized by the City of Ukiah Building Division. Reg. Mtg. February 5, 1986 Page 1