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HomeMy WebLinkAboutmin 07-03-85197 Councilmember Henderson was reappointed to the Mendocino Transit Authority Board (MTA) and Councilmember Kelley was reappointed to the Mendocino Council of Government Board (MCOG). M/S: 'Hickey/Kelley to authorize Mayor Myers to make committee appointments as he deems necessary. The motion was carried by a unanimous voice vote. 12f. Council Chamber Lease The Acting City Manager reported the lease for the City Council Chambers, located at Ill W. Church Street, has remained the same as the previous agreement with the exception that it has been extended to an eighteen (18) month period rather than twelve (12) months, and the rental fee has increased by $50. Staff recommended the Council approve the agreement. M/S: Kelley/Kier to authorize the Mayor and City Clerk to sign the City Council Chamber Lease Agreement between P. Samuel and Selena Yan and the City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. COb~ENTS FROM AUDIENCE None CITY COUNCIL REPORTS Councilmember Henderson Reported she will be attending the League of California Cities Conference in Monterey later this month. She will be absent from the July 17, 1985, Council meeting. Councilmember Kier None Councilmember Hickey Reported the Grace Geothermal issue has been resolved. The intent is that the property (1,744 additional acres) will be transferred by September 1, 1985. Councilmember Kelley None Mayor Myers Reminded everyone of the R.E.M.I.F. Dinner on July 12, 1985. He attended NCPA's meeting in Portola. RECESSED: 9:00 p.m. RECONVENED: 9:10 p.m. CLOSED SESSION The meeting reconvened into closed session at 9:10 p.m., to discuss the following pending litigation: Underground Construction Company vs. City of Ukiah Kennedy Homes vs. City of Ukiah No action was taken. ADJOURNMENT There being no further business, the meeting was adjourned at 9:40 p.m., to the regularly scheduled July 17, 1985, City Council meeting. Faye McAfee Recording Secretary Regular Meeting July 3, 1985 Page 5 195 the shopping center is not allowed to use this form of advertising. He requested the Council consider and approve Variance Application No. 85-65. PUBLIC HEARING CLOSED: 7:35 P.M. Discussion ensued regarding restrictive zoning. The Council expressed empathy for the appellant. M/S: Kier/Kelley to refer the matter of Variance Application No. 85-65 to the City Attorney for clarification of the zoning ordinance as it pertains to the Pear Tree Shopping Center, and continue the matter of appeal to the July 17, 1985, City Council meeting. The motion was carried by the following roll call vote: AYES: Councilmembers Kier, Hickey, Kelley and Mayor Myers. NOES: Councilmember Henderson. ABSENT: None. PETITIONS AND COMMUNICATIONS 10a. Appeal of Planning Commission Denial - Site Development Permit 85-63 - Railroad Center The Acting Director of Planning reported the subject permit is a sign program for the Railroad Center office complex at Perkins and Mason Streets. Only one portion of the sign program is at issue, that is an 8' x 2.33' (19 square feet) blue and white (encased in wood) "Coldwell Banker" sign on the east wall facing the railroad. The proposed east wall sign does not comply with the ordinance because the east property line is neither a business nor a street frontage. At their June 12, 1985 meeting, the Planning Commission denied (3-3 tie vote) Site Development Permit No. 85-63. Staff recommended the Council uphold the Planning Commission denial of the east wall sign but approve the remainder of the Site Development Permit Application. Considerable discussion ensued regarding smaller sizes, other locations, relationship to businesses, color scheme and noncompatibility. Architect, Bob Axt, 2600 Oak Court Road, Ukiah, presented pictures of the proposed sign explaining the sign is unusual but esthetically pleasing. He requested the Council approve the sign and proposed location as submitted. Jack Cox, Ukiah, feels the sign would be cramped and the colors would not blend well if placed in another location. Mayor Myers commended the developers for a job well done and stated the project is a fine addition to the community. M/S: Kier/Hickey to reverse the Planning Commission's decision of June 12, 1985, and approve the east wall sign as well as Site Development Permit Application No. 85-63. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. llc. Matter of Planning and Airport Commission Appointments M/S: Kier/Kelley to adopt Resolution Numbers 86-2 and 86-3 of the City Council of the City of Ukiah reappointing the following commissioners: Herbert Morton and Doug Baker to the Airport Commission; Sandra Geronzin and Fred Schneiter to the Planning Commission. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. The City Clerk was directed to advertise one remaining vacancy for the Planning Commission. NEW BUSINESS 12a. Discussion of Prezonin~ Area North of Ukiah The Acting Director of Planning reviewed the proposed boundaries for prezoning. Staff recommended that the initial block for prezoning should Regular Meeting July 3, 1985 Page 3 196 extend west from the freeway and North State Street to the foothills and from existing City limits to Orr Springs Road. After substantial discussion regarding boundaries, preparation of positive public relations for annexation, cost of noticing, and the eastside annexation policy, it was determined to request more information from the Local Agency Formation Commission Office regarding the Sphere of Influence boundaries. Further discussion of prezoning the area north of Ukiah will be rescheduled for the July 17, 1985, City Council meeting. 12b. Authorize Execution of Change Order No. 36 - Underground Construction This matter was continued to closed session. 12c. Introduction of Ordinance No. 851 - Cable Television Franchise The City Attorney reported Ordinance No. 851 has been negotiated between the franchise negotiating committee and Group W to provide cable television within Mendocino County. If adopted, it will replace the City's existing cable television franchise ordinance. M/S: Kelley/Hickey to introduce Ordinance No. 85I by Title only. The motion was carried by a unanimous voice vote. M/S: Kelley/Hickey to introduce Ordinance No. 851 of the City Council of the City of Ukiah repealing Article 2 of Chapter 11 of Division 1 of the Ukiah Municipal Code, regulating Television (TV) Franchise and adopting a new Article 2 governing the same subject matter. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 12d. Award of Bid, Legal Publications 1985-86 Fiscal Year The Acting City Manager reported pursuant to state law, the City has advertised for a Legal Publications Contract for the fiscal year 1985-86. He reviewed the information received from the Ukiah Daily Journal and the Mendocino Grapevine. Elizabeth Christian, publisher of the Mendocino Grapevine, feels the Grapevine can accommodate the City's publishing deadlines and is a reliable source for the City's legal publications. Tom Reeves, publisher of the Ukiah Daily Journal, stated the Journal can reach more people due to a larger circulation. He feels the Journal can meet all State, County and City legal requirements. Discussion ensued regarding encouraging bids from Mendocino County by advertising in both the Journal and the Grapevine, legality of awarding more than one contract, awarding the bid to one and repetition of some articles to the other. Concern was expressed regarding the Grapevine being a weekly, not daily, publication. The City Attorney explained the City can only award one contract, with one newspaper, for all of the City's legal advertisements for a fiscal year. M/S: Henderson/Hickey to award the bid for the City's legal publications for the 1985-86 fiscal year to the Ukiah Daily Journal, but also advertise the General Plan Hearing dates, and when time permits, bids concerning construc- tion projects in both publications. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 12e. Matter of Council Committee Appointments Councilmember Kelley stated he has been on the Ukiah Players Board for three years. He requested to be removed from this Board. No appointment was made to replace him at the present time. Regular Meeting July 3, 1985 Page 4 193 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - July 3, 1985 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: Acting City Manager Pedroncelli, Rapport, Beard, Roper, Vara, Acting Planning Director Yarbrough, McAfee and City Clerk Hayes. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Kelley delivered the Invocation and Councilmember Henderson led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Kelley/Kier to approve the minutes of the June 19, 1985, regular meeting as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. M/S: Kelley/Kier to approve the following minutes as submitted: i. June 17, 1985, Special Meeting ii. June 17-18, 1985, Budget Hearing Meeting iii. June 20, 1985, Workshop Meeting The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. SPECIAL ORDER OF BUSINESS - 6:35 P.M. Architect, Victor Lopes presented the preliminary cost estimate for the Civic Center to the City Council. He requested the Council's review and input for discussion at a future meeting. He indicated the demolition contracts would be ready to go out to bid by mid August 1985, with the award of bid at the first Council meeting in September. Discussion ensued regarding the Ukiah Unified School District's request for continued use of the Yokayo Site as a warehouse. RIGHT TO APPEAL DECISION Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. CONSENT CALENDAR M/S: Hickey/Kelley to approve Consent Calendar items 8a, 8b, 8c, Sd, 8e, 8f, 8g and 8h as follows: 8a. Approved Payroll Warrants #6631 to #6779, $82,827.82 8b. Approved General Warrants #29023 to #29093, $901,143.37 8c. Denied Claims for Damages, Late Claims - Karen Hay, William G. Hay, Jr., Richard Hay and Robert Hay, and Referred to Insurance Carrier. 8d. Denied Claim for Damages, Pacific Ambulance Company, and Referred to Insurance Carrier. 8e. Awarded Contract for Construction of Street Improvements on the North Bush Street Extension to Lee Howard Construction Company, in the Amount of $137,380.73. Bf. Authorized the City Manager to Execute an Agreement with Smith Air to Provide Retail Jet Fuel Sales at the Ukiah Municipal Airport at $0.05 per Gallon Flowage Fee. 8g. Approved Supplement No. 1 to the Existing James L. Cagle Property Lease Agreement at the Airport. 8h. 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, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. Regular Meeting July 3, 1985 Page 1 194 Due to late arrivals, it was determined items 9a and 10a would be considered later in the meeting. UNFINISHED BUSINESS lla. Matter of Selection of Management of the City's Sun House Museum The Acting City Manager reported that in order to allow negotiations to proceed on a timely basis, staff recommends the City operate the Sun House until a contractor is officially hired by the City Council. It was recom- mended the City Council authorize the City Manager to negotiate a one year contract with the team of Rosalie Prosser and Suzanne Abel-Vidor. Councilmember Henderson stated the Interview Committee recommended the Council request from the Sun House Guild a listing of Guild functions that should remain strictly Guild functions, exclusive of direction or management by the City's contractor. M/S: Kier/Henderson to authorize the City Manager to negotiate, and return to the City Council July 17, I985 for approval, a one year contract with the recommended team. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. Ilb. Matter of 1985-86 Fiscal Year Budget The Director of Finance presented corrected copies of the 1985-86 fiscal year budget reflecting all changes made by the City Council during budget hearings, budget review comments and a resolution to adopt the $I7,403,323 budget as corrected. Councilmember Hickey requested further review of funds for the removal of portable toilets on the Golf Course. Don Rones presented background information regarding funding of labor and materials for the new toilet facility built at the Golf Course. M/S: Hickey/ to amend the Golf Course budget to pay the balance owed on the new toilet facility at the Golf Course. The motion failed due to the lack of a second. M/S: Kelley/Kier to adopt Resolution No. 86-1 of the City Council of the City of Ukiah adopting the 1985-86 budget for the City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. PROCLAMATION Mayor Myers proclaimed July 14-20, 1985, as Forest Products Industry Week. PUBLIC HEARING - 7:00 P.M. 9a. Appeal of Planning Commission Denial - Variance Application No. 85-65 Free Standing Sign - Pear Tree Shopping Center The Acting Director of Planning reported the subject variance is for an off-site freeway oriented free standing sign, 30 feet in height. Sign Code Section 3226(13) stipulates that "Off-premise signs shall not be permitted within the Ukiah City Limits .... " The subject sign is not on the property where the businesses it is identifying are located; however, the property is owned by the same party. At their meeting of June 12, 1985, the Planning Commission considered and denied (6-0 vote) Variance Application No. 85-65. Staff recommended the Council uphold the Planning Commission action of denial and not grant the appeal as requested. PUBLIC HEARING OPENED: 7:26 P.M. Peter Meier, Manager Pear Tree Shopping Center, representing Pear Orchard Investments, feels the City will not receive it's fair share of tax dollars if Regular Meeting July 3, 1985 Page 2