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HomeMy WebLinkAboutMin 12-04-9627 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - December 4, 1996 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken. PRESENT: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. ABSENT: None. Staff Present: Customer Service Supervisor Archibald, Airport Manager Bua, Assistant City Manager Harris, City Manager Horsley, Associate Planner Lohse, Personnel Officer Revheim, Planning Director Sawyer, Senior Planner Stump, Senior Civil Engineer Woods, Executive Assistant Yoast, and City Clerk Giuntoli. 2. Invocation/Pledge of Allegiance Mayor Schneiter gave the Invocation, and Councilmember Shoemaker led the Pledge of Allegiance. w Approval of Minutes a. Regular Meeting - November 20, 1996 MIS MalonelMastin to approve the Minutes of the Regular Meeting of November 20, 1996 as submitted, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Mayor Schneiter. NOES: None. ABSTAIN: Councilmember Shoemaker. ABSENT: None. m Special Order of Business a. Adoption of Resolution Declaring Results of Municipal Election of November 5, 1996 and Swearing in Ceremony for Mayor Sheridan Malone, Councilmember Kristy Kelly, Councilmember Phillip Ashiku, and City Treasurer Allen Carter MIS Shoemaker/Wattenburger to adopt Resolution No. 97-39 Declaring Results of November 5, 1996 Municipal Election, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: None. City Clerk Giuntoli performed the swearing in of Mayor Sheridan Malone, Counciimembers Kristy Kelly and Phillip Ashiku, and City Treasurer Allen Carter. The new Council assumed their seats at 6:40 p.m., and roll was taken. PRESENT: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. ABSENT: None. 5. RIGHT TO APPEAL DECISION Mayor Malone read the appeal process. 6. CONSENT CALENDAR Mayor Malone noted staff had requested that the meeting time indicated in Item 6c be changed from 5:30 p.m. to 5:15 p.m. for the City Clerk interviews scheduled for December 18, 1996. MIS Mastin/Kelly to approve the Consent Calendar as follows: ao b. c. Adopted Ordinance No. 982 Amending the City Zoning Map to Rezone 21 Lots in the State Street Central rezoning area; Approved amendment to the Fiscal Year 1996/97 Budget for Solid Waste Disposal Site litigation expenses; Set date to interview City Clerk applicants for December 18, 1996 at 5:15 p.m. The motion carded by the following roll call vote: AYES: Counciimembers Ashiku, ,Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. Mayor Malone recommended that Item 10a be heard at this time, since it was not yet the 7:00 p.m. hour scheduled for the Public Hearing. Regular Meeting - December 4, 1996 Page 1 28 MIS AshikulKelly to move Item 10a, regarding the vacant City Council seat, to the front of the agenda, carried by an all AYE voice vote of the Councilmembers present. 10. lOa. NEW BUSINESS Discussion Regarding Vacant Council Seat, the Nomination Process, and Adoption of Resolution Appointing Councilmember to Fill the Unexpired Term of Sheridan Malone City Manager Horsley advised that it was necessary for the Council to determine the process for filling the vacant Council seat created by Councilmember Malone's election as Mayor. She defined the alternatives, which include the calling of a Special Election at an approximate cost of $8,000 to $10,000, appointing an individual selected from the existing candidate pool, or soliciting applications from the general public. She further advised regarding the nomination process, whereby the Mayor begins by nominating an individual, and if that nominee is not selected, the choice for nomination would then pass on to the next senior Councilmember. The Council may instead choose to follow the procedures for filling vacancies on City Commissions and Committees, whereby the Mayor moves to appoint a candidate and if that person is not chosen the Mayor continues to nominate candidates until a selection is made. Should the Council choose to nominate and select a Councilmember at this meeting, it must also adopt a resolution appointing the new member to the Council, with the swearing in ceremony to occur at the December 18, 1996 City Council meeting. Mayor Malone stated that, although this item did not require a public hearing, he would provide an opportunity for comments from the audience. No one came forward. Mayor Malone gave a brief review and history of the appointment process since the position of mayor became an elected one. He stated he felt the primary function of the Council is policy setting, and that the obligation to filling the vacant seat is to the larger community of 16,000 people. His personal opinion, based on his experience, is that the Council has no obligation to appoint a candidate who received the next highest number of votes in an election. Councilmember Mastin commented there were candidates who ran in the recent election who were not the top two vote getters, but were capable of filling a seat on the Council. He stated that he prefers to go forward after this meeting with a Council of five members, not four. Although there had been mention of opening applications to the general public, there are people who have made the effort, put their name and checkbook on the line, and the selection should be made from that candidate pool. Councilmember Kelly stated she did not support the idea of a special election. Although she was interested in having the Council at full strength, she preferred that an interviewing process occur pdor to the selection, and would support soliciting applications from the public if there was significant support for that idea. However, she would also support keeping the selection to within the candidate pool. Councilmember Ashiku stated he was in agreement with Councilmember Kelly, and that he felt the need for the interviewing process with the candidates, since he did not consider he knew all of them well enough to make a decision at this meeting. He further stated he was not open to having the Mayor select consecutive nominees, but would prefer to have the selection on a rotating basis. Discussion followed as the Council attempted to reach a consensus relative to making the appointment at this time or instituting an interview process prior to making a selection. Mayor Malone asked if the interview process would also include applicants from the general public. Councilmember Ashiku stated his preference would be to interview only the candidates; they made the effort and deserve the first opportunity. It the Council cannot reach consensus among that group, then the process can be opened to the public. Councilmember Mastin stated if there was a potential for not reaching consensus on the people who ran in the election and a possibility of seeking public applications, thero could be a six week or longer period in which they would be functioning with a four person Council. He further stated he was still unclear what was to be gained by prolonging the selection process; any questions should have been asked in the public forums. Councilmember Ashiku clarified that the candidates did not have the opportunity to question each other in the forums; they only responded to questions from, the public. The interviewing process Regular Meeting - December 4, 1996 Page 2 29 would take place with the public in attendance. MIS AshikulMalone to interview the candidates who submit themselves from the candidate pool for an appointment to the City Council. Councilmember Kelly spoke to Councilmember Mastin's concerns relative to delaying the selection process. City Manager Horsley explained that customarily during the public application process for City commissions, a set of questions is given to the applicants prior to their interviews, which they respond to in written form in preparation for discussion. A minimum of three weeks should be considered if the Council chooses this process to allow the vacancy to be publicized and applications to be taken. Discussion followed relative to what action the Council should take regarding the appointment, and the time frame involved. Councilmember Ashiku amended his motion to include opening the process to the public so that the selection for the vacant seat could be made from the largest possible pool of applicants. Mayor Malone seconded the amended motion. Councilmember Mastin stated he would support that position if the election had occurred more than a year ago. However, having just had an election last month, it would seem that if the public were able to select two people, Council should be able to select one person out of the existing candidate pool. The amended motion carded by the following roll call vote: AYES: ' Councilmembers Ashiku, Kelly, and Mayor Malone. NOES: Councilmember Mastin. ABSTAIN: None. ABSENT: None. Fred Schneiter, 700 West Perkins Street, was granted permission to speak, and voiced his concerns regarding the Council's decision. He stated he felt that opening the application process to the public was unfair to the candidates who ran in the election, and that the Council showed a lack of fortitude in decision-making. City Manager Horsley advised that staff will create an application for submittal to the public, advertise the Council vacancy, and set a three week deadline for return of the completed applications. She requested that Council submit questions they would like included on the application to her office as soon as possible. Mayor Malone urged the audience to participate in the City's governing process by making application to the various Commissions/Committees within the City. Discussion followed relative to how the nomination process would occur, wherein it was determined the current process of the Mayor making the nomination would continue unless the Council decided to change it. Chuck Williams, 3 Betty Street, suggested elimination balloting for the selection process. Kathryn Schapmire, 616 Leslie, urged the Council to make the appointment for the vacant Council seat based on the recent election results. am PUBLIC HEARING -7:00 P.M. Introduction of Ordinance Amending the City Zoning Map to Rezone 30 Parcels in the East Side Area, as Part of the City-Wide Rezoning Program Associated with Implementation of the Ukiah Valley General Plan Senior Planner Stump advised that Phase No. 7 of the city-wide General Plan rezoning program involves amending the Official Zoning Map to rezone 28 lots in the East Side area. Thirty lots were originally recommended for rezoning; however, it is now recommended that two of the lots be remanded back to the Planning Commission for fudher discussion. On November 13, 1996, the Planning Commission considered this phase of the rezoning program, and developed a series of recommendations for the Council. These recommendations include rezoning 27 parcels from" R-2" (Multiple Family Residential) to "R-3" ( General Multiple Residential), and rezoning the southern portion of Assessor's Parcel 3-582-27 from "R-2" to "R-3", and the northern podion of Assessor's Parcel 3-582-27 from "C-N" (Neighborhood Commercial) to "R-3." Regular Meeting - December 4, 1996 Page 3 30 Councilmember Mastin inquired regarding the Oak Manor Trailer Park, which the Planning Commission recommended not be rezoned from "R-3" to "R-2," and whether an "R-3" designation would be appropriate if there were no mobile home park on the parcel. Mr. Stump replied the mobile home park is compatible with the surrounding land uses. If another owner desired to develop the property with high density residential, the Planning Commission could do a good job of site planning for a high density project that would be as compatible to the parcel as - the trailer park is. Councilmember Mastin clarified that during the Growth Management hearings, the East Side area was designated as "R-2," and inquired why it was not designated "R-3." Mr. Stump replied the Minutes of the hearings do not reflect detailed discussion on the matter. PUBLIC HEARING OPENED: 7:20 p.m. Judy Pruden, 304 South Hortense, answered Councilmember Mastin, and explained that during the formulation of the General Plan, the land use was designated by how it was currently functioning. There were no future projections made, except regarding a few empty parcels. Discussion followed regarding land use designation and zoning issues relative to affordable housing. Phil Baldwin, 627 Willow Avenue, stated he was in support of the staff recommendations, since in the future there will be less urban land available for development within the City, and creative ideas for high density residential should be encouraged. PUBLIC HEARING CLOSED: 7:25 p.m. MIS KellylAshiku to introduce by title only the Ordinance Amending the Official Zoning Map for the City of Ukiah, California, rezoning 28 parcels in the East Side Area, carried by a unanimous voice vote of the Councilmembers present. City Clerk Giuntoli read the Ordinance by title only. MIS KellylAshiku to introduce the Ordinance Amending the Official Zoning Map for the City of Ukiah, California, rezoning 28 parcels in the East Side Area, carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, and Mayor Malone. NOES: Councilmember Mastin. ABSTAIN: None. ABSENT: None. 9. UNFINISHED BUSINESS. 9a. Set Date for Legal Workshop to Discuss City Council Legal Issues and Meetin~ Conduct and Protocol It was the consensus of the Council to schedule the legal workshop for Thursday, January 16, 1997 at 8:00 a.m., after a fifth Council member is seated following appointment at the regular scheduled meeting of the Council on Wednesday, January 15, 1997. 9b. Adoption of Ordinance Amending Section 1101 of the Ukiah Municipal Code Reducin~ the Number of Airport Commissioners from Seven to Five City Manager Horsley stated that on November 20, 1996, the City Council introduced the ordinance to reduce the number of Airport Commissioners from seven to five, and that it is now returned to the Council for adoption. Mayor Malone invited comments from the audience. No one came forward. MIS MastinlAshiku to adopt Ordinance No. 983 Amending Section 1101 of the Ukiah City Code Changing the Number of Members on the Airpod Commission. Mayor Malone voiced his lack of support for the ordinance, and explained the new policy of having applications available to the public at all times for appointment to the City's Commissions and Committees. He stated he felt that the more individuals are involved in the Commissions, the more exposure it provides to the community at-large. Although it has been difficult to secure volunteers for these positions, it is within the realm of this Council to solicit individuals who are willing to serve. Even though the larger number of members make conducting business unwieldy, it is more inclusive of community perspectives. Regular Meeting - December 4, 1996 Page 4 31 Councilmember Mastin voiced his support for the ordinance, and stated he felt all of the City's commissions should be reduced to five members. Councilmember Ashiku expressed his agreement with Councilmember Mastin, and stated he felt commissions of fewer numbers are more efficient and likely to be composed of well qualified individuals who are not appointed merely to fill a vacancy. The motion carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, and Mastin. NOES: Mayor Malone. ABSTAIN: None. ABSENT: None. 11. CITY COUNCIL/REPORTS Councilmember Kelly advised that Dr. Marvin Trotter, Public Health Office for Mendocino County, has been active in gathering community groups together and developing funding for the proposed Ukiah Valley Arts and Recreation Center. The General Plan mentions a public non-profit corporation being formed to construct the building; however, the formation of a private non-profit corporation is now being considered, with the idea being that it might continue to oversee the operation of the Center. Councilmember Mastin advised the two new council members that this portion of the agenda was an appropriate time to report on the other Council appointed Commissions and Committees on which they will be serving. He then reported that Mendocino Transit Authority (MTA) had met in Fort Bragg on November 21, and discussed Transportation Development Act (TDA) excess funds of approximately $171,000. MTA put in a claim for the entire amount, and submitted a revised list of unmet needs to Mendocino Council of Governments (MCOG), which included more funding for the senior centers. MCOG funded approximately $66,000 for the Ukiah, Redwood Coast, Willits, South Coast, and Anderson Valley centers, but did not fund the $88,000 requested for redoing MTA's underground fuel tank, or the $18,000 to reinstate services in Ukiah, Fort Bragg, and Willits that were eliminated during prior budget cuts. There is a move to support the cities turning all of the funds over to MTA, which Fort Bragg and Willits have already done, and there will be a request coming to this Council that it assign the money to MTA to use for transportation projects. He further reported that Economic Development and Financing Corporation (EDFC) met, and will be looking for an interim director to complete the balance of the fiscal year. The expectation is that EDFC will be continuing, and looking to other cities within the county to contract for services. Mayor Malone advised that on February 1, 1997 there will be a joint division meeting and rail workshop at the Ukiah Valley Conference Center, with the Northern California Redwood and North Bay Regions of the League of California Cities, the North Coast Railroad Authority Board, and other interested transportation bodies. He further advised that former Council members Schneiter and Shoemaker are meeting with new Councilmember Kelly to discuss the Council appointments on various local boards and commissions. Councilmember Kelly stated she wanted to acknowledge that the Ukiah Valley Arts and Recreation Center received a commitment of $25,000 a year for four years from the County Board of Supervisors. She further advised there will be a forum regarding a proposed skateboard park at 7:00 p.m. on Tuesday, January 21, 1997, in the Ukiah High School cafetorium. She recommended scheduling a financial workshop for the entire Council, and adding a review of the City's finances as a regular monthly agenda item. City Manager Horsley requested that staff be apprised of the questions Council wished to ask regarding the finances, so the answers could be researched and staff prepared for the Council's discussion at a meeting. 12. CITY MANAGER/DEPARTMENT HEAD REPORTS City Manager Horsley distributed the Council/Committee Assignments list and suggested the Council wait until the new Councilmember was seated before making the various appointments. Supervisor-elect Shoemaker was recognized at the podium, and offered his congratulations to the new Council. He stated that as Supervisor of the 2nd District, he hopes to have a working relationship with the Council as no other supervisor has had in this area. He has enjoyed serving on the Council, and has great faith that these individuals will do an excellent job. 13. CLOSED SESSION No closed session was held. Regular Meeting - December 4, 1996 Page 5 32 14. ADJOURNMENT MIS MalonelMastin to adjourn the regular meeting of December 4, 1996 carried by an all AYE voice vote of the Councilmembers present. There being no further business, the meeting was adjourned at 7:52 p.m. to the regular adjourned meeting scheduled for December 18, 1996. Marg~ Giun~li, C~y C-~erk b:cc120496.min Regular Meeting - December 4, 1996 Page 6