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HomeMy WebLinkAboutmin 09-19-8457 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 19, 1984 The City Council convened in regular session at 6:30 p.m. in the City Council Chambers. Roll was taken and the following Councilmembers were present: Henderson, Hickey, Kelley and Mayor Myers. Absent: Councilmember Kier. Staff present: Payne, Rapport, Frame, Harris, Pedroncelli, Stamelos and McAfee. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Myers delivered the Invocation and Councilmember Kelley led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Kelley/Henderson to approve the minutes of the September 5, 1984, regular meeting as amended, carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Kier. M/S: Kelley/Hickey to approve the minutes of the August 29, 1984, Goal Setting Session as amended, carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Kier. RIGHT TO APPEAL DECISION Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. CONSENT CALENDAR M/S: Kelley/Henderson to approve Consent Calendar items 6a, 6b, 6c, 6d, 6e, 6f, 6g, 6h, 6i and 6j as follows: 6a. Approved Payroll Warrants #3772 - #3924, $81,145.10 6b. Approved General Warrants #26634 - #26769, $1,226,769.10 6c. Awarded Bid for Petroleum Products to Redwood Tree Service Station in the total amount of $119,675.00 6d. Awarded Bid for 20-foot Galvanized Steel Light Poles to AMFAC Electric in the amount of $8,347.50; and High Pressure Sodium Light Fixtures to WESCO in the Amount of $2,317.I1, for a Total Amount of $10,664.61 6e. Approved the Purchase of a 1985 Fire Department Vehicle from the State of California 6f. Approved Proposal from Winzler and Kelly to Develop Electrical Plans and Bid Documents for Softball/Soccer Complex 6g. Approved Notice of Completion from Parnum Paving, Inc., for the Airport Runway and Taxiway Rehabilitation Project 6h. Approved Notice of Completion from Donald Ferranti, for Construction of Wood Framed Building for Pumping Facilities at City Well #5. 6i. Approved Fifth Amendment to the Agreement for Engineering Services to Kennedy/Jenks Engineers 6j. Approved Report of Administrative Actions and Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Kier. PETITIONS AND COMMUNICATIONS 8a. Letter From Ukiah Men's Golf Club Regarding Golf Cart The City Manager reported the Ukiah Men's and Women's Golf Club purchased a three wheel motor bike to provide transportation for a marshalling program at the Municipal Golf Course. The pink slip was signed over to the City of Ukiah for insurance and licensing purposes. The Board of Directors sold the bike and purchased a golf cart that would be easier to operate but inadvertently failed to get Council's approval. He explained they received the money for the sale and deposited it in their account for purchasing a cart. They are Reg. Mtg. September 19, 1984 Page 1 requesting Council's approval of the sale of the bike so they can receive the pink slip to pass on to the new owner. The new vehicle will be owned, maintained and operated by the Men's Golf Club. The City Attorney advised that if the pink slip is given on condition that the funds received for the first.bike are used to buy a new cart to continue the marshalling program, there would be a public purpose served by the transfer of the personal property and therefore would not be a gift of public funds. M/S: Kelley/Hickey to release the pink slip to the Ukiah Men's Golf Club subject to them purchasing another vehicle to continue the marshalling program at the Municipal Golf Course, carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Kier. 8b. .~ppeal of Site Development Permit No. 85-8, Vineyard, 720 N. State Street The Director of Planning reported the lessees of 720 N. State Street, Old Mission Pizza, are appealing the decision of the Planning Commission wherein at their August 22, 1984 meeting the Planning Commission approved a Site Development Permit for The Vineyard to establish a cocktail lounge in the northern half of the structure. The southern portion of the building is occupied by Old Mission Pizza. The Vineyard applicant indicated parking would be provided immediately west of the building as well as utilization of parking spaces on the property immediately to the north. A portion of the northern property is leased to Old Mission Pizza and use of those spaces by The Vineyard occupant is questionable. Staff recommended the Council uphold the Planning Commission's approval of Site Development Permit No. 85-8 with the added condition that all parking be on a surface of 2" of asphalt over 6" of aggregate base. Mayor Myers reported at the beginning of this evenings City Council meeting he had received a petition objecting to the approval of Site Development Permit No. 85-8. The signatures on the petition were received between August 28 and September 19, 1984 at Old Mission Pizza. Attorney Duncan James, 445 N. State Street representing Ronald and Patricia Hallman, the lessors of 720 N. State Street stated he feels the Planning Commission is double counting parking spaces on the property and the Council is being inconsistent. Ronald Hallman, owner of Old Mission Pizza, 2080 Wildwood Road stated he feels the Planning Commission is giving his parking spaces away. In his opinion, The Vineyard does not have adequate parking. M/S: Hickey/Kelley moved that the recommendation of the Planning Commission be adopted with the added condition that all parking be on a surface of 2" of asphalt over 6" of aggregate base. Friendly Amendment: The maker of the motion with the approval of the second, amended the motion by adding that the applicant be required to supply an additional 33 spaces, separate and apart from those now existing. Discussion was had regarding how the number of required parking spaces are determined. It was the consensus of the Council that the number of parking spaces in relation to how the capacity of an establishment is determined should be addressed. The motion was withdrawn to be restated for clarification. M/S: Hickey/Kelley moved that the parking requirements for The Vineyard be made to conform to the established City of Ukiah Municipal Code, separate and apart from those now existing for Old Mission Pizza, plus all parking be on a surface of 2" of asphalt over 6" of aggregate base, carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey and Mayor Myers. NOES: Kelley. ABSENT: Kier. Reg. Mtg. September 19, 1984 Page 2 PUBLIC HEARING - 7:00 P.M. 7a. General Plan Amendment 1984-B, Orchard Avenue Northeast The Director of Planning reported at their September 5, 1984 meeting the Council conducted the initial hearing for the General Plan Amendment 1984-B. The Orchard Avenue Northeast land use change area is the only item being considered. These properties total 6.5 acres and are located between Orchard Avenue and the 10I freeway north of Clara Avenue. The area is currently zoned C-2, however, designated High Density Residential. To be consistent with the parcels to the south, staff recommended the classification be changed to Commercial. CONTINUED PUBLIC HEARING OPENED: 7:23 p.m. No one wished to address the City Council regarding this matter. PUBLIC HEARING CLOSED: 7:24 p.m. 1) Negative Declaration for Land Use Change M/S: Kelley/Hickey to find the Negative Declaration for Land Use Change adequate and complete, carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Kier. 2) Resolution No. 85-27 for Land Use Change M/S: Kelley/Henderson to adopt Resolution No. 85-27 for Land Use Change, carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Kier. 7b. Appeal of Approval Condition Requiring In-lieu Parking Fees, Variance No. 85-7, Ford The Director of Planning reported at their meeting of August 22, 1984, the Planning Commission considered, and approved with conditions, Variance No. 85-7 regarding off-street parking. The applicant wishes to establish a two-station beauty salon in a suite at 216 W. Perkins but cannot provide on-site parking; thus, the variance was required. The Planning Commission approved the variance with the findings that available off-street parking is immediately adjacent to the facility; that other buildings in the area have not had to provide parking; and that the property offers no opportunity to furnish on-site parking. Because of the variance stipulation for parking within the Downtown Parking District (City of Ukiah Municipal Code Section 7388 et seq.) the Commission did condition the approval with the requirement of payment of in-lieu parking fees. The Planning Commission recommended that the Council waive the fees. Staff concurs with the Planning Commission action and recommended the in-lieu parking fees be waived. PUBLIC HEARING OPENED: 7:30 p.m. Carolyn Ford, 1291 Road "B", Redwood Valley stated she wants to be in this location and requested the Council waive the in-lieu parking fees. Mike Shapiro, owner of the building at 216 W. Perkins requested the Council waive the in-lieu parking fees. PUBLIC HEARING CLOSED: 7:33 p.m. M/S: Hickey/Kelley to grant the appeal based on the same finding as the Planning Commission. Discussion was had regarding the possibility of doing away with the in-lieu parking fees. It was determined this matter should be forwarded to the Fee Committee to streamline the process. Reg. Mtg. September 19, 1984 Page 3 6O The motion carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Kier. 7c. Appeal of Use Permit 83-96, Rental of Rooms in R-1 Zone, 214 Hortence, Johnson The Director of Planning reported that at their meeting of August 22, 1984, the Planning Commission considered a request for time extension and modifi- cation of conditions for Use Permit No. 83-96. The original use permit to allow rental of bedrooms in the R-1 zone was granted on August 10, 1983, subject to several conditions. The applicant requested a one year extension of the use permit, elimination of the condition that the permit is non- transferable, and the number of rentals be increased to four. The Commission's action to approve with conditions a one year extention failed by a 3 - 3 vote. Staff's concern is the compatibility in the neighborhood and the number of people occupying the house. They believe the conditions, as originally imposed on the use permit, meet both the City's needs and provide the opportunity for the property owner to increase the ability to maintain the house. Staff feels if the permit is not placed on an individual owner basis, there is the potential for an apartment situation and consistency with the General Plan, in this particular case, could be questioned. Staff recommended to allow the one year extension, however, not modify the original conditions. PUBLIC HEARING OPENED: 7:40 p.m. Tom Johnson, 210 Thompson, speaking on behalf of his mother Margaret M. Johnson, owner of property at 212 Hortense Street reviewed the history of the house. He explained that the request for amendment considerations were strictly due to economics as the improvements required for paved parking necessitated a longer amortization period than allowed with no transferability of the permit to a subsequent owner. Such improvements might have a negative effect on the sale of the home if a new owner could not implement the use permit. PUBLIC HEARING CLOSED: 7:56 p.m. M/S: Hickey/Kelley to grant the appeal approving a one year extention of Use Permit No. 83-96, subject to the following conditions: 1) A maximum of four persons or three unrelated persons may rent rooms. 2) The property owner must live in the residence. 3) The Use Permit be transferable. Discussion was had regarding the possibility of creating a bed and breakfast establishment versus monthly rentals, and the onerous conditions and restrictions imposed on owners of older/historical homes. The City Manager noted the City of Ukiah Municipal Code was changed to allow for these types of rentals. Concern was expressed regarding the possibility of the house being turned into an apartment building at some future date. The City Attorney clarified the findings of the Use Permit by explaining it promotes the purpose of, and its not inconsistent with, the Zoning Ordinance and its not a detriment to the health or safety of the community. The motion carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Kier. RECESS: 8:14 P.M. RECONVENED: 8:25 P.M. PETITIONS AND COMMUNICATIONS (Continued) 8c. Appeal of Site Development Permit No. 85-1 - Albertson's, 550 E. Perkins The Director of Planning reported Albertson's has requested a sign along the northern portion (rear) of their structure. The Site Development Permit was denied by the Planning Commission with concern expressed regarding the compatibility of the sign with other signs in the shopping center. Staff recommended the appeal be denied. Reg. Mtg. September 19, 1984 Page 4 61 Mike Emmert, property manager for Albertson's, stated the sign is requested for identification for traffic on Highway 101. He addressed the reasons given for denial of the sign by the Planning Commission and then asked for Council's approval of the sign. M/S: Hickey/Kelley to grant the appeal. After discussion it was determined the Center as a whole should have a sign near the freeway that would serve all the businesses. The motion was defeated by the following roll call vote: AYES: None. NOES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. ABSENT: Kier. UNFINISHED BUSINESS 9a. Matter of Airport Commission The City Manager reported at their regular meeting of September 11, 1984, the Airport Commission reviewed the City Council's question of a possible reduction in the number of Commission members from seven to five. The Airport Commission recommended that the membership on the Commission be retained at seven. M/S: Henderson/Kelley to advertise the Airport Commission vacancy, carried by a unanimous voice vote. NEW BUSINESS 10a. Ordinance of the City Council of the City of Ukiah Adding Section 7162.5 (90 Minute Parking) To Division 8, Chapter 1, Article 11 of the City of Ukiah Municipal Code The City Manager reported some months ago the City Council changed the parking time zone for the Downtown Area from two hours to ninety minutes parking. The Ordinance causes the change to be incorporated into the City of Ukiah Municipal Code. M/S: Henderson/Kelley to introduce the Ordinance by Title only, carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Kier. M/S: Kelley/Henderson to introduce the Ordinance, carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Kier. 10b. Approval of Application for - National Museums Act Grant for 1984 The City Manager reported the National Museums Act offers a grant program for museum internships. The purpose of the grant is to provide training for future museum professionals. It was noted that the internships are good for one year. He explained the deadline to file the application was September 14, 1984, and was filed on that date. The application can be withdrawn if this does not meet with Council's approval. Staff recommended the Council approve the City of Ukiah's grant application for two internships at the Sun House Museum. M/S: Kelley/Henderson to approve the City of Ukiah's grant application for two internships at the Sun House Museum, carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Kier. 10c. Offer From Ukiah Unified School District - Use of School Facilities The City Manager reported discussions have occurred between the City of Ukiah and the Ukiah Unified School District regarding the City utilizing the same Chamber the School District uses for their District Board meetings. The District has offered to reserve the Board Room for each Wednesday evening until such time as the City advises that the facility is no longer required. Reg. Mtg. September 19, 1984 Page 5 There will be no charge for this usage. Staff feels the offer from the Ukiah Unified School District should be kept open for later consideration, due to the inconvenience and costs incurred in a temporary move. Some of the issues raised during discussion was the present crowded conditions of City personnel; alternative locations for meeting rooms; convenience and easy access to the present Chamber; inconvenience, time and expense of a temporary move; applying the dollar expense of moving to the construction of the new City Hall at the Old Yokayo School site. No further action was taken. COMMENTS FROM AUDIENCE No one wished to address the City Council at this time. CITY COUNCIL REPORTS Councilmember Henderson None Councilmember Kier Absent Councilmember Hickey Reported he will not be present for the October I7, 1984 Council Meeting. Councilmember Kelley None Mayor Myers Reported he attended the Sanitation meeting September 17, 1984. He reported the Traffic Engineering Committee had granted a request for the closure of Main Street, from E. Mill to Gobbi, on September 28, 1984 from 6:00 to 10:00 p.m., to Bob and Carolyn Savage, owners of The Coach House Restaurant for a celebration to honor the completion of Main Street. The Mayor and Councilmembers were all invited to attend the celebration. He requested a written report from Staff regarding the possibility of the City using Police Dogs. EXECUTIVE SESSION Adjourned into Executive Session at 9:07 p.m. to discuss Attorney/Client Privilege and personnel. Reconvened into Regular Session at 10:13 p.m. at which time the following action was taken: M/S: Kelley/Henderson authorization to purchase easement Parcel No. 42 from Ibarra at the recommended price,' carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Kier. M/S: Hickey/Henderson moved approval of City Contract authorizing the firm of Farella, Brown and Martil for representation on the Lake Mendocino Project, carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey and Mayor Myers. NOES: Kelly. ABSENT: Kier. ADJOURNMENT There being no further business, the meeting was adjourned at 10:16 p.m. Faye McAfee Recording Secretary Reg. Mtg. September 19, 1984 Page 6