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HomeMy WebLinkAboutmin 07-05-8414 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - July 5, 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, Kier, Hickey, Kelley and Mayor Myers. Absent: None. Staff present: Payne, Rapport, Mitchell, Pedroncelli, Yarbrough, Stamelos and McAfee. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Myers gave the Invocation and Councilmember Kelley led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Hickey/Kier to approve the minutes of June 20, 1984, regular meeting as amended, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSTAIN: Councilmember Kelley. ABSENT: None. 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/Hickey to approve Consent Calendar items 6a, 6b, 6c, 6d and 6e as follows: 6a. Approved Payroll Warrants #2867 to #3010, $77,960.63 6b. Approved General Warrants #26057 to #26085, $574,370.87 6c. Approved Acceptance of Subdivision Improvements -- Las Casas Estates, Unit 1, Phase "A" 6d. Denied Claim for Damages, Raylene Buckley, and Referred to Insurance Carrier 6e. Approved Report of Administrative Actions and Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. PETITIONS AND COMMUNICATIONS 8a. Letter From City of Fort Bragg Regarding City and District Annexations The City Manager reported the City of Ukiah has received a letter from the City of Fort Bragg requesting the support of the Ukiah City Council in a joint effort by the four Mendocino County cities (Fort Bragg, Willits, Point Arena and Ukiah) to resolve a growing city/county conflict in the area of city and district annexations. He reported State law, Revenue and Taxation Code, requires that a city and county negotiate a property tax exchange before an annexation can go before the Local Agency Formation Commission (LAFCO). He explained when cities annex residential property they lose money, but when cities annex commercial property they stand to gain some additional monies in sales and hotel/motel tax. The proposed county requirements would allow a city to keep the same share of property tax it now inherits with annexations, but it would require a city to use property tax income to pay back the county for lost sales and bed taxes. He explained he had met with Gary Milliman of Fort Bragg and Cliff Swanson of Willits regarding this matter. He made several recommendations to the Council concerning this issue. After discussion it was determined to draft a letter to the County of Mendocino asking what the County's intent is concerning annexation, and that cities be allowed to have some input on the County's proposed policy towards annexations. Reg. Mtg.. July 5, 1984 Page 1 15 8b. Request by Jack Cox Regarding Gibson Creek Improvements at Mason Street The City Manager reported the City has received a letter from Jack Cox regarding a proposed development on existing property at the intersection of Perkins and Mason Streets. He explained Mr. Cox is asking if the City favors development of this area, and if the City would, be willing to share the cost of construction with the developer and/or property owner. Jack Cox, Ukiah, CA stated he is in the process of determining the economic feasibility of purchasing and completely renovating the Bogner property. He indicated Gibson Creek, situated in the most westernly portion of the subject property, creates a potential safety hazard for auto and pedestrian traffic. He also indicated properly constructed, a covering over Gibson Creek would not only reduce the safety hazard, but would also enhance the beauty of that area. It is our understanding that this portion of Gibson Creek is situated within the City of Ukiah right-of-way easement, and for this reason we are asking if the City would be willing to share the cost of construction. Discussion was had concerning curbs, gutters and sidewalks, erosion, covering over the creek, public safety, liability and cost. Councilmember Kelley stated the Gibson Creek supports are washing out and are in need of repair. He recommended the Council wait until more information concerning costs is available before making a commitment. He suggested it would be economically feasible to do both projects at the same time. Arnold Bogner, 1600 Deerwood Drive, Ukiah, CA stated he has owned said property since 1953, and to his knowledge Gibson Creek has never overflowed. Mayor Myers explained that pursuant to Policy Resolution No. 5, improvement and/or development of property is the responsibility of the property owner/developer not the City of Ukiah. The City Manager reported this parcel is within the Parking District. The District recognizes that some areas already have structures on them that can't meet today's parking requirements. A situation is created whereby the City Code has been established to allow those who can't meet parking requirements to pay in-lieu fees to the Parking District. He reviewed said Code. After discussion it was determined this parcel would be exempt from in-lieu fees if no structural addition creating new square footage was created. M/S: Kelley/Henderson to place Policy Resolution No. 5 on the July 18, 1984, Agenda for review, carried by a unanimous voice vote. PUBLIC HEARING - 7:00 P.M. 7a. Sign Variance - Western Traveler Motel, 693 S. Orchard - J. & L. Electrical Sisn, Agent The Acting Director of Planning reported at its meeting of June 13, 1984, the Planning Commission was unable to reach a consensus regarding the variance request from the maximum allowed square footage for signing in a commercial zone. At that same meeting a Site Development Permit was approved permitting a 50 foot high sign for a lodging business along the freeway corridor. However, the Western Traveler Motel only has a parcel frontage of 75 feet along Orchard Avenue allowing for 112.5 total square feet which would allow the applicant a sign face of 50 square feet on each side. The applicant feels that a 50 square feet sign face, 50 feet in the air would not be readable to the occupant of a vehicle traveling at 55 miles per hour along the freeway. The applicant is requesting that the south property line (facing Gobbi Street) be considered as the parcel frontage for purposes of sign permits. However, the southerly property line is not fronting Gobbi Street, it is fronting a 219 feet strip of State right-of-way ranging in width from approximately 35 feet to 50 feet. PUBLIC HEARING OPENED: 7:44 P.M. Reg. Mtg. July 5, 1984 Page 2 16 Pat Riley, representing J & L Signs, 437 Corelli Street, Santa Rosa, CA stated this parcel has a unique design in that it fronts on the State right-of-way. Han W. Park, owner of property, Salinas, CA presented the economic side of the problem. He explained with the lack of signage there is no exposure to the freeway. Mr. Park requested the Council allow a sign large enough to be visible from the freeway. PUBLIC HEARING CLOSED: 7:53 P.M. M/S: Henderson/Kelley to approve Sign Variance Application No. 84-67 based on the findings that the property is unique in that it is allowed only 75 feet frontage on Orchard Street, and that it is not granting a special privilege to the owner of the property in that other similarly situated commercial parcels have signs that are in excess of this one, and there is no evidence that it would be detrimental to the health and safety of the area, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 7b. Appeal of Planning Commission Variance Application No. 84-66 From Furniture Emporium, 1420 S. State Street The Assistant Planning Director reported at its meeting of June 13, 1984, the Planning Commission denied a variance from the Sign Ordinance for a new projecting sign at 304 N. State Street. The applicant, James Gee, Manager of Furniture Emporium has recently taken over the building formerly occupied by Kinney's Gift Shop. The requested sign is 4' x 6' to enable the applicant to reuse the existing sign frame which extends over the public right-of-way by 6 feet. She explained upon sale of a business or other situation requiring modification to a sign, all signs or sign structures are to be made to conform to the Sign Ordinance. Section 3227-a states "Signs in commercial and industrial zones shall not overhang the public right-of-way in excess of four (4) feet. Staff recommends Council uphold the Planning Commission's action and deny the appeal. PUBLIC HEARING OPENED: 8:00 P.M. James Gee, 304 N. State Street, Ukiah, CA stated he was not aware the sign was not in compliance with the Sign Ordinance when his business first occupied the building. He feels the building has adequate frontage to have the six foot projection on the outside. He stated it would create a financial hardship for him if the variance application is not granted. PUBLIC HEARING CLOSED: 8:07 P.M. Discussion was had and concern was expressed regarding the possibility of creating a hazardous overhang on a public right-of-way. M/S: Hickey/Kelley to uphold the decision of the Planning Commission and deny the appeal as requested, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. The City Manager requested a Resolution received from the Housing Authority of Mendocino County calling for a public hearing on a proposed Cooperation Agreement be placed on the agenda as item 10e. RECESS: 8:18 P.M. RECONVENED: 8:28 P.M. Councilmember Kier left the meeting at this time. UNFINISHED BUSINESS 9a. Appointments to Historical/Architectural Preservation Ad-hoc Survey Committee Reg. Mtg. July5, 1984 Page 3 17 The City Manager reported the revised Resolution establishing the Historical/Architectural Preservation Ad Hoc Survey Committee includes the names of two additional volunteers who have expressed an interest and desire to be participants. He explained it also includes the name of Marilyn Dickens which the Council had previously included by minute entry. M/S: Kelley/Hickey to adopt the Resolution with the understanding that if there are additional volunteers they may be added to the Committee by future Council action, carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Councilmember Kier. 9b. Resolution Authorizin~ A~reement With County of Mendocino Regardin~ November Election The City Manager reviewed the Resolution which upon adoption will authorize an agreement with the County of Mendocino to consolidate the City election with the General Election in November to fill the City Clerk/City Treasurer positions. He explained the Resolution calls for the City to pay the actual costs associated with that consolidation. M/S: Hickey/Kelley to adopt the Resolution authorizing an agreement between the City of Ukiah and the County of Mendocino regarding the November Election, and in consideration of the services rendered the City of Ukiah is to pay the actual costs for the City's proportional share of the cost of the election, carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Councilmember Kier. 9c. Appointment to Committee Re~ardin~ Review of Char~es and Capital Investment Fees Mayor Myers appointed Jim Lohr to the Committee. Councilmember Hickey nominated Mrs. Pool. Councilmember Henderson nominated Ken Jones. Mayor Myers requested this matter be continued to the next meeting. No further action was taken. NEW BUSINESS 10a. Approval of Lease A~reement for Parkin~ - Mr. and Mrs. McCoy, Sky Ranch Christmas Tree Lot The City Manager reported at the end of 1983 the City proposed a new striping plan for East Gobbi Street which increased the capacity of the street to handle traffic. That new plan removed parking on both sides of Gobbi Street. At the time of its approval Mr. and Mrs. McCoy, owners of the Sky Ranch Christmas Tree Lot located at the intersection of Gobbi and Orchard Avenue, protested the loss of the on-street parking spaces adjacent to their business. As the City owns adjacent property, staff has discussed with the McCoys the possibility of a short term lease which would allow them to have off-street parking adjacent to their business. The result of those discussions is the proposed Lease Agreement under consideration by Council at this time. Staff recommends the Council authorize the Lease Agreement between the City of Ukiah and the McCoys for November and December 1984. Discussion was had concerning any changes or improvements to the property. Marshall McCoy, owner of Sky Ranch Christmas Tree Lot, 490 East Gobbi Street, Ukiah, CA stated he has no problems in understanding the Lease Agreement. He expressed his appreciation to the Council for the City's help in this matter. M/S: Kelley/Hickey to authorize the Mayor and the City Clerk to sign the Lease Agreement between the City of Ukiah and Mr. and Mrs. McCoy, carried by Reg. Mtg. July 5, 1984 Page 4 18 the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Councilmember Kier. 10b. Matter of Designation of Voting Delegate For League of California Cities Annual Conference Discussion was had regarding who would be available to attend the Conference. M/S: Kelley/Hickey to nominate Councilmember Henderson as the voting delegate to the League of California Cities Annual Conference with Mayor Myers as the alternate, carried by a unanimous voice vote. 10c. Authorize Routine Spending for Fiscal Year 1984-85 The City Manager reported as the City is entering the 1984-85 fiscal year without an approved budget it would be appropriate for the Council to authorize the continued routine spending for each of the appropriate City functions until such time as the budget document is approved by the City Council. M/S: Hickey/Henderson to authorize the continued routine spending for each of the appropriate City functions until the budget document is approved, carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Councilmember Kier. 10d. Approval of Contract Between City of Ukiah and Ukiah Valley Fire Protection District The City Manager reported the Ad-hoc Fire District Contract Committee has tentatively completed their negotiations for a new four (4) year contract. The contract does provide that the Fire District will pay their $25,500 deficit to the City of Ukiah. It is the City Manager's understanding that they will be meeting next Tuesday to consider this. Mayor Myers explained with the finalization of the contract the Ad-hoc Committee to the Ukiah Valley Fire Protection District will cease to exist. M/S: Hickey/Kelley to approve the contract between the City of Ukiah and the Ukiah Valley Fire Protection District, carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Councilmember Kier. 10e. Resolution Calling for a Public Hearing on a Proposed Cooperation Agreement with the Housing Authority of Mendocino County The City Manager reported staff received a Resolution at 4:30 p.m. this date calling for a public hearing on a proposed Cooperation Agreement with the Housing Authority of Mendocino County, and providing for the giving of public notice of said hearing. Along with the Resolution he received the Cooperation Agreement for review. M/S: Hickey/Kelley to adopt the proposed Resolution establishing July 18, 1984, 7:00 p.m. for a Public Hearing concerning a proposed Cooperation Agreement with the Housing Authority of Mendocino County, carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Councilmember Kier. COMMENTS FROM AUDIENCE No one wished to address the City Council at this time. CITY COUNCIL REPORTS Councilmember Henderson Reported she will be attending the League of California Cities conference for new members in Monterey next week. She will be taking brochures from the City of Ukiah Sun House for distribution. She reported the Grace Hudson Carpenter exhibit is in Monterey. Reg. Mtg. July 5, 1984 Page 5 19 Councilmember Kier Absent Councilmember Hickey Reported last Tuesday he attended a conference to appoint LAFCO members. The Mayor of Fort Bragg and the Mayor of Point Arena was appointed to LAFCO. Councilmember Kelley None Mayor Myers Reported he received notice from the League of California Cities that Senator Barry Keene voted in opposition of SB 1440 which has to do with collective bargaining. He requested the Council send a letter to Senator Keene acknowledging his stand concerning this matter. M/S: Kelley/Hickey to send a letter to Senator Barry Keene acknowledging his vote in opposition of SB I440, carried by a unanimous voice vote. He also reported Plowshares is looking for housing for their establishment. Mayor Myers reported he had a nice vacation but that he is glad to be back and ready to go to work on the budget. CLOSED SESSION Adjourned into closed session at 8:57 p.m. to discuss personnel and pending litigation. No action was taken. ADJOURNMENT There being no further business, the City Council adjourned at 10:20 p.m. Faye McAfee Recording Secretary Reg. Mtg. July 5, 1984 Page 6