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HomeMy WebLinkAboutMin 05-06-98227 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting - May 6, 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 Civib 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: Customer Service Supervisor Archibald, Public Utilities Director Barnes, Community Services Director DeKnoblough, Finance Director Elton, Customer Service Representative Goodrick, Risk ManagedBudget Officer Harris, City Manager Horsley, Police Administrative Captain McBride, City Attorney Rapport, Senior Planner Stump, and City Clerk Henderson. Staff in attendance later in the evening were Administrative Secretary Harris, Public Works Director Kennedy, Personnel Officer Revheim, and Fire Operations Chief Sandelin. 2. Pledge of Allegiance Councilmember Ashiku led the Pledge of Allegiance. Mayor Malone announced the Consent Calendar would be considered next in order to accommodate citizens who were in attendance to address item 6i. 6. CONSENT CALENDAR Mayor Malone announced that item 6f would be removed from the Consent Calendar and considered as item 10e. He welcomed audience members interested in addressing item 6i, Adoption of Resolution Adjusting Restricted Parking on the 200 Block of North Main Street, 100 Block of East Smith Street, and East Standley Street Between Mason and Main Streets. Walter Van Hey, property owner, 200 Block of East Smith Street, addressed the parking problems in this area of the City and urged the Council to provide more parking for the North Main, East Standley, and East Mason Street area. Roger Van Hey, Van's Appliance on East Smith Street, noted the problems associated with removal of parking meters in this part of town and urged the Council to improve the parking situation in this area. Carol Schallert, North State Cafe, 263 North Street, expressed her concerns for the lack of long term employee parking on North Main Street. She employs 18 people who have no place to park. She offered her restaurant as a meeting place for City staff and concerned neighbors to get together to find workable solutions to this ongoing problem. She urged approval of item 6i. Chris Hutton, Chris' Upholstery on East Smith Street, noted there is not adequate parking for her customers since the meters were removed in that area. Community Services Director DeKnoblough agreed there was a need to make adjustments to the parking situation in this area. The resolution before the Council would provide some more parking, but even more are required. Customer Service Supervisor Archibald noted County employees have made application for approximately 40 percent of the 75 parking spaces allotted to them in Lot C. City Manager Horsley has observed the vacant areas behind businesses on Main Street. She feels there is a definite possibility that some of the these spaces be developed as parking. The City will continue to meet the challenge for more downtown parking. Main Street is the area which needs to be improved at this time. MIS Mastin/Ashiku to approve the Consent Calendar, items 6a-e and items g-i, as follows: ao b. Approved City of Ukiah support of Solid Waste Systems' request to join the AB 939 Local Task Force; Adopted Resolution No. 98-39, Relocating an Existing No Parking Zone/Bus Loading Zone on West Standley Street, Establishing a New No Parking Zone/Bus Loading Zone, and Eliminating an Existing On-Street Parking Space on West Perkins Street Between North School Street and North Oak Street; Regular Meeting - May 6, 1998 Page 1 228 c. Received Repod Regarding the Acquisition of Consulting Services from Lawrence and Associates for Gas Sampling and Isotope Analysis at Ukiah Landfill in the amount of $5,800; d. Adopted Ordinance No. 1002, Amending Division 9, Chapter 2 (Zoning), Adicle 20 of the Ukiah City Code; e. Approved the Planning Commission participation on the Ukiah Unified School District School Site Selection Committee; g. Approved the expenditure of $18,000 from the Solid Waste Disposal Site Fund for the Acquisition and Placement of an Access Bridge at the Ukiah Landfill, and awarded Bridge Fabrication to Skip Gibbs Company, Inc., at a Cost of $12,834; h. Received report to Council Regarding Purchase of Acrylic Display Cases for Grace Hudson Museum from Baka Productions in the amount of $6,233.25; and i. Adopted Resolution No. 98-40, Adjusting Restricted Parking on the 100 Block of East Smith Street, 200 Block of North Main Street, and the North Side of Standley Street Between Mason and Main Streets. The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. . _Special Order of Business Presentation by Jane Lorand on the Changes in the Electric Industry and Implications fo,' .the City of Ukiah City Manager Horsley introduced public relations consultant Jane Lorand who is under contract with the City to establish a public education program regarding the effects of deregulation of the electric utility industry on City customers. Ms. Lorand outlined at length the changes affecting the deregulation of the electric utility industry in California and nationally, with particular note on the effects on residential ratepayers in both investor owned utilities and municipally owned utilities. Most customers do not know the difference between municipally owned and investor owned utilities. She noted the industry is filled with competing tensions. Municipal utilities provide one third of the power in California and across the United States. The boundaries that once governed the industry are being eliminated, resblting in a great deal of confusion for the public. California's electric utility system was well built by engineers; the system since deregulation is being taken over by financiers. The 10 percent rate reduction being given by investor owner utilities is being recouped by those utilities by other hidden charges, to pay off additional bond funding. Customers of municipally owned utilities are paying for a system in which they have an ownership; customers of investor owned utilities see no return for their payments, they are not shareholders in the system. There are many new "marketers" of the product of electricity and there are a proliferation of market ploys being used to attract new customers, many of which are not necessarily truthful and/or legal. The procedure of "aggregation" is being used by various organizations to affect lower rates for members by purchasing power in bulk. Ms. Lorand noted Ukiah has an electric system that provides high reliability and is 98% based on "green" power: it is an environmentally conscientious system, not reliant on fossil fuel generation, which will only become more expensive with time. Once Ukiah's long term debt is paid, its rates will be very comparable to, or well below, those industries relying on fossil fuels. 4. A_~_~roval/Correction of Minute~ 4a. ~Regular Meeting of A_~ril 15, 1998 MIS Mastin/Chavez to approve the Minutes of the Regular Meeting of April 15, 1998, as submitted, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 4b. Adjourned Regular Meeting of April 16, 1998 Councilmember Kelly asked that the first paragraph on page 7 of the draft Minutes be amended to read: "Councilmember Kelly expressed her regret that a process was undertaken months ago whereby an entity clearly partial to truck haul (Solid Waste Systems) was designated to negotiate on behalf of both truck and rail haul proposals, to the detriment of the quality of information available to the Council on the rail option. She did not find the proposed Solid Waste Systems rail option credible, based on the information provided directly to the Council by Waste Solutions Group." MIS KellylMastin to approve the Minutes of the Adjourned Regular Meeting of April 16, 1998, with the amendment noted above, carded by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. Regular Meeting - May 6, 1998 Page 2 229 4c. Adjourned Regular Meeting of April 29, 1998 MIS MastinlKelly to approve the Minutes of the Adjourned Regular Meeting of April 29, 1998, 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. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address the Council. . PUBLIC HEARING -7:00 p.m. Adoption of Resolution Amending the General Plan Land Use Designation for Three Parcels and Introduction of an Ordinance Amending the City Zoning Map to Rezone Ten Parcels of Land Along North Oak Street Senior Planner Stump noted staff initiated the General Plan and rezoning project to bring the zoning classifications on a number of parcels into conformance with their General Plan land use designations. This particular rezoning project is a result of the direction given by the Council last November. The matter was reviewed again by the Planning Commission, resulting in no change in the Commission's recommendation to zone the two parcels on Henry and North Oak as single family residential. The Planning Commission made no recommendation as to the remaining parcels. He distributed a letter from Maggie and Franklin Apfel, owners of the two parcels being considered for rezoning at Henry and North Oak Streets. There was discussion among Councilmembers regarding various aspects of the neighborhood and the mixed use characteristics of C-N neighborhoods. Mayor Malone opened the Public Hearing at 8:35 p.m. Judy Pruden, 304 S. Hortense, noted the Planning Commission had reviewed this matter twice. She urged the Council to listen to the wishes of the neighbors in this matter. She supports rezoning the two Apfel parcels to R-I. Ned Walsh, Administrator of the Mendocino County Drug and Alcohol Prevention Program, renter of the Apfel building located on one of the subject parcels, spoke in advocacy of this clientele. He mentioned that no one had complained to him in the last few years regarding parking problems generated by his agency's use of the building. He noted he thought the NIMBY (not in my backyard) effect might be in play here and hoped the residents of the neighborhood were not prejudiced against the people his agency serves. He also wanted the Council to be aware of the $2 million per year payroll his agency generates in the community. Mary Little, 428 North Pine Street, has seen dramatic changes in the neighborhood particularly since the County Drug and Alcohol Prevention Program has rented the Apfel building. She urged the down zoning of the Apfel properly to R-I. Holly Brackmann, 736 Grove Avenue, distributed a petition to the Council, representing citizens opposed to any C-1 or C-N zoning on North Oak Street between Henry Street and Gibson Creek. She spoke to the historic aspects of the neighborhood and in favor of the R-1 designation for the two Apfel parcels as well as the other parcels under consideration. She gave a slide presentation, showing the historic houses and narrow streets in this residential neighborhood. Diana van der Byl, 890 North Oak Street, spoke to the changing character of the neighborhood, but did not feel the change was precipitated by the current use of the Apfel property. Eric Larson, 123 Clara Street, felt the Apfels raised significant points in their letter regarding mixed uses in neighborhoods. He considers the issue in this matter to be one of intensity of use, rather than the use itself. Roger Foote, 736 Grove Avenue, addressed the history of the Apfel parcels and how the parcels gradually became commercial. He urged the Council to correct the missteps of the past and return the Apfel parcels, as well as the parcels on the east side of Oak Street, to an R-1 designation. Regular Meeting - May 6, 1998 Page 3 23O Arthur Colvin, 436 Nodh Pine Street, asked the Council to consider the impact of variances on this residential neighborhood. The Public Hearing was closed at 9:18 p.m. Discussion ensued among the Councilmembers regarding the impacts of commercializing this residential neighborhood. Staff answered procedural questions and addressed the validity of the Negative Declaration if the zoning on some of the parcels were changed from the noticed Neighborhood Commercial zoning designation. MIS AshikulMastin to approve the Negative Declaration of Environmental Impact as to the North Oak Street General Plan Amendment and Rezoning Project, located along North Oak Street between Smith Street on the south and Gibson Creek on the north, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. MIS Ashiku/Mastin to introduce by title only the Ordinance Amending the Official Zoning Map for the City of Ukiah, Califomia, rezoning to R-1 the Apfel parcels, AP No. 002-175-05 and AP No. 002- 175-06, carried by a voice vote of all AYE. ABSENT: None. City Clerk Henderson read by title only the Ordinance Amending the Official Zoning Map for the City of Ukiah, California, as to the two parcels noted above. MIS Ashiku/Mastin to introduce the Ordinance noted above, 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 adopt Resolution No. 98-41, Amending the City General Plan [as to parcels AP Nos. 002-176-07 (First Baptist Church), 002-183-04 (Richardson), 002-183-02 (Azzaro), and 002- 183-01 (Riddell)], carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. MIS Ashiku/Mastin to introduce by title only the Ordinance Amending the Official Zoning Map for the City of Ukiah, California, rezoning to C-N the First Baptist Church parcel (AP No. 002-176-07), the Richardson parcel (AP No. 002-183-04), the Azzaro parcel (AP No. 002-183-02), and the Riddell parcel (AP No. 002-183-01), carried by a voice vote of all AYE. ABSENT: None. City Clerk Henderson read by title only the Ordinance Amending the Official Zoning Map for the City of Ukiah, California, as to the four parcels noted above. MIS Ashiku/Mastin to introduce the Ordinance noted above, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. It was the consensus of Council to remand to staff, for reconsideration to an R-1 zoning designation, the four remaining subject parcels on the east side of North Oak Street north of Henry Street. RECESSED: 9:41 p.m. RECONVENED: 9:52 p.m. 9. UNFINISHED BUSINESS 9a. Discussion of Ballot Measure to Eliminate Directly Elected Mayor Risk Manager/Budget Officer Harris noted the information provided in the packet. After discussing the advantages of eliminating the directly elected mayor position, Councilmembers requested staff to bring back to them for consideration possible ballot arguments for and against such a measure. 10. NEW BUSINESS 10a. Approve Direction to Staff to Prepare a Development Process Report for the Railroad Depot Property Senior Planner Stump noted the considerable interest by various community groups in planning the future development of the railroad depot property. While the interest of these groups are community- minded and laudable, it appears they are moving in different directions without a clear understanding of the development process which is crucial to their success. With Council's approval, staff would proceed with a Development Process Report for the railroad depot property. Regular Meeting - May 6, 1998 Page 4 231 It was the consensus of Council that staff should proceed with a Development Process Report for the railroad depot property. 10b. Approve Sole Source Procurement and Award Consultant Agreement to ESA for the. Preparation of a Supplement to the Final Environmental Impact Report for a Ukiah Landfill Permit Revision in the Amount of $18,000 Public Works Director Kennedy noted the need to revise the current Solid Waste Permit as to the hours of operation and the amount of tonnage received in order to facilitate the acceptance of waste from Fort Bragg, Willits, and Mendocino County. He distributed the April 1998 figures for volume received at the Solid Waste Disposal Site. Because Environment Science Associates (ESA) prepared the Final Environmental Impact Report for the Landfill and is very familiar with the issues at hand, he recommended approval of a sole source procurement of consultant services and award of the contract for services for revising the permit to ESA. MIS MasfinlAshiku to approve the sole source procurement and award the Consultant Agreement to ESA for the preparation of a supplement to the Final Environmental Impact Report for a Ukiah Landfill Permit Revision in the amount of $18,000, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 10c. Consider and Approve Proposed Stipulated Order of Compliance and Agreement No. 98,-. 01 Pertaining to Ukiah Solid Waste Disposal Site and Authorize Mayor and City Manage, to Execute Agreement. Public Works Director Kennedy noted the stipulated agreement is necessary in order to revise the Landfill Permit as approved in item 10b above. MIS MastinlAshiku to approve the Stipulated Order of Compliance and Agreement No. 98-01 pertaining to the Ukiah Solid Waste Disposal Site and authorize the Mayor and City Manager to execute the Agreement, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None~ ABSENT: None. 10d. Consideration and Action on the Pro osed Cia Street Railroad Crossin A lication to the Public Utilities Commission_ Public Works Director Kennedy noted the Public Utilities Commission is asking for a construction plan in order to proceed with the approval of a Clay Street crossing of the railroad tracks. There was some discussion as to which other crossing the City may be willing to eliminate. It was the consensus of Council to proceed with the application for the crossing at Clay Street and to keep all options open in regard to which other crossing may have to be eliminated. 10e. Review and A royal of Staff Restructurin Pro osal and Bud et Amendment Due to Vacancy in Director of Public Safety Position (formerly item 6~ This item was removed from the Consent Calendar at the request of Councilmember Kelly. Councilmember Kelly had questions of staff relative to the duties of the four Fire Captains and the education and experience requirements for these positions. Fire Operations Chief Sandelin outlined the responsibility levels of the Captains and the necessity for them to work independently. Often times a Firefighter's high level of experience is counted as wholly or padially equivalent to a bachelor's degree. City Manager Horsley explained the administrative needs of the department. More captains are needed to share in the administrative work load of the Depadment, lessening the amount of work designated to the Chief. Chief Sandelin noted the importance of providing cross training within the Department. Personnel Officer Revheim noted various aspects of a firefighter's experience and education may contribute towards the equivalency of a bachelor's degree. Councilmember Kelly was suppodive of requiring a bachelor's degree for the Fire Captain position. Regular Meeting - May 6, 1998 Page 5 232 MIS MastinlAshiku to approve the restructuring proposal dated April 23, 1998 and authorize the budget amendment necessary to implement the restructuring proposal, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 11. CITY COUNCIL REPORT~ Councilmember Chavez had no report. Councilmember Ashiku had nothing to report. Councilmember Kelly reported the Site Selection Committee for the new elementary school has narrowed its recommendations to three sites: the east end of Brush Street, the Hollow Tree site, and the former Montgomery Wards property. She reported she was not successful in asking Mendocino Council of Governments to reconsider usages for transportation funds. Councilmember Mastin attended a Mendocino Solid Waste Mana e · meeting at which he re orted the " - · . g ..ment Authonty (MSWMA~ P Councd s recommendabons regarding the sale of the North Stat Street Transfer Station site. The County will now be charging MSWMA for any out of the ordinary legal advice provided by the County Counsel's office. He attended a Mendocino Transportation Authority meeting in Point Arena. He met with the Main Street group regarding the City/Main Street services contract, attended a Transit Center meeting, and announced he has tickets for sale to the Ukiah Players Theater fundraising auction scheduled for May 16, 1998. Mayor Malone noted he will ask the Mendocino Inland Power and Water Commission to petition the Board of Supervisors to reconsider its vote on representation to the Public Policy Committee regarding the Russian River. 12. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley met with representatives of various groups who are interested in forming an economic development committee in the County. She noted the Recreation Center Committee is considering a partnership with the School District to build an addition to the new elementary school in which the City would provide a recreation program. The Council adjourned to Closed Session at 11:18 p.m. 13. CLOSED SESSION 13a. Public Em Io ee~ ointment-Title: Police Chief The Council reconvened in Open Session at 11:57 p.m. No action was taken in Closed Session. 14. A_DJOURNMEN~ The meeting was adjourned at 11:58 p.m. Colleen B. H~ ~ ~-'~erk Regular Meeting - May 6, 1998 Page 6