Loading...
HomeMy WebLinkAboutMin 12-03-97172 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting - December 3, 1997 A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, convened at 6:30 p.m. in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Chavez, Kelly, Mastin, and Mayor Malone. Councilmember Ashiku arrived at 6:32 p.m. Absent: None. Staff present: Public Utilities Director Barnes, Community Services Director DeKnoblough, Fire Marshal Evans, Assistant City Manager Harris, City Manager Horsley, Public Works Supervisor Looney, Attorney Johnson, Fire Operations Chief Sandelin, Planning Director Sawyer, Fire Captain Sprehn, Senior Planner Stump, Senior Civil Engineer Woods, and Deputy City Clerk Giuntoli. Mayor Malone introduced Scott Johnson of City Attorney Rapport's office, who will serve as City Attorney for this meeting. 2. Pledge of Allegiance Councilmember Kelly led the Pledge of Allegiance. . Special Order of Business Main Street Presentation Kris Rasmussen, Director of the Main Street Program, introduced the presenters. Paul Shimmin, Treasurer of the Main Street Program, noted the strong commitment of the Savings Bank of Mendocino County to the downtown core of Ukiah as evidenced by the Bank's construction of its new headquarters in the heart of the downtown. He emphasized the Main Street Program is maintained by just one employee and is in need of funds to keep the program viable. Ken Cunningham, owner of KNTI Radio, asked the Council for increased support for the Main Street Program. Kathy Fowler, Promotion Chair for the Main Street Program, provided a brief history of events which take place in downtown Ukiah each year. She outlined the involvement of the Main Street Program in downtown promotional efforts. Richard Hansen, owner of Soda Pop Ricky's and President of the Downtown Merchant's Association, noted his support for the Main Street Program. Pat Harbin, downtown property owner, lent his support to the Main Street Program, and noted the visual improvements to the Downtown area since the 1980s. He urged the Council to support the Main Street Program financially. Lee Rossavik, Manager of the Tuesday Farmer's Market, asked for the City's support of the Main Street Program. Christine and Barry Dillard, downtown business owners, chose to move to Ukiah because of the attractive downtown area. John Ryan and Marv Butler, co-owners of the Garden Court, chose to locate their business in Ukiah because of its strong Main Street Program. Mayor Malone presented several suggestions to increase collection of fees for funding the Main Street Program. . Councilmember Kelly noted her support for the Main Street Program. Councilmember Mastin questioned various Main Street Program expenses and revenues. He advised caution in providing funds to the Main Street Program when other community groups, including the Library, have been denied funding in the past two years. City Manager Horsley noted staff would review the matter and provide recommendations to the Council on how the City might lend additional support to the Main Street Program. Regular Meeting - December 3, 1997 Page 1 173 3b. Introduction of New Employees i. Fire Department - Darrell "Charlie" Miller Fire Operations Chief Sandelin introduced a new firefighter, Charlie Miller, and his wife Cindy. Firefighter Miller previously served as a volunteer firefighter with the City. ii. Parks Department - Marc Roberqe Community Services Director DeKnoblough introduced the new Parks Supervisor, Marc Roberge. . Approval/Correction of Minutes Regular Meeting of November 19, 1997 MIS AshikuiMastin to approve the Minutes of November 19, 1997, as submitted, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 5. RIGHT TO APPEAL DECISION Mayor Malone reviewed the appeal process. 6. CONSENT CALENDAR MIS MastinlKelly to approve the Consent Calendar as follows: a. Denied the Claim for Damages received from Kristin Dooley, and referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; b. Rejected the bids for Ocean Cargo Containers; c. Accepted Public Utility Easements and approved Subdivision Agreement for Minor Subdivision No. 94-34; d. Authorized the City Manager to execute Quit Claim Deed related to the Kmart Project; e. Awarded Maintenance Service Contracts to Matt's Custom Tree Care and to Johnson's Quality Tree Care for tree pruning; f. Authorized the Mayor to execute Amendment No. 1 to Contract No. 96-SNR-00110 between the City of Ukiah and the Western Area Power Administration relative to funding of operation and maintenance of Central Valley Power Facilities; g. Adopted Resolution No. 98-18, Clarifying Landfill Hours Applicable to New Commercial Haulers Who Utilize the Ukiah Landfill after September 1, 1997; and h. Accepted the work performed by Ferranti Construction and authorized the City Clerk to file a Notice of Completion for Traffic Calming Measures on Clara Avenue and Ford Street, Specification No. 97-05. The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address the Council. PUBLIC HEARING Introduction of Ordinance Amending the City Zoning Map to Rezone 12 Parcels of Land to Achieve Consistency Between the City Zoning Map and General Plan Land Use Map (Rezoning 97-40) Senior Planner Stump noted the proposed rezoning project was initiated by staff to bring the zoning classifications on a number of parcels into conformance with their General Plan land use designations. The proposed project involved the rezoning of twelve (12) parcels of land, separated into three groups to organize the analysis of the rezonings. Group 1 involves nine parcels situated along the west side of Oak Street between Mill Street and Gobbi Street, developed with multi-family and single family residential structures and currently zoned "R-3". Reclassification to "R-2" (Multiple Family Residential) would better suit the current land uses. Group 2 consists of one parcel on Oak Street, currently developed with a large single family residential structure and now zoned as Light Commercial. Rezoning to "R-2" (Multiple Family Residential) better suits the parcel. Group 3 is comprised of two parcels located along the west side of Oak Street between Morris Street and Henry Street, and is currently zoned Light Commercial. The General Plan designates these parcels as Low Density Residential, which would necessitate a rezoning to "R-1" (Single Family Residential). Regular Meeting - December 3, 1997 Page 2 174 Mayor Malone opened the Public Hearing at 7:23 p.m. He suggested taking public input on the three groups one at a time. There was no public testimony regarding Group 1. Mayor Malone asked for public comments on Group 2. Terry Sizemore, 989 North Oak Street, questioned commercial access to Oak Street. Senior Planner Stump assured Mr. Sizemore access would not change and rezoning would not change the current uses in that area. Eric Larsen, 123 Clara Avenue, pointed out development possibilities under either zoning. Group 3 was then addressed by the public. Frank Bacik, an attomey representing property owners in the area of Group 3, opposed the rezoning of this Group. He presented the Council copies of a letter he had written to Councilmember Mastin, dated November 20, 1997, which addressed his objections to the rezoning. Brent Walston, 1207 West Clay Street, a former tenant in the area, felt the parking variance given in the area years ago was a mistake. Rod Coots, 427 North Oak Street, stressed his concern with traffic and parking problems in the neighborhood. Holly Brackmann, 736 Grove Avenue, agreed with the rezoning in this area. She does not want to have commercial development in this area. Roger Foote, 736 Grove Avenue, would like to have the residential character of the neighborhood preserved. Richard Mazzanti, 447 North Pine Street, noted there have been many parking problems due to the variance granted in this area. The Public Hearing closed at 7:58 p.m. Staff answered Council questions regarding permitted uses and parking requirements in the area. Councilmember Kelly stated she felt the Council was looking at two separate issues, one of zoning and one dealing with parking. She wanted the parking issue resolved as well as the zoning issue. MIS AshikulKelly to introduce the ordinance by title only and to direct staff to undertake discussions with property owners to consider the merger of the two parcels. Discussion ensued regarding the parking situation, merger of the two parcels, and the process involved. Staff asked for flexibility in dealing with this issue. Councilmember Ashiku withdrew his motion. MIS AshikulMastin to introduce the Ordinance Amending the Official Zoning Map for the City of Ukiah, Califomia, by title only, as it pertained to Group 1 and 2 (rezoning Group I to "R-2" and Group 2 to "R-2"), and Group 3 to be remanded to staff to find a zoning classification compatible to the neighborhood. Also, when Group 3 is reconsidered, the parking variance applying to one of those parcels should be reexamined. The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, and Mastin. NOES: Mayor Malone. ABSTAIN: None. ABSENT: None. Mayor Malone registered a "no" vote to reflect his concern the parking variance is incompatible with the neighborhood. Deputy City Clerk Giuntoli read the Ordinance, as amended, by title. Regular Meeting - December 3, 1997 Page 3 175 MIS AshikulMastin to introduce the Ordinance Amending the Official Zoning Map for the City of Ukiah, as amended, carded by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, and Mastin. NOES: Mayor Malone. ABSTAIN: None. ABSENT: None. RECESSED: 8:15 p.m. RECONVENED: 8:23 p.m. 9. UNFINISHED BUSINESS 9a. Discuss Report from Caltrans Regarding Amended Herbicide Spraying Program and Approval of Caltrans and the City's Reduction Programs City Manager Horsley noted the Council is being presented two proposals for consideration, one from City staff for a 50% reduction of herbicide use on City owned properties, and one from Caltrans, which would reduce Caltrans roadside spraying from 15 acres to 3 acres by the year 2002, and the landscape planting spraying from 6 acres to 1 by the year 2002. Mayor Malone asked for audience comments. Martin Van Zandt, Representative of Caltrans, in reply to questioning, noted Caltrans does not spray herbicides in the Willits city limits or along the Highway 101 corridor in Mendocino County. Jennifer Puser, Field Representative for Assemblywoman Strom-Martin, commented Assemblywoman Strom-Martin is very much in favor of exploring alternatives to herbicide spraying. She encouraged the Council to follow the County of Mendocino's lead in this area by prohibiting the use of herbicides by City staff and Caltrans within the City limits. John McCowen, P. O. Box 454, Ukiah, spoke in favor of banning herbicide use by Caltrans within the City limits. Barry Vogel, 280 North Oak Street, urged the Council to discontinue use of herbicides by the City and Caltrans. Chuck Williams, 3 Betty, spoke in favor of the Caltrans proposal. Ed Neves, 21489 Orr Springs Road, urged the total ban of herbicide use. Councilmember Kelly distributed a number of handouts. Councilmember Mastin felt the City's policy should not be contrary to that required of Caltrans. Councilmember Ashiku noted it is difficult to assess the information presented without having scientific background on the proposals. Discussion ensued regarding the use of herbicides and Caltrans' practices and proposals. MIS KellylMastin to direct staff to prepare a resolution which would ban the use of herbicides on Caltrans maintained property within the City limits. The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Kelly, Mastin, and Mayor Malone. NOES: Councilmember Ashiku. ABSTAIN: None. ABSENT: None. The Council discussed at length the use of herbicides within the City limits, both on City maintained properly and by the public. City Manager Horsley warned of the damage which would result to the Golf Course greens if herbicides were not applied regularly. MIS Ashiku/Kelly to accept the proposal presented by City staff regarding herbicide use on City maintained property, to direct staff to prepare studies of altemative means to allow for herbicides use reduction on public properties, to involve subcommittees of citizens in arriving at these alternative means, and to incorporate a goal of"zero use" of herbicides within the City limits. The motion failed on the following roll call vote: AYES: Councilmember Ashiku and Mayor Malone. NOES: Councilmembers Chavez, Kelly, and Mastin. ABSTAIN: None. ABSENT: None. Mayor Malone allowed further comments from the audience. John McCowen would like to see a total ban of herbicide use except for the Golf Course. Jennifer Puser noted the State of California provides financial assistance in the form of grants to communities that turn away from pesticide use. Regular Meeting - December 3, 1997 Page 4 176 A member of the audience reported, according to Smithsonian magazine, there is an herbicide free golf course somewhere in the United States. MIS MastinlMalone to end the use of herbicides on City maintained property by December 31, 1998, carried by the following roll call vote: AYES: Councilmembers Chavez, Kelly, Mastin, and Mayor Malone. NOES: CouncilmemberAshiku. ABSTAIN: None. ABSENT: None. 9b. Disposition of Surplus Property- Assessor's Parcel Nos. 156-160-06 and 156-180-03 See action reported below as item 12c. ii. 10. CITY COUNCIL REPORTS Councilmember Chavez had no report. Councilmember Kelly reported the Economic Development Financing Corporation is interviewing for a new Executive Director. She provided a handout to the Council regarding SB 45. She met with the Community Garden Alliance regarding a possible garden site behind the Grace Hudson Museum complex. The Recreation Center Committee received a Community Development Block Grant for planning purposes. Councilmember Ashiku attended the recent Employment Training Conference at Mendocino College. He reported on proposed phases for remodeling the Mendocino County Courthouse. Councilmember Mastin reported on last week's Mendocino Solid Waste Management Authority meeting and his pleasure in driving the "Zero Emission Vehicle." Mayor Malone reported the North Coast Railroad Authority issued another Request for Proposal for privatization. The Board of Supervisors has no representative to that agency at this time. He attended a Train Station Committee meeting. Councilmember Mastin agreed to be a part of the Mendocino County Film Industry Committee. 11. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley provided the Council with information from Senator Thompson's office regarding SB 45. 12. CLOSED SESSION The Council convened in Closed Session at 9:45 p.m. and reconvened in Open Session at 11:07 p.m. 12a. G.C. Section 54956.9 - Conference with Legal Counsel Regarding Existing Litigation, i. Redwood Business Park v. City of Ukiah, Mendocino County Superior Court, No. 77252 No action was taken in Open Session. ii. Redwood Business Park v. City of Ukiah, Mendocino County Superior Court, No. 77507 No action was taken in Open Session. 12b. G.C. Section 54956.9(b)(3){A) - Conference with Legal Counsel Regarding Anticipated Litigation, Significant Exposure to Litigation - one potential case No action was taken in Open Session. 12c. G.C. Section - 54956.8 - Conference with Real Property Negotiator i. City Manager Candace Horsley - Possible Lease of Portions of the Ukiah Municipal Airport and Terms of Payment No action was taken in Open Session. ii. City Manager Candace Horsley - Disposition of Surplus Property - Assessor's Parcel Nos. 156-160-06 and 156-180-03 Regular Meeting - December 3, 1997 Page 5 177 MIS Mastin/Kelly to approve the agreement to sell Assessor's Parcel Nos. 156-160-06 and 156-180- 03 to Martin Kamp in the amount of $13,000, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 12d. G.C. Section 54957.6 - Confer with City of Ukiah Labor Negotiator, City Manager Candace Horsley, Regarding City of Ukiah Employee Bargaining Unit i. Police No action was taken in Open Session. 13. ADJOURNMENT The meeting was adjourned at 11:08 p.m. Colleen B. Henderson for Marge Giuntoli, Deputy City Clerk Regular Meeting - December 3, 1997 Page 6