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HomeMy WebLinkAboutMin 06-17-98245 MINUTES OF THE UKIAH CITY COUNCIL Special Meeting -June 17, 1998 A special meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, convened at 5:55 p.m. in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Kelly, Mastin, and Mayor Malone. Absent: Councilmembers Chavez and Ashiku. Staff present: Assistant City Manager Harris, City Manager Horsley, City Attorney Rapport, Fire Chief Sandelin, Police Chief Williams, Recording Secretary Giuntoli, and various other members of the City staff in attendance to observe the ceremony and participate in the congratulatory reception. 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address the Council. e SPECIAL ORDER OF BUSINESS Adoption of Resolution Making City Clerk Appointment Mayor Malone thanked Colleen Henderson for her service to the City, and praised her for a job well done during her year and a half as City Clerk. City Manager Horsley introduced Marie Ulvila, and commented upon the experience and expertise Marie will bring to her new position as City Clerk. MIS MastinlKelly to adopt Resolution No. 98-44 Making Appointment to Fill The Vacant City Clerk Position, carried by the following roll call vote: AYES: Councilmembers Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Chavez and Ashiku. 3b. Swearing in of Police Chief, Fire Chief, and City Clerk Mayor Malone swore in Marie Ulvila as the new City Clerk for the City of Ukiah. City Manager Horsley swore in John Williams as the new Police Chief for the City of Ukiah, and Roe Sandelin as the new Fire Chief for the City of Ukiah. 4. RECEPTION Mayor Malone invited everyone to participate in the reception in the foyer, in order to say good-bye to Ms. Henderson and congratulate the others on their new positions. 5. ADJOURNMENT Mayor Malone adjourned the special meeting at 6:03 p.m. to the Regular City Council Meeting of June 17, 1998 to be held ~6'30 p.m. ! Mar~e Gi&toli, Recording S~;eta~ , b:ccmin98\m061798.spe Special Meeting -June 17, 1998 246 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting - June 17, 1998 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: Kelly, Mastin, and Mayor Malone. Absent: Councilmembers Chavez and Ashiku. Staff present: Public Utilities Director Barnes, Community Services Director DeKnoblough, Finance Director Elton, City Manager Horsley, Public Works Director Kennedy, Associate Planner Lohse, City Attorney Rapport, Planning Director Sawyer, Deputy Public Works Director Seanor, Senior Planner Stump, Building Inspector/Code Enforcement Officer Tuliback, Police Chief Williams, and Marge Giuntoli, Recording Secretary. 2. Pledge of Allegiance Councilmember Mastin led the Pledge of Allegiance. 1 Special Order of Business Presentation - Ukiah Fire Department - Explorer Post 2150 Ukiah Fire Department Explorers reported on their experience at the California Fire Explorer Academy in Napa this past spring. . Approval/Correction of Minutes Regular Meeting of June 3, 1998 MIS Mastin/Kelly to approve the minutes of the regular meeting of June 3, 1998, as submitted, carried by the following roll call vote: AYES: Councilmembers Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN' None. ABSENT: Councilmembers Chavez and Ashiku. 5. RIGHT TO APPEAL DECISION Mayor Malone reviewed the appeal process. 6. CONSENT CALENDAR Councilmember Kelly requested that Item 6i, Approval of Letter Opposing Federal Budget Reductions of Veterans Benefits, be pulled from the Consent Calendar and added to the agenda as Item 9c, under New Business. MIS KellylMastin to approve Items a-h and j-I of the Consent Calendar as follows: a. do e, go ho Approved Disbursements for the month of May, 1998; Adopted Ordinance No. 1005 Amending Division 9, Chapter 2, Article 14 (Planned Development Combining Zone/District) of the Ukiah City Code; Authorized expenditure to dispose of biosolids at the Redwood Landfill for the sum not to exceed $21,000; Received notification regarding the award of bid to Hart for the maintenance and testing of the main substation switchgear in the amount of $5,900.00; Received notification regarding the award of bid to Wipf Construction for the installation of two pull boxes behind Albertson's and locating and stubbing up conduit at State and Henry Streets in the amount of $6,980.00; Received notification regarding the award of bid to Wipf Construction for the installation of a six-inch conduit at Empire Drive and State Street in the amount of $9,160.00; Set dates and times for Fiscal Year 1998-99 Budget Hearings as June 23 and 24, 1998, 10:00 a.m. to 8:00 p.m.; Authorized Mayor to execute letter to State Legislature in support of ACA 42; Awarded bid to Advanced Computer Connections, to provide and install a public safety computer (hardware) system, for the Public Safety Technology Enhancement Project, in the amount not to exceed $90,200; Awarded bid to Masterson Communications, Inc., in the amount not to exceed $55,585.00, to provide and install public safety communication center, communications equipment, for the approved Communication Center Improvement Project; Rejected all proposals received for providing fuel card lock service. The motion carried by the following roll call vote: AYES' Councilmembers Kelly, Mastin, and Regular Meeting - June 17, 1998 Page 1 247 Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Chavez and Ashiku. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address the Council. As it was not yet the 7:00 p.m. time for the Public Hearing, the Council proceeded to Item 9a. 9a. Presentation and Proposal for Collaborative Creation of Websites The presentation for the collaborative creation of websites was conducted by Greater Ukiah Chamber Image Committee co-chairs Jeanie Nord and Dennis Wilson, Committee members Vince Caramella and Kathy Spencer, and Chamber General Manager Elizabeth Brazil. In addition to a general summary of the Chamber's activities for the previous year, the presentation also incorporated the Chamber's projected goals and objectives for the upcoming fiscal year, including the development of innovative and vital websites for both the City of Ukiah and the Chamber, and the production of informational brochures for use by both entities. Counciimembers and staff commented positively on the accomplishments of the Chamber, noting that not only has the level of sophistication improved, but that everyone concerned appears to be enjoying a more comfortable working relationship. Discussion ensued relative to the websites, wherein the collaborative benefits of sharing data and avoiding duplication were noted, and possible informational linkages defined. Websites from various other cities were viewed, and comments made on the importance of visual appeal, ease of movement between the different topics, and the necessity to take adequate time for the creation of web pages that are distinct, functional, and professional in appearance. Requested funding for the development of the websites was discussed, wherein it was determined this matter would be taken up further during the budget hearings scheduled for the following week. el PUBLIC HEARING - 7:00 p.m. Introduction of an Ordinance Amending the Official Zoning Map for the City of Ukiah and Approving the RCHDCIDoolan Creek Subdivision and Planned Development Project Associate Planner Lohse reviewed the history of the project, noting that on May 13, 1998, the Planning Commission voted 5 to 0 to recommend adoption of a Negative Declaration and approval of the Rural Community Housing Development Corporation (RCHDC) Subdivision Map, Rezoning, and Planned Development project on Mulberry Street. The project involves the rezoning of the property from "R-3" (Multiple Residential) to "P-D" (Planned Development) and the subdivision of a 3.11 acre parcel into 23 single family residential lots and a lot for open space and recreational uses. The "P-D" zoning classification is requested to allow the relaxation of lot size and width requirements for the development of 23 "sweat equity" Iow income single family residential units. The recommended Conditions of Approval also include specific requirements for several issues, including a secondary fire access driveway, the completion of a landscape plan, and the establishment of an area for open space and/or recreation. Mr. Lohse referenced Mr. Duane Hill's letter of June 12, 1998 to Senior Planner Stump, wherein Mr. Hill clarified the position taken by RCHDC on the Mulberry Street Subdivision open space and emergency access as requested by the City Council, and indicated that following his contemplation of the full ramifications to the homeowners of this open space and access, he felt compelled to reverse his initial recommendation of shifting the lots in order to create the open space and the installation of a box culvert for pedestrian traffic and emergency vehicle access. Mr. Lohse noted that the reduction of in-lieu fees is not allowable if no recreation area is created, and if the City accepts the recreation area, RCHDC will be held responsible for paying the full fee amount. The Council queried staff relative to recreational space within the subdivision, the Mulberry Street extension, traffic volumes in the area, emergency access, impacts on the creek bank, and flood plain levels. Mr. Lohse replied that traffic volumes within that area did not warrant the cost that would be entailed to develop a street over Doolan Creek; a slightly larger box culvert would probably be required to alleviate flooding concerns; there are no details in the proposal that relate to the issue of the condition of the creek bank on the developed side; and there were no specific grading plans submitted with the project, although grading would be expected to be part of any stream alteration Regular Meeting - June 17, 1998 Page 2 248 agreement with the Department of Fish and Game. Staff has requested that riparian species be used on the creek bank. Discussion followed relative to whether a homeowners' association or the City would assume responsibility for the recreation area, wherein it was noted two other options had been suggested which involved either deleting the open space from the project plan entirely, or having the maintenance provided directly by RCHDC. Mayor Malone opened the public hearing at 7:41 p.m. Duane Hill, Executive Director of RCHDC, commented on the flood plain and box culvert, and stated RCHDC has submitted a plan to FEMA specifying the necessary requirements relative to elevations that the City Engineer has signed off on and FEMA has approved. He further commented upon the development and housing costs within the City, noting RCHDC's goal of providing housing for Iow income families, and clarified the statements in his letter to Mr. Stump relative to his altered recommendation regarding the open space and emergency access. The Council queried the applicant regarding the impact of potential costs for emergency access and open space on this development, and if RCHDC retained any type of interest in the property following build-out. Mr. Hill replied that if an open space is created and owned by the homeowners, this will make the subdivision a Common Interest Development, and necessitate the formation of a Homeowners Association and compliance with Common Interest Development regulations and costly insurance requirements. Under the Sterling Davis, a Common Interest Development consisting of less than 100 houses must carry substantial insurance, and if that coverage is not in place, then each individual homeowner can be sued. Another cost that may be incurred is if the Homeowners Association is not successful, and there are dues to be paid. Although RCHDC does not retain an interest in the property, they function as the Architectural Control Committee until such time as they are voted out by the homeowners. Albert Krauss, South Dora Street, voiced his concerns relative to the proposed development's small lot sizes and the potential closing off of the pedestrian walkway now in existence. Seiji Sugawara, Board Vice-President for RCHDC, spoke to RCHDC's mission of providing housing to Iow-income individuals, and stated that in order for the housing to remain affordable, compromises must be made in amenities such as parks and larger lot sizes. Communities that established small neighborhood parks during the 1960's and 1970's found that these parks were expensive to maintain, expensive to insure, difficult to control, tended to be underutilized, and often became a hangout for older teens, resulting in a high rate of police intervention. While the idea of open space is a wonderful concept, it becomes an affordability problem for Iow income families, who need to be given the opportunity to own their own home in a safe and comfortable environment. Also, construction of a pedestrian bridge and emergency access could possibly add $100,000 to the project and $3,000 to $5,000 per lot. Councilmember Kelly clarified that if the idea for the open space was abandoned, it would then come under the control and direction of one of the property owners, subsequently blocking the pedestrian access. Jared Williams, 151 Holmes Lane, Ft. Bragg, spoke in support of the applicant, and invited the Councilmembers to his home at Glass Beach to observe in person the type of home and subdivision that RCHDC builds. Marcia Williams, 151 Holmes Lane, Ft. Bragg, spoke in support of RCHDC's self~help program, and to the value of creating a larger community while working together to build each other's homes. Pat Stefani, 225 Washington Avenue, spoke against the necessity for open space in the development since the homes will have their own lawns for the children to play in, and against the pedestrian walkway, since most of the traffic consists of children on their way to school, and they can use another route. Matt Howard, 20 Olga Place, expressed his gratitude to RCHDC for providing him and others with the opportunity to own their own homes, and commented upon the rewarding sense of community among the neighbors who work together to build their own houses. Cecilia Vargas, 2101 South State Street, expressed her appreciation to RCHDC for making her Regular Meeting - June 17, 1998 Page 3 249 family's dreams of home ownership come true. Laurel Cannell, address unknown, spoke to the importance that building her own home made in her life, and stated she wished to see more people have the opportunity for home ownership. Melinda Howard commented that many families in the community are waiting for the Council's decision about their dream, and are praying that they approve this project. The public hearing was closed at 8:37 p.m. Mayor Malone commented on the positive nature of helping people to build their own homes, since it was also an investment in making them better community members. He stated the City would like to see some type of access in that area, as well as more parks in that end of town. Planning Director Sawyer advised that the City Attorney had just informed staff that the ordinance did not make reference to the Subdivision Map. Senior Planner Stump referenced Page 2, Section Seven of the proposed ordinance, and offered the following amendment to the section to resolve City Attorney Rapport's concern regarding the omission. SECTION SEVEN "The approval of the Development Plan shown as Exhibit "A", and the Tentative Subdivision Map shown as Exhibit "C", and entitled "Doolan Creek Subdivision" shall also be subject to the specified Conditions of Approval, which are included as Exhibit "B" of this ordinance." Discussion followed regarding the emergency access, wherein staff noted that the Fire Marshal will not sign off on the building permits unless the secondary access is included, but that he was amenable to provision for fire access either across the creek or through the apartment complex to the north. Since the owners of the property to the north will not permit an extension of the easement because of liability issues, RCHDC has identified the pedestrian access across the creek as the secondary access, although it will increase the costs and potentially eliminate some of the prospective families. Upon further discussion, RCHDC expressed the desire to consult with the Fire Marshal in an attempt to achieve a workable solution for meeting the access requirements. Senior Planner Stump suggested the following language change to Condition of Approval No. 10 on Page 2 of the proposed ordinance, which would reflect the intent of the above discussion: 10. At the discretion of the City Fire Marshal, a secondary emergency access or other acceptable fire protection measure shall be reviewed and approved prior to the issuance of any building permits for structures or other site development. Councilmember Kelly inquired of Community Services Director DeKnoblough regarding the concerns and maintenance costs relative to the proposed pocket park. Mr. DeKnoblough replied the problems mainly pertained to the proposed park's location by the creek, the related public safety issues, and the cost of traveling time and use of City equipment for the maintenance of such a small area. City Manager Horsley commented that the General Plan indicates a desire to have more green spaces and open areas within the City, but that it is preferable that they be privately owned and the neighborhoods responsible for their upkeep, since City maintenance becomes problematical when considering the possibility that in the future there potentially could be several times the amount of pocket parks than exist currently. Discussion followed regarding open spaces and parks, wherein staff noted the importance of design, location, and topographical components in order to insure public safety. It was suggested the in-lieu fees for this project would be better spent towards a regionally based park that would serve all of the residents in this area rather than the small pocket park within this subdivision, since there are unresolved maintenance issues. Senior Planner Stump recommended that, as a result of the above discussions, the in-lieu park fee Regular Meeting - June 17, 1998 Page 4 25O as stated in Condition of Approval No. 25 on Page 4 of the proposed ordinance, be increased from $30,822 to $61,634. MIS MastinlMalone to adopt the Negative Declaration No. 97-44, carried by the following roll call vote: AYES: Councilmembers Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Chavez and Ashiku. MIS Mastin/Malone to introduce by title only the Ordinance Amending the Official Zoning Map for the City of Ukiah, California, and Approving the Doolan Creek Subdivision and Planned Development Project, carried by a voice vote of all AYE. Absent: Councilmembers Chavez and Ashiku. Recording Secretary Giuntoli read the ordinance by title only. MIS MastinlMalone to introduce the ordinance, amended as noted above, carried by the following roll call vote: AYES: Councilmembers Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Chavez and Ashiku. RECESS: 9:16 p.m. RECONVENE: 9:26 p.m. 8b. Introduction of Ordinance Amending Articles 6, 7 and 8 of Chapter 2, Division 9 or the Ukiah Municipal Code Revising the Regulations for the Commercial Zonin~ Districts '- Senior Planner Stump reviewed the staff report relative to the ordinance, noting that the proposed revisions to the Commercial Zoning Districts are the result of direction provided in the General Plan, as well as the comments and suggestions of the Planning Commission during a public workshop and subsequent public hearing. Changes are also proposed to assure compliance with State law, and to improve the practical application of the regulations. He further noted that the proposed revisions include changes or additions relative to reformatting, name changes, allowed and permitted land uses, development standards, landscaping requirements, and parking standards for retail commercial land uses. Staff is proposing that the Zoning Code text for the three (3) Commercial Zoning Districts be updated and revised according to the direction contained in the new General Plan, as well as the direction provided by the Planning Commission during a series of recent workshops and a duly noticed public hearing. Moreover, the revisions reflect staff's ideas for creating a more usable set of regulations for the general public, staff, and the decision makers, and are intended to protect and enhance the local business community while fostering more aesthetically pleasing commercial development throughout the City. Mayor Malone opened the public hearing at 9:30 p.m. No one came forward to address the Council on this matter. The public hearing was closed at 9:31 p.m. Council queried staff relative to height standards, combination residential/business use, and historical buildings. The value of creating a living population within downtown areas by allowing individuals and businesses to occupy the same location was emphasized, with staff agreeing that although that was an achievable goal that other communities across the United States are engaged in, the issue of costs and priorities dictated its viability within this City at this point in time. MIS Mastin/Malone to introduce by title only the Ordinance Amending Articles 6, 7, and 8, Chapter 2 of Division 9 of the Ukiah City Code, carried by a voice vote of all AYE. Absent: Councilmembers Chavez and Ashiku. Recording Secretary Giuntoli read the ordinance by title only. MIS Mastin/Malone to introduce the Ordinance, carried by the following roll call vote: AYES: Councilmembers Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Chavez and Ashiku. ac. Introduce Ordinance Amending Section 3000 ("Model Code Adoption") of the City Building Regulations Planning Director Sawyer advised that, two years ago, the City Council adopted an ordinance which amended 3000 of the City Code, and established generic language for the continual adoption Regular Meeting - June 17, 1998 Page 5 251 of model building codes as they are periodically adopted by the State of California. When Planning staff and the City Attorney developed this generic language in order to ensure that our local codes were, by reference, always up to date in terms of the adopted model codes, the appendices of the model codes were inadvertently omitted. These appendices contain useful information and guidance on a variety of building-related subjects and issues, including alternative methods of construction, alternative methods of product installation, and grading and excavation of earth, among others. The City's Building Inspector is of the opinion that these specialty subjects are applicable from time to time, and that staff should have the enabling authority to refer to them when necessary. Staff believes it would be useful and beneficial to the public and the building community alike to expand the local building regulations, and therefore recommend the Council introduce the ordinance amending Ukiah Municipal Code §3000. Mayor Malone opened the public hearing at 9:44 p.m. No one came forward to address the Council on this matter. The public hearing was closed at 9:45 p.m. MIS Mastin/Kelly to introduce by title only the Ordinance Amending Section 3000 of the Ukiah City Code, carried by a voice vote of all AYE. Absent: Councilmembers Chavez and Ashiku. Recording Secretary Giuntoli read the ordinance by title only. MIS Mastin/Kelly to introduce the ordinance, carried by the following roll call vote: AYES: Councilmembers Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Chavez and Ashiku. . NEW BUSINESS Approval of 1997/98 Year End Budget Amendment City Manager Horsley and Finance Director Elton reviewed the Summary of Proposed Budget Amendments by Fund, and advised that throughout the year various budget amendments were presented for City Council approval as revenue and expenditure conditions changed or as specific new projects/programs were identified. Other changes have occurred during the year for which formal budget amendments were not prepared. Also, various authorizations for new programs were made by Council with the understanding that expenditures would be incurred, but without the formal adoption of a budget amendment to coincide with the project approval. This budget amendment recommendation is intended to formally establish budget levels for revenues, transfers and expenses which have, or still will, occur during fiscal year 1997/98. Staff believes that by bringing actual and budgeted amounts for both revenue and expenditures into closer alignment, a more up-to-date and therefore more accurate picture of the City's financial position will be presented to the public. The Council queried staff regarding various figures on the Summary. MIS Kelly/Mastin to approve the 1997/98 budget amendment as identified in the budget amendment schedules, carried by the following roll call vote: AYES: Councilmembers Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN' None. ABSENT: Councilmembers Chavez and Ashiku. 9c. Approval of Letter Opposing Federal Budget Reductions of Veterans Benefits Councilmember Kelly explained her request to have this item pulled from the Consent Calendar, noting that she wished discussion to occur relative to the fact that the monies created by reducing the benefits to veterans were being used to pay for federal priorities, such as various transportation projects, as was explained in the May 29, 1998 letter to Mayor Malone from Lindy Peters, Mayor of Fort Bragg. Discussion followed relative to what type of action the Council wished to take regarding this matter, wherein it was decided that the letter to the President, as drafted, would be the appropriate way to address the issue. MIS KellylMastin to authorize the Mayor to execute the letter, as drafted, opposing federal budget reductions for veterans benefits, carried by the following roll call vote: AYES' Councilmembers Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN' None. ABSENT: Councilmembers Chavez and Ashiku. Regular Meeting - June 17, 1998 Page 6 252 10. CITY COUNCIL REPORTS Councilmember Kelly reported on her conversation with Dr. Marvin Trotter of the Recreation Center group, and commented upon their frustration caused by the lack of an identified site for the proposed facility, and their hope that at some point in time either a piece of property or a building would be donated for development into recreational use. Presently the group is functioning on a Committee level, and is meeting to discuss potential kinds of programming that could possibly be accommodated in the Center. Mayor Malone inquired relative to the school site selection process in regards to the Montgomery Ward property. Councilmember Kelly replied she had spoken with Kim Logan, and was advised the School Board would be making a decision regarding a new school site in the near future. Negotiations surrounding the Ward site appear to be continuing, although there is a difference of opinion relative to the value of the property. Ms. Logan also advised her that the School Board had no specific requests regarding incentives that could be provided for the selection of that site, but would appreciate any considerations the City Council could give them. Councilmember Mastin reported on the success of the first Summer Concert in the Park. Mayor Malone reported on his attendance at the Railroad Committee meeting at which land negotiations with MTA for the 10 acres as well as funding sources were discussed, and the Ukiah Chamber of Commerce meeting relative to website production. 11. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley reported she had received a call from Governor Pete Wilson's office relative to the proposed reduction in vehicle license fees, and had responded with a letter stating the City's opposition to the reduction. The City Council adjourned to the Redevelopment Agency meeting at 10:08 p.m. The Redevelopment Agency adjourned and reconvene as City Council in closed session at 10:25 p.m. 12. 12a. CLOSED SESSION Conference with Legal Counsel - Anticipated Litigation - G.C. Section 54956.9(b) (one case) No action was taken on this item. 13. ADJOURNMENT Mayor Malone adjourned the meeting at 11'15 p.m. ., ~la~g/e Giu~oli, Rec'"~-ding Se~-retary b:ccmin\m061798.reg Regular Meeting - June 17, 1998 Page 7