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HomeMy WebLinkAboutMin 02-04-98189 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting - February 4, 1998 A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, convened at 6:31 p.m. in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. Absent: None. Staff present: Public Utilities Director Barnes, Community Services Director DeKnobiough, Assistant City Manager Harris, City Manager Horsley, Public Works Director Kennedy, Associate Planner Lohse, City Attorney Rapport, Planning Director Sawyer, Senior Planner Stump, Police Operations Captain Williams, and City Clerk Henderson. Mayor Malone announced item 5a, as it relates to the Claim for Damages made by Karl Selitsch, and item Sd, Award of Bid for 175 KW Generator at the Hydro Plant, were removed from the agenda. He noted Public Works Director Kennedy requested an urgency matter be added to the agenda. The matter regarded a budget amendment and authorization of additional work in the Forensic Analysis and Rehabilitation Design Study for a podion of Airport Park Boulevard. MIS Ashiku/Kelly to add an additional item, Approval of a Budget Amendment and Authorization of Additional Work in the Forensic Analysis and Rehabilitation Design Study for a portion of Airport Park Boulevard, to the agenda,. The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES' None. ABSTAIN: None. ABSENT: None. The matter will be heard as item 8b. 2. Pledge of Allegiance Councilmember Kelly led the Pledge of Allegiance. . Approval/Correction of Minutes Regular Meeting of January 21, 1998 MIS Mastin/Chavez to approve the Minutes of the Regular Meeting of January 21, 1998, as submitted, carded by the following roll call vote: AYES: Councilmembers Chavez, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: CouncilmemberAshiku. ABSENT: None. 4. RIGHT TO APPEAL DECISION Mayor Malone reviewed the appeal process. 5. CONSENT CALENDAR As previously noted by Mayor Malone, the Claim for Damages made by Karl Selitsch under item 5a and item Sd, the Award of Bid for the 175 KW Generator at the Hydro Plant, were removed from the agenda. MIS Mastin/Kelly to approve the Consent Calendar as follows: a, b. Denied Claim for Damages received from Small's Used Cars, and referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; Approved City Council action dates within the Schedule for Fiscal Year 1998-99 Budget; and Approved Budget Amendment for Planning Depadment General Plan Computer Mapping Project. The motion 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 No one came forward to address the Council. As it was not yet time for the scheduled Public Hearing, the Council moved on to UNFINISHED BUSINESS. Regular Meeting - February 4, 1998 Page 1 190 . UNFINISHED BUSINESS Approval of Settlement Agreements, City of Ukiah v. Invest Financial Corporation, et aJ This matter was considered after the Closed Session, see below. 8b. Approval of Budget Amendment and Authorization of Additional Work in the Forensic Analysis and Rehabilitation Design Study for a Portion of Airport Park Boulevard Public Works Director Kennedy noted additional work needed to be included in the Forensic Analysis and Rehabilitation Design Study for the portion of Airport Park Boulevard fronting Friedman Brothers Hardware Store in order for that portion of Airport Park Boulevard to be accepted into the City maintained street system. The asphalt concrete portion of the roadway appears to contain an excess amount of air voids which apparently resulted from inadequate compaction of the asphalt layers. An analysis and testing of the asphalt matedal was not included in the original scope-of-work to be performed by Chec Consultants. He requested a budget amendment in the amount of $1,000 to fund a change in the scope of services being performed under contract with Chec Consultants for the study. City Manager Horsley noted the agenda summary report on this matter included all of the technical aspects of the problem. MIS KellylMastin to approve the budget amendment and authorize additional work in the Forensic Analysis and Rehabilitation Design Study for a portion of Airport Park Boulevard, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. . NEW BUSINESS Amend Ukiah Municipal Code §9661 to Designate the City Engineer as the Flood Plain Administrator Planning Director Sawyer noted the Ukiah Municipal Code designated the Community Development Director as the Flood Plain Administrator even though the duties and responsibilities associated with the position, and articulated in §9662 of the Flood Plain Management ordinance, are more engineering than planning related. These duties are more effectively administered by the City Engineer and his staff than by the Planning Department. MIS MalonelAshiku to introduce the ordinance by title only, 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 the Ordinance of the City Council of the City of Ukiah Amending Division 9, Chapter 6, Article 4, Section 9661, of the Ukiah City Zoning Code. MIS AshikulMastin to introduce the Ordinance Amending Division 9, Chapter 6, Article 4, Section 9661, of the Ukiah City Zoning Code, designating the City Engineer as the Flood Plain Administrator, carded by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 9b. Consideration of Ground Lease with the Ukiah Men's Golf Club Community Services Director DeKnoblough noted there is a waiting list for cart storage facilities at the Ukiah Municipal Golf Course. The City Golf Enterprise Fund is not adequate to finance the $50,000-$60,000 necessary to construct a second storage facility. The Ukiah Men's Golf Club has offered to finance and build such a storage facility on City land adjacent to the existing storage shed at the Golf Course. The terms of the lease would be at $1 per year for the first ten years, $250 in year 11, and escalating $250 per year through year 15. At the end of 15 years, the ownership and maintenance and operation responsibilities would be returned to the City. Paul Shimmin, representative of the Ukiah Men's Golf Club, noted the design of the shed would be approved by the City before construction began. He mentioned some of the construction labor would be borne by volunteers and some of the construction materials would be donated in order to minimize financing of the project well under $60,000. MIS Kelly/Mastin to enter into a ground lease with the Ukiah Men's Golf Club for properly at the Ukiah Municipal Golf Course, in order for the Club to construct a cart storage facility, 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 4, 1998 Page 2 191 10. _CITY COUNCIL REPORT~ _ Councilmember Chavez had no report. Councilmember Ashiku mentioned he attended the Northern California Power Agency (NCPA) strategy meeting, at which new directions for the Agency in light of electric industry deregulation were considered. He also attended a meeting with representatives of the State aimed at developing programs to train health care workers. It became evident to him such training should be employer driven in this community. The Employers Council plans to become involved. Councilmember Kelly inquired regarding NCPA's position on the use of Santa Rosa's wastewater for regeneration of the steam fields at the Geysers. Public Utilities Director Barnes noted NCPA has been using Lake County wastewater for some time for its facilities at the Geysers, however, too much water injected in the area would cool down the steam fields too much. Councilmember Kelly reported she attended an Economic Development Financial Corporation meeting. All but $30,000 of its revolving loan funds have been disbursed. Madelin Holtkamp is officially serving as Executive Director of EDFC. Councilmember Kelly reported she made a strong effort at Mendocino Council of Governments (MCOG) to promote the City's position not to direct all regional transportation funds to the Willits bypass project. However, her efforts were not successful. She attended a meeting sponsored by the County of Mendocino regarding the Methadone Treatment Facility to be located at the Public Health Clinic on Laws Avenue. She left the meeting convinced the Facility would be responsibly managed. Councilmember Mastin attended a Mendocino Solid Wastes Management Authority (MSWMA) meeting at which recycling goals were discussed. He provided the group with an update on the Taylor Drive Transfer Station and noted the group was willing to give the North Forks Improvement Group a 60-day extension for filing its appeal of the recent Court decision in its litigation against MSWMA. He attend a Mendocino Transit Authority (MTA) meeting at which SB 45 was discussed. MTA asked MCOG to use local transportation funds on a variety of transportation modes, not just highway construction projects. He may be a guest on Beth Bosk's KZ. YX radio program on February 15. Mayor Malone attended a number of railroad related meetings. On the subject of SB 45 and local transportation funding, he noted Humboldt County is recommending using its local transportation funds on a variety of transportation projects, including several modes of transportation. He is now serving as the League of California Cities Community Services Committee chairman; he attended a meeting of that committee in Ontario. The Redwood Empire Division quarterly meeting scheduled for Saturday in Fort Bragg may be canceled due to the impending stormy weather. 7. PUBLIC HEARING - 7:00 p.rn_ 7a. Mayor Malone polled the Council to established if all members had viewed the site of this appeal. All Councilmembers indicated they had done a site view of the property at Talmage and State Streets. Planning Director Sawyer noted the appeal before the Council was for the establishment of a take- out restaurant kitchen (Aztec Grill) at the Chevron Station located at the intersection of Talmage Road and South State Street. Staff is supportive of the basic concept of siting such facilities together, however, felt this particular site was not adequately configured to do so. Associate Planner Lohse reported the project was reviewed by the Planning Commission and denied. The Planning Commission and staff were in agreement that a take-out restaurant would require one or more additional parking stalls thereby causing additional congestion and circulation problems on a site that is already constrained by its size and the amount of existing development on the lot. Mayor Malone opened the Public Hearing at 7:34 p.m. Robert Axt, Eastside Calpella Road, representative of the proponents of the project, noted the proposal for take-out food service was not a new use of the property and did not vary significantly from the type of service offered by the Baskin Robbins operation at the Shell Station at Airport Park Boulevard and Talmage Road. He noted the owners of the gas station feel the denial of the proposal is an unfair imposition on their food service operation. As to the matter of congestion on the site, it is a valid concern and, in that regard, the employees of the station have agreed to park offsite in order to relieve some of the congestion. Regular Meeting - Februap/4, 1998 Page 3 192 The Public Hearing was Closed at 7:42 p.m. Discussion ensued regarding the type of food service offered and allowed at the station as well as at the new Shell Station at Airport Park Boulevard and Talmage Road. Planning Director Sawyer noted a traffic study was done which applied to both parcels. MIS Malone/Ashiku to uphold the Planning Commission's findings and deny the appeal of Use Permit Amendment No. 97-39, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 11. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley noted she spoke with Bill Friedman of Friedman Brothers Hardware Store and he assured her his company was doing well in Ukiah and had no plans of selling its facility. She mentioned recent weather reports call for three to five inches of rain in the next few days. So far with the last phase of storms, the City has had no power outages. If the ground becomes too saturated, the Landfill will close temporarily. She urged Councilmembers to mark the schedule of budget meetings on their calendars and to inform her soon if they were unable to attend these important sessions. She met with County Administrator Mike Scannell today. He mentioned there was an effort being made in Sonoma County to convince PG&E to cease diverting water from the Eel River into the Russian River. She will inform the Council as soon as she knows if the Redwood Empire Division of the League of California Cities meeting, scheduled for this weekend in Fort Bragg, is canceled due to the weather. 12. CLOSED SESSION The Council adjourned to Closed Session at 7:58 p.m. The Council reconvened in Open Session at 8:44 p.m. 12a. G.C. Section 54956.9 - Conference with Legal Counsel Re.qardinQ Existing Litigation. City of Ukiah v. Invest Financial Corporation, et al., San Mate-o Superior Court Case No 39841 See item 8a below. 12b. .G.C. Section 54956.8 - Conference with Real Property Negotiator, Property: AP No 170-050-13, Negotiator: Candace Horsley, Under Negotiation: Terms - No action was taken in Open Session. aa. Approval of Settlement Agreements, City of Ukiah v. Invest Financial Corporation, el al_.~. MIS Mastin/Ashiku to approve Settlement Agreements and Releases of Claims with Meridian Capital Markets, Grant Bettingen, and the City of Ukiah, and authorize the Mayor to sign the agreements, carded by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 13. ADJOURNMENT The meeting was adjourned at 8:45 p.m. Colleen B. Henderson, City Clerk Regular Meeting - February 4, 1998 Page 4