HomeMy WebLinkAboutMin 05-20-98233
MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting - May 20, 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: Councilmembers Kelly,
Mastin, and Mayor Malone. Absent: Councilmembers Chavez and Ashiku. Staff Present: Customer
Service Supervisor Archibald, Public Utilities Director Barnes, Community Services Director
DeKnoblough, Finance Director Elton, Customer Service Representative Goodrick, Risk
Manager/Budget Officer Harris, City Manager Horsley, Public Works Director Kennedy, City Attorney
Rapport, Planning Director Sawyer, Senior Planner Stump, Building Inspector/Code Enforcement
Officer Tuliback, and Deputy City Clerk Giuntoli.
2. Pledge of Allegiance
Councilmember Kelly led the Pledge of Allegiance.
3. Approval/Correction of Minutes
3a. Regular Meeting of May 6, 1998
Deputy City Clerk Giuntoli noted the draft Minutes of May 6, 1998 did not reflect the vote on the
Consent Calendar.
MIS MastinlKelly to approve the Minutes of the Regular Meeting of May 6, 1998, as amended to
reflect the vote of 5 votes in favor of approving the Consent Calendar, carried by the following roll
call vote: AYES: Councilmembers Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None.
ABSENT: Councilmembers Chavez and Ashiku.
4. RIGHT TO APPEAL DECISION
Mayor Malone read the appeal process.
5. CONSENT CALENDAR
Mayor Malone announced that item 5h, Notification to Council Regarding the Award of Bid for
4,000 Ft. of #2 AWG Aluminum, 15KV, XLPE Insulated, Non-Jacket, Concentric Neutral, Single
Conductbr Cable to Pirelli Cable Corporation for the Amount of $5,767.37, was removed from
the agenda.
MIS KellylMastin to approve the Consent Calendar as follows:
a. Approved Disbursements for the Month of April 1998;
b. Received notification regarding purchase of Camera Transporter for Sewer System Video
System in the amount of $6,499.35;
c. Authorized City Manager to execute Quit Claim Deed related to a Public Utility Easement on
the parcel of land at the northeast corner of East Perkins Street and Hospital Drive;
d. Awarded bid to Rinehart Oil, Inc, for Supply of Products for City Facilities in the amount of
$22,370.98;
e. Awarded bid for High Voltage Line Cleadng and Tree Trimming at Various Locations within the
City of Ukiah to Family Tree Service in an amount not to exceed $15,000;
f. Authorized the City Manager to execute Letter of Agreement 98-SNR-41 with the Sierra
Nevada Region of the Western Area Power Administration for the purchase of excess capacity
and energy;
g. Authorized the Mayor to sign Letters of Opposition to State Legislature efforts to repeal Vehicle
License Fees;
i. Authorized Mayor to sign Letter of Support for Mendocino Transit Authority's Grant Application;
j. Adopted Ordinance No. 1003, Amending the Official Zoning Map for the City of Ukiah,
California; and
k. Adopted Ordinance No. 1004, Amending the Official Zoning Map for the City of Ukiah,
California.
The motion carded by the following roll call vote: AYES: Councilmembers Kelly, Mastin, and Mayor
Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Chavez and Ashiku.
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6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward to address the Council.
7. OLD BUSINESS
7a. Receive Development Process Report for the Railroad Depot Property
City Manager Horsley noted the City Council had directed staff to prepare a Development Process
Report for the railroad depot property which would define the roles of the major parties interested
in developing the property and outline the steps required for developmental review.
Senior Planner Stump noted such a report was prepared, outlining the planning stages for future
development of the site, and was before the Council at this time. A copy of the report was sent to
the Greater Ukiah Chamber of Commerce..
MIS KellylMastin to receive the Development Process Report for the railroad depot property, carried
by the following roll call vote: AYES: Councilmembers Kelly, Mastin, and Mayor Malone. NOES:
None. ABSTAIN: None. ABSENT: Councilmembers Chavez and Ashiku.
At Council request, copies will be sent to the Northern California Railroad Authority and to Marvin
Trotter, M.D., of the Recreation and Cultural Arts Committee.
8. NEW BUSINESS
8a. Application to Demolish St. Mary's Catholic Church Located at 508 West Perkins Street
Planning Director Sawyer noted the issue before the Council was to determine if St. Mary's
Catholic Church was of historical and/or architectural significance. If the Council determines that
it is either, the Demolition Permit would be implicitly denied. Alternative actions would be: 1) to
determine the Church is of no historical or architectural significance and approve the Demolition
Permit; 2) under Government Code §37361, to direct the issuance of the Demolition Permit, even
though some historic/architectural significance is found; 3) to find that the denial of a Demolition
Permit would constitute a Fifth Amendment "taking" by depriving the property owner of a
commercially viable use of the property; or 4) to find that more information is needed and defer
action until such time as the community's interest in preservation might be better assessed. He
noted the building was built in 1923 and is of the architectural style known as "Period Revival
Spanish Colonial." The church building received a high ranking for inclusion on the National Register
of Historic Places.
City Attorney Rapport noted the Council's decision should be based on all the information
presented at this hearing. He outlined Govemment Code §37361, which would allow the demolition
if a religious association favored the demolition and would suffer economic hardship if the demolition
were denied. He answered Council's concerns regarding the proper public forum in which a religious
organization could determine demolition was necessary and its concerns regarding the "taking" of
property under the Fifth Amendment to the Constitution.
Mayor Malone welcomed public input at 6:55 p.m.
Hans Ruygt, Pastor of St. Mary's Catholic Church, spoke in favor of the Demolition Permit and
asked the Council not to delay a decision as such an action would place an economic hardship on
the Parish. He noted it was not easy for the Parish to decide to demolish the present church. The
old church is unsafe in its present condition and the Perkins Street site does not allow for expansion.
The Parish has invested over $2.5 million in a new complex which will incorporate all Parish facilities
on one site. He presented a 960-signature petition to the Council, demonstrating that the
Parishioners are in favor of the demolition. He noted non-religious uses of the building are offensive
to the Church community.
Sister Jane Kelly, 991 South Dora Street, noted her surprise at finding the church building was on
record as historic.
Julie Baucom, Ukiah, mentioned she is a certified geologist as well as a parishioner of St. Mary's
and addressed the safety hazards associated with the unreinforced masonry construction of the old
church.
John McCowen, Ukiah, noted this was not a question of religious freedom or of the "taking" of
property, but one of the cultural, architectural and historic significance of the building to the entire
community. He noted the impodance of saving this building.
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John Klein, the attorney representing the Diocese of Santa Rosa, read his objections for the
record and outlined the legal position of Bishop Patrick Ziemann in this matter.
Al Bazzani, outlined the history of the new church project, noting the process of forming and
designing a new church building for St. MaWs Padsh began in 1988. Hundreds of parishioners have
been involved in this process. The needs of the Parish include a new, larger church, a meeting
facility, and a gymnasium. The Perkins Street site and/or a remodeling of the old church do not
accommodate these needs.
Discussion took place regarding the costs of upgrading and remodeling the old church.
Glenda Anderson spoke in favor of salvaging the old building.
A number of parishioners came forward to urge the Council to allow the demolition.
Judy Pruden, 304 South Hortense, noted the discussion of this matter should focus on alternative
uses for the church building. She urged the Council to find the building historically significant and
save it for future generations to view and admire. She would like to see the building used as a
Community Center.
Mike Shapiro and Jeff Trouette, applicants for the Demolition Permit, urged the Council to grant
the Demolition Permit.
Public input on this matter was brought to a close at 8:23 p.m.
Mayor Malone addressed the need for historical preservation issues to be aired, noted the
importance of the old church to the Parish and the community, and expressed the importance of
respecting the collective decision of the Parish in this issue.
Councilmember Mastin noted the difficulty of this decision due to the need to preserve our cultural
heritage while addressing the safety concerns of this aging building.
Councilmember Kelly noted that the building is unquestionably historic, yet finds that the conditions
of Government Code §37361 have been met.
MIS Kelly/Malone to find St. Mary's Catholic Church historically and architecturally significant, but
to allow the demolition under Government Code §37361, which requires exception to local historical
ordinances for religious associations, based on the fact of the property owner's objection, carried by
the following roll call vote: AYES: Councilmembers Kelly and Mayor Malone. NOES:
Councilmember Mastin. ABSTAIN: None. ABSENT: Councilmembers Chavez and Ashiku.
RECESSED: 8:33 p.m. RECONVENED: 8:45 p.m.
8b. Discussion of Potter Valley Project Impending Environmental Impact Statement Scopin.q_
Sessions and Possible Action to Become an Intervener
Mayor Malone noted that members of the Mendocino County Inland Water and Power Commission
have been encouraged to be interveners in this process.
City Attorney Rapport outlined the Federal Energy Regulatory Commission (FERC) process
involved in this issue and noted agencies with "intervener" status become parties to the proceedings.
The City's interests are best served by this type of participation.
MIS MastinlKelly to approve the filing of a Motion to Intervene with FERC as to the Potter Valley
Project Impending Environmental Impact Statement Scoping Sessions, carried by the following roll
call vote: AYES: Councilmembers Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None.
ABSENT: Councilmembers Chavez and Ashiku.
ac.
Discussion of Mendocino Solid Waste Management Authority's (MSWMA) Proposed
1998199 Fiscal Year Budget, and Recommendation Concerning the Proposed Reduction
in or Rebate from the MSWMA Surcharge
Public Works Director Kennedy noted the proposed Mendocino Solid Waste Management
Authority's (MSWMA) 1998/99 budget incorporates the choice of a $.50 reduction in, or a rebate
from, the MSWMA surcharge. The Council is being asked to approve the budget and state its
preference as to a reduction in, or rebate from, the surcharge.
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Discussion ensued regarding the future of MSWMA as well as the advantages to the City of taking
a reduction in fees rather than a rebate from the surcharge.
MIS MastinlMalone to approve the proposed 1998/99 MSWMA budget, carried by the following roll
call vote: AYES: Councilmembers Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN:
None. ABSENT: Councilmembers Chavez and ^shiku.
MIS MastinlKelly to recommend to the MSWMA Board of Director that the proposed reduction in
revenue be facilitated by reducing the amount of the surcharge by the proposed $.50 per ton or $.06
per cubic yard of waste disposed, carried by the following roll call vote: AYES: Councilmembers
Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmembers
Chavez and Ashiku.
Staff will report the Council's action to MSWMA in writing.
8d. Discussion and Request of Councilmember Kelly to Send a Letter of Support to the Ukial-
Unified School District Regarding the Montgomery Ward Sitc
Councilmember Kelly reported on the Ukiah Unified School District's preference for the old
Montgomery Ward site for the construction of a new school. She served on the site selection
committee and urged the Council's support for this location, perhaps by accepting demolition waste
at the City Landfill at no charge to the School District.
Councilmember Mastin voiced concern for the impact this would have on the capacity of the
Landfill.
Discussion ensued regarding the City's ability, both legally and financially, to contribute to this project
and the benefit City residents would receive therefrom. Several possibilities were discussed on how
best the City might contribute to the success of the siting of the new school, which may also house
recreation and cultural arts facilities for the entire community.
Judy Pruden urged the City to commit monetary and staff support to the siting process and to
suggest to the School District that the school be built in direct proximity to a residential
neighborhood.
MIS Kelly/Malone to direct the Mayor to send a letter to the Ukiah Unified School District stating the
Council's preference for the Montgomery Ward site, the significant advantages of that site to the City
as a whole, and the City's willingness to provide significant incentives to see that the site is selected,
the extent of which will be determined during the City's budget hearings, and to direct staff on a
departmental basis to determine ways in which the City can facilitate this siting process. The motion
carried by the following roll call vote: AYES: Councilmembers Kelly, Mastin, and Mayor Malone.
NOES: None. ABSTAIN: None. ABSENT: Councilmembers Chavez and Ashiku.
8e. Discussion and Approval of Study Funded by Redwood Valley County Water Districl
Reqarding Feasibility of Purchasing Water from the City of Ukiah
City Manager Horsley noted the City has been contacted by a representative of the Redwood Valley
County Water District regarding the possibility of the District purchasing water under the City's
permit. The Water District is willing to pay up to $2,500 for an attorney to review the files and advise
the City as to the legal feasibility and advisability of the City attempting to sell water to the District.
City Attorney Rapport noted he has a conflict of interest in this matter and will not be the attorney
reviewing the files. The research would be done in two phases, the first phase being the proposal
before the Council.
MIS MastinlMalone to authorize the review of the City's files to determine the advisability of the City
of Ukiah selling water to the Redwood Valley County Water District, carried by.the following roll call
vote: AYES: Councilmembers Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None.
ABSENT: Councilmembers Chavez and Ashiku.
8f. Adoption of Policy Resolution Providing Necessary City Services for Parade.-
City Manager Horsley noted the necessity of updating the City's parade services policy, which
identifies two major parades for full City sponsorship and other minor parades to be provided service
at the discretion of the City Manager. Established parades would have preference.
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MIS Malone/Kelly to adopt Policy Resolution No. 30, Providing Necessary City Services for
Parades, amended to read under paragraph 3) "The City may charge the actual costs of providing
services to all other parades at the discretion of the City Manager except that barricades shall be
provided at no cost for several events each year as approved by the City Manager." The motion
carried by the following roll call vote: AYES: Councilmembers Kelly, Mastin, and Mayor Malone.
NOES: None. ABSTAIN: None. ABSENT: Councilmembers Chavez and ^shiku.
8g. Report Regarding Commission and Board Member Terms
The Council accepted the repod and determined all Planning Commission applicants would be
interviewed prior to the June 17, 1998 Council Meeting.
8h. Approval of Letter of Intent to Negotiate a Contract with FirstPoint Utility Solutions, Inc.
for Customer Information Systems {ClS) Including Printing and Mailing of Customer Bills
City Manager Horsley reviewed the City's billing system and noted that the process is outdated.
Finance Director Elton outlined the need for reorganization of the City's billing system. The
FirstPoint proposal would allow all existing services to be continued, yet allow customers to have
their bills customized to their particular needs.
The Council received a copy of FirstPoint's Letter of Intent, dated May 15, 1998.
Discussion ensued regarding some of the points of the proposal.
M/S MastinlKelly to authorize the City Manager to sign the Letter of Intent with FirstPoint Utility
Solutions, Inc., carried by the following roll call vote: AYES: Councilmembers Kelly, Mastin, and
Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Chavez and Ashiku.
9. CITY COUNCIL REPORTS
Councilmember Kelly repoded the Grace Hudson Museum Basket Weavers exhibit opened on May
16, 1998, with approximately 600 people in attendance. She distributed a flyer regarding the exhibit.
She reported on the progress of the Community Garden Project and that group's plans for a
community garden to the east of the Museum with a pathway extending to the Railroad Depot. She
reported on the joint meeting among City staff, the Grace Hudson Endowment Board of Directors,
and the Sun House Guild Board of Trustees regarding the future of the Museum and possible
funding strategies for a new wing to the Museum. She reported on several site locations for the new
Skateboard Park.
Councilmember Mastin reported on the well attended Ukiah Players Theater benefit auction.
Mayor Malone attended a Nodhwest Pacific Railroad Authority meeting in Fortuna and a meeting
of the Greater Ukiah Chamber of Commerce at which the new highway signs for Ukiah were
discussed. The Chamber is actively seeking sponsors for the Fourth of July Fireworks Celebration.
10. CITY MANAGER/DIRECTOR REPORTS
City Manager Horsley reported on the Russian River Symposium. She will be attending meetings
of the Mendocino County Inland Water and Power Commission in the future.
Judy Pruden noted the need for an historic preservation ordinance and complimented the Council
on its very difficult decision regarding St. Mary's Catholic Church.
Mayor Malone adjourned the meeting to Closed Session at 10:30 p.m. The Closed Session
followed the regular meeting of the Ukiah Redevelopment Agency.
11,
CLOSED SESSION
a. Conference with Legal Counsel-Anticipated Litigation
Initiation of Litigation pursuant to G.C. Sectiori 54956.9{c): {one case)
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b.
Conference with Real Property Negotiator-City Manager
Property: APN No. 002-232-01
Negotiating parties: City of Ukiah and City of Willits
The Council reconvened in Open Session at 11:22 p.m. No action was taken in Open Session
regarding the above-entitled matters.
12. ADJOURNMENT
The meeting was adjourned at 11:23 p.m.
/~¥1-arge G~untoli, Deputy City Clerk
Regular Meeting - May 20, 1998
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