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HomeMy WebLinkAboutMin 03-20-02MINUTES OF THE UKIAH CITY COUNCIL Regular .Meeting Wednesday, March 20, 2002 The Ukiah City Council met at a Regular Meeting on March 20, 2002, the notice for which had been legally noticed and posted, at 5:37 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Larson, Smith, Libby, Baldwin, and Mayor Ashiku. Staff present: Public Utilities Director Barnes, Community Services Director DeKnoblough, Assistant City Manager Fierro, City Manager Horsley, City Attorney Rapport, Public Works Director Steele, Planning Director Stump, and City Clerk Ulvila. ADJOURNED TO CLOSED SESSION: 5:38 p.m. *b. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9 (1 Case) Councilmember Baldwin arrived at 5:39 p.m. , No action taken by Council. Reconvened: 6:33 p.m. 2. PLEDGE OF ALLEGIANCE Councilmember Baldwin led the Pledge of Allegiance. 3. PROCLAMATION 3a. Supporting the 64th Annual Redwood Region Logging Conference in Ukiah Mayor Ashiku read the Proclamation and urged all citizens to attend the 64th Annual Redwood Region Logging Conference to be held at the Redwood Empire Fairgrounds, March 21-23, 2002. John Peaslee and Katherine Ziemer accepted the Proclamation on behalf of the Redwood Region Logging Conference and its Board of Directors. They thanked the City for its support and invited everyone to attend the conference. 3. INTRODUCTION 3b. Introduction of Executive Assistant Shannon Riley City Manager Horsley introduced Shannon Riley as the City's new Executive Assistant, replacing Karen Yoast who recently moved to the Redding area. She comes to the City with excellent references, receiving top qualifying points from her past employers as providing a high level of administrative support, supervision, coordination of major projects, and having the ability to work with a variety of issues throughout the day. 4. APPROVAL OF MINUTES 4a. Regular Meeting of March 6, 2002 Councilmember Libby advised that, due to a malfunction, the last half of the meeting was not tape-recorded and the City Clerk relied on her notes to transcribe the minutes. Regular City Council Meeting March 20, 2002 Page 1 of 18 Councilmember Smith recommended a correction on page 8, the seventh paragraph should read "Councilmember Smith noted that upon listening to other constituents and considering the long period in which the building has been vacant, he does not want to spend any more public money on it." Councilmember Larson recommended a correction on page 8, fourth paragraph in which Mr. Rosenthall is speaking and that the second and third sentences should read, "It is estimated that the cost for the seismic retrofit would be about $4.5 million. He responded to questioning by Councilmember Libby with regard to what they would do if no money were available from the City, by stating that if the seismic retrofit should cost between $3 to $5 million, it would not be economically feasible to pursue this project." He also recommended a correction to page 9, second to last paragraph to read "Dave Hull, Ukiah property and business owner, was of the opinion that the City should not subsidize the restoration of the Palace Hotel". Councilmember Libby requested for the record that the question she asked be included on page 4, third paragraph: "If I referred to the refundings and called them refinancings would I be accurate in my terminology?" and Mr. Burnett answered, "Yes, refunding is refinancing". She also recommended that her comments on page 11, last paragraph, be included for the record so there would be an understanding of why she voted "no" on the refinancing. The following comments should replace the wording of that paragraph: "Staff is asking a yes vote on a $95 million refinance. This is not the first refinance. It is yet another refinancing. Refinancing and more investment are a way of life with the utilities, and these are points of major concern for me. Every refinancing is sold to the City as if it were a money saver, but it rarely is. There are usually upfront fees and right around the corner is always another investment. Our utility investment are way out of hand. I'm concerned we could be a train waiting to wreck. We need to put on the brakes. I would like to see us move away from the way things have been done. Sometimes things done at NCPA are right for others but not right for us. What is good for Palo Alto or Roseville may not be good for Ukiah. I am going to cast a "no" vote. This isn't about a single refinancing. It is about a continual patter of refinancing, coupled with more investments that are burying our ratepayers. I would like to see a change of direction in our thinking". M/S Smith/Libby approving the Regular Meeting Minutes of March 6, 2002, as amended, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 5. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 6. CONSENT CALENDAR M/S/Smith/Larson approving items a through d of the Consent Calendar as follows: a. Approved Disbursements for Month of February 2002; Regular City Council Meeting March 20, 2002 Page 2 of 18 b. Rejected Claim for Damages Received from Julia D. Acevedo and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; c. Approved Energy Conservation Program Personnel Changes; d. Received Notification to the City Council Regarding Emergency Repairs to Fire Engine (//6584) in the Amount of $15,442.12 by Stewart & Stevenson. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Judy Pruden, 304 South Hortense, Ukiah, referred to comments made by some Councilmembers at the last meeting in which.they used the term of "my constituency". She was of the opinion that Council holds a non-partisan office and there are no district boundaries except the City Limits of Ukiah. Steve Harm, 825 Pomo Drive, Ukiah, thanked City Manager Horsley, Mayor Ashiku, and Councilmembers Baldwin and Smith for responding to his email. He requested that Council consider changing the collection rules for utilities. Mayor Ashiku noted that the City Manager would work with Mr. Harm on this issue. Mark Friedman, State Coordinator for the American Red Cross in California, presented a Certificate of Appreciation to the City of Ukiah for the support it has shown for the American Red Cross. Mayor Ashiku accepted the Certification of Appreciation on behalf of the City. He noted that the City also expresses its appreciation to the American Red Cross for all it has done for the Ukiah community. 9. UNFINISHED BUSINESS 9a. Approval of $4,000 Allocation and Budget Amendment to Plowshares for Meals-On-Wheels Program City Manager Horsley advised that at the March 6, 2002 meeting, Council directed Staff to return with a budget amendment of $4,000 for the Plowshares Meals-on-Wheels Program. Plowshares have recently assumed the obligation of the Senior Citizen Center's home delivery program, and through aggressive volunteer efforts, have been able to reduce the cost by half. Staff has identified the availability of $4,000 in unspent funds within the Community Outreach Public Information Services Budget. M/S Smith/Larson approving a donation in the amount of $4,000 to Plowshares for the Meals-on-Wheels home delivery program and amendment to the 2001-2002 budget. Mayor Ashiku expressed his appreciation to Plowshares for rescuing the program and for all their hard work. Councilmember Libby recommended that any new information concerning the Senior Citizens Center be forwarded to Council. Regular City Council Meeting March 20, 2002 Page 3 of 18 Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby,' Baldwin and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 9. UNFINISHED BUSINESS 9b. Adoption of Ordinance Amending Ukiah City Code to Establish Special Rules for Electrical Service to Hard to Serve Areas City Clerk Ulvila advised that at its March 6, 2002 meeting, Council introduced an Ordinance establishing special rules for electrical service to hard to serve areas by a three to two vote of Council. A summary of the proposed Ordinance has been published in the newspaper and the Ordinance is now being presented to Council for adoption. M/S Libby/Smith adopting Ordinance No. 1035, Adding Article 6 to Chapter 7 of Division 4 of the Ukiah City Code establishing special rules for electrical service to "hard to serve areas". Councilmember Larson clarified that the concerns he expressed at the previous Council meeting are not a reflection of any trust issues that he has with any City staff. His objections and concerns were more based on previous City Managers and the potential in the future, for when the current City Manager is no longer with the City that the situation could occur again. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin and Mayor Ashiku. NOES: Councilmember Larson. ABSENT: None. ABSTAIN: None. 9. UNFINISHED BUSINESS 9c. Reconsideration of Renewal of Airport Lease with Ukiah Wholesale Lumber City Manager Horsley advised that staff is recommending the matter be postponed because it is not ready for consideration at this time. 10. NEW BUSINESS 10a. Consideration of Ford Street Project Request for Waiver of Rent for Homeless Shelter at 1800 North State Street (North Fire Station) in the Amount of $250 Community Services Director DeKnoblough advised that a homeless shelter has been in operation at the North Fire Station since November 2001 and the lease expires in April 2002. Staff received a request from the Ford Street Project to waive the rent for the use of the North Fire Station as a homeless shelter for the last fifteen days of the shelter's operation. The amount of the request, based on the rent value of $500, would be $250 and would extend the use of the facility to April 15, 2002. Staff has been advised that the program possesses minimal funds to continue the shelter between April 1 and April 15 and is therefore requesting assistance. Councilmember Libby inquired if they are seeking funds for other things to extend through April 15th. Laura Golina DeLovato, Director of the Community Development Commission, explained Regular City Council Meeting March 20, 2002 Page 4 of 18 that the Commission is a partner with Ford Street in providing services to the homeless. Part of the funds that will keep the shelter open through April 15th are coming from a patchwork of funding sources that Ford Street has put together, including state, county and local funds. To her knowledge, Ford Street is not soliciting additional funds to extend the shelter, however, there are solicitations being conducted for various aspects of homeless services. M/S Larson/Smith approving Ford Street Project's request for waiver of two weeks rent at 1800 North State Street between April 1 and April 15, 2002 in the amount of $250; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 10. NEW BUSINESS 10b. Consideration of Request by the American Red Cross for Extension of Lease and Waiver of Rent and Utilities Community Services Director DeKnoblough advised that in October 2001, Council voted unanimously to waive $7,430 in arrears rent to assist the Mendocino County Chapter of the American Red Cross. Since that time the Red Cross has continued to experience financial difficulties and has gone through exercises in reorganization. Red Cross District Director Mark Friedman has indicated that Red Cross has made a commitment to continue to provide services in Ukiah and for the time being, those services will be coordinated out of the Lake County office. On March 12th, Mr. Friedman forwarded a letter to City Staff requesting financial assistance in the form of'a waiver of all obligations for rent and utilities. Although a $7,430 rent waiver was approved in September, Council declined to waive the utilities, which would have required a cash contribution to the Electric Utility or debt forgiveness from the utility. In addition, Mr. Friedman is requesting an extension of the lease for a period of two to four months and that it be a month-to-month rental agreement with rent and utilities waived or reduced, beyond the extension period, until such time as a relocation of the Red Cross operation can be completed or the City needs the facility for some other public use. City Manager Horsley noted that should Council decide to waive utilities, a determination would be needed as to whether the General Fund would pay for it or if it would be a debt from the Electric Utility. Mr. DeKnoblough recommended the lease be extended on a month-to-month basis with the condition that the Red Cross management present to the Council a report at the April 17 Council meeting concerning donations and assistance received from other local agencies, and that the request to waive the rent and utilities be deferred until that time. Mark Friedman, American Red Cross, explained that within the last 14 days, the Board of Directors of the Lake County Chapter of the' American Red Cross voted unanimously to become the custodial chapter for the Mendocino County unit. As a result, they have taken over all the management, administrative, and fiduciary responsibilities. As of April 1, they will be able to access donations that are received and be able to make decisions regarding payment of bills. When the Red Cross approached Council about six months ago, it was approximately $52,000 in debt and had about $20,000 in the bank. He reported that the Regular City Council Meeting March 20, 2002 Page 5 of 18 Chapter has reduced its debt to $22,000 and has between $8,000 and $10,000 in the bank. They have worked diligently to cut their overhead and to maximize their resources. This is inclusive of appealing to their national headquarters for a write off of nearly $6,000 in debt. The Red Cross doesn't have another facility to move to and it will be the responsibility of the Lake County unit to seek another facility that might be free or at a very Iow cost in overhead. They will also take responsibility for a fund raising program. He affirmed that the Red Cross has no intension of leaving Ukiah and that during this difficult interim period, the Red Cross has continued to offer six to tbn classes each month in life saving skills for the entire County. He explained that the largest population base is in Ukiah with approximately 70% of Red Cross services and expenditures being devoted to the Ukiah area. Councilmember Libby inquired about the office in Ukiah and if Red Cross has asked the Mendocino County Board of Supervisors for assistance with funding. Mr. Friedman explained that the Ukiah office serves all of Mendocino County and it has not had an opportunity to approach the Board of Supervisors. City Attorney Rapport explained that since Lake County has taken over the Mendocino Chapter, the City could agree to extend the lease and identify the party in the lease and the liability associated with it. M/S Smith/Baldwin approving extending the lease with the American Red Cross on a month-to-month basis and identifying the future lessee, and deferring the rent and utility waiver until April 17, 2002 with the expectation that Red Cross staff would provide Council a report concerning donations and assistance received from other local agencies at the April 17, 2002 City Council meeting. Discussion followed with regard to the motion and it was clarified that the motion defers the waiver for rent and utilities to the April 17, 2002 City Council meeting and does not forgive those fees at this time. Councilmember Larson expressed a need that the Red Cross should contact the other 80% of Mendocino County, since Ukiah has 20% of the population, and approach them to contribute their fair share of the contribution. Even though the City of Ukiah has only 20% of the population, it carries 100% of the burden. He felt the County and other cities that benefit from the services of the Red Cross should be approached with regard to contributing their fair share. Mark Friedman advised that the American Red Cross is eager to comply with the requirements set forth by Council, however, in order for them to make the contacts and be in a position to present some of their needs to other agencies within the County, more time may be needed. Tom Waters, Ukiah, noted one of the dangers that Council may get into is the situation of Regular City Council Meeting March 20, 2002 Page 6 of 18 being nickel and dimed to death by organizations around the County and perhaps Council should consider what resources already exist locally that may be able to fill a void that is left by any organization that cannot sustain. Councilmember Smith explained he is not consenting to modify the date set forth in the motion. He stated that, in response to Mr. Friedman's concern, part of the report to be presented on April 17th would be a plan to contact agencies with the hope that some of those agencies within the County could be contacted prior to April 17th. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 8. PUBLIC HEARING 8a. Acceptance of Western Hills Constraints Analysis Study Planning Director Stump advised that last fall, the City entered into a contract with Leonard Charles and Associates to prepare a Constraints Analysis and Buildout Study (Study) for approximate 496 acres located in the Residential/Hillside Zoning District. The Planning Commission reviewed the Study in a workshop setting and concluded that they liked the Study and recommended Council accept the Study formally. He stressed that the Study is not a regulatory or policy document but does contain information about the constraints to development that are present in the hillside area and provides some conclusions about what potential buildout means, based on those constraints. Public Hearing opened: 7:30 p.m. Jan Moore, 1021 W. Perkins, raised a question concerning identification of archeological sites that was not found in the Study. She also did not find any information related to City boundary issues that would be resolved by the study. She referred to a City owned 16- acre parcel situated within the City Limits, and south of the designated area, that was not included in the Study. Mr. Stump advised that he and Mr. Charles had discussed archeological sites and felt they would not be able to obtain that confidential information for the public document. However, they are committed to transmitting discretionary review projects to the Northwest Information Center at Sonoma State for review and this will be incorporated into the regulations. Staff will not only look at areas that are in the City Limits and steep, but those areas that are within the District that are flat and perhaps don't fulfill the criteria for being in the District. This will all be covered in the Ordinance. Linda Sanders, Robert Weara, Al Beltrami, and Susan Fritz, Ukiah, spoke to the issue of fire danger and buildout. Public Hearing Closed 7:42 pm Discussion followed relative to buildout based on the City's current hillside/slope density formula. The issue of constructing firebreaks on private property was discussed as well as the issue of CDF providing CEQA review on fire trails. Regular City Council Meeting March 20, 2002 Page 7 of 18 M/S Libby/Larson accepting the Ukiah Western Hills Constraints Analysis Study. Councilmember Baldwin expressed his appreciation for Mr. Charles' work and noted the Catch 22 issue in that, in order to protect dwellings from a fire, an area has to be cleared which makes them more visible to the entire valley. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 8. PUBLIC HEARING 8b. Adoption of Resolution Approving Community Development Block Grant (CDBG) Application for Ukiah Valley Cultural and Recreation Center Design Phase Assistant City Manager Fierro advised that over the past three years, staff, with City Council direction and input, has been cooperating with the Board of Directors of the Ukiah Valley Cultural and Recreation Center (UVCRC) in their efforts to construct a community facility. He described the project, as noted in the Staff Report. Mendocino County awarded the UVCRC Board of Directors $1 million of Federal Tobacco Fund monies for the development of the center. Dr. Marvin Trotter, member of the Board of Directors of the UVCRC, discussed the design and layout of the facility. He discussed security features and noted that the facility would be designed for both day and night use. He discussed funding of the project and noted they have a goal to acquire $3.5 million by July 15, 2002. If their funding goal is accomplished by July 15th, it would allow them to have approximately 80% of the funds needed to complete the project and could easily proceed with the construction of the school. He continued to discuss the CDBG grant and noted that $3.5 million would ensure that they could have the main structure and the gym completed, and have over a year to continue to raise funds so that they could open at the same time as the school. He continued to discuss their fund raising efforts and noted anyone wanting to participate as an "angel" can donate $5,000 over a three-year period and their name will be placed on the bronze plaque. During the past five weeks, $75,000 has been pledged as "angels". Debra Mead, Executive Director of the UVCRC, explained that for the purpose of this CDBG, the $1 million would be specifically for the multi-use community facility portion and would not include the gym. HCD is very focused on the Boys and Girls Club and the after school activities for Iow-income families. Dr. Trotter explained that he is a Public Health Department officer and that this project was started as a prevention measure. They hope to have Public Health, Big Brothers and Big Sisters, the Youth Project, and several other organizations use the facility in the numerous offices built into the project. Mendocino College is supportive and would like to offer college classes to the population that is unserved by Mendocino College since there is no bus service to the College after 6:00 p.m. They also hope to have a Public Health nurse available on the site. Public Hearing Opened: 8:05 p.m. Regular City Council Meeting March 20, 2002 Page 8 of 18 James Mulheren, Ukiah, pledged $5,000 towards the project. Mary Lindley, 700 E. Gobbi, Ukiah, suggested that the kitchen in the multi-use area be able to accommodate use by large groups. Roy Smith, Ukiah, advised that he had a conversation with the Director of the California Human Development Corporation who was 'unable to attend this meeting. He wanted it known that his organization, which' also serves the Hispanic community locally, is very supportive of this project because so many of the people they work with live in the neighborhood. Rick Piffero, Redwood Valley, commended Dr. Trotter for his efforts and felt it is a great project. He stated that he and Dave Hull would pledge $5,000 towards the project. Marlene Weara, #2 Lookout Drive, Ukiah, noted that there was some discussion concerning the Redevelopment Agency being involved in a project located in the area of the UVCRC and wondered how it relates to this project. She also inquired if the Agency could donate funds toward this project. City Manager Horsley explained that the Redevelopment project is located north and south of the City and most likely will not be completed before the UVCRC project is finished. Public Hearing Closed: 8:10 pm Councilmember Baldwin expressed concern with the project's ability to serve targeted income groups or Iow and moderate-income individuals. Dr. Trotter explained that there is no question that this is a Iow income are of the City and that having activities every day after school, on weekends, and during the summer at no or Iow cost will have an enormous impact on the targeted income group. Councilmember Baldwin expressed his concern with ongoing funding each year after they succeed in getting the facility built. Dr. Trotter explained that the school now has agreed to prepare the site development and landscaping, the UVCRC has the first year's budget in its initial fundraising. He stated that they have had a great deal of success in fundraising efforts in the community and it was his estimate that it will cost $220,000 to $250,000 to operate yearly. He continued to discuss fundraising efforts, applying for grants, and funding available for after school programs. He explained that the Board's priorities would be to meet the needs of the neighborhood. Mayor Ashiku noted the generosity of the community in contributing toward the facility and expressed his confidence in Dr. 'l'rotter's involvement. Councilmember Libby stated that she has been on the Executive Board of Directors for Regular City Council Meeting March 20, 2002 Page 9 of 18 about three years and noted the accomplishments of the Board are due to the countless hours and dedication of its members and their vision for this project. She felt the facility will have a huge impact on the south end of town and will compliment the new Grace Hudson School. M/S Libby/Smith approving Resolution 2002-31, approving an application for funding from the General/Native American Allocation of the State Community Development Block Grant (CDBG) Program and authorizing the execution of a Grant Agreement and any amendments thereto with the State of California for the purposes of this grant. Councilmember Baldwin advised that he would support the project, however, he expressed concern with ongoing funding and the number of non-profit organizations competing for the same dollars within the.community. He felt that at some point, a recreational district, with a tax base, might be necessary to continue the program for the future. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. Recessed: 8:25 p.m. Reconvened: 8:35 p.m. 10. NEW BUSINESS 10c. Discussion and Direction Concerning Preliminary Draft Revisions to the · Airport Industrial Park (ALP) Industrial/Mixed Use Regulations Planning Director Stump explained that on February 13, 2002, the Planning Commission discussed a preliminary approach to revising the regulations for the Industrial/Mixed-Use area in the Airport Industrial Park (ALP) and directed staff to prepare draft regulations for the formal review and public hearing process. The area encompasses approximately 30 acres west of Airport Park Boulevard, and south of Commerce Drive. In 2001, the City Council directed staff to reevaluate the regUlations for the Industrial/Mixed Use Land Use Designation in the AlP. In response to this direction, the Planning Commission conducted two workshops to discuss alternative approaches to revising the regulations. However, the Planning Commission cautioned staff that any such approach would need to have strong design and site planning standards. Recently staff approached the Planning Commissioner to confirm their conclusions about a conceptual performance zoning approach and to introduce the new Commission members to this project. The Planning Commission supported the Preliminary Approach, document provided by staff. He requested Council consider the Planning Commission's recommendation on the project, provide direction to staff to pursue this approach and put it into Ordinance form, and then bring the Ordinance through the public hearing process. Councilmember Larson noted that due to the Airport overlay zoning and its restrictions, the land south of Commerce Drive appears to be less vulnerable to any impacts incurred from the Airport but requires lower density residential uses than the area north of Commerce Drive that is located within the flight path of departing aircraft. He inquired if this is a contradiction to the Airport Master Plan and if the Plan needs to be revisited if the Regular City Council Meeting March 20, 2002 Page 10 of 18 City were to pursue housing as an element of the proposed zoning. Mr. Stump explained that there is a possibility that the Airport Master Plan would need to be reviewed since density is a major constraint to development in the proposed Mixed Use area. He discussed the difficulty of understanding how the Airport compatibility zone lines are drawn. Councilmember Larson also inquired if the proposed zoning designation would affect labor-intensive industry. Mr. Stump explained that density refers to the number of people per acre, regardless of the land use. Upon inquiry by Councilmember Libby, Mr. Stump went on to clarify Mixed Use zoning that includes commercial businesses with residential units above, or other such combinations. He further clarified the boundaries of the Redwood Business Park and the Airport Industrial Park. Councilmember Baldwin noted the Planning Commission's concern with lighting and inquired if the high intensity lights would be allowed. Mr. Stump responded negatively and noted that staff is concerned about lighting for every development in the City. The Planning Commission reached a unanimous consensus that they did not want bright lights that spill over the property lines and an additional concern of lighting conflicts with the Airport. Councilmember Baldwin inquired if staff is aware of any community mandating that the structure of a single story building be sufficiently built in strength so that, at a later date, a second story for residential use could be constructed. Mr. Stump advised that he was not aware of that concept being mandated in other communities, however, he will research the matter for future reference. Councilmember Baldwin inquired if light industry is compatible with "upscale" inns or "upscale" restaurants. Mr. Stump explained that the composition of light industry has changed in the last 30 years, where now light industry may include sound walls and landscaping to allow compatibility with hotels and restaurants if done properly. Mayor Ashiku was of the opinion that the performance based zoning allows for maximum flexibility and is a sound approach. With regard to an ordinance requiring two-story construction, there may be problems associated with the project to anticipate further parking, and plans for more intense use. He recommended that language could be included to encourage consideration for future expansion in any project and flexibility in the ordinance that could accommodate parking and circulation. Councilmember Libby inquired if neon signs would be allowed. Regular City Council Meeting March 20, 2002 Page 11 of 18 Mr. Stump explained that the matter of neon signs came up at a Planning Commission meeting and there was no consensus about their use. However, the Planning Commission expressed some concern with regard to the vagueness of the language. Councilmember Larson explained that since this zoning requires compatibility, it would also require more discretionary review as a trade-off for the market driven aspect of the zoning. Consensus of' Council was for staff to move forward with the project of drafting an ordinance. 10. NEW BUSINESS 10d. Approval of the Preparation of a Traffic Study for the Revisions to the Airport Industrial Park Industrial/Mixed Use Regulations and Budget Amendment Planning Staff has been preparing revisions to the Industrial/Mixed-Use regulations in the Airport Industrial Park (ALP) Planning Development. The approach to revising the regulations, as recommended by the Planning Commission, would allow industrial, commercial, and professional office development on these parcels, or any combination of the three. It would also permit some limited residential opportunities. Staff has determined that if the Preliminary Approach is endorsed by the City Council, it will be necessary to have a Traffic Study prepared to evaluate the potential traffic implications resulting from full industrial, commercial, or professional office development, and some residential development. . M/S Larson/Smith approving the preparation of a Traffic Study for the AlP Industrial/Mixed-Use regulations revision project and approve an amendment to the 2001- 2002 Budget allowing a transfer of $8,000 from the Equipment Reserve Fund (698) to the General Fund (100) and increasing Expenditure Account 100.1501.250.000 by $8,000 for the AlP Traffic Study, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 10. NEW BUSINESS 10e. Al~l~roval of Contract with Rau and Associates for Project Manager Service_~ for the Civic Center Wing Addition Community Development Direction DeKnoblough advised that staff is in the process of finalizing the construction detail plans for the Civic Center Addition Project in preparation of issuing a Notice to Bidders. In order to assist staff with the finalization of the plans, and coordinate effective construction management of all phases of the project, staff is recommending a construction manager be retained. A sole source proposal was received from Rau and Associates who responded with a proposal not to exceed $51,000 for the duration of the project. The primary person to act as project manager is Mr. Alan Breese and staff has met with him to discuss the project. The purpose of the proposed contract is to expedite the construction and efficiently manage project costs. Discussion followed with regard to the City hiring Rau and Associates for other projects and that the firm would provide a measure of accountability. Regular City Council Meeting March 20, 2002 Page 12 of 18 Councilmember Libby inquired if the expenditure for the project manager was budgeted in the cost of the new addition. Mr. DeKnoblough explained that although the expenditure is not a line item identified in the budget, it was included in the general identification of expenses for the project. M/S Smith/Larson approving the contract with Rau and Associates for project management services in the amount not to exceed $51,000, carried by the following roll call vote: AYES: Councilmembers Larson,.Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 10. NEW BUSINESS 10f. Discussion of Water Issues and Planning for Future Needs Forum City Manager Horsley advised that there are many important water issues being considered by the various agencies within Mendocino County, many of which will affect the City of Ukiah both operationally and fiscally. Operationally one of the aspects of the impacts of several things that are going on is Section VII, related to fish habitat and the Eel River and Potter Valley situation. She recommended that Council authorize the Mayor to send a letter to the Mendocino County Board of Supervisors, Inland Water and Power Commission, Flood Control District, and the water districts inviting their board members to attend a joint meeting with the Sonoma County Water Agency so that the Water Agency staff can describe the mitigations and possible costs and funding sources, based on some of their projects which may likely be the same types of things that will be required in the Mendocino County area. The City is also concerned that we need to be looking to the future and if there are going to be funding issues, they should be discussed now. Since other agencies have not been discussing this matter, City staff feels it may be something that the City would host in order to initiate this forum. Mayor Ashiku stressed the importance of informing the City's partners in the Ukiah valley about this issue. He commended Janet Pauley as a public member who works hard to advance the interest of the community. He felt the City might need to take a leadership role to facilitate the meeting. M/S Larson/Smith authorizing the Mayor to send a letter to the recommended agencies to attend a joint meeting with the City Council and Sonoma County Water Agency, Councilmember Baldwin expressed a need to know the motives of the groups behind the effort for massive amounts of new sources of water. There is also a need to know if it is in the best interest of the City. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 10. NEW BUSINESS Regular City Council Meeting March 20, 2002 Page 13 of 18 10g. Introduction of Ordinance by Request of the Ukiah Unified School District to Prohibit Skateboards on School District Property and Adoption of Resolution Designating School District Sites City Manger Horsley advised that the Superintendent of Ukiah Unified School District has requested the City Council to make clear that the prohibition of skateboard use applies to School District property within the City of Ukiah. The District has determined that skateboard use on its school grounds disrupts its educational programs and causes undue damage to school district property. To implement this request, an ordinance amending Ukiah City Code Section 6180 to make it clear that public property includes property owned by Ukiah Unified School District is necessary. The School District is also requesting that the City Police Department be allowed to issue tickets in School District parking lots. She discussed the matter with the Police Chief and they do not foresee a problem with the request. Justin Capri, Ukiah, was under the impression that kids currently receive tickets when skating on School District property. He felt that harsher punishment to skateboarders using school property is a bad idea. City Manager Horsley explained that the proposed ordinance would not change what is currently in place. City Attorney Rapport explained that the penalty for violating this ordinance is considered an infraction and the penalty is a fine, which is increased according to the number of offences. Councilmember Larson expressed concern that the ordinance does not allow for any non-nuisance or skateboarding as a form of transportation. City Attorney Rapport discussed leaving enforcement to the discretion of the enforcement officials. He continued to discussed the ordinance as it is currently written in which it stipulates that the City must pass a resolution identifying the public property on which skateboarding is prohibited. Councilmember Libby noted that in speaking with Dr. Brawley, he expressed concern for the destruction of school property and the liability for the School District when skateboarders use their property. Councilmember Baldwin advised that, as a teacher, he is aware that signs are posted on school property restricting skateboarding. Schools have many rules and regulations for students and there are various disciplinary actions for students that violate those rules. He felt the issue here should be trespassing or refusal to leave, if they wanted police assistance. He felt the proposed ordinance and resolution is redundant and that it would mean that a student could be punished by two jurisdictions, which is a form of double jeopardy. City Attorney Rapport advised that the courts have held that when you are being prosecuted by more than one jurisdiction, it is not double jeopardy. Regular City Council Meeting March 20, 2002 Page 14 of 18 Discussion followed with regard to rules imposed by schools both during and after school hours. Mark Hedges, Justin Capri, and Susan Fritz, Ukiah, spoke to the issue of citations being issued to skateboarders and the need for a skate park. Mayor Ashiku discussed an instance whereby he witnessed a police officer interacting with a number of kids who were skating and riding their bikes over planter boxes at the Plaza. The officer talked to the kids about the situation and they were aware that if they stayed off the planters and were not destructive, they would not be cited. He understood that going through the court system could be a negative experience. City Manager Horsley suggested that since it would be the School District that would be calling the police, perhaps some skateboarders could attend a School District board meeting and discuss the situation whereby some skaters use skateboards as a mode of transportation. The School District would have the authority to make that distinction. M/S Libby/Ashiku introducing Ordinance by Title Only. Councilmember Baldwin advised that he would vote "no" on the motion because rules relating to vandalism, trespassing, loitering, and disturbing the peace already exist and are sufficient. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, and Mayor Ashiku. NOES: Councilmember Baldwin. ABSENT: None. ABSTAIN: None. City Clerk Ulvila read the title of the Ordinance. M/S Libby/Ashiku introducing Ordinance Amending Ukiah City Code Section 6180 prohibiting skateboards on public property designed by City Council Resolution, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, and Mayor Ashiku. NOES: Councilmember Baldwin. ABSENT: None. ABSTAIN: None. M/S Smith/Libby adopting Resolution 2002-32, enacted pursuant to Ukiah City Code Section 6180, prohibiting skateboard use in school grounds of Ukiah Unified School District, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, and Mayor Ashiku. NOES: Councilmember Baldwin. ABSENT: None. ABSTAIN: None. 10. NEW BUSINESS 10h. Set Dates and Times for Fiscal Year 2002-2003 Budget Hearin_o City Manager Horsley advised that historically, the annual budget hearing has been held during the last week in June to meet the adoption deadline of June 30. Staff is recommending that Council set June 25 and 26 as the dates for this year since the regularly scheduled meeting of the Ukiah Valley Sanitation District is scheduled for 3:00 Regular City Council Meeting March 20, 2002 Page 15 of 18 p.m. on Wednesday, June 26. Discussion by Council followed with regard to the proposed dates. It was noted by Councilmember Smith that there is a MTA Board meeting on June 26th from 1:00-4:00 p.m. Consensus of Council was to schedule June 25th for budget hearings, meet on June 26th at 3:00 p.m. with the Ukiah Valley Sanitation District, and reserve June 27th if additional time is needed. 10. NEW BUSINESS 10i. Discussion of Council Committee Assignments--Mayor Ashiku Mayor Ashiku explained that he scheduled this matter on the agenda, however, due to some recent developments, he asked that each Councilmember contact him with regard to any assignments they would like to see changed or if they have any problems. The matter may then be rescheduled for the next meeting. Councilmember Smith expressed concern with some of the latest communications and inquired if Councilmember Baldwin would be available to attend an Ukiah Valley Sanitization District meeting on March 25 at 11:00 a.m. Councilmember Baldwin explained that he has not received very much advanced notice with regard to their meetings. Mayor Ashiku confirmed that he has also had notification problems with the District. City Manager Horsley advised that should Council continue to have problems with notification, they should contact her and she will take care of the matter. 11. COUNCIL REPORTS Councilmember Larson reported that he's been busy with the Ukiah Senior Center and noted that their board met recently and are putting the rear half of the property on the market. The property includes 12,000 sq. ft. of office space that will be available. They are formulating a six-month recovery plan to scale back to essential services, activities, and staff. They are working with the Erickson Foundation for temporary increase in staffing in the area of fiscal management and facilities management. He also reported attending the Mendocino County Employers Council's reception as well as an MSWMA meeting. Councilmember Smith reported that he attended the Mendocino County Employers Council reception. At the Main Street Board meeting there was discussion regarding wanting to meet with the City Manager concerning the rent and possible rent increase. Their recognition and installation is going to be a reception this year instead of a dinner on April 18. On March 22 he will attend the Employer Relations Policy Committee for the League of California Cities meeting in which there will be consideration of legislation regarding terrorism issues and funding to offset local costs for increased security measures. He requested Council's input as to how he should vote on these bills. AB 2000 concerns Terrorist Response Training, AB21 is Peace Officers Training on Terrorism, SB27 Regular City Council Meeting March 20, 2002 Page 16 of 18 is Emergency Services for Terrorism Training, and others related to training regarding response to terrorist acts. Although they are listed on the agenda for discussion, there is a potential they may call for a vote regarding a position to oppose, support, or to continue to watch each bill. He noted that the bills do not say how much money is involved. Consensus of Council was to continue to watch the bills and that Council needs more information with regard to costs involved. Councilmember Smith reported that on March 23rd he will attend the Redwood Empire Division meeting of the League of California Cities in Willits and will provide a report at that meeting concerning those bills. Tomorrow he plans to attend an Oversight Investment Committee meeting at City Hall. He also ,noted that if Councilmember Baldwin were unavailable to attend the Ukiah Valley Sanitation District meeting, he would attend in his place. Councilmember Libby reported she has been attending her regular committee meetings and attended the Mendocino County Employers Council reception. On March 22nd she will meet with Assemblywoman Virginia Strom-Martin for a site tour of the Grace Hudson School and the Recreation Center. Councilmember Baldwin reported attended the Mendocino County Inland Water and Power Commission meeting and noted the same issues were raised. P.G.&E. made an hour-long presentation about their long-range plans and most of the Commission members were extremely skeptical and nervous about those plans. It seemed as though the majority wanted to obtain the first right of refusal on the Potter Valley Project but the bankruptcy court doesn't want P.G.&E. to give anyone the first right of refusal because it supposedly lowers the value of the property. 12. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS City Manager Horsley advised that April is poem month and the City has had the Poet Laureate Committee working on the parameters regarding the responsibilities of the Poet Laureate for the City of Ukiah. The Committee is asking that Councilmembers read their favorite poem at the City Council meetings in April. Councilmembers Baldwin and Smith agreed to read a poem at the April 3, 2002 meeting. City Manager Horsley explained that the bins for Solid Waste Systems were distributed to customers this week. She has asked the Public Works Department to provide a presentation to Council regarding prioritizing their projects. There are many projects that are in the process of being completed and Council needs to be aware of them and assist in prioritizing them. Since it was noticed in the newspaper about the Depot pocket park, the City received two calls and a letter with some people offering donations and others offering to help build it. She reported that vandalism occurred to trees that were being planted near the Plaza. The crew had to clean up the mess and dig the holes again. She also reported that Eladia Regular City Council Meeting March 20, 2002 Page 1'7 of 18 Laines-Ganudlin has contracted to clean the two bottom floors of trash at the Palace Hotel. City Clerk Ulvila reminded Council that Statements of Economic Interests, FPPC Form 700, are due on April 2, 2002 in the City Clerk's office. She also advised that she will be out of the office from the afternoon of March 21 and will return on March 28. Tom Waters, Ukiah, advised that the City Council has a very professional staff and he has enjoyed working with them. Adjourned to Closed Session: 9:58 p.m. 13. CLOSED SESSION a. G.C. §54957.6-Conference with Labor Negotiator Employee Negotiations: Department Head, Electric, Fire, Management, Misc., and Police Units Labor Negotiator: Candace Horsley No action taken. b. Conference with Legal Counsel- Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9 (1 Case) No action taken. 14. ADJOURNMENT There being no further business, the City Council meeting was adjourned at'l 1:15 p.m. Marie Ulvila, City Clerk Regular City Council Meeting March 20, 2002 Page 18 of 18