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HomeMy WebLinkAboutMin 10-02-96487 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - October 2, 1996 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:36 p.m. Roll was taken and the following Councilmembers were present: Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. Absent: None. Staff present: Public Utilities Director Barnes, Assistant Redevelopment Director DeKnoblough, Finance Director Elton, Assistant City Manager Harris, Director of Public Works/City Engineer Kennedy, City Attorney Rapport, Personnel Officer Revheim, Planning Director Sawyer, Principal Planner Stump, and Executive Assistant/Deputy City Clerk Yoast. 2. INVOCATION/PLEDGE OF ALLEGIANCE Councilmember Wattenburger gave the invocation, and Councilmember Malone led the Pledge of Allegiance. 3. PROCLAMATION - OCTOBER AS DOMESTIC VIOLENCE AWARENESS MONTH Mayor Schneiter read the proclamation and Michelle Patterson accepted on behalf of Project Sanctuary. Ms. Patterson thanked the Council and invited individuals to attend a special event happening in the Council foyer surrounding the Clothesline Project exhibit. Discussion followed relative to the services being offered by Project Sanctuary, including counseling, the legal program, the Crisis line; and that Project Sanctuary's new address is 780 N. State Street, in Ukiah. 4. RIGHT TO APPEAL DECISION Mayor Schneiter explained the appeal process. 5. CONSENT CALENDAR M/S Mastin/Malone to approve the consent calendar, as follows: a. b. Gl d. e. g. Adopted Ordinance No. 972 Amending Chapter 4, Article 3, §1101 of the Ukiah Municipal Code, Relative to Appointment of Members to the Airport Commission Adopted Ordinance No. 973 Amending Ukiah Municipal Code §9651 to Cite the Revised Date of August 5, 1985, for the Study Entitled "The Flood Insurance Study for the City of Ukiah" Awarded Bid for three (3) Distribution Switches to Southwest Power Incorporated, in the Amount of $7,175.03 Adopted Resolution No. 97-25 Abolishing On-Street Parking Space and Establishing a No- Parking Zone on the West Side of North Bush Street Adjacent to the County Administrative Office Complex Adopted Resolution No. 97-26 Abolishing On-Street Parking Spaces and Establishing a No-Parking Zone/Bus Loading Zone on North Bush Street along the Frontage of 1051 North Bush Street Adopted Resolution No. 97-27 Appointing Parks and Recreation Committee Representative to the Golf Course Committee Received Report of the Award of Public Works Contract for Landfill Erosion Control Received Report Regarding Purchase of Top Dressing Sand for Golf Course Operations Received Report Relative to Construction of Moveable Walls in Grace Hudson Museum The motion carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSENT: None. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Angela Lane, Junior at Ukiah High School, shared information about the Peer Power Program at the High School that is teaching students communication skills, verbal and non-verbal, and conflict management. The program also includes a freshman mentoring program, tutoring after school, and the Big Buddies Program. She invited anyone who would like to know more about the program to call the High School. As it was not yet time for the Public Hearing, Mayor Schneiter moved consideration of Item 8a 488 to this time. Be UNFINISHED BUSINESS Adoption of Ordinance Amending the City Zonin,q Map to Rezone 17 Lots in the Low Gap North Neiqhborhood Councilmember Shoemaker excused himself due to a conflict of interest. City Manager Horsley indicated this ordinance was introduced at the last Council meeting and is before the Council at this time for adoption. Discussion followed relative to there being no comments or concerns expressed relative to this item, and that it had to be brought back under Unfinished Business due to Mr. Shoemaker not being able to vote on the Consent Calendar had it been adopted as part of the Consent Calendar. M/S Mastin/Malone to Adopt Ordinance No. 974 Amending the City Zoning Map to Rezone 17 Lots in the Low Gap North Neighborhood, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Mayor Schneiter. NOES: None. ABSENT: Councilmember Shoemaker. Councilmember Shoemaker returned to the meeting at this time. b. Consideration of State Propositions 213, 217, and 218 Ms. Horsley advised this item is before Council for discussion, as was requested at the last meeting. Assistant City Manager Harris explained the propositions, noting Proposition 213 would limit the number and types of lawsuits which could be filed by felons and convicted drunk drivers; Proposition 217 would reinstate the 10% and 11% state income tax rates with a percentage of the revenue distributed to local government; and Proposition 218 would require voter approval on most revenue generating measures initiated by local governments. Discussion followed relative to what the role of the Council is with regards to endorsing or opposing propositions, and the desire to educate the public. Mayor Schneiter advised he would not support a letter of support for Proposition 218. Mr. Rapport stated a city can do an analysis and make it public to the papers. The analysis can discuss how the legislation will impact the city and educate the public on what effect their vote would have. The city cannot write a letter of support or opposition, however. M/S Shoemaker/Malone to direct staff to draft an impartial analysis of Proposition 218 and distribute as appropriate, carried by an all Aye voice vote. Mayor Schneiter noted that there would be a change to the agenda, Agenda Item 7d, becomes 9b, and 9b becomes 9c. o PUBLIC HEARING - 7:00 P.M. Introduction of Ordinance Amendin.q Airport Industrial Park Planned Development Ms. Horsley advised this item has gone before the Planning Commission and is coming to the City Council at this time in the form of an ordinance amending the Industrial Park Planned Development (AlP PD). Senior Planner Stump noted the Redwood Business Park of Ukiah and Ken Fowler Motors are joint applicants on this matter. They are proposing to amend the AlP PD ordinance to expand the retail commercial land use designation to include the 16 acres south of Friedman Bros. and east of Airport Park Boulevard, essentially all the property fronting the freeway. They are also proposing to add "Automobile Dealerships and Related Uses" to the list of allowed uses in that retail commercial land use designation, and changing the "Professional Office" Land Use designation to "Professional Office and Retail Commercial" for the northwest corner of the AlP. There are a number of smaller changes proposed as presented in the staff report having to do Regular Meeting October 2, 1996 Page 2 489 with engineering and City Engineer interaction on street improvements. On September 11, 1996, the Planning Commission conducted a public hearing to consider these amendments. Staff recommended the Planning Commission not support the proposed amendments and recommend disapproval to this Council. The first reason staff is recommending disapproval, is that the smaller engineering changes would reduce the City's ability to regulate growth and development in the Park, and would also strip the City Engineer of his oversight responsibilities. Mr. Stump continued regarding the 16 acres south of Friedman Bros., staff is against the Retail Commercial designation because it could lead to the proliferation of big box retail in that area, which based on past decisions of this Council, would be inappropriate. Staff prepared an alternative to designate that 16 acres as Industrial, but also adding "Automotive Commercial," providing the opportunity for automotive commercial related uses in that area. Staff felt retaining the possibility of industrial uses in that area is essential and the automotive commercial is quite different than the typical retail commercial. You would see smaller buildings, more landscaping, and the gateway and view corridor, that is so important in that portion of our community, would not be tarnished as it would with a .row of big box development. He added that Ken Fowler Motors indicated their conceptual planning for the area would include a small building designed by a professional architect, an aggressive landscaping plan, and a whole set of strategies for softening the impacts that may be associated with any kind of development along that freeway. It is staff's opinion that this type of site planning and design would be entirely different than the type of development that could occur with retail commercial uses, and more importantly, some industrial uses. Industrial uses could involve large buildings that would present a massing along the freeway. The Planning Commission voted unanimously to recommend to the City Council denial of the proposed amendments and not support staff's alternative either. They did unanimously vote to allow retail commercial to continue in the northwest corner, the Kraemer property, that is built out with small shops and professional offices, with the securing of a use permit. Staff usually likes to support the Commission's recommendation, however, in this case we respectfully disagree and are recommending that the Council introduce the ordinance that will designate the area south of Friedman Bros. and east of the Airport Park Boulevard as Industrial and Automotive Commercial. Ms. Horsley addressed Council's concern relative to the appearance of a "sea of cars." The design proposed by Fowler Motors establishes two berms with landscaping on the east side of the property. In addition, if you did have a large industrial complex such as Carousel Carpets, Retech, or Masonite, you could also have hundreds of employee cars parking. Another question was what the average price is for industrial land. Staff obtained statistics which shows the average price ranging from $1.50 to $3.00 per square foot in Mendocino and Sonoma Counties, with the exception of industrial land south of Petaluma brings $4.00 to $4.50 per square foot. Discussion followed relative to the types of allowed uses on the northwest portion of the project and how businesses such as Coffee, Tea, and Spice comply. Mr. Sawyer indicated Planning staff will sign off a business license if a like use replaces a use established under a use permit or by zoning compliance. Mr. Rapport explained that City Code specifies when a pre-existing non-conforming use can no longer continue and must come into compliance with current zoning, is when the structure is changed. Discussion followed relative to the "Industrial Automotive" term being one staff introduced. This is a stand alone ordinance and the City Council can codify the ordinance as long as it is consistent with the General Plan. Mr. Shoemaker noted this change could allow Pep Boys, Kraegen, RV sales, and other retail automotive outlets in the area, and asked if there can be an exclusion against selling used vehicles. Mr. Rapport felt the Council could come up with a rational basis for making that distinction. Mayor Schneiter noted he received a letter, dated September 25, 1996, from Doug Strong suggesting that Council could defer action on this item to another time so other individuals who Regular Meeting October 2, 1996 Page 3 490 might have concerns can participate. Public Hearing Opened - 7:19 p.m. Tom Montosonti, 545 Mendocino Drive, read a letter into the record indicating why he feels the application is not appropriate, and requested more time for review. He wants to see business prosper while maintaining the quality of life in this valley. Lee Kraemer, 1990 Vichy Springs Road, owner of 415-419 Talmage Road, General Partner for 401-413 Talmage Road, and a commercial and investment real estate broker who's office is located in the Park. He explained he has been involved in this Park since 1979, and gave a brief history of events. He noted the properties were zoned as professional office and retail commercial, and they were assured that is what they would continue to be, and the City kept its word through a lot of zoning proposals, until October 1995, when Ordinance 959 was adopted based on an application for other locations in the Park. He noted he had no warning as a property owner that any action would be taken on his parcel, consequently, did not attend the meeting and found out after the fact that my property had been rezoned. He explained why he feels the property should retain its retail and office nature. The Planning Commission has basically agreed, but they want to put development through a Use Permit process, and any potential tenant would have to file an application, and those delays would be detrimental. We need to remember that economies change and what is popular today is not popular tomorrow, and retail uses should be attracted because we are not attracting industrial users. He explained how important the appearance of a healthy Park is to attract new business, which in turn increases jobs, property taxes, and sales tax for the City's budget. Phil Baldwin, 627 Willow Avenue, noted concern over staff being in an advocacy position on this matter. He noted landscaping, signing, and design review have not been effectively utilized in this community, whether it be commercial or industrial. Technically, this is not an amendment to the General Plan, it is an amendment to an Industrial Park Planned Development and asked Council to remember the intent of the old General Plan, the new General Plan, the citizens that volunteered to develop the Plans, and Council's comments when it approved the Friedman Bros. project to "draw the line there, allowing nothing but Industrial south of Friedman's." He asked Council to postpone this decision and allow it to become a referendum in the upcoming election. Doug Strong, retired county employee and resident of Ukiah Valley since 1964, expressed concern over the zoning of the Industrial Park and noted automobile dealerships will detract from the aesthetics of this area. He urged the Council to not allow the use. Ken Fowler, 2151 Sierra Place, Ukiah, advised an automobile dealership can be complementary to the 101 corridor in Ukiah. They propose to have an attractive facility, compatible with what the citizens of Ukiah want, and also compatible as an industrial site, which might include a square box building, loading trucks, docks, pallets, etc. He feels the corridor should be a retail center and noted light industry and manufacturing does not want to be in that location. Gary Akerstrom, 425 Talmage Road, representing Redwood Business Park, quoted Planning Commissioner Pruden wherein she said, "This has nothing to do with Ken Fowler Motors. The issue here is the continual proposal for amendments to the Industrial Park. I don't want to do any more amendments as a Planning Commissioner, I don't want to do this one." He expressed two concerns over the statement. First, not wanting to consider an application is a denial of due process which is getting into a civil rights issue, and secondly, is the perception that there are continual amendments that have gone through for this Park, which is not true. It has always been zoned Planned Development and been designated for a mixed use. He provided a history of zoning designations since 1980 to the northwest portion of the application, and explained what they are asking at this time is the reestablishment of Office/Commercial with commercial uses being an allowed use, as approved in 1990. As Mr. Kraemer stated, the difference between an allowed use and a permitted use, is if you have a client and the first thing you hit them with is having to apply for a Use Permit, they will probably go down the road. He gave the history of the other area that is along the freeway south of Friedman Bros. Last year this area was also designated by the City Council as Industrial only, and he is not asking for a new definition that is radically different from that available for the past 15 years, or a dramatic change in the approval process. We are asking to reinstate some of the uses that were eliminated in staff's recent amendment. He noted the Chamber of Commerce just published a response to various questions Regular Meeting October 2, 1996 Page 4 491 by City Council candidates. One thing that came across is that the City needs business taxes to fund City services. What we are asking for is changes that will encourage business growth with the associated tax revenues and jobs. The City now receives $400,000 in sales tax, and the Redevelopment Agency receiving $152,000 in property taxes from Redwood Business Park. Hopefully these figures will grow, but the City has to help us make it possible. Jack Cox, 551 Poma Lane, explained a simpler way to do this is to amend the allowed uses in an Industrial zone to include auto dealers. He has no problem if Council changes it to retail, however, the City went through the General Plan process and it was determined that a certain amount of Industrial land was needed in the community. He would not want to see the Council change this site from Industrial to Retail, however, and then it cause some other Commercial areas in town to go Industrial. Closed Public Hearing - 7:47 p.m. Mayor Schneiter noted there is no time to put this item on the upcoming election, there would have to be a special election. Mr. Stump noted to add Automotive Dealerships as an allowed use to the Industrial designation, would potentially allow the use on the west side of Airport Park Boulevard, and staff thinks they should be limited in the Industrial Park with a Use Permit or Site Development Permit, rather than allowed throughout the Industrial area. Mayor Schneiter questioned if the subject property is developed, would a boundary line adjustment be required to shift certain boundaries and maintain a certain number of parcels. Mr. Stump noted lots cannot be increased beyond what currently exists without filing a subdivision or parcel map, but you can adjust the lines to accommodate a certain use. Discussion followed relative to the options the Council could take on this item. Mr. Rapport advised if the Council modifies or proposes some zoning that was not considered by the Planning Commission, it would have to go back to the Planning Commission before adoption. While this is an amendment to the Planned Development, it is processed as if it were a Code Amendment because it is adopted as an Ordinance, and the Code says that you may approve, modify, or disapprove the recommendation provided, however, any modification or alternative of the proposed amendment not previously considered by the Planning Commission, shall first be referred to the Commission for report and recommendation. Discussion followed regarding Mr. Kraemer's property, and any delay would find this item between this Council and a new Council. Commissioner Malone noted he had additional questions for the applicant. Public Hearing Reopened - 7:55 p.m. Mr. Malone questioned how much of a typical automobile dealership building is devoted to sales, to parts, to service, and how many employees are employed in those areas. Mr. Fowler noted two-thirds of the floor space and employees are devoted to parts and service aspects of the business. Mr. Malone asked how many customers daily come in to buy cars, versus parts and service. Mr. Fowler noted that approximately 35 to 50 cars are serviced in a day, and another 25 cars are there for sales. He advised they have approximately 36 full-time and 4 part-time employees. Ms. Horsley indicated Council has an interest in seeing good living wages being paid to employees and questioned what the salaries and benefits were for the employees of the business. Mr. Fowler answered that a car washer makes approximately $5 per hour, with the average salary Regular Meeting October 2, 1996 Page 5 492 being just under $12 per hour, plus benefits. Discussion followed relative to the type of advertising that will occur on the site, and what type of landscaping plan is proposed. Mr. Fowler advised that GM Motors must approve any advertising scheme, and they can only draw customers through a facility that is attractive. They try to keep the flags and balloons to a minimum, but those types of details do create an atmosphere for the salespersons. He noted they would not be using large helium type balloons soaring high above the parcel, and the business has from 200 to 250 cars at a time for sale. Commissioner Mastin asked Mr. Fowler to address the relationship between industrial and automotive commercial. Mr. Fowler explained their business is segmented because we have a parts section and 18 to 20 service-related employees. A large part of our business is taking care of the vehicles we sell, and there is an Industrial/Heavy Commercial aspect to that. Public Hearing Closed - 8:03 p.m. Mr. Malone noted most of the community's concerns relate to aesthetics, that this use will provide a Iow intensity business that would look just as good as Industrial, and thinks the Council should endorse it. Councilmember Mastin disagrees that this is heavy industrial use, but feels it is a preponderance of retail or commercial. One problem he has with the Redwood Business Park is that Planned Development is a misnomer. He feels nothing has been planned in the past and it is not planned now. This is a knee-jerk reaction from someone who wants to buy property. Mayor Schneiter noted the Planning Commission's motion was to recommend denial based on Findings 1 through 4, then on a motion by McCowen, seconded by Ashiku, recommended the City Council allow Retail Commercial as an allowed use and asked staff to prepare the appropriate findings, and he questioned what kind of findings staff is going to make. Mr. Stump noted the intent was to acknowledge that it is already built out as retail commercial and is, therefore, existing, and would not represent a proliferation of new Commercial. Mr. Shoemaker noted that focusing on the particular applicant is a mistake since this is a land use action, not a site development action. If this is approved this evening, Mr. Fowler's interest might not follow through and then a facility such as Pep Boys, Kragens, or Big O, would be welcome in the Park, and he has a problem in that regard. He noted if the applicant could be considered, however, he cannot think of a better applicant for the project. Mr. Wattenburger noted he thinks this is not that much of a change of what we have seen from the applicant and development in the past. As far as allowing automotive industrial, he does not see that as much of a change. We have been looking at this for the last 8 1/2 years he has been on the Council, and there are only three additional buildings. A lot of things have been said about Redwood Industrial Park, and he feels it should have been labeled the Redwood Business Park because that had the highest probability of uses, instead of designating it just as Industrial. He thinks it is very intelligent to designate this as Industrial-Automobile related, and take in the whole west side of the street also. Mr. Malone commented he would be willing to drop the "related facilities" because he believes that automotive dealerships are really industrial related and not high intensity retail. Auto dealers are an industry with good paying jobs. Mayor Schneiter noted there are certain staff recommendations that have to do with accelerations, left-turn lanes, etc., not related to other properties. He asked Council to deal with those and then deal with the issue of the northwest property, and then deal with the issue for the Fowler site. He reminded Council that the Planning Commission took two actions, one was to deny Amendment Application 96-38 based on Findings 1-4. The second motion, which includes those issues not related to Fowler property and not related to the northwest, so they in fact denied Regular Meeting October 2, 1996 Page 6 493 those amendments. He asked if the Council could separate and act on individual issues. Mr. Rapport indicated the Council could approve or disapprove all those things without it going back to the Planning Commission because all those things were presented to and considered by the Planning Commission. Mayor Schneiter questioned Council's desire on the issues not related to the northwest property or the subject Fowler Automotive project. M/S Shoemaker/Schneiter to deny the applicant's proposed amendments unrelated to the northwest property or the 16 acre parcel south of the Friedman Bros. store, carried by the following roll call vote: AYES: Councilmember Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSENT: None. Mayor Schneiter advised the Planning Commission voted to recommend that the Council allow Retail Commercial in the built-out property in the very northwest corner of the AlP. M/S ShoemakerANattenburger to allow Retail Commercial land uses as an allowed use in the built-out northwest corner of the Airport Industrial Park, striking the use permit wording. AYES: Councilmember Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSENT: None. Mayor Schneiter turned attention to the property south of Freidman Bros. He noted the CEQA work has been done, which looks at the impact for a use of a more severe project than what is being proposed tonight. Another issue is the cost of the land, and the condition of the Park, it would look a lot better if it were being used. It may be poor planning, but it has had plenty of public review. It does not contribute to the pollution of the valley, or have any detrimental effect, and the City has nothing but to gain. M/S Wattenburger/Schneiter to approve the changes contained in staff's proposed amendments. M/S Malone/Shoemaker to amend the motion to delete item 8.1.c under Allowed Uses on Page 7 related to automotive dealerships such as tire stores, auto parts stores, car washing facilities, etc. The motion carried by the following roll call vote: AYES: Councilmember Mastin, Malone, Wattenburger, and Shoemaker. NOES: Mayor Schneiter. ABSENT: None. M/S Schneiter/Malone to move E.1 .c. to permitted uses on page 8, as Item E.2.e, under Permitted Uses, to read Uses Related to Automobile Dealerships such as tire stores, auto part stores, car washing facilities, automobile repair business, etc. The motion failed by the following roll call vote: AYES: Councilmembers Wattenburger and Mayor Schneiter. NOES: Councilmembers Mastin, Malone, and Shoemaker. ABSENT: None. M/S Malone/Shoemaker to approve the staff recommendation deleting Item E.l.c on Page 7, carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, and Mayor Schneiter. NOES: Councilmembers Mastin and Shoemaker. ABSENT: None. Councilmember Mastin responded to a comment Councilmember Malone made relative to industrial jobs in this county and how auto dealership will be one of the higher industrial jobs that we can expect. He spent a couple of hours in Willits today and was amazed at how they are able to attract industrial business there. One of the reasons they are doing it is because of the quality of life in our area, and it is unfortunate that Ukiah cannot attract the same clientele in the industrial arena. Break: 8:38 p.m. Reconvene: 8:49 p.m. M/S Wattenburger/Schneiter to read by title only the ordinance amending the Airport Industrial Park Planned Development carried by an all Aye vote. The Deputy City Clerk read the ordinance by title only. M/S Wattenburger/Schneiter to introduce the Ordinance Amending the Airport Industrial Park Regular Meeting October 2, 1996 Page 7 494 Planned Development, as revised by Council, carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, and Mayor Schneiter. NOES: Councilmembers Mastin and Shoemaker, ABSENT: None. 7b. Introduction of Ordinance Amendinq the City Zonin.q Map to Rezone 149 Lots in the North/Central Area Neiqhborhood Jim Wattenburger excused himself on this issue, as his property is one of the affected properties, as did Mayor Schneiter, since his home is within 300 feet of the subject property. Mr. Stump noted this is Phase 4 of the city-wide General Plan rezoning program, and involves 149 lots situated in what is referred to as the North/Central area, which is comprised of residential zoning classifications with nearby commercial and public zoning districts. He explained the current zoning as well as the proposed revisions, and that the Planning Commission considered this item at their September 11 meeting. The Commission voted unanimously to recommend that the City Council approve three of the four rezoning groupings. They had a deadlocked 2-2 vote on the area discussed in Item 1 of staff's report, as to whether or not these 91 parcels should be rezoned from "R-1" to "R-2," as suggested in the General Plan. Additionally, block 251, situated along the east side of Dora Street, between Church Street on the north and Stephenson Street on the south, was not discussed by the Commission because two of the four Commissioners had potential conflicts of interest, and a quorum was not possible. Mr. Stump advised it is staff's recommendation to support the designations provided in the General Plan. He pointed out an error in the staff report that has a bearing on blocks 211,212, and 213, just north of block 251. There are three blocks along the east side of Dora between Smith and Church Street. The Planning Commission was not deadlocked on these three blocks. The Commission voted unanimously to recommend the R-1 be retained for those properties, but staff is recommending that it go R-2. Staff is requesting the public hearing be opened, and that City Council introduce by title only the ordinance rezoning the 149 lots in the North/Central area. Discussion followed relative to the recommended zone changes. Public Hearing Opened - 9:03 p.m. Dorothy Tracy, 520 W. Standley, expressed concern relative to changing the zoning to R-2 from Smith to Clay Streets, and stated the only benefit will be to the Catholic Church. Gordon Elton, 514 W. Smith, advised that he bought his house in an R-1 zone with the understanding that the area was all R-l, and noted he would oppose having multi-family housing across the street from his house. He requested that this area remain R-1. Public Hearing Closed - 9:05 p.m. Discussion followed relative to areas of concern, that staff was attempting to follow the General Plan, however, it appears that the "broad brush" approach is not logical in some instances. Mr. Sawyer explained the Steering Committee debated quite a bit about the area surrounding the Church. The Church wanted R-3, high density, and there was a strong sentiment expressed that it remain R-1. They ultimately decided it should be higher than an R-1 because it is on a collector street, and it would be fair to characterize the Steering Committee's decision on this as a compromise between extreme positions. Mr. Shoemaker determined that it was a close vote in this instance, there being a series of motions and failures, and it was not unanimous by any means. Mr. Sawyer noted he went back through the minutes of 3 1/2 years of General Plan development and felt that on this particular site, staff's recommendation is soft and R-1 would be acceptable. Mr. Malone noted he has no problem with the R-3 to C-1 for the acupuncture clinic behind the phone company, but does have reservations about the rest of the R-3 vertically to that. He would advocate leaving those parcels alone. The only other parcel is on Standley Street, with the northern lot fronting on the City parking lot, and he would not object to those going to commercial, to keep the commercial on the interior downtown core. Regular Meeting October 2, 1996 Page 8 495 Mr. Shoemaker verified that R-3 is acceptable in a C-1 zone with a use permit. Discussion followed relative to parking lot zoning, and the City Attorney noted if there was going to be a change from an R-3 to an R-2, the item would need to be referred back to the Planning Commission for reconsideration. If all the noticing and discussion was from R-3 to C-1, he suggested the Council can separate this part out of the motion, refer it back to the Planning Commission, and within 30 days it can be brought back with the Planning Commission's recommendation. M/S Malone/Mastin to retain the R-1 zoning for the subarea east of Oak Street between Gibson Street and Henry Street, and east of School Street between Ruddock Street and Henry Street; and retain the R-1 zoning for blocks 211,212, 213, and 251 along the east side of Dora Street between Smith Street and Stephenson Street; and amend the official zoning map for the City of Ukiah to rezone the four sections shown on the map attached to the proposed ordinance from R-3 to R-l; the five blocks between Pine Street and Bush Street, and Clay Street and Smith Street from R-3 to R-2; the City Parking Lot within block 218 from R-3 to C-1; lot 1 in block 257 from R-3 to C-1; and the remaining properties proposed for rezoning from R-3 to C-1 along the east side of Pine Street between Perkins Street and Stephenson Street shall be referred back to the Planning Commission to consider the R-2 zoning classification, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, and Shoemaker. NOES: None. ABSENT: Councilmember Wattenburger and Mayor Schneiter. M/S Malone/Mastin to introduce by title only the ordinance, as amended, of the official zoning map for the City of Ukiah by an all Aye vote of the Councilmembers present. The Deputy City Clerk read the ordinance by title only. M/S Malone/Mastin to introduce the ordinance amending the Official Zoning Map for the City of Ukiah, California, as revised, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, and Shoemaker. NOES: None. ABSENT: Councilmembers Wattenburger and Mayor Schneiter. Councilmember Wattenburger and Mayor Schneiter returned to the meeting at this time. C. Consideration of Establishing Capital Improvement Fees at the Airport Industrial Park (continued from September 18) Mayor Schneiter advised this item will be taken off the agenda and renoticed for a future meeting. M/S Wattenburger/Shoemaker to declare that the public hearing regarding Capital Improvement Fees at the Airport Industrial Park will not be held at this time and will be renoticed for consideration at a later date, carried by a unanimous voice vote of all Aye. . NEW BUSINESS Discussion of Bud.qet Reduction Measures and Approval of Elimination of Positions Ms. Horsley noted that during budget discussions it was determined the City would have an approximate $1 million shortfall. At that time, Council asked the City Manager to come back during the first three months of the fiscal year so this Council could entertain proposed cuts. After Department Heads held four strategic meetings to come up with scenarios on ways to cut expenditures and raise revenues, the discussions were taken to the negotiation units. She explained the Management Units and Directors offered benefits back to be able to provide golden handshakes to a couple of employees, and she went on to outline which positions were being eliminated, which equipment and consulting services would not be obtained, and a reduction in hours for one department, with others considering it. Mayor Schneiter expressed appreciation for the effort staff put into coming up with these solutions. Discussion followed regarding the ramifications of reducing the work week for a period of three months for the citizens and employees, and that if there was a reduced work week they would try to do it at a time of year that is slower than another. Regular Meeting October 2, 1996 Page 9 496 Mr. Shoemaker suggested the idea of having "rain days" off because many of the crews would not be doing a great deal of outdoor work on those days. Ms. Hotsley explained there is a lot of flexibility, and 100% of the credit goes to everyone trying to find ways to make this happen. She then noted she could not ask for cutbacks in employees, without working full-time on revenue enhancements. Before these new revenue enhancing program can make a difference, there may need to be a reduction of certain hours to give us time to increase revenues. Mr. Shoemaker noted he has seen a sentiment in the newspaper and community to make even more cuts. Councilmember Wattenburger and Shoemaker expressed appreciation for the way the City Manager has taken the lead in this and for the time she is taking to work with all the employees in this team concept. M/S Malone/Wattenburger to approve elimination of positions as well as other cost-saving measures outlined in staff report, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSENT: None. 9b. Adoption of Resolution Relative to Employee Retirements Ms. Horsley relayed that there are two golden handshakes the City has offered, and it is necessary for the Council to meet PERS requirements. · Personnel Officer Revheim advised that PERS allows early retirement if the governing board feels it is in the best interest of the agency, and if various eligibility requirements are met, such as the employee being at least 50 years of age and having at least 10 years of service credit. The golden handshakes are being offered to a Customer Service Representative I and Street Sweeper Operator position. The early retirement offer would give these employees one year of service credit. She explained the associated cost savings of $62,723 in the first year for the elimination of the two positions. M/S Wattenburger/Malone to adopt Resolution 97-28 Regarding Employee Retirements and to authorize the Mayor to sign a Certification of Compliance and Agreement to Requirements for Section 20903.5, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSENT: None. b. Review of Proposed Lea.que of California Cities Resolutions It was determined that Mr. Malone was the only Councilmember attending the annual League meeting, and would therefore, be the City's authorized voting delegate on the resolutions. M/S Wattenburger/Schneiter to approve designation of Councilmember Malone as the City's authorized voting delegate at the Annual League of California Cities Conference, carried by an all Aye vote. Mr. Malone noted the new League President does not want to allow some of the motions that were made at the last annual meeting, he wants to reconsolidate the power back under the President, and he noted his disagreement with that notion· After discussion, it was noted that the delegate would vote disapproval on Resolutions 1 and 3. 10. CITY COUNCIL/REPORTS Mr. Mastin advised he will be gone for three weeks and will miss the meeting of October 16. He further noted he attended the party for Mr. Hauser on Friday. He noted Economic Development Financing Corporation met in Willits today and took a tour of Willits' new electronic plant· He noted it is very nice and they have exceptional incentives for their employees. Right behind that building is MCI's assembly plant that is another four or five acres off of Hill Road. He noted that Willits seems to be able to attract industrial businesses. He noted Jim Mayfield resigned from Regular Meeting October 2, 1996 Page 10 497 the EDFC Board, and currently there are about eight vacancies, so they are considering eliminating some of the 21 positions, as it is hard to get a quorum. He advised he talked with Ft. Bragg's Redevelopment Agency Executive Director, who currently is not allowed to talk to the City Manager, due to the controversy surrounding the railroad. Mr. Malone advised he drove to Eureka today to work with Dan Hauser in his new office at the North Coast Railroad Authority. He further advised that he was recently in a session with employers working with EDD and PIC and they came up with a group of local employers, big and small, and discussed what we were looking for in the job market and what hiring techniques are used. They recently came up with a program for the "cream of the job pool" and those who have been out of the job pool who are ready to go to work. Councilmember Wattenburger advised he had nothing at this time. Mr. Shoemaker noted the next MSWMA meeting is October 19, and every elected official will receive notification of the meeting. He advised if anyone has issues they want on the agenda to let him know. He noted that Monday is the MCOG meeting, and asked the Director of Public Works if he had any issues he would like addressed. Next Friday he is going out to lunch with the Mendocino Employers' Association, and he rode in the Wells Fargo Stage at the fair. Further, he met with George Raurer out of Barbara Boxer's office and gave him some information from Darryl Barnes regarding electrical deregulation and also what we want to do with the railroad depot. Ms. Boxer will probably show up at the depot in December. They will be getting back to us about electric issues also. He advised the League is conducting a seminar to address last year's sessions, new legislature and how it will affect cities, and questioned which of the two remaining Councilmembers wanted to attend. Mayor Schneiter advised they conducted the four interviews with the investment firm finalists. He noted the October 16, 1996 Council meeting will be his last. 11. CITY MANAGER/DEPARTMENT HEAD REPORTS Ms. Horsley explained there will be train excursions going through Ukiah over the next two weeks and the Make a Difference Committee has made up packets to give to people on the trains covering a lot of information about Ukiah and also advertising special events. She distributed a floor plan of the foyer area, which will move the cashiers to the front and move the reception area further back, closer to the copy and fax machines. She noted they are also looking at possibly carpeting the area to bring down the noise level. She noted, because of the elimination of much of the noise, it will make a big difference in productivity because the noise level would drop considerably for those working close to the foyer area. 12. CLOSED SESSION Pursuant to Government Code Section 54957 (Public Employee Performance Evaluation - City Mana.qer Position) Council went to Closed Session at 10:10 p.m. Council came out of Closed Session at 11:09 p.m. No action was taken. 13. ADJOURNMENT There being no further business, the meeting was adjourned at 11:10 p.m. Karen Yoast, Dep,~City Cler~,- 4.'CC:Mn10296 Regular Meeting October 2, 1996 Page 11