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HomeMy WebLinkAboutMin 03-05-9778 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting - March 5, 1997 The City Council convened in a regular meeting, for which the agenda was legally noticed and posted, at 6:32 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were PRESENT: Chavez, Ashiku, Mastin, and Mayor Malone. ABSENT: Councilmember Kelly. Staff present: Customer Service Supervisor Archibald, Public Utilities Director Barnes, Finance Director Elton, Assistant City Manager Harris, Ukiah Business Development Consultant Holtkamp, City Manager Horsley, City Attorney Rapport, Planning Director Sawyer, Senior Planner Stump, and Recording Secretary Yoast. Mayor Malone offered a moment of silence in remembrance of Judy Bari. 2. pledge of Allegiance Councilmember Mastin led the Pledge of Allegiance. Approval of the minutes was moved to this time to allow City Attorney Rapport time to prepare his special presentation. 1 Approval of Minutes Regular Adjourned Meeting - February 19, 1997 MIS MastinlMalone to approve the minutes of the Regular Adjourned Meeting of February 19, 1997, as submitted, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Mastin, and Mayor Malone. NOES: None. ABSENT: Councilmember Kelly. ABSTAIN: None. 4b. Regular Meeting - February 19, 1997 MIS MastinlMalone to approve the minutes of the Regular Meeting of February 19, 1997, as submitted, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Mastin, and Mayor Malone. NOES: None. ABSENT: Councilmember Kelly. ABSTAIN: None. 4c. Regular Adjourned Meeting - February 26, 1997 MIS MastiniChavez to approve the minutes of the Regular Adjourned Meeting of February 26, 1997, as submitted, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Mastin. NOES: None. ABSENT: Councilmember Kelly. ABSTAIN: Mayor Malone. . Special Order of Business Continuation of Legal Workshop City Attorney Rapport recalled that at the previous Legal Workshop, Council was able to complete four of the seven scheduled items, and the California Environmental Quality Act (CEQA) was subsequently discussed at the Planning Workshop. This presentation will provide information on "Gifts and Liability." He repoded City Councilmembers are prohibited from accepting gifts from any single source in excess of $250 in a calendar year, with the exception of an advance payment or reimbursement for travel and related lodging expenses, provided certain other conditions exist. These include: 1) if the travel is reasonably related to a legislative or governmental purpose or an issue of state, national, or intemational public policy, and for the purpose of delivering a speech, in which case the reimbursement is limited to the day immediately preceding the speech, the actual day of the speech, and the following day of the speech; 2) if the travel is provided by a governmental agency or a bonafide public or private educational institution or non-profit, charitable, or religious organization; 3) if the travel is being provided by the City, or 4) if the travel is in connection with a bonafide personal business or profession, provided the payments can be deducted under IRS rules as a qualified business expense. There are certain other gifts that are also excluded from the limitation, including wedding and holiday gifts, providing they are not substantially dispropodionate in value. The City Attorney also discussed the liability of Councilmembers, noting that the State Legislature provides a limited waiver of the City's immunity. He further provided the Council with a memorandum regarding liability. Mayor Malone inquired relative to the liability attached to Brown Act violations. Mr. Rapport replied the Brown Act indicates, in G.C. Section 54960.1, that any decision made during a meeting where the Brown Act violation occurred can be set aside. He added that action can be filed by the District Attorney or any interested person. There are no additional punitive damages allowed, but there is a right to recover attorney's fees by the plaintiff, if he or she prevails. Regular Meeting - March 5, 1997 Page 1 79 5. RIGHT TO APPEAL DECISION Mayor Malone explained the appeal process. 6. CONSENT CALENDAR Mayor Malone noted two letters of request had been received to pull Item 6h, Approval of a Demolition Permit for a Structure Over 50 Years Old, Located at 577 Clara Avenue, from the Consent Calendar. The item was placed under New Business as Item 9c. MIS MastinlAshiku to approve the Consent Calendar as follows: a. Denied Claim for Damages received from Rau and Associates, and referred to City insurance carrier, REMIF; b. Adopted Ordinance No. 989 Amending the City Zoning Map to Rezone 7 Lots in the Miscellaneous Area No. 2 General Plan Rezoning Area; c. Adopted Resolution No. 97-59 Extending the "No Parking Zone" on the West Side of Despina Drive in Front of the Ukiah High School Tennis Court; d. Adopted Resolution No. 97-60 Establishing Restricted Hours for On-Street Parking on Streets Fronting Public Parks; e. Awarded Consultant Agreement to Lawrence and Associates for the Design of the Perimeter Gas Migration Corrective Action System for the City's Solid Waste Disposal Facility and approved Budget Amendment; Received notification regarding purchase of Chlorine Residual Analyzer; Received notification regarding purchase of a Printer/Plotter; Approved Demolition Permit for a structure over 50 years old located at 510 South Dora Street; Received and filed Bad Debt Write-offs for the year ending June 30, 1996; Received information relative to comments submitted to the Federal Energy Regulatory Commission regarding review of the Flow Regime of the Russian River. f. The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Mastin, and Mayor Malone. NOES: None. ABSENT: Councilmember Kelly. ABSTAIN: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Mayor Malone explained the procedure for audience comments. Rio Palley, Youth Garden Alliance, advised the Council about the history of the Community Garden Project and the Observatory Park Site. As owners of this site., the City is required to develop a community project, and he would hope the Garden Project would be approved for this purpose. At the site last year, more vegetables than could be eaten were produced, which allowed for a contribution to the local food bank; it was a very enjoyable experience for everyone involved. This year the hope is to expand so that a larger portion of the community is included, such as the elderly and Iow-income individuals who might not have the space for a garden. They would also like to provide additional activities such as field trips and other educational opportunities. He invited everyone to attend an on- site meeting on March 12, 1997 to further discuss the project, and noted he could be contacted at (707) 743-2575 for further information. Mayor Malone suggested they contact the local public schools relative to having students participate in the activities at the Garden Project on one of the in-service days. Alida Burnstad, project participant, distributed a document that explained the goals for the project. She explained they are attempting to help youths help themselves, and it would be very nice to have the Park dedicated for this purpose. Dotty Copeland stated she thought it was wonderful that young people are interested in gardening in a way that is not harming the environment, and are industrious enough to carry through on the project. She hoped the Council and the community would support them. , Patrick Burnstad noted he had just returned from a five-day computer convention. The hosts had invited groups of children to the event to experiment with the computers, with the result that the children were highly entertained and the researchers learned a lot from witnessing fresh perspective. am PUBLIC HEARING -7:00 P.M. Community Development Block Grant Application - Madelin Holtkam,n_ City Manager Horsley explained the process for applying for a Community Development Block Grant (CDBG) and introduced Madelin Holtkamp. Regular Meeting - March 5, 1997 Page 2 80 Madelin Holtkamp, Ukiah Business Development Center, advised that CDBG's primary focus is to fund jobs for Iow and moderate income individuals. This application is for funding the construction of a bridge over Orr Creek, and street improvements to Orchard Avenue and Brush Street. The purpose of this public hearing is to receive public input from the community regarding the application. Another public hearing will be held after the application has been prepared, to receive additional public comment before it is submitted. PUBLIC HEARING OPENED: 7:09 p.m. No one came forward to address the item. PUBLIC HEARING CLOSED: 7:10 p.m. Since the purpose of the public hearing was to receive public comment only, there was no further action taken by the City Council. . NEW BUSINESS Adoption of Resolution Implementing Rule and Regulation No. 2, Extension of Main Lines or Other Plant Facilities and Utility Connection Charges as Schedule 1615. Public Utilities Director Barnes noted this is one of the items necessary so that the Electric Utility can begin to prepare for the upcoming competition due to deregulation. This new policy will allow the City to charge for the transformers that the property owners need for their projects, or allow the owner the option of buying their own transformers elsewhere. This item will also come back to the Council at a later date to address the fees provided in Schedule 1615. At this time, the City is committed to approximately $85,000 in transformer costs. No one from the audience came forward to address this issue. MIS MastinlMalone to adopt Resolution No. 97-61, as presented by staff, was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Mastin, and Mayor Malone. NOES: None. ABSENT: Councilmember Kelly. ABSTAIN: None. Councilmember Ashiku noted the City can no longer give away assets. Mayor Malone wished the City had itemized and advertised this expense in the past so the community realized the City was providing this incentive. City Manager Horsley explained it was considered an economic incentive in the past. 9b. Set Date for Electric Workshop Mr. Barnes explained that staff wanted to first hold a comprehensive workshop with the City Council, and after that occurs, conduct the Northern California Power Administration (NCPA) presentation. After discussion, it was determined the Electric Workshop would be held on April 14, 1997, at 7:00 a.m., in the City Council Chambers. City Attorney Rapport will not be in attendance. 9c. Approval of Demolition Permit for a Structure Over 50 Years Old Located at 577 Clara Avenue Mayor Malone advised this item was previously pulled from the Consent Calendar, and would be considered at this time. Eric Larson, 123 Clara Avenue, and Donna Roberts, 781 Sidnie Court, both'representing the Wagenseller Neighborhood Committee, introduced themselves. Mr. Larson explained he and Ms. Roberts were equally involved in the Kmart project, and this demolition permit relates to that project. Their concern is not with the demolition directly but to the potential damage that would occur if the Fire Depadment were allowed to conduct a training burn at the site. Adjacent to the main house, there are three mature English walnut trees that were assumed would be incorporated into the Kmart landscape plan. One of the conditions of approval by the Planning Commission was that there be a 10 foot landscaped buffer from the Kmart project and the residential neighborhood. It has been a practice of the City Council, Planning Commission, and staff to try to preserve these types of trees. When the trees are leafed out it provides a beautiful canopy, which is reminiscent of the historical aspect of this area, since it appears there were walnut trees running the entire length of Clara Avenue at one time. There are no legal grounds by which the City can require the retention of the trees, but the City Council can encourage staff and the property owners to protect them. Regular Meeting - March 5, 1997 Page 3 81 Ms. Roberts noted that besides the historical nature of the trees, they also provide a screen from the nearby stores. At this time, the site development plan shows the walnut trees are to be left at their current location, and four other trees on the property will be removed. A more recent plan done by architects Mitchell and Axt shows that the one tree in the City's right-of-way shall be removed, but City staff indicates it will remain. Since the trees are critical for screening, the neighborhood is requesting all precautions be made to protect the trees if the Fire Department is given permission to burn. Discussion followed regarding the roots of one tree touching the house, and that even if the trees are protected, the negative results may not be immediately visible..It was requested if it would be possible to have an arborist's opinion sought regarding the results of burning the house this close to the trees. Ms. Horsley replied she talked to the Fire Engineer in charge of the training burns, and he advised there were some limbs that required cutting on the tree that is overhanging the house, but they routinely protect and wet down the trees. Councilmember Ashiku asked how essential this practice bum was to the Fire Department, and voiced his concern relative to air pollution from the burn. Ms. Horsley replied this type of activity offers the only live training for the Firefighters and Volunteers, and that the opportunity arises infrequently. Discussion was had regarding ways to protect the trees, who approves the way the burn will be conducted, and whether Council could determine that the trees are more important than the control burn or place other requirements relative to the trees. Ms. Horsley noted under the City's ordinance, training fires are allowed, and the crews check the backdrafts. They do not have to conduct the burn but the Fire Engineer has looked at the site and determined it could be controlled. The City can bring an arborist in, for a fee, to look at the trees and provide an opinion on their safety. She fudher noted she has a call into the property owner to see what his intentions are regarding the trees. Mayor Malone opened the discussion up to the public again. Judy Pruden, 304 S. Hortense, explained the process the Fire Department goes through with the property owner to make sure the structure is prepared properly before the burn takes place. MIS AshikulMastin to approve the Demolition Permit for a structure over 50 years old, located at 577 Clara Avenue, with direction to staff to ensure the burning of the structure is conducted in such a fashion that the three mature trees are protected and that the degree of pollution associated with the burn is kept at a minimum, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Mastin, and Mayor Malone. NOES: None. ABSENT: Councilmember Kelly. ABSTAIN: None. 10. CITY COUNCIL/REPORTS Councilmember Chavez noted she did not have any reports on Board meetings, but did attend the Board of Supervisor's training regarding welfare reform. Much of the discussion revolved around safety net issues, (Adult Services, Redwood Legal Assistance, Ford Street Project, and Ukiah Food Bank). The reform is going to add an additional strain on these organizations, and since they are already facing financial difficulties, they are concerned. She explained who would be losing their assistance and the potential impacts. Several organizations affected will be in the City jurisdiction, such as Plowshares, which is already operating at full capacity. Additionally, she noted that on Sunday, March 9, at 1'30 p.m., at the Ukiah Council Chambers, there will be the Women's Leadership Program. There will be poetry, music, story-telling, and a silent auction to raise funds. The guest speaker will be Virginia Strom-Martin. Ms. Horsley noted the commentators will be Councilmembers Kelly and Chavez. Councilmember Chavez further reported that on Saturday, March 8, from 10:00 a.m. to 2:00 p.m. there will be a mini-conference at the Mendocino College that will address new immigration laws and public health, in conjunction with a health fair. She also noted she is a member of the American Cancer Society and is selling daffodils that are available for delivery to local addresses. Discussion followed regarding the upcoming Inland Water and Power Commission meeting and it was noted Mayor Malone would be attending. Councilmember Chavez completed her comments by advising that the Main Street Program is holding a workshop Saturday, March 8, 1997, at the Ukiah Valley Conference Center. Regular Meeting - March 5, 1997 Page 4 82 Councilmember Ashiku reported that 60 fish were removed from the hatchery by a poacher. He further reported that he and Public Utilities Director Barnes spent two days at the annual Northern California Power Agency (NCPA) meeting, where they learned that the City should take action to develop a strategic plan, because the whole electric industry is rapidly changing. In addition, the meeting also provided information relative to ways to protect the City's market with the legislative proposals currently on the table. The City needs to make some decisions about how it is going to handle all the changes. Councilmember Mastin reported on his attendance at the February 27 Mendocino Transit Authority Board (MTA) meeting, and that everything appears stable for MTA at this time. They are waiting for the auditor's report, and what funds they will be receiving from Mendocino County Office of Government. The five big senior citizen centers in the area will be helping develop a formula for their funding, which factors in growth for each year. He reported on his attendance at the Susan Bell support meeting. It was an interesting gathering, and everyone was very supportive of Susan and her cause. Economic Development and Financing Corporation (EDFC) also met; things are stable there as well. Consultants Madelin Holtkamp and Carolynn and Bill Thomas discovered a $13,000 payment that EDFC expected to make had already been partially paid; as a result, the transfer was only $1,200. The record keeping is finally current. The agencies and three cities have all paid their annual fees, and EDFC was able to pay their bills. Further, the Economic Development Director in Ft. Bragg is resigning, and Ft. Bragg is discussing joining EDFC after that time. He further advised he will not be present for the March 19, 1997 City Council meeting. Mayor Malone reported that on Friday, March 20-21, 1997, the League Policy Committees will be meeting at the San Francisco Airport, and he is planning to attend the Community Services Policy Committee meeting. He also recently participated in the ribbon cutting ceremony for the Cleveland Lane Self-Help/Ukiah Redevelopment Agency project. He noted that the City recently had its first Investment Oversight Committee meeting, where Nancy Jones from PFM Management Services spoke. The Council will be receiving a status report on the City's investments; he felt this to be a very good and healthy process. Further, the Train Station Committee has been doing quite well raising seed money for the Ukiah Train Station site, and there is wide support in the community for this project. 11. CITY MANAGER/DEPARTMENT HEAD REPORTS None. 12. CLOSED SESSION (NONE) 13. ADJOURNMENT MIS AshikulMastin to adjourn the meeting carried by an all AYE voice vote of the Councilmembers present. There being no further business, the meeting adjourned at 8:00 p.m. Karen Yoast, Recor~g Secretary v b:ky\ccmn3597 Regular Meeting - March 5, 1997 Page 5