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HomeMy WebLinkAboutmin 09-18-85225 motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, and Mayor Myers. NOES: None. ABSENT: Councilmembers Hickey and Kelley. ADJOURNMENT There being no further business, the meeting was adjourned at 10:12 p.m. Yvette S. Hayes City Clerk Reg. Mtg. September 18, 1985 Page 6 223 Mayor Myers stated that he had heard from the Sun House Management Team and they have stated that they probably won't be eligible for the Park Bond Act so there was no need for a resolution. M/S Kier/Kelley to adopt the resolution which approves the application for grant funds under the regional competitive program of the California Park and Recreational Facilities Act of 1984 for landscape projects at the Sun House grounds. Discussion ensued as to why it would be an advantage to adopt the resolution; it leaves the option open for the management team to apply if they wished. The resolution was not adopted by the following roll call vote: AYES: Councilmember Kier. NOES: Councilmembers Henderson, Kelley, and Mayor Myers. ABSENT: Councilmember Hickey. llb. Award of Contract - Slurry Seal on City Streets and Facilities Councilmember Henderson stated that she pulled this item from the Consent Calendar because there might be a possible conflict of interest; she asked to be excused from the meeting. Councilmember Henderson left. M/S Kier/Kelley to award the contract for slurry seal on city streets and facilities to American Asphalt Repair and Resurfacing Company for $23,564.00. The motion was carried by the following roll call vote: AYES: Councilmembers Kier, Kelley, and Mayor Myers. NOES: None. ABSENT: Councilmembers Henderson and Hickey. Councilmember Henderson returned. llc. General Warrants Mayor Myers pulled this item from the Consent Calendar to question the new layout of the warrants. He stated it is somewhat confusing the way it is laid out. The City Manager suggested meeting with the Finance Department in a work session to examine the new layout. This matter will be agendized for the next City Council meeting at which time a work session date will be set. M/S Kier/Kelley to approve the City of Ukiah General Warrants for September 18, 1985, #29597 to #29725, $241,562.58. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley, and Mayor Myers. NOES: None. ABSENT: Councilmember Hickey. COMMENTS FROM THE AUDIENCE The Ukiah Daily Journal reporter asked if the Ukiah Valley Fire District meeting was open to the public. Council stated that all council meetings, where there is a quorum, is open and the public is welcome. She also asked for all Redevelopment background. CITY COUNCIL REPORTS Councilmember Henderson Reported that the Sun House Board of Trustees has named the new museum, at the Sun House, the Grace Hudson Museum. Councilmember Kier Attended the photo session at the Sun House. Reviewed the new BMX course. Reg. Mtg. September 18, 1985 Page 4 224 He would like Council to support the Ukiahi Band with their project (selling calendars), this helps finance their trip to the Pasadena Rose Bowl Parade. He will get a photo session together for tomorrow showing all buying a calendar in support of the band. He also questioned if we had heard anything from the County regarding a joint planning commission meeting. Staff noted they will check into the matter. Councilmember Kelley Asked staff where we are with the Fees and Charges Committee's recommendations regarding electrical rates. Staff reported that it is scheduled for an upcoming agenda item, possibly in December, 1985. Mayor Myers At the Sanitation Board meeting this week he received a report from Kennedy-Jenks regarding our wastewater sphere of influence. Attended REMIF meeting today and now we can obtain special event liability insurance. NCPA meeting is being held next week and we also need a representative at the new Sun House complex dedication; possibly Vice-Mayor Hickey. The Highway Commission will be here next week and Councilmember Henderson will attend. The Commission Appreciation Dinner should be planned soon. RECESSED: 9:11 P.M. to Ukiah Redevelopment Agency. RECONVENED: 9:26 P.M. CLOSED SESSION The meeting reconvened into a Closed Session at 9:31 p.m. M/S Kier/Henderson to go into closed session to discuss the following items: 1. Pending Litigation: Underground Construction Company vs. The City of Ukiah, No. 50580, Mendocino County Superior Court. 2. Meet and Confer 3. Personnel Exception The motion was carried by a unanimous voice count. ABSENT: Hickey. Councilmember RECONVENED - 10:10 P.M. The City Council reconvened in a Public Session at 10:10 p.m. The following action was taken: M/S Henderson/Kier to adopt Resolution No. 86-11, Memorandum of Understanding between the City of Ukiah and the Ukiah Management Unit. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, and Mayor Myers. NOES: None. ABSENT: Councilmembers Hickey and Kelley. M/S Henderson/Kier to adopt Resolution No. 86-12, wage and salary agreement between the City of Ukiah and the non-represented management employees. The Reg. Mtg. September 18, 1985 Page 5 221 8j. Approved Report of Administrative Actions and Proposals (R.A.A.P.) The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley, and Mayor Myers. NOES: None. ABSENT: Councilmember Hickey. UNFINISHED BUSINESS 10a. Set Date for Study Session with Ukiah Valley Fire District Council decided on Tuesday, October 15, 1985, at 5:30 p.m., at 111 West Church Street, Old City Council Chambers, for the Study Session with the Ukiah Valley Fire District. 10b. Interim Report from Energy Conservation Committee Councilmember Henderson presented an interim report from the committee. They have been reviewing various conservation programs and interviewing energy specialists. She reported they will continue to meet regularly and return to the Council with a final report and recommendations in a few months. lOc. Request From Energy Conservation Committee For Staff To Submit Application to WAPA For Study Of Peak Energy Load Karen Bonime, a member of the committee, presented to Council letters of support she has received from local citizens on the committee's efforts. She stated that the deadline to file an application to WAPA for a matching grant to study conservation technology is October 1, 1985. Conservation and load management programs could benefit Ukiah. The Committee's proposed application asks WAPA to fund 40% of the study with the City responsible for 60%. She noted further that the committee is working toward education and rate structure methods of conservation. The City Manager stated that the committee did a fine job on the concept of the application but that staff could refine some areas of the proposal. M/S: Kier/Kelley authorized staff to work with the committee in finalizing the proposal which is to be sent by October 1, 1985. Council is also aware that possibly in the future the City will be asked to match the WAPA grant. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley, and Mayor Myers. NOES: None. ABSENT: Councilmember Hickey. PUBLIC HEARING - 7:00 P.M. 9a. Appeal of Planning Commission's Approval of Amendment to Use Permit No. 85-12/Plowshares The Planning Director reported that the Planning Commission held a public hearing to consider a request from Plowshares to amend their Use Permit No. 85-12. The request was to rent out the kitchen facility for use by catering services and to rent out the building during evenings and weekends for use by community groups. The Commission approved the kitchen rental portion of the amendment. An adjacent property owner, Ina Mae Philip, is appealing that decision. He noted to the Council this is the only issue the Council should be addressing; the amendment to allow rental of the kitchen facilities. There was discussion on commercial use, public building use and the purpose of the extended use of the building. PUBLIC HEARING OPENED - 7:20 P.M. Jared Carter, 2421 Redemeyer Road, represented Ina Mae Philip. He wanted Council to address a few legal issues before issuing the permit; 1) that it is a discretionary act and no written study was done as required by CEQA, and 2) Reg. Mtg. September 18, 1985 Page 2 222 City Code section 9228, states that a use permit can not be granted or expanded unless the City Council can find that the use will not be detrimental to persons or property in the neighborhood. He stated that expanding the permit to allow a catering service to use the facility will help Plowshares financially and it is Plowshares being in the neighborhood that is detrimental to the surrounding neighbors. Sister Jane Kelley, 140 Mendocino Drive, spoke on Plowshares' behalf. She stated that Plowshares has been operating under a hardship because of high rent and utilities. The catering service will provide much needed revenue. Those who spoke in favor of the expanded use permit: Pat Jones, Evelyn Montez, Jack Albert, Alice Holliday, Susan Crane, Virginia Roberts, Margaret Ashurst, Jim Linstead, Barry Vogel, Tom MonPere, Martin Bradley, Carol Wells. Those who were against the expanded use permit: Ina Mae Philip, Dora Thompson, Diane Crawford, William Alexander, Nelson Redding. PUBLIC HEARING CLOSED - 8:09 P.M. Discussion ensued as to whether Plowshares had complied with all the initial conditions of the use permit, and the merits of Jared Carter's CEQA arguments. The Planning Director noted all conditions had been met and that the facility was catagorically exempt under CEQA because it is an existing facility. M/S Kelley/Henderson to uphold the Planning Commission's decision to approve the amendment to Use Permit No. 85-12 which is to rent out the kitchen facili- ty for use by a catering service, with the finding that no evidence had been presented to the Council that the amendment of the use permit would have any detrimental effect on the neighborhood. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley and Mayor Myers. NOES: None. ABSENT: Councilmember Hickey. RECESS: 8:18 P.M. RECONVENED: 8:30 P.M. UNFINISHED BUSINESS 10d. Contract Amendment for $20,000.00 - Victor Lopes Architect The City Manager reported that at the last City Council meeting Council authorized the City Attorney to draft an amendment to the agreement with Victor Lopes. It is before them tonight to authorize the signatures. He wanted to make note that there has been further discussion with Mr. Lopes, on what the City Manager sees as a contractual interpretation, regarding copies of plans for the demolition bid and the construction bid documents. The matter at this point is being discussed by Mr. Lopes' attorney and the City Attorney but it may be before the Council at a later date. M/S: Kelley/ Kier to authorize the Mayor and the City Clerk to execute the amendment for $20,000.00 to the contract with Victor Lopes Architect. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley, and Mayor Myers. NOES: None. ABSENT: Councilmember Hickey. NEW BUSINESS lla. Resolution Authorizing Application - Second Year Funding 1984 Park Bond Act The City Manager reported that if the Sun House Management Team would decide to apply for funding with the 1984 Park Bond Act for Sun House Projects, such projects concern the grounds at the Sun House Museum, they will need to have a resolution passed by the City Council. Applications must be postmarked by October 1, 1985. Therefore, the resolution must be adopted at this meeting. Reg. Mtg. September 18, 1985 Page 3 220 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - SEPTEMBER 18, 1985 The City Council convened in regular session at 6:35 p.m., in the Ukiah Unified School District Board Room. Roll was taken and the following Councilmembers were present: Henderson, Kier, Kelley and Mayor Myers. Staff present: Payne, Rapport, Harris, Pedroncelli, Vara and City Clerk Hayes. INVOCATION AND PLEDGE OF ALLEGIANCE City Manager Payne delivered the Invocation and Councilmember Kier led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES Councilmember Henderson and Mayor Myers made the following corrections to the September 4, 1985, Minutes: 1) Page 2, Consent Calendar, item 7f, add: to Jet-Con Enterprises for $7,676.00. 2) Page 2, item 8a., add to the motion: which permits a 30-foot sign to include the identification logo of the major tenants. 3) Page 3, item 8e, first paragraph, change: issue to issuing. 4) Page 3, item 8e, second paragraph, change: We to He. 5) Page 4, third paragraph, add: the word "to" between told and all. 6) Page 5, first paragraph, change: structure to stricture. 7) Page 5, item 10c, the motion should read: "... between Cloverdale and Ukiah." 8) Page 6, under City Council Reports, Council wanting to recognize Councilmember Hickey should be under comments by Mayor Myers. M/S Kier/Henderson to approve the Minutes of September 4, 1985, Regular Meeting, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier and Mayor Myers. NOES: None. ABSTAIN: Councilmember Kelley. ABSENT: Councilmember Hickey. SPECIAL ORDER OF BUSINESS 6:40 P.M. Mayor Myers reported that he talked to Victor Lopes on the phone before the meeting and that there was no need for a presentation by him. He did want Council to know that the bid opening for the Yokayo site will be held next Tuesday, September 24, 1985. RIGHT TO APPEAL DECISION Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. CONSENT CALENDAR Councilmember Henderson pulled item 8h. Mayor Myers pulled item 8b. M/S: Kier/Kelley to approve the Consent Calendar Items 8a, 8c, 8d, 8e, 8f, 8g, 8i, 8j, as follows: 8a. Approved Payroll Warrants for September 18, 1985, #7547 to #7702 for $87,449.55. 8c. Denied Claim for Damages, C. F. Blower, and Referred to Insurance Carrier. 8d. Denied Claim for Damages, Bernice Noyd, and Referred to Insurance Carrier. 8e. Denied Claim for Damages, George E. Rowe, and Referred to Insurance Carrier. 8f. Awarded Contract - Solid Waste Site Dozer/Tractor Repairs to Berglund, Inc. for $25,625.00, and authorize Staff to negotiate locally for a rental replacement tractor. 8g. Awarded Contract - Asphalt Concrete Surfacing to Mendocino Paving, Inc. for $139,956.00. 8i. Authorized a Community Development Commission Letter of Support for the Housing Voucher Program to HUD. Reg. Mtg. September 18, 1985 Page 1