HomeMy WebLinkAboutMin 02-19-9767 MINUTES OF THE UKIAH CITY COUNCIL Regular Adjourned Meeting - February 19, 1997 A regular adjourned meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, began at 5:02 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California, with Councilmember Chavez and Mayor Malone present. Also present were Planning Commissioners Chiles and Correll. Staff present: Recording Secretary Giuntoli, City Manager Horsley, Associate Planner Lohse, Planning Director Sawyer, Senior Planner Stump, and City Clerk Henderson. Councilmembers Kelly and Mastin, City Attorney Rapport and Planning Commissioner Puser joined the meeting at a later time. 2. Special Order of Business: Planning Topic and the Decision Making Process 2a. Planning Department Organization Planning Director Sawyer outlined the agenda for the meeting. He presented an overview of the Planning Department, the personnel responsible for various planning matters and the budget for the department. 2b. The General Plan. Mr. Sawyer described the General Plan adopted in 1995 as a "blueprint" for community development, being multi-jurisdictional and consisting not only of the seven elements mandated by State law, but of seven others which deal with planning matters important to the residents of the Ukiah Valley. Mr. Sawyer addressed the General Plan, emphasizing the requirement for internal consistency. The City's General Plan has themes running throughout the elements, such as the preservation of agricultural lands on the east side of Highway 101. Director Sawyer spoke to the priorities listed in the General Plan, some of which include extension of Orchard Avenue to the north, stream and creek enhancement, and protection of the Airport from urban encroachment. 2c. ~9_Q[Qg Senior Planner Stump spoke to zoning as a tool to "finely tune" the General Plan. He addressed the need for proper zoning to regulate land use in order to protect the health and safety of the community. The current City rezoning project is now necessary to bring the City's zoning into conformance with the new General Plan. The Planning staff addressed Mayor Malone's questions regarding zoning changes, explaining four are allowed each year with subsequent requests grouped together as General Plan Amendments. 2d. Discretionary Review and Planning Permits Associate Planner Lohse reviewed the permit process, including the various types of permits needed for individual projects. He noted in most cases Planning staff will review and apply standard conditions and often recommend modifications or special conditions in order to help an applicant receive a permit. He emphasized the Planning staff assists applicants as much as possible in the preapplication phase of a project, so that stumbling blocks are removed early to allow permits to be easily processed after application fees are paid. He credited the Project Review Committee as being of great value to the permit process by bringing all factions of a project together at one time to coordinate services. Mr. Sawyer addressed the matter of California Environmental Quality Act (CEQA) mandated findings of fact on certain projects and the legal requirement that the findings be well adiculated. City Attorney Rapport expanded on the standards that must be followed. Regular Adjourned Meeting - February 19, 1997 Page I 68 2e. California Environmental Quality Act {CEQA) Mr. Stump briefly outlined CEQA. He explained the purpose of the Act is to be an informational tool for government decision makers regarding land usage and the impact of that usage on the environment. He explained the steps used by staff in the permitting process to ensure that CEQA is followed. He also explained cases in which a negative declaration of environmental impact is issued and the instances in which mitigating measures are implemented in order for a project.to comply with CEQA regulations. In response to a question from Councilmember Chavez, staff commented that the City translates many notices into Spanish, however, it has not translated Environmental Impact Reports (EIRs) as translation is not required by CEQA guidelines and the length of such documents would make translation cost prohibitive. 2f. Subdividing Land Senior Planner Stump explained that the Subdivision Map Act of the State of California is the principal subdivision regulation followed by the City. The City's Subdivision Ordinance is in need of revision, which is forthcoming. 2g. Major Projects Affecting Ukiah Mr. Sawyer and Mr. Stump briefly outlined the major projects now being considered, or to be considered in the near future, by the City of Ukiah: i. Airport Industrial Park - Mr. Stump is the Project Manager, it is the most active project under development, it is designed for mixed uses, and staff is expecting a lot of development in this area; ii. Brush Street "Triangle" - is the area beyond the City boundaries at the north of Mervyn's California Department Store. Staff is expecting commercial development in this area with the new KMart being the first step to bringing Orchard Avenue through this area and on to Hensley Creek. Annexation of this area to the City is .being discussed by the parties concerned; iii. KMart - The new store project was approved three years ago, but was not built. Construction is again being considered by KMart personnel; iv. Orchard Avenue Extension - (covered with the Brush Street "Triangle"); v. Lovers Lane Specific Plan - Although not in the City limits, this large residential and commercial development was brought for review to the City by the County of Mendocino due to the significant impacts the project will have on the City. The project was originally brought to the City 10 years ago, has been on hold, and may be brought back for reconsideration; and vi. Transportation Center Master Plan - Mendocino Transit Authority General Manager Bruce Richard recently presented this project to the Council. The City is currently participating in the planning process. 3. ADJOURNMENT Mayor Malone adjourned the meeting at 6:24 p.m. Colleen B. Henderson, City Clerk Regular Adjourned Meeting - February 19, 1997 Page 2 69 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting - February 19, 1997 A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, convened at 6:33 p.m., in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were PRESENT: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. ABSENT: None. Staff Present: Public Utilities Director Barnes, Community Service Director DeKnoblough, Finance Director Elton, Assistant City Manager Harris, City Manager Horsley, Public Works Director Kennedy, City Attorney Rapport, Planning Director Sawyers, Deputy Public Works Director Seanor, Senior Planner Stump, Parks Supervisor Wise, and City Clerk Henderson. 2. Pledge of Allegiance Mayor Malone called for a moment of silence in memory of the victims of last Friday's Autumn Leaves retirement community fire. Councilmember Chavez led the Pledge of Allegiance. Mayor Malone announced that the Community Development Block Grant application hearing noticed in the Ukiah Daily Journal for this agenda, would not be heard at this meeting, but will be rescheduled for a later time. Also, item 7a, Adoption of Resolution Establishing Capital Improvement Fees to be Imposed on Development within the Airport Industrial Park, has been rerr~oved from the agenda and will be heard at a later date. m Approval of Minutes Regular Meeting - February 5, 1997 MIS Ashiku/Chavez to approve the Minutes of the Regular Meeting of February 5, 1997 with the following correction regarding item 8b, Introduction of Ordinance Amending the City Zoning Map to Rezone 34 Lots in the Miscellaneous Area No. 1 Rezoning Area. At the bottom of page 5 of the draft minutes, the motion made by Councilmember Mastin and seconded by Councilmember Ashiku should read: "MIS Mastin/Ashiku to retain the C-1 zoning of the C-1 to R-2, subgroup #2 area, consisting of 19 parcels situated along Cherry Court. The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None." The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 4. RIGHT TO APPEAL DECISION Mayor Malone explained the appeal process. 5. CONSENT CALENDAR MIS Ashiku/Mastin to approve the Consent Calendar as follows: ao co Approved the Report of Disbursements for the month of January 1997; Adopted Ordinance No. 988 Amending the Official Zoning Map for the City of Ukiah, California; Adopted Resolution No. 97-56 Confirming Existing Speed Zones on Various Streets; Regular Meeting - February 19, 1997 Page 1 70 do e. Accepted the Report of Proposals Received for Providing Fuel Card Lock Services and awarded the Service Agreements for same; Joined the Amicus Brief in Johanna Trevino v. Daryl Gates, et al; and Received Notification to Council Relative to Award of Bid for Trenching Services to Wipf Construction in the Amount of $7,210.75. The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Mayor Malone explained the procedure for audience comments. address the Council at this time. No one wished to al .,UNFINISHED BUSINESS Discussion Regarding Fiscal Year 1996/97 Funding for Non-Profit Community Groups City Manager Horsley explained $20,000 was reserved in the 1996/1997 Budget for support to community non-profit group activities or a special economic development project. The former Council determined that these funds should not be disbursed until after concrete budgetary decisions had been made as pad of the financial strategic plan. Henry Bates, Mendocino County Librarian, addressed the Council regarding the City of Ukiah's ongoing financial support for the County Library. Mr. Bates provided the Council with copies of a June 26, 1995, Newsweek article, entitled "Wired in the Woods," by Katie Hafner. Mr. Bates explained the significance of City contributions to the library and the great appreciation of library staff for the City's funding in the past. This $20,000 would be used to fund a pad-time reference librarian. However, Mr. Bates also confirmed the County of Mendocino was ready to fund this position if the City could not at this time. MIS Ashiku/Mastin to defer this item to July to see if fiscal constraints would allow funding at that time. The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 8b. Award of Contract to Cold Creek Compost, Inc. for the Removal of Wood Waste and Yard Waste from the Ukiah Landfill and Require a Faithful Performance Bond in the Amount of $68,000 Public Works Director Kennedy advised that Proposals for Wood Waste and Yard Waste Removal from the Ukiah Landfill have been received from Cold Creek Compost, Inc. and Reuser, Inc. Both proposals met the requirement of the City's Request for Proposals (RFP), however, the Cold Creek Compost proposal would realize approximately $8,000 in savings over the Reuser, Inc. proposal for the fiscal year 1997/1998. Staff recommended acceptance of the Cold Creek Compost proposal with the requirement of a performance bond in the amount of $68,000, the cost of the bond to be covered by the City since the requirement of a bond was not included in the original RFP. Council had questions of staff regarding the performance bond. Staff responded the bond was not an extra cost, but pad of the savings realized by issuing the contract to Cold Creek Compost. The bond was the City's security that Cold Creek Compost would complete the contract. Mayor Malone asked if anyone in the audience had anything new to offer on this subject. Regular Meeting - February 19, 1997 Page 2 ?! Eric Anderson, General Manager of Cold Creek Compost, Inc., commented the requirement of a performance bond was added just last week and Cold Creek Compost would obtain a bond if so required by the Council. MIS Ashiku/Malone to award the Contract to Cold Creek Compost, Inc. for the removal of wood waste and yard waste from the Ukiah Landfill and to require a faithful performance bond in the amount of $68,000 with the City of Ukiah paying up to three percent (3%) of the cost of the bond. The motion was carried bY the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, and Mayor Malone. NOES: Councilmember Mastin. ABSTAIN: None. ABSENT: None. 7. PUBLIC HEARING - 7:00 P.M. 7a. Adoption of Resolution Establishing Capital Improvement Fees to be ImposeH on Development within the Airport Industrial Park (continued from February 5, 1997) Mayor Malone announced at the beginning of the meeting this item would not be heard, but would be terminated and renoticed for a later meeting. 7b. Introduction of Ordinance Amending the City Zoning Map to Rezone 10 Lot~ in the Miscellaneous Area No. 2 General Plan Rezoning Area Senior Planner Stump presented this item to the Council. This rezoning is part of the ongoing program to bring the zoning ordinance into conformance with the new General Plan adopted in December of 1995. This rezoning area involves 10 parcels just north of Low Gap Road; 34 parcels situated along El Rio Street and Yosemite Drive; 104 parcels in the Marlene/Betty/Lorraine Streets neighborhood; 3 parcels along Caldwell Frontage Road east of Highway 101; and 3 parcels between Mulberry Street and Dora Avenue just north of Washington Street. The Planning Commission recommended that 10 of these 154 parcels be rezoned as follows: Group 1, P-D to P-F, subgroup 1 (consisting of a 15.55-acre parcel owned by the Russian River Cemetery District along Despina Drive east of the High School) and subgroup 2 (consisting of 2 parcels comprising the southern portion of the 12th District Agricultural Association Fairgrounds); Group 3, C-1 to A-E (consisting of 3 parcels located along Caldwell Frontage Road, which parallels the north side of Talmage Road just east of Highway 101), however, planning staff recommended no rezoning of these parcels; Group 5, R-1 to R-2, subgroup 2 (consisting of a large parcel located adjacent to Highway 101 at the eastern end of Old Talmage Road); Group 6, P-D to C-N (consisting of a parcel at the corner of Dora Street and Washington Avenue developed with Brookside Retirement Residence); and Group 7, P-D to R-3 (consisting of 2 vacant parcels located along Mulberry Street between Observatory Avenue and Washington Avenue). Mayor Malone opened the Public Hearing at 7:26 p.m. Tom Caldwell, 1045 Mt. Veeder Road, Napa, California, spoke against rezoning his parcel of properly located at Talmage Road and Highway 101 from C-1 to A-E. He stated his family would lose considerable revenue if this rezoning occurred. Bob Pugh, Bob's Trading Post, Ukiah, spoke to the Caldwell Frontage Road parcel on which Bob's Trading Post is located, asking that it remain C-1. July Pruden, 304 S. Hortense, Ukiah, Chairman of the Planning Commission, advised the Planning Commission has been misunderstood in its recommendation to rezone the parcels on Caldwell Frontage Road. She views the rezoning as being for the good of the whole community and urged the Council to return these parcels to agriculture related use. Regular Meeting - February 19, 1997 Page 3 72 Felix Thornhill, 1014 West Perkins Street, Ukiah, did not want to see the Caldwell Frontage Road parcels rezoned. The Public Hearing was closed at 7:46 p.m. The Council had several questions of staff regarding the Caldwell Frontage Road parcels and their use both commercially and as they related to agriculture. MIS Ashiku/Malone to accept the Planning Commission's recommendation to rezone Group 1, P-D to P-F, subgroup 1 and 2, and to offer an amendment to this motion to include no rezoning of Group 2, R-3 to R-2. The motion and amendment were carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. MIS Ashiku/Malone to accept Planning Staff's recommendation not to rezone Group 3, C-1 to A-E. The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. MIS Malone/Ashiku to accept Planning staff's recommendation to not rezone Group 4, R-2 to R-l, to not rezone Group 5, R-1 to R-2, subgroup 1, but to rezone subgroup 2, to rezone Group 6, P-D to C-N, and to rezone Group 7, P-D to R-3. The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. MIS Ashiku/Chavez to introduce by title only an Ordinance of the City Council of the City of Ukiah Amending the Official Zoning Map for the City of Ukiah, California as outlined by the previous motions. The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. City Clerk Henderson read by title only the Ordinance of the City Council of the City of Ukiah Amending the Official Zoning Map for the City of Ukiah, California. MIS Ashiku/Mastin to introduce an Ordinance of the City Council of the City of Ukiah Amending the Official Zoning Map for the City of Ukiah, California as previous outlined above. The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. RECESSED: 8:00 P.M. RECONVENED: 8:08 P.M. 9. NEW BUSINESS 9a. Receive and File the Audited Financial Statements for Fiscal Year 1995/9~_ Finance Director Elton introduced Stephen Herr of Davis Hammon & Co., Certified Public Accountants. Mr. Herr reported to Council that the City of Ukiah had received an "unqualified" audit of the 1995/96 fiscal year, meaning that the overall financial statements present fairly, in all material respects, the financial position of the City as Of June 30, 1996. MIS Mastin/Ashiku to receive and file the Audited Financial Statements for Fiscal Year 1995/96 was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. Regular Meeting - February 19, 1997 Page 4 73 9b. Adopt Resolution Amending Section 21 of the Procedures of Conduct of thc_ City Council Meetings Relating to Abstentions City Attorney Rapport presented this resolution changing Section 21 of the Procedures of Conduct of the City Council so that failures to vote or abstentions are not counted. In the future, a measure shall pass only if it receives "aye" votes from a majority of the Councilmembers present at the meeting, provided a quorum is established. Councilmembers abstaining shall be counted in determining whether a qUorum is present. MIS Kelly/Ashiku to adopt Resolution 97-57 Amending Section 21 of the Procedures of Conduct of the City Council Meetings for the City of Ukiah was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, and Mastin. NOES: Mayor Malone. ABSTAIN: None. ABSENT: None. SC, Adoption of Resolution Creating Orchard Park and Approving of Construction Budget in an Amount Not to Exceed $20,000 Community Services Director DeKnoblough introduced Park Supervisor Wise who designed Orchard Park for the City. The design was based on input from the residents of the area. The Council encouraged the use of native species as much as possible to conform to the City's tree ordinance and landscaping guidelines. Mr. Wise indicated that these considerations had been included to the extent possible, but some other species, notably Sour Gum trees, were included due to the high concentration of water along the creek bed. No playground equipment was to be included at this time due to cost considerations. The neighbors are welcome to help with park construction in the less technical areas, excluding the irrigation system. MS Kelly/Mastin to adopt Resolution No. 97-58 Creating Orchard Park, and to approve a construction budget not to exceed $20,000, was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 9d. Discussion Regarding Council Committee Assignments and Determination Regarding Alternates for the Mendocino County of Governments an,'l Mendocino County Inland Water and Power Commission Councilmember Kelly noted a correction to the agenda Summary Report on this item: she is to be serving on the Community Services Committee of the League of California Cities. It was the consensus of Council that Councilmember Ashiku serve as the alternate to the Mendocino Council of Governments and that Councilmember Chavez serve as the alternate member on the Mendocino County Inland Water and Power Commission. Se, ,Discussion of Financial Statement Format City Manager Horsley explained to Council that the reformatting of financial data for the Council's use was to make that information more easily understood and less voluminous. Staff put together a new draft summary format which is based on the "Fund Summary" in the budget and is within the scope of the computer software program currently in use by the City. Staff feels the proposed new format provides the necessary information for Council without adding unnecessary complexity and detail and not straining the resources of staff. It was the consensus of Council to adopt the new format as presented with the understanding it may be amended at any time. Regular Meeting - February 19, 1997 Page 5 74 9f. Authorize the Mayor to Execute a Letter of Agreement with the Northern California Power Agency for the Development and Filing of an Integrated Resource Plan with the Western Area Power Administration for an Amount Not to Exceed $1,807 Electric Utility Director Barnes explained to the Council the City of Ukiah should authorize the Northern California Power Agency (NCPA) to prepare and file the Integrated Resource Plan with Western Area Power Administration (WAPA), as Ukiah is a member of the NCPA power pool. ' MIS Mastin/Ashiku to authorize the Mayor to execute a Letter of Agreement with the Northern California Power Agency for the development and filing of an Integrated Resource Plan with the Western Area Power Administration, for an amount not to exceed $1,807. The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES. None. ABSTAIN: None. ABSENT: None. 9g. Authorize the Mayor to Execute an Agreement between the City of Ukiah, as a Central Valley Project Customer, and the Department of Enerqy and the Department of the Interior for the Fundinq of Operation and Maintenance for Central Valley Project Power Facilities Managed by the Western Area Power Administration Electric Utility Director Barnes explained to the Council this agreement with the Department of Energy and the Department of the Interior would allow Ukiah, as a Central Valley Project customer, to participate in the procedure for establishing a governing board to plan and monitor an Operations and Maintenance Program for Central Valley Project power facilities. MIS Mastin/Malone to authorize the Mayor to execute an Agreement between the City of Ukiah, as a Central Valley Project customer, the Department of Energy, and the Department of the Interior for the funding of operation and maintenance for Central Valley Project power facilities managed by the Western Area Power Administration without a commitment for funding. The motion ware carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 10. CITY COUNCIL/REPORTS Councilmember Chavez reported that the Main Street Program had elected new officers and that board will most likely be approaching the Council for financial assistance. Councilmember Ashiku reported he and Councilmember Kelly attended a Mendocino Private Industry Council function and he would be attending a Northern California Power Agency workshop with Electric Utility Director Barnes tomorrow. Councilmember Kelly reported she attended a Sun House Guild meeting, commented the site selection process for the proposed recreation center was progressing well, shared an article regarding Councilmember Chavez published in Adelante, Will be moderating, with Councilmember Chavez, the Women's History celebration on March 9, and recommended to Council an article in Western City Magazine regarding Proposition 218. Councilmember Mastin reported on Mendocino Transit Authority Transportation Department Act funding allocations. He also noted that Planning Commissioner Jennifer Puser will be acting as Assemblywoman Virginia Strom-Martin's field representative. Regular Meeting - February 19, 1997 Page 6 75 Mayor Malone reported he attended a Northern California Railroad Authority meeting in Foduna and the first weekend train excursions to Mendocino County will begin on March 15, 1997. He also briefly attended a Ukiah Chamber of Commerce meeting. 11. CITY MANAGER/DEPARTMENT HEAD REPORTS City Manager Horsley repoded on how well the City's Public Safety Department responded to last Friday's (February 14, 1997) events: the fire at Autumn Leaves retirement community, a mile-long hazardous materials spill,' and a serious auto accident near the Airport. Fire personnel injured in the Autumn Leaves fire are back at work now. RECESSED: 9:20 P.M. RECONVENED: 9:38 P.M. 12. CLOSED SESSION Mayor Malone announced the Closed Session agenda as follows: G.C. ยง 54956.9 -Conference with Leqai Counsel Regarding Existing Litigation: a. Ukiah v. First Merchant et al, San Mateo Superior Court No. 398401 b. Ashoff et al. v. Ukiah et al., United States District Court, Case No. C-96-1302 VRW c. Ashoff et al. v. Ukiah et al., Mendocino County Superior Court, Case No. 74102 The Council adjourned to Closed Session at 9:39 p.m. The Council reconvened from Closed Session at 10:30 p.m. No action was taken. 13. ADJOURNMENT The meeting was adjourned at 10:30 p.m. to February 26, 1997, 7:30 a.m., for the Budget Orientation Session. 'Colleen B. Henderson, City Clerk Regular Meeting - February 19, 1997 Page 7