HomeMy WebLinkAboutMin 09-18-96480
MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - September 18, 1996
The City Council convened in a regular meeting, of which the agenda was legally noticed and posted,
at 6:35 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. 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 City Manager Harris, Public Works Director Kennedy, City Attorney Rapport, Planning
Director Sawyer, Senior Planner Stump, Senior Civil Engineer Woods, and City Clerk Giuntoli.
2. Invocation/Pledge of Allegiance
Assistant City Manager Harris gave the Invocation, and Mayor Schneiter led the Pledge of
Allegiance.
1
Approval of Minutes
i. Special Meeting - August 30, 1996
MIS Shoemaker/Malone to approve the Minutes of the Special Meeting of August 30, 1996 as
submitted, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone,
Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN' Councilmember Wattenburger.
ABSENT: None.
ii. Regular Meeting - September 4, 1996
MIS MaionelMastin to approve the Minutes of the Regular Meeting of September 4, 1996 as
submitted, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone,
Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT:
None.
4. RIGHT TO APPEAL DECISION
Mayor Schneiter explained the appeal process.
5. CONSENT CALENDAR
MIS Mastin/Wattenburger to approve the Consent Calendar as follows:
a. Received Report of Disbursements for the Month of August, 1996.
b. Denied Claim for Damages from Juanita Oneslager, and Referred to City Insurance Carrier,
REMIF.
c. Awarded Contract to Central Striping Service, Inc., for the Performance of Street Striping
1996, Specification No. 96-12, in the Amount of $11,615.92.
d. Awarded Bid to American Roofing Company for Roof and Gutter Replacement at the
Wastewater Treatment Facility, in the Amount of $16,750.00.
e. Authorized the City Clerk to Publish the Notice of Completion Relative to the Levee Repair
Project at the Wastewater Treatment Plant and Authorized the Release of Retention Funds.
f. Awarded Contract to Ferranti Construction for the Construction of Leachate Piping
Improvements at the Ukiah Landfill, Specification No. 96-14, in the Amount of $99,807.00.
g. Received and Filed Repod Regarding the Purchase of Two Electric Vaults to the Quikset
Organization, in the Amount of $6,790.00.
h. Awarded Bid to NTU Technologies for the Purchase of Liquid Polymer Blend, in the Amount
of $31,347.40.
i. Adopted Resolution No. 97-19 Amending Appendix to Conflict of Interest Code.
j. Received Report Regarding Estimated Costs for Employee Retirements.
k. Adopted Amendment of Procedure for Sales of Surplus or Obsolete Materials, Used
Equipment, and Supplies.
I. Adopted Resolution No. 97-20 Summarily Vacating a Podion of Commerce Drive Adjacent
to the West of Right-Of-Way of U.S. 101 Highway, and Resolution No. 97-21 Summarily
Vacating a Public Utility Easement on the South Side of Commerce Drive.
Discussion for the point of clarification ensued regarding item 51.
The motion carried by the following roll call vote: AYES: Councilmembers Mastin, Malone,
Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT:
None.
Regular Meeting - September 18, 1996
Page I
481
6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward.
Mayor Schneiter advised that Item 8a would be heard at this time, since it was not yet the 7:00 p.m.
hour scheduled for the Public Hearing.
Sm
UNFINISHED BUSINESS
Adoption of Resolution Appointing Public Member to Investment Oversight Committee
Assistant City Manager Harris reviewed the staff report and the applications of Monte Hill and
Allen Carter.
Discussion followed regarding applicant Allen Carter's candidacy for City Treasurer, and his current
position on another City Commission.
MIS SchneiterlMastin to nominate Monte Hill as the Public Member of the Investment Oversight
Committee, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone,
Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT:
None.
MIS Mastin/Wattenburger to adopt Resolution No. 97-22 Confirming the Appointment of Monte Hill
as the Public Member to the Investment Oversight Committee, carried by the following roll call vote:
AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES:
None. ABSTAIN: None. ABSENT: None.
8b. Adoption of Resolution Appointing Planninq Commissioner
Assistant City Manager Harris reviewed the staff report, stating that Cheryl Baker had resigned her
position on the Planning Commission effective August 21, 1996, leaving an unexpired term which
will terminate on June 30, 1998. He further stated that an interview had been conducted with
applicant Jennifer Puser at a special Council meeting held prior to the evening's regular Council
meeting, and that applicant Paul Eveleth had been interviewed at a special Council meeting on July
17, 1996.
MIS Schneiter/Mastin to nominate Jennifer Puser to the Planning Commission to fill the unexpired
term of Cheryl Baker, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone,
Wattenburger. Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT:
None.
MIS MalonelMastin to adopt Resolution No. 97-23 Confirming the Appointment of Jennifer Puser
to the Planning Commission, carried by the following roll call vote: AYES: Councilmembers Mastin,
Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None.
ABSENT: None.
ac.
Discussion and Introduction of Ordinance Amending Chapter 4, Article 3, Section 1101,
Relative to Appointment of Members to the Airport Commission
Assistant City Manager Harris advised there had been no response to the advertising for a City of
Ukiah resident to serve on the Airport Commission. The proposed ordinance would allow a third
member of the Commission to reside outside of the City Limits, thus enhancing the capability to
maintain a full Commission without compromising its ability to appropriately address Airport issues.
MIS MalonelMastin to introduce by title only the Ordinance Amending Section 1101 of the Ukiah City
Code Goveming the Appointment of Members to the Airport Commission, carried by an all AYE voice
vote.
City Clerk Giuntoli read the Ordinance by title only.
MIS MalonelMastin to introduce the Ordinance Amending Section 1101 of the Ukiah City Code
Goveming the Appointment of Members to the Airport Commission, carried by the following roll call
vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter.
NOES: None. ABSTAIN: None. ABSENT: None.
Regular Meeting - September 18, 1996
Page 2
8d.
Rejection of Bids for Traffic Signal Construction - North State Street, Low Gap Road,
and Brush Street, Specification No. 96-05
Councilmember Shoemaker recused himself from the meeting at 6:49 p.m., stating that he owns
property adjacent to the project.
Public Works Director Kennedy advised that staff is recommending that the Council reject all bids
as well as direct staff to reduce the scope of work. Two bids were received for this project; the Iow
bid was just under $759,000, and the project estimate was $370,000. The two bidders were
contacted to see if the City was, in fact, paying a premium for winter work. The bidders confirmed
that fact; however, they could not quantify the amount. The bidders also expressed concern
regarding the removal of material underneath the concrete road bed, and the height of groundwater
at the Iow end of Brush Street. Staff also did not anticipate the amount of $100,000 for underground
electric. Staff is recommending the continuation of the project; however, the project will be reviewed
and an attempt made to reduce the work, address the subgrade concern at the intersection, and
possibly even phase the project. One of the bidders had a unit bid of $120,000 for the traffic control;
the bidders were concerned about keeping the intersection open to traffic during construction of the
improvements.
Councilmember Wattenburger asked for clarification regarding traffic control systems for lane
closure, and traffic signal systems, and why there was such a discrepancy between the bidders'
figures and the City's estimate.
Mr. Kennedy replied there was a concern on the bidders' part regarding maintaining traffic control
during construction in a heavily traveled area; that portion of State Street moves approximately
18,000 vehicles a day.
MIS WattenburgerlMastin to approve the rejection of all bids for the traffic signal construction and
intersection improvements at North State Street, Low Gap Road, and Brush Street, Specification No.
96-05, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone,
Wattenburger, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember
Shoemaker.
Councilmember Shoemaker returned to the meeting at 6:55 p.m.
.
NEW BUSINESS
Introduction of Ordinance Amending Ukiah Municipal Code Section 9651 to Cite the
Revised Date of August 5, 1985, for the Study Entitled "The Flood Insurance Study for,
the City of Ukiah"
Planning Director Sawyer advised that pursuant to a recent Federal Emergency Management
Agency (FEMA) request, the date of the study entitled "The Flood Insurance Study for the City of
Ukiah," as cited in Municipal Code {}9651 (subtitled "Basis for Establishing the Special Flood Hazard
Areas"), needs to be updated from January 19, 1982, to August 5, 1985. The study was originally
prepared in 1982, but revised in 1985, and the cited code section should reflect the revised date.
Accordingly, the proposed ordinance amendment rectifies this minor inaccuracy.
MIS MalonelMastin to introduce by title only the Ordinance Amending Section 9651 of the Ukiah
City Code, carried by an all AYE voice vote.
City Clerk Giuntoli read the Ordinance by title only.
MIS MalonelMastin to introduce the Ordinance Amending Section 9651 of the Ukiah City Code,
carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger,
Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: None.
Recessed: 6:58 p.m.
Reconvened: 7:02 p.m.
7. PUBLIC HEARING
Mayor Schneiter recommended Item 7d be heard at this time.
7d. Consideration of Establishing Capital Improvement Fees at the Airport Industrial Park
Regular Meeting - September 18, 1996
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483
Mayor Schneiter advised there would be no staff report or discussion relative to this item at this
time.
City Attorney Rapport advised Council to give the audience present an opportunity to comment on
this item should they not be present to do so at the next regularly scheduled meeting.
PUBLIC HEARING OPENED: 7:04 p.m.
No one came forward.
MIS Shoemaker/Wattenburger to continue the public hearing regarding the Consideration of
Establishing Capital Improvement Fees at the Airport Industrial Park to the regular City Council
meeting of October 2, 1996, carded by the following roll call vote: AYES: Councilmembers Mastin,
Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None.
ABSENT: None.
7a.
Discussion Reqarding Grant Application for a Feasibility Study for the Commercial
Development of Assessor's Parcel Nos. 002-232-01 and 002-232-44, Railroad Depot Site
Madelin Holtkamp, Ukiah Business Development Center, advised the public hearing was required
by the Community Development Block Grant Program for the purpose of explaining the program to
the general public and to gather public input on shaping the preparation of the application. The
proposal has been made by the steering committee group that is meeting in the community at the
behest of North Coast Railroad Authority (NCRA), which is interested in having communities develop
plans for sites along the railway, that a feasibility study be undertaken to determine the best uses
of the property for the City's economic development interests, and to meet the objectives of the
railway. The funds are provided by the Department of Housing and Community Development for this
purpose, and with the expressed purpose of benefiting Iow to moderate income persons through job
creation and housing development. The City was asked to be involved because NCRA did not have
any funds of their own or any outside sources of funding to undertake such a study.
Council queried Ms. Holtkamp relative to the grant system, in-kind and matching funds, how the
feasibility study would be conducted, and the time frame for applications.
Ms. Holtkamp replied she was hopeful of contacting the same people who are conducting the
feasibility study for Mendocino Transit Authority (MTA). She further advised that the City of Ukiah
will be required to match 23% of the amount requested with their own cash. A $30,000 application
will require $6,900 in cash match; however, some of those dollar costs can be in-kind matched with
direct dollars of staff preparation. Since there is a fixed amount of grant funds, it is preferable to
apply for the monies eady before they are distributed to other applicants. There is a provision in the
resolution to be submitted at the second hearing that matching funds have been secured.
PUBLIC HEARING OPENED: 7:17 p.m.
No one came forward.
PUBLIC HEARING CLOSED: 7:18 p.m.
Ms. Holtkamp requested direction from the Council relative to seeking matching funds.
Council directed Ms. Holtkamp to consider requesting matching funds from other organizations, so
that it becomes a community-driven project, and not just a City project.
7b.
Adoption of Resolution Adopting a Programmatic Neqative Declaration for the Citywide
General Plan Rezonin_cl Program
Senior Planner Stump advised the City Council has reviewed and adopted two General Plan
rezoning projects and their associated Negative Declarations. It is anticipated that the rezoning
program could require 8 to 10 phases to complete. In an effort to improve the efficiency of
processing, while maintaining a high level of review and analysis, staff has prepared an Initial Study
and Negative Declaration for the entire rezoning program, rather than relying on individual CEQA
documents for each phase. On August 28, 1996, the Planning Commission considered the
Programmatic Negative Declaration, and after receiving information from staff, as well as public
testimony, voted 3 to 1 to recommend that the City Council adopt the document.
Regular Meeting - September 18, 1996
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484
Mayor Schneiter confirmed that the Programmatic Negative Declaration does not specifically
address any single parcel of property within the City. No work is being done other than the
paperwork which supports the completed EIR and General Plan.
Councilmember Malone confirmed that no project can occur without additional Negative Declaration
or CEQA activity.
Planning Director Sawyer concurred with the confirmations.
PUBLIC HEARING OPENED: 7:24 p.m.
Two citizens came forward to express their concerns regarding the clarity of the Negative
Declaration, and the traffic issues. Mayor Schneiter explained the intent of this particular Negative
Declaration.
PUBLIC HEARING CLOSED: 7:28 p.m.
City Attorney Rapport clarified that the project is to change the zoning classifications on property.
It is possible that a project could occur that would not require further discretionary approval. The
cases that interpret CEQA do not allow public agencies to avoid evaluating impacts from a project
because there will be future discretionary approvals required and future evaluation under CEQA.
A zoning decision based on changes in the General Plan is a general decision. The impacts such
as traffic were considered when the changes were done to the General Plan, but the Negative
Declaration is basically relying on the environmental assessment that was done when the General
Plan was amended, and because it was a combined General Plan/EIR process, it was not stated
there would be no traffic impact so it did not need to be considered. Traffic impacts were evaluated
based on that level of generality; if the zoning classifications are changed and the density increased,
there will be some increase in traffic pattems, and the EIR discusses to the level it can be discussed
without having a specific project.
Discussion followed relative to the differences between the Programmatic Negative Declaration and
a negative declaration for a specific project.
Councilmember Shoemaker voiced his preference for approving each negative declaration at each
phase of rezoning, and stated he was unsure of how the proposed blanket negative declaration could
be applied.
Mr. Sawyer replied staff has considered each future upcoming phase. The Programmatic Negative
Declaration has been prepared with staff considering the impacts associated with each particular
phase.
Discussion followed regarding site specific and zone specific negative declarations. It was noted
the option always exists to reevaluate with each project.
MIS MalonelMastin to adopt Resolution No. 97-24 Adopting a Negative Declaration of
Environmental Impact for the General Plan Rezoning Program, carried by the following roll call vote:
AYES: Councilmembers Mastin, Malone, Wattenburger, and Mayor Schneiter. NOES:
Councilmember Shoemaker. ABSTAIN: None. ABSENT: None.
7C.
Introduction of Ordinance Amending the City Zoning Map to Rezone 17 Lots in the Low
Gap North Neiqhborhood
Councilmember Shoemaker recused himself from the meeting at 7:41 p.m.
Senior Planner Stump reviewed the staff report, stating that Phase Three of the 'city-wide General
Plan rezoning program involves 17 lots situated in what is generally referred to as the Low Gap North
Neighborhood. He highlighted the proposed zoning changes, and noted that staff anticipates they
will encounter a number of other parcels Citywide that have received an inappropriate Land Use
Designation. Staff will maintain a listing of these parcels throughout the rezoning project, and return
to the Council at the end of the program with a General Plan Amendment proposal to redesignate
the properties.
PUBLIC HEARING OPENED: 7:46 p.m.
Judy Pruden, 304 South Hortense, commented that during the growth management steering
process the concentration was on land use designations and how neighborhoods function, not
Regular Meeting - September 18, 1996
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485
zoning issues. Hence Empire Gardens was designated as medium density; increasing the density
was never discussed, only how the zoning was functioning. When the land use designations are
translated into zoning designations, they are not equal. Decisions were made based on new
definitions and new land development codes. It is now being transferred back to the old and the
process is creating anxiety. It was never the intent to increase the density of the neighborhood
because it is at buildout already. The plan was started on one line of logic, is now proceeding in a
different direction, and they are not meeting up. The documents need to coincide.
Louie Bricarelli, 216 Low Gap Road, voiced his concerns regarding the noticing process, and the
traffic problems on Low Gap Road.
Eric Larson, 123 Clara, stated that it may not be the case there will be a multitude of General Plan
amendments, because when the zoning code is rewritten and flexibility allowed within the R1, R2,
R3 designations, it may be that the current zonings that exist will effect the true desires Of the
General Plan.
PUBLIC HEARING CLOSED: 7:55 p.m.
Discussion followed relative to the noticing process, wherein it was noted notices are mailed to the
property owners two weeks prior to public hearings, and the public notice is printed in the newspaper
ten days prior to the hearing. It was confirmed it will be necessary to have a General Plan
amendment, for which staff will develop new zoning ordinances, which will not necessarily look the
way they do currently. There will be one hearing for all of the deviations.
Further discussion followed regarding the history of the move of the County Complex to Low Gap
Road.
MIS Wattenburger/Mastin to introduce by title only the Ordinance Amending the Official Zoning Map
for the City of Ukiah, California, carried by an all AYE voice vote.
City Clerk Giuntoli read the Ordinance by title only.
MIS Wattenburger/Mastin to introduce the Ordinance Amending the Official Zoning Map for the City
of Ukiah, California, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone,
Wattenburger, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember
Shoemaker.
Councilmember Shoemaker returned to the meeting at 8:02 p.m.
10. CITY COUNCIL/REPORTS
Councilmember Mastin reported on the christening of the two new MTA buses held in Ukiah and
Willits. He further reported he would be absent at the October 16 regular meeting.
Councilmember Malone reported that the American Association of University Women and the
National Women's Political Caucus of Mendocino County will hold a candidate's forum on October
22. He further reported that at the last North Coast Railroad Authority meeting, they voted to make
the Northwestern Pacific Railroad a separate committee, appointing three members of the NCRA
Board, the Executive Director of the railroad, and the Executive Director of the North Coast Railroad
Authority, as members of that Board. Dan Hauser has accepted the position of Executive Director
of the North Coast Railroad Authority effective October 1.
Councilmember Wattenburger reported that the Gardner Pocket Park Committee was in the
process of securing a monument with the names of the people inscribed who were babies delivered
by Dr. Gardner. The committee is also proceeding with the beautification and redesign of the park.
Councilmember Shoemaker reported $10 million was released for NCRA for repairs and new track
improvements north of the existing line up to the Madd River. He further reported he had attended
the bus christening in Willits, and was told the buses are full for the commute from Willits to Ukiah.
He stated he felt the participation in the community by service clubs and the private sector will be
important to the development of Gardner Park. He requested that a bench be placed at the bus stop
at the new County Administration Center. He reported that in Willits on October 19, from 10:00 a.m.
to 2:00 p.m., there will be an opportunity for elected officials to discuss various issues. He had a
discussion with Senator Boxer's staff person who will be in the area on September 24, from 11:30
a.m. to 1:00 p.m. at the City Council office. He urged the Council arrange their schedules to meet
with him at separate assigned times.
Regular Meeting - September 18, 1996
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486
Mayor Schneiter reported on the Sun House Guild meeting and the commemorative platter being
sold for the 10th Anniversary celebration.
11. CITY MANAGER/DEPARTMENT HEAD REPORTS
None.
12.
13.
CLOSED SESSION (None)
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:16 p.m.
I~a~'~iu~[~li, 7Cit;~rClerk -
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Regular Meeting - September 18, 1996
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