HomeMy WebLinkAbout1996-12-04 PacketMINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - November 20, 1996
The City Council convened in a regular meeting, of which the agenda was legally noticed and posted,
at 6:33 p.m. in the Civic Center Council Chambers, 300 Semina~ Avenue, Ukiah, Califomia. Roll
was taken. PRESENT: Councilmembers Mastin, Malone, and Mayor Schneiter. ABSENT:
Councilmembem Waflenburger and Shoemaker. 8taft Present: Public Utilities Director Barnes,
Community Services Director DeKnoblough, Assistant City Manager Harris, Public Works
Director/City Engineer Kennedy, Public Safety Director Keplinger, Associate Planner Lohse, City
Attorney Rapport, Planning Director Sawyer, Senior Planner Stump, Senior Civil Engineer Woods,
and City Clerk Giuntoli.
2. !nvocetion/Pledge of Alleaiance
Mayor Schneiter gave the Invocation, and Councilmember Malone led the Pledge of Allegiance.
Per the request of Stanley and Joanne Donner, the Council consented to hear Item 10ci earlier than
its scheduled time.
3. ~pecial Order of Business
a. Proclamation - The Week of November 18-22, 1996 as "Winter Weather an~',
Flood Preparedness Week"
Mayor Schneiter noted the Proclamation, and by consensus the Council voiced support of the week
of November 18-22, 1996 as "Winter Weather and Flood Preparedness Week.'
4. Approval of Minutes
a. Rec3ular Meeting - November 6, 199f~
MIS MalonelMasfin to approve the Minutes of the Regular Meeting of November 6, 1996 with the
following corrections:
Councilmember Mastin suggested the following additions to the Minutes: Pane 2. add follc;)wino
Parac~ra~)h 10; 'councilmember Mastin asked staff whether making Lorraine Street one-way south
from Marlene, in conjunction with Marlene being made one-way east from Lorraine, had been
considered. Staff indicated that it had not because it was felt that would merely shift the traffic
problem on to Betty Street.' Pa~3e 6. ParaRraph 3, 1st Sentence, amend to read; 'Councilmember
Mastin reported he had attended the Economic Development Finance Committee (EFDC) meeting
and was contemplating resigning his position with the committee due to pending City Council
committee reassignments.'
The motion carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, and
Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: councilmembers Wattenburger and
Shoemaker.
S. RIGHT TO APPEAL DECISION
Mayor Schneiter explained the. appeal process.
6. CONSENT CALENDAR
Councilmember Malone recocrmended thai Item 6i, Award of Contract to Cold Creek Compost, be
removed from the Consent Calendar and heard separately, since there were representatives from
the City's current contractor, Reuser, Inc., present in the audience to speak to the issue.
Mayor Schnaiter advised that Item 6i would become Item 10f, under New Business.
Assistant City Manager Harris advised there were two corrections to be made to the staff report
off Item 6g: 1) Final contract cost of $16,893.22 is changed to $16,921.82; and 2) Cost to fund 100-
3110-250-000 of Sl 1,893.32 is changed to $11,921.82.
M/S Malone/lVlastin to approve Consent Celendlr Items I-.h, j, with the corrections to Item g;
a. Accepted resignation of Steve Ford from Traffic Engineering Committee, and authorized City
Clerk to advertise for 'at-large member,'
Regular Meeting - November 20, 1996
Page 1
b. Adopted Resolution No. 97-36 Designating Agent for Filing Financial Assistance Application
for January-April 1995 Storm Disaster;,
c. Denied claim for damages received from Pano Stephens, and referred to City insurance
cartier, REMIF;
d. Received Report of Disbursements for the month of October, 1996;
e. Adopted Ordinance No. 980 Amending Division g, Chapter 2, Article 6 of the Ukiah City Code
revising the provisions of the Neighborhood Commercial (C-N) Zoning District;
f. Adopted Ordinance No. 981 Amending the Official Zoning Map for the City of Ukiah, CA
rezoning two parcels along Clay Street in the Dora Street corridor from R-3 to R-1;
g. Accepted ~ work performed under the contract and authorized the City Clerk to file Notice
of Completion for Street Striping 1996, Specit%=ation No. 96-12;
h. Received report relative to the purchase of new electric meters from WESCO in the amount
of S8,855.63;
j. Awarded bid for Soclium Bisulfate Products to Pressure Vessel Services, Inc., in the amount
of $560 per dry ton;
The motion carried by the following roll call vote: ,aYES: Councilmembers Mastin, Malone, ·nd
Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Wattenburger ·nd
Shoemaker.
7. .AUDIENCE COMMENTS ON NON.AGENDA ITEMS
No one came forward.
Mayor Schneiter advised that Item 1Od would be heard at this time, since it was not yet the 7:00 p.m.
hour scheduled for the Public Hearing.
10d. ReQuest of Stanley ·nd Jcanne Donner for Waiver of the Public Improvenien'
Recluirements of Policy Resolution No. 5 C-onditioned on Building Permit .a.,.nplicitiot~
for 430 NoAh Spring Street
Public Works Director/City Engineer Kennedy advised that the Donners are requesting that the
requirement for public improvements be waived for · parcel on which they propose to remodel an
existing structure. The remodel cost exceeds 1/3 of the value of the existing structure. In
accordance with Policy Resolution No. 5, which states if the remodel does exceed 1/3 of the value
of the assessed value of the existing structure, curb, gutter, sidewalk ·nd other public improvements
as determined by the City Engineer shall be installed. The Donners are seeking the waiver to save
the cost of construction of the improvements, and since there currently is no curb ·nd gutter ·nd
sidewalk on that side of the road from Walnut to Willow Avenues. He further advised he believed
that improvements with modifications could be constructed with little additional expense; ·t
minimum, curb ·nd gutter should be installed.
Mayor Schneiter inquired regarding the construction costs.
Mr. Kennedy replied there would be no change in the curb and gutter from st·nd·rd installation, but
that the sidewalk could be 4 foot instead of 5 foot wide, and directly against the property line. He
voiced his concern regarding the height differential, and noted it could be argued there should be
some type of railing on the outside of the sidewalk. The sidewalk would cost more than standard
placement, because the contractor would be working on an elevated area.
Councilmember Malone asked if the knl:)n:)veme~ requirements could be deferred to the time when
the other parcels on the street were improved.
Mr. Kennecly replied deferments until such time Is Ih· building permit is applied for can be approved
for parcels that do not have structures on them, but not for properties with existing structures.
Mayor Schneiter invited the applicants, who were present in the audience, to come forth and speak
to the Council regarding their project.
Joanna Donner, property owrler, presented the Cotmc~ with · sketch of the project site, and stated
that their property is in the center of the block, and there are no curbs, gutters, or ~idewalks on
· pring Street or Willow Avenue. She further stated it made no sense to install this small portion of
improvements in this area, and the cost, which would equal half of the proposed remodeling
expenses, would be prohibitive for them.
Councilmember Me~tin inquired if it had been determined what the improvement cost would be.
Regular Meeting - November 20, 1986
Page 2
Ms. Donner replied the bid price for the im~ w~s between $4,000 and $5,000 for the one
p~rcel, which would nearly equal the value of the existing building, which had been assessed at
$7,000.
Mayor Schneiter commented that at one time the Planning Commission toured the City and
attempted to discern where the installation of curb, gutter and sidewalk was appropriate. Although
no areas were designated on I map, it was his opinion that North Spring Street, between Walnut and
Willow Avenues, is one of the areas where he would hesitate to invoke the improvements. He
voiced his lack of support for the City Engineer'· recommendation.
Councilmember Malone agreed with Mayor ~chneiter, and stated this was one of those situations
where more than 50% of the block does not have improvements, and to put the onus on one parcel
cioee not improve the safety situation.
Councilmember Ma~tin stated that although he ·upportad that view, he would need to ask at what
point property ovw~rs should be required to construct the improvements. The City's policies and
practices should be generally imposed, and not dealt with on an individual basis.
Discussion followed regarding the need for the improvements, wherein it was noted many
communities exist where the absence of sidewalks is the rule.
MIS Malone/Ms,tin to honor the request of Stanley and Joanna Donner for a waiver of the public
improvement requirements of Policy Resolution No. 5, carried by the following roll call vote: AYES:
Councilmembers Ma·tin, Malone, and Mayor Si=hneiter. NOES: None. ABSTAIN: None.
ABSENT: Councilmembers W·ttenburger and Shoemaker.
9. _UNFINISHED BUSINESS
9a. Discussion and Introduction of Omlinance Amending Section 1101 of the Uki·h
.Municipal Code Reducing the Number of Airpod Commis·ionem from Seven to Fiv:'
Assistant City Manager l-lan'ts advised thai at the meeting of September 18, 1996, the City Council
introduced Ordinance No. 972, which allows three members of the seven-
member AIrport Commission to be non-City residents. This action was in response to
recommendations from the Airporl Commission and staff who identified difficultly in secudng
applications from C.,ity residents to fill the current vacancies. After advertising for the vacancy, one
application was received from a resident outside the City.
Since the adoption of the Ordinance, another member of the Committee has resigned, bringing the
number of vacancies to two, and presents the situation of whether the Commission should consist
of five members instead of seven. The Airport Commission considered this matter at their November
12, 1996 meeting, and unanimously agreed that · reduction to five members was both acceptable
and appropriate. The proposed composition would be three City residents and two Sphere-oh
Influence residents, which is the current make-up of the Commission and thus would not require any
new appointments. Staff concurs with the Airport Commission and believes that the community is
as wall served with five commissioners as with seven, and that neither the integrity of the
Commission nor the diversity of perspective is compromised with the reduction.
Councilmember Malone stated he was in favor of leaving the Commission membership at seven,
and believed that all opportunities should be given to residents for community involvement. He
further suggested that notice of the Commission vacancy be posted at the Airport in addition to the
regular advertising procedure.
Councilmember Ma·tin stated he believed all of the City's commissions should be five in number,
not only for success in filling vacancies but also for completing the business at hand. If balance is
Iought in appointments, a five-member committee composition should reflect adequate
representation.
~ Ma·tin/Schne#~r to '--,[,.,ddce by title only the Ordinance Amending Section 1101 of the Ukiah
City Code Changing the Number of Members on the Airport Commission, carded by a majority voice
vote of the Councilmembers present.
City Clerk Giuntoli read the Ordinance by title only.
~ Masfln/Schnelter to introduce the Ordinance Amending Section 1101 of the Uklah City Code
Changing the Number of Members on the Airport Commission, carried by the following roll call vote:
AYES: Councilmember Ma·tin and Mayor Schneiter. NOES: Councilmember Malone. ABSTAIN:
Regular Meeting - November 20, 1996
Page 3
None. ABSENT: Councilrnembers W·ttenburger .nd ,Shoem·ker.
10. NEW BUSINESS
101. Approval of Mendocino Bounty !__~_~4 Agreement ·nd AuthoH_--_tion of City Manager t,:
Execute Agreement
No verbal staff report was given and no discussion held ·s Council determined there was adequate
information in the written agencla mpc)ri to make · decision rag·rd·ag this item.
M/S M·lone/M·stin to approve the la·se with Mendocino Bounty ·nd authorize the City Manager
to execute the agreement, carried by the following roll call vote: AYES: Council·embers Ma·tin,
Malone, ·nd Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: CouncJImembers
Wattenburger and Shoemaker.
lOb. ~;)proval of Master Agreement ·nd Purchase Orders for KennedylJenks Consultan:~;~
No verbal staff report was given es Coundl determined there was adequate information in the written
agenda report to make · decision regarding this item.
Council·ember Malone asked if he was correct in presuming that Mendocino Brewing Comp·ny
(MBC) was not participating in · st·re of these costs, ·nd if this analysis capability was ay·liable
through in-house staff.
Public Utilities I:)irsctor B~rnes replied MBC was not sharing in the costs; it is the City's
responsibility to prepare the permit. Part of the cost ·lso is for ,,n ev·luation of the constituents from
the brewing process on the City's wast·water treatment plant. There is no in-house capability to
complete this analysis.
M/S Malone/Ma·tin to authorize the Mayor to execute · master agreement for professional services
with Kennedy/Jenks Consultants ·nd approve the issuance of purchase orders to: 1) provide
technical guidance relative to brewery waste processing for the development of =n operating permit
· s required by the State Water Resource Control Bo·rd, for ·n ·mount not to exceed $7,500; 2)
provide ess·stance for review ·nd updating of Sewer Ordinance 845 to comply with our discharge
permit requirements, for ·n ·mount not to exceed $5,000; ·nd 3) provide general engineering
expertise on an 'es needed basis" for the Waster·tar Treatment Facility, for ·n ·mount not to
exceed $3,5(30, carried by the following roll call vote: AYES: Council·embers Mast·n, Malone, and
Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Counoilmembers Wattenburger
· nd Shoemaker.
10c. Approval of Lease Agreement with Ukiah Wholeule Lumber and Authorize City
Manager to Execute Agreement
No verbal staff report was given es Council determined them was adequate information in the written
agenda report to make · decision regarding this item.
Council·ember Malone commented he was glad to see the property reevaluated and the lease
cost included · built-in annual percentage increase.
M/S Malone/Ilk·tin to approve the lease with Uldah Wholesale Lumber Company and authorize the
City Manager to execute the agreement, carried by the following roll call vote: AYES:
Council·embers Mast·n, Malone, and Mayor Schneiter. NOES: None. ABSTAIN: None.
ABSENT: Council·embers Wattenburger and `shoemaker.
8. pUBLIC H~ARING
ea. Approval of Resolution Adopting Ne~stive Decl._-ration of Environme,'~',a,,.I Impact, line
Approving Use Permit No. 96-39, to Construct and Operate · Hal·pad for En~rgencv
.6err·cea It Ukiah Valley Medical Center
Associate Planner Lohse reported that the project would allow the construction end operation of
· 1,600 aClU·re foot hal·pad at the Uki·h Valley Medical Center (UVM¢) on Hospital Drive. UVMC
currently maintains · 552 square foot hal·pad on the west side of the hospital, in the same
approximate area es the proposed hal·pad. This hal·pad is used for emergency medical flights, but
has no meriting·, lighting or other safety features since it is not currently operating under · Hal·pad
Site Approval Permit, which would be issued by the Aeronautic Division of the State Department of
Transportation (Caltrans). The UVMC administration intends to upgrade the hal·pad to provide for
the safer operation of the facility upon approval of the above permit, which requires the completion
Regular Meeting - November 20, 19~6
Page 4
of an environmental analysis, local approval of a use permit, documented approval by a resolution
of the City Council, end documented action by the County Airport Land Use Commission.
Staff has determined that potential adverse impacts that could be caused by helicopter noise and
the potential for a helicopter accident could be reduced to an insignificant level if the measures
recommended in the study were adopted. The recommended mitigation measures ere incorporated
into the Conditions of Approval included in the Resolution. He further reported that on October 23,
1996, the Planning Commission recommended approval of the Negative Declaration prepared for
the project end for Use Permit Application No. 96-39. The project was also approved by the
Mendocino County Airport Land Use Commission at a public hearing on October 29, 1996. Staff
concurs with the actions of both of these bodies end recommends that the City Council adopt the
resolution adopting the Negative Declaration and approving the use permit.
Mayor Schneiter commented he thought the process of approving the use permit and negative
cleciaration in the form of a single resolution was a good one.
Councilmember Mastin commented that at the time Cotax~ was reviewing the Airport Master Plan,
there was a question regarding the safety or clear zone, and that pert of the hospital was included
in that zone.
Mr. Lohse advised the proposed helipad area is in the northemmost region of Zone B, and that staff
had consulted with the representatives from Shuts Moen Associates end determined it to be safe.
The Airport Land Use Commission felt there would be no conflict with overflights between airport
traffic and the helicopter flights.
PUBLIC HEARING OPENED: 7:05 p.m.
ValGene Devitt, President, Uklah Valley Medical Center, stated he was present to answer any
questions Council might have.
Councilmember Mastin referenced ~ problems Santa Rosa Memorial Hospital has had with their
helicopter flights, and noted that in the Planning Commission reports there were no public comments
or inquiries regarding the helipad development.
Mr. Davits replied they had only had one inquiry which was from a property owner in the area who
was concerned about overflights over their property. Currently, the law allows helicopters to land
anywhere in case of medical emergency; they can approach the hospital any way they want to and
land in any area that is safe. Under this plan, the landing will be regulated and there will be a path
for arrival and departure. The pathway is north end south, parallel to the railroad tracks.
PUBLIC HEARING CLOSED: 7:09 p.m.
M/S Malone/Mastin to adopt Resolution No. g7-37 Adopting A Negative Declaration And Approving
Use Permit No. 96-39, to construct and operate · helipad for emergency services at Ukiah Valley
Medical Center, carried by the ~ roll call vote: AYES: Counciimembers Mastin, Malone, and
Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Wettenburger and
Shoemaker.
Bb.
Inlroducfion of Ordinance Amending the City Zonina Map to Re_-one 21 Pare. els in th-
~[~ ~i~r~ COli;,,al Arias l$ Part of' the CitylWide Rezoning Program .~soc!-_ted with
Implementation of the Ukiah Vllley General Plan
Senior Planner Stump reported Ibis is Phase No. 6 of the City-wide General Plan rezoning program
involving 21 lots situated in the State Street Central area. This portion of the community is
predominantly comprised of commercial, manufacturing, end medium and high density residential
zoning classifications. The project involves rezoning · number of pemels from "C-1" to "R-2," "P-D"
to "P-F," "M' to "P-F," 'C-1" to "R-3," 'C-2" to "R-3," 'C-2" to 'R-2," 'WI" to "R-2," end 'M" to "C-2."
He further reported on the Planning Commission recom~ of October 23, 1996, which have
been incorporated in the proposed ordinance.
Discussion followed regarding the re,zoning of the various pamela.
Public Hearing Opened: 7:14 p.m.
John McCowen, PO 454, Ukiah, explained the rationale behind his decisions made as a member
of the Planning Commission regarding the proposed rezoning.
Regular Meeting - November 20, 1996
Page $
Public Hearing Closed: 7:17 p.m.
M/S SchnaitarfMastin to introduce by title only the Ordinance Amending the Official Zoning Map for
the City of Ukiah, California, rezoning 21 parcels in the State Street central area, carried by an all
AYE voice vote of the Councilrnembers present.
City Clerk Giuntoli mad the Ordinance by title only.
M/S Schneitar/Mastin to introduce the Ordinance Amending the Official Zoning Map for the City of
Uidah, California, rezoning 21 parcels in the State Street central area, carded by the following roll
call vote: AYES: Councilrnembers Mastin, Malone, end Mayor Schneiter. NOES: None.
ABSTAIN: None. ABSENT: Councilmembers Wattenburger and Shoemaker.
Ado=tion of Resolution Approving an Application for Fundin.,g and the Execution of -
Grant Aoreement from the Planning/Technical Assistance Allocation of the Stat-_
Community Development Block Grant Program
Asaistant City Manager Harris advised the proposal is from tl~ Ukieh Community Center (UCC)
to apply to the Community Development Block Grant (CDBG) Program for I planning/technical
assistance allocation. The two areas in this allocation are 'general' and 'economic development.'
Two public hearings are required; the first one was held at the staff level on Monday, November 4,
1996. This will be a public headng regarding the application. There will be no City funds involved
in this process; the matching funds will be provided by UCC in the amount of $1,317.00.
PUBLIC HEARING OPENED: 7:20 p.m.
Judy Judd, Executive Director, Ukiah Community Center, came forward from the audience to
answer questions regarding the planning grant application.
Council had no questions for Ms. Judd.
PUBUC HEARING CLOSED: 7:21 p.m.
MIS Mastin/Malone to adopt Resolution No. 97-38 Approving an Application for Funding and the
Execution of a Grant Agreement from the Planning/Technical Assistance Allocation of the State
Community Development Block Grant (CDBG) Program, carried by the following roll call vote:
AYES: Councilmembers Mastin, Malone, and Mayor Schneiter. NOES: None. ABSTAIN: None.
ABSENT: Councilmembers Wattenburger and Shoemaker.
Sd. A~r~rovel of Citizens Option for Public ~a_fety (COPS) Grant Proeram
Public Safety Director Keplinger advised that Assembly Bill 3229 established the Citizens Option
for Public Safety (COPS) Grant Program. The b~ll appropriates approximately $100 million atatewide
for use in augmenting law enforcement agencies. The City of Ukiah's share of the funding is
$34,252, and is based on population estimates by the State Department of Finance. Cities are
required to appmphate COPS revenues to fund front line municipal police services. The funds must
be appropriated pursuant to a written request from the Chief of Police, which must inciude the
personnel, equipment, and programs necessary to meet the services to be funded. As these
revenues must supplement and enhance existing services and funding, it is recommended the funds
be used to improve our co~nmtmicatk~s and ccwnputer capabilities, not only for the City of Ukiah but
also in coordination with the City of Ft. Bragg. A special oversight committee consisting of Shedff
Jim Tuso, District Attorney Susan Massini, County Administrator Michael Scannell, City Manager
~ Logan, ~ Policy Chief Tom Bickel, has been established by law to monitor the expenditure
of these grant funds on an annual basis.
PUBLIC HEARJNG OPENED: 7'24 p.m.
No one came fommrd.
PUBLIC HEARING CLOSED: 7:25 p.m.
MIS Malone/Mastin to approve the Citizens Option for Public Safety (COPS) grant program, and
appropriate a separate fund account for all expenditures, carried by the following roll call vote:
AYES: Councilmembers Mastin, Malone, and Mayor Schneiter. NOES: None. ABSTAIN: None.
ABSENT: Councilmembers Wattenburger and Shoemaker.
Regular Meeting - November 20, 1996
Page 6
10e. Consideration of a Request by Mendocino Brewing Com~nv (MBC) for. Waiver t~,
~4ction 3706.4A of the City of Uklah Sewer Ordirmnce No _~-45. Relative to th.:
?~ohib,'Uon of Rain Water Discharge Into the City Se-'-".r ~yste,~-' '
Public Utilities Director B~rnea was present to answer questions from the Council.
Mayor Schneiter referenced Item 4 in the November 8, 1996 letter from Summit Engineering, and
inquired regarding 'net gain of captured reirmmtar," and that it seemed to be a timing issue.
Mr. Barnes replied it was a timing issue. The critical time and peak flow is during the winter season,
w~en the system is Icaded with irdtow. Even though there is reduced flow during the summer, there
is increased flow in the winter. The brewery is still only allowed to discharge 55,000 gallons a day.
The concern is thst the 55,000 gallons will be increased, and. portion of that will be rainwater. He
further stated that staff has no way to determine rate of evaporation, end have seen no tank
dimensions or calculations other than what is contained in the latter. 8taft's position is that if the
ordinance is enforced to other customers with open basins, then it should be enforced in this
situation also.
City Attorney Rapport commented the Council cannot just waive ordinance requirements. Once
an ordinance is adopted, it must be enforced. The Council, however, can go through the
amendment process, which involves a procedure including a right of referendum, so that if
individuals in the community do not approve of the change, they have an opportunity to challenge
it. This specific code section notes that when the situation concerns industrial discharge of unusual
strength or character, an agreement can be developed imposing terms end conditions. It would
seem to be possible than an agreement could be developed with Mendocino Brewing Company that
would permit some design that might result in some rainwater entering into the sewer system, if that
was the desirable thing to do from the City's standpoint.
M/S SchneiterfMastin to deny the request by Mendocino Brewing Company for a waiver to Section
3706.4A of the City of Ukiah Sewer Ordinance No. 845, relative to the prohibition of rein water
discharge into the city sewer system.
Mr. Rapport advised that the Brown ACt requires the public be allowed to speak to the issue.
Don Barldey, Master Brewer, Mendocino Brewing Company, introduced Bill Phillips, President,
Summit Engineering, Inc., to address the measures implemented to mitigate some of the problems
relative to the issue.
Mr. Phillips stated that Mendocino Brewing Company has expended a significant amount of money
to construct a sophisticated wastewater pretreatment facility to bring the biological strength of the
wastewater from the brewing operation down to tess than domestic wastewater residential levels.
That has been accomplished using an aerated treatment system with a holding tank and pump
discharged into the City sewer. During the design of the facility and discussion with Public Works
personnel, it was noted there was a specific restriction in the sewer ordinance which stated that no
rainwater should enter the City system. The system Summit Engineering designed has been done
in accordance with standard engineering practices end is an uncovered, aerobic system which
allows rainwater to fall into the basin.
The usual mason for a restriction in sewer ordinances is to prevent the surge impacts from a storm
event on the City's wastewater collection system end treatment I~nt. With the construction of a
55,000 gallon storage tank and provision of a constant-rote ~ system, the possibility has been
eliminated of any impact on the flow rate from the treatment facility to Itm City sewers. The open
system allows the advantage of evaporation, end as a result over 10,000 gallons less water are
contributed annually to the City's collection and treatment system. Mendecino Brewing also
expended several hundreds of thousands of dolors to depress the treatment system into the ground
to minimize any visual impacts from the freeway. If they proceed with the roof covering of the
structure at an additional ~50,0(X) to $100,000, the efforLs put into reducing that visual impact will
virtually go for naught. They would appreciate Councl's positive consideration of the waiver request.
Mr. Barldey commented that the establishment of a pre-treatment plant, requimcl by the City's
ordinance which states that untreated waste cannot be delivered directly to the westewater plant,
took the exclusion into consideration. The plant also wes developed with the ability to discharge
waste which is 1/6 of the industrial strength of what is presently required in the ordinences. By
· ttempting to minimize the aesthetic factor of the plant itself, a considerable sum was spent to sink
it into the ground. The development of a roof system to divert water into the basin would mean an
additional expenditure and further discussion with the City relative to visual factors. All of those
Regular Meeting - November 20, 1996
Page 7
things could adversely impact the opening of the brewery, itself. He further commented he hoped
that the current positive relationship with the City would continue.
Mayor Schneiter questioned Mr. Barkley's statement that the scheduled opening of the brewery was
in jeopardy, ·nd reinforced the fact that the City also has · large stake in this project. He stated he
felt the ordinance was appropd~e, ·nd had not heard anything that would cause him to change the
motion on the floor denying the application for waiver.
Mr. Blrldey replied he felt they hid presented information clearly indicating that by eliminating the
rainwater in the system, the City wast·water plant will actually be receiving more water annually than
what it would receive if the roof system was not in place. If il is the Council's incJination, at this point,
that · denial is the proper action, ~s thai action could be postponed until additional discussion
with staff could occur.
Mayor Schneiter withdrew his motion, end Councilrnember Ma~tin withdrew his second.
Council·ember Ma·fin referenced Item No. 5 in the Summit Engineering letter, and inquired
whether the indicated 11,600 gallons of rainfall to be captured by the pads was · figure that staff
agreed with.
Mr. Barnes replied he thought the figure to be fairly accurate based on the information given.
In·urge is not · problem, because the brewery is only allowed to discharge 55,000 gallons. Staff has
· problem with granting the exception to the ordinance. Mr. Phillips is correct relative to the influx;
the problem is that it is rainwater.
Councilmember Ma·tin asked if Item 1 in the Summit Engineering letter relative to covedng
treatment basins was accurate.
Mr. Barnes replied, in his opinion, it was not accurate. He would irrmgine any type of covedng would
be practical. Staff has never taken the position that · herd covedng was necessary; · removable
or tarp covering would be acceptable.
It was the consensus of the Council to bring the item back mt · future meeting, together with staff's
recommendations for alternative covers for the basins.
M/S Schneiter/IVlastin to take no action on Item 10e, the request for · waiver by Mendocino Brewing
Company, carried by mn ell AYE voice vote of the Councilmembers present.
10f. Award of Contract to Cold Creek Compost For The Removal of Wood Waite and
Wi·re From the Uklah Landfill, in the Amount of ~3.25 Per r_~bic 'Y·~
Council·ember Malone advised he recommended the item be pulled fi'om the Consent Calendar
because he had concerns with the proposal after discussions with community members.
Public Works Director/City Engineer Kennedy stated he was somewhat uncomfortable with staff's
recommendation, end in his opinion, Council does not have to seek proposals or send out an
invitation for bids for woodwaste and yardwaste if, at Council's discretion, il is determined that the
current provider is performing satisfactorily, Council can extend the contract. Cold Creek Compost
is being litigated, and the courts required them to perform an Environmental Impact Report (EIR),
which they are currently doing for their proposed expansion. The City's wood waste and yard waste
landfill mat·dais may be · part of this expansion. Cold Creek has offered an attractive rate, less
than what the current contractor is charging, which would result in · seven-month total savings of
$5,200; however, there is no guarantee the same rate would prevail upon renewal of the contract.
He further stated he was extremely pleased with the performance Reuser, Inc. his pay·dad the City
for over two years. His concern is that if, for any reason, any contractor does not perform end the
wood waste and yard waste pile exceeds · certain dimension, the City will be in violation of its state
permit. The only alternative would be to landfill the waste, at additional expense to the City. At most,
the landfill will only be in existence for three mom years. It is his opinion thal the City has · good
provider of these services, and he would like to continue with the company for the remaining period
until the landfill closes.
Mayor Schneiter confirmed that in the past there has only been one application received for the
provision of those services, and inquired regarding the Iow bidder being ·bi· to perform.
Regular Meeting. November 20, 1996
Page 8
City Attorney Rapport stated that the Public Works Director is relying on Section 44E.3 of the City
Code concerning recycling. That section authorizes the City, with or without having invited bids, to
enter into an exclusive contract or contracts with any responsible individual, whether or not said
entity is operated for profit, for ~ collection of some or ·Il mcyclable materials within the City. The
Public Works Director is treating this service that picks up recycled meter·al at the landfill and takes
it to his place of business, ·sa contract for the collection of some recyclable materials from within
Mr. Rapport further stated he was uncertain whether a contract to go to the landfill, which is not
within the City, to pick up materials which have been stockpiled them for transport somewhere else,
is a contract for recycling materials within the City. If it is, Ihen Ibis Section would not require the City
to solicit formal bids or even award to the lowest bidder. If it is not, then it is probably in the
category of · public works contract, ·nd subject to the City's public bidding requirements.
Mayor 5chrmiter asked if the Council ware to award the contract to other than the iow bidder and
it were challenged, what defense action would the City take.
Mr. Rapport replied it wes a matter of interpretation, ·nd the City Council is responsible for
interpreting City ordinances. The courts defer if the interpmtatk)n is reasonable ·nd consistent. This
ordinance is capable of being interpreted in more than one way.
Assistant City Manager Harris asked if findings should be made if Council did award to other than
the lowest bid.
Mr. Rapport replied if Council could make a finding that the lowest bidder is not responsible, that
moots the issue of interpretation.
Mr. Harris asked if *not responsible" would include potential risk, such as not knowing if the EIR
would be certified or whether the same pdce for service would be quoted in the future.
Mr. Rapport replied those items might be taken into consideration; however, he personally was not
familiar enough with the contents of the judgment ·nd what Cold Creek is allowed or not allowed to
do and what it may or may not be allowed to do in the future depending on the outcome of the EIR
that is being prepared.
Councilmember Mastin stated he had also spoken with Bruce Rouser and Mr. Kennedy, ·nd his
concern relates to the EIR that is being prepared as well es the potential litigation ·round that issue.
Mayor Schneiter invited public comments at this time.
Bruce Rouser, Rau~er, Inc., gave a history of his Ctoverdale company, ·nd stated the City had
approached him to help them develop a cost effective program to deal with AB 939 after several
locally based contractors had failed. Several programs were attempted that seemed to be more
cost effective; however, there were some problems at the landfill and dealing with the public, and
that off-site processing seemed the best ·Item·tire. He further ~tated they were not a cornposting
company, and that they process the waste through machinery so that it leaves his facility ready to
go to market. This program represents 1.5 per cant of their gross, so it is not · big percentage of
what they do, but it is very important to them because of the effort they put forth into making the
programs work and developing the different markets for the area. Part of their ability to provide price
is what they can get in the market. If the market is stable, their Wice would remain stable. Rouser
uses modem, quiet equipment and have had no complaints from neighbors. They also use high
capacity trucks, which helps to make fewer trips in and out of the landfill.
Mary Goodwin, Box 321, colpella, commented on the Cold Creek litigation issue and urged the
Council not to take action until the outcome of the litigation is known.
M/S MestirdMslone to award the contract to Rouser, Inc. for the removal of wood waste and yard
waste from the Utdah landfill, with the findings that Council believes this is I recycling contract within
the terms of Section 44E.3 of the City Code, and that Council is concerned about the long-term
mlat~ with the Cold Creek lite because of the pending litigation and the pouibility that the City
could be adversely affected in some way by the outcome of that litigation, carried by the following
roll call vote: AYES: Councilmembers Mastin, Malone, and Mayor ,Schneiter. NOES: None.
ABSTAIN: None. ABSENT: Counciimembers Wattenburger and Shoemaker.
Regular Meeting - November 20, 1006
Page g
14. ADJOURNMENT
M/S SchneiterfMastin to adjourn the regular meeting of November 20, 1996, carried by an all AYE
voice vote of the Councilmembem present.
There being no further business, the meeting adjourned at 8:04 p.m.
Marge Giuntoli, City Clerk
b:cc~cc112096.min
Regular Meeting - November 20, 1996
Page 10
ITEM NO. 4a
DATE: DECEMBER 4, 1996
AGENDA SUMMARY REPORT
SUBJECT:
ADOPTION OF RESOLUTION DECLARING RESULTS OF MUNICIPAL
ELECTION OF NOVEMBER 5, 1996 AND SWEARING IN CEREMONY FOR
MAYOR SHERIDAN MALONE, COUNCILMEMBER KRISTY~ KELLY,
COUNCILMEMBER PHILLIP ASHIKU, AND CITY TREASURER ALAN
CARTER
Now that all of the votes from the November 5, 1996 election have been counted, the Council
must adopt a resolution declaring the results of the Municipal Election.
Once the resolution is adopted, the newly elected officials may then be sworn in to fill the vacant
Mayor, Council, and Treasurer seats. City Clerk, Marge Giuntoli, will swear in Sheridan
Malone as Mayor, Kristy Kelly and Phillip Ashiku as Councilmembers, and Alan Carter as City
Treasurer.
RECOMMENDED ACTIONS:
1. Adopt resolution declaring results of the Municipal Election of
November 5, 1996.
.
Conduct swearing in of Mayor Sheridan Malone, Councilmember Kristy Kelly,
Councilmember Phillip Ashiku, and Treasurer Alan Carter.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Appropriation Requested:
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
N/A
Candace Horsley, City Manager
David J. Rapport, City Attorney
1. Resolution for Adoption
APPROVED:
~'~"d'-ace Horsley, City Manager
R:I\CM:KK AMAYOR
RESOLUTION NO. 97-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
DECLARING RESULTS OF NOVEMBER 5, 1996 MUNICIPAL ELECTION
WHEREAS, it appears that Notice of Election was fully and legally given, that voting precincts were
properly established, and that in all respects said election results were received and canvassed, and the returns
thereof made, determined and declared in time, form and manner as required by the laws of the State of
California providing for and regulating Municipal Elections in cities of the General Law Class; and
WHEREAS, the City Council of the City of Ukiah has reviewed the returns from the November 5, 1996
General Municipal Election based on the ballot count provided by the County Clerk of Mendocino County
pursuant to Resolution No. 96-71 of the City Council of the City of Ukiah, and attached as Exhibit A; and
WHEREAS, subject to receipt of the Certificate of the County Clerk of the result of the County Clerk's
canvass of the Consolidated Election Results for the November 5, 1996 General Municipal and Statewide
General Election, the City Council finds as a result of said count and review that the number of votes cast, the
names of the persons voted for, and other matters as required by law are as hereinafter stated.
NOW, THEREFOi~E, IT IS HEREBY RESOLVED, DETERMINED AND DECLARED as follows: That the
General Municipal Election was held and conducted in the City of Ukiah on Tuesday, November 5, 1996, in
time, form and manner prescribed by law;
IT IS FURTHER RESOLVED, that at said General Municipal Election held in the City of Ukiah,
November 5, 1996 the following persons were elected to the following offices respectively:
SHERIDAN MALONE was elected Mayor of the City of Ukiah for the full term of two years from and after
November 5, 1996, and until a successor is elected and qualified.
KRISTY KELLY was elected a member of the City Council for the full term of four years from and after
November 5, 1996, and until a successor is elected and qualified.
PHILLIP ASHIKU was elected a member of the City Council for the full term of four years from and after
November 5, 1996, and until a successor is elected and qualified.
ALAN CARTER was elected Treasurer of the City of Ukiah for the full term of four years from and after
November 5, 1996, and until a successor is elected and qualified.
PASSED AND ADOPTED this 4th day of December, 1996 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Fred Schneiter, Mayor
Marge Giuntoli, City Clerk
mfh:resord
election
CERTIFICATE OF COUNTY CLERK TO RF.~ULT OF THE CANVASS
OF THE GENERAL MUNICIPAL ELECTION
HELD ON NOVEMBER 5, 1996
STATE OF CALIFORNIA
COUNTY OF MENDOCINO
)
)SS
)
I, MARSHA A. YOUNG, County Clerk of said County, do hereby certify that I did canvass the
returns of the votes cast in the General Municipal Election held November 5, 1996, in the City
of Ukiah, and that the Statement of the Votes Cast, to which this certificate is attached, shows the
whole number of votes cast in each of the respectiv, e consolidated precincts therein, and that the
totals of the respective columns and the totals as shown for each candidate are full, true and
correct.
WITNF. SS MY HAND AND OFFICIAL SEAL this 22nd day of November, 1996
(SEAL)
MARSHA A. YOUNG
County Clerk-Recorder
~** OFFICIAL STATEMENT OF VOTES CAST AT THE GENERAL ELECT]ON, NOVEMBER 5~1996
CITY OF UK]AH Mayor Coun¢i[member Treasurer
~pege I~umber 9.802.001 R T T S ~ ~ ~ Y K K R A R
E U U H A R A 0 L
~ G R R E D ~ Y R I T B A
~ I N N R Y R S ~ E B L
~ S 0 0 I L S 0 T Y R E L
] T U U D P ] H ~ Y T L E
~ E T T A R P I L T
R ~ U T B A ~ ~ R
E P D A H E B E A C
D E H E S R K B B H A
R A g H N E Y B ] R
V C L ~ H L T
0 E 0 K A L E
T H H U R Y R
E T E D
R A T
S G
E
-~N'SOL. PREC. NO. 200001 581J 283 48 5~ I 166'. 29 77, 7~ =, ......
:ON'SOL. PREC. NO. 200002 ~ ~95j 54.1~ 24~ 4 o. ....... , _
:Oh'SOL. PREC. NO. 20000~ 9711 51~ 52.~ J 31~ I 6~ 18Z 11~ 4~ 178 15~ 11 ' '= .
:ON'SOL. PREC. NO. 20000~ 85~ S211 60 6~ / 28~ I 7~ 1~x' ,,~ ,, ~.~. ...~ __~
:O~SOL. PREC. NO. 200007 ~ 455 62 O~ 22~ 5~: 15~ 11~ =~ ~.~J :~ ~
, " , J ~J ~ ' :IU~ I1~ 4 J 1~ 19
'ON'SOL PREC NO 200009 RA~ 450 51 9~ 2~ 68 10~ ........ i ' '
......... 2 , t , ~'. >3 165, 10 78 I 1
:ON'SOL. PREC. NO. 200010 79~ 46~ 59 1~ 29~ I 41j 12~ 12~ ~ *'" '-~ --' ' ~ '
~BSENTEE GRiP 009 ~ ~1 0'0~ ~ ~ ~ ~ ~ ~ ~ 1~ 5~ J 186 21~
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;.~]EE.~P_~IO ...... ~ 96~ 0.0~ 55~ J 117t 31~ 231t 7~ 25~ 308 16~ I ~7~' SO~!
- ~ u q ~ / o a
-'--~-UMMARY
Number 10.17t
.a[_ vote____~s cas__t
~iona[ Dist
ls~ State Senator Dist
~a[ O~st
~rvisor~[ Dist
5th Supervisoria[ Dist
~[ities
Fort Bragg
Point Arena
Ukiah
'Jnincor~orated
Check Total
/ores Cast at Po[Is
~bsent_______ees
]VERALL TOTAL
IAL STATEMENT~ CAST AT THE GENERAL ELECTION, NOVEMBER
OF UK]AH Counci[member
68.
'easurer
68. r'4
68.
686.'
0.0~
68.8~
0.0~
0.0~
0.0~
0.0~
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55~
68,
170~ 133~
518'
44~
I
1
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o
Willie Felix Carter
Leon Daniels
Pres. V-Pres
Charles E. Collins
Rosemary Giumarra
Pres. V-Pres
Joel Gray Neuberg
Davis Danielsen
Pres. V-Pres
James E. Harris
Laura Garza
Pres, V-Pr~$
Isabell Masters
Shirley Jean Masters
Pres. V-Pres
Mayor, City of Ukiah
Phil Baldwin
' 0 ~ ~
Willie Felix Carter
Leon Daniels
Pres. V-Pres
Charles E. Collins
Rosemary Giumarra
Pres. V-Pres
Joel Gray Neuberg
Davis Danielsen
Pres. V-Pres
James E. Harris
Laura Garza
Pre~, V-Pre~
Isabell Masters
Shirley Jean Masters
Pre~, V-Pre~
Mayor, City of Ukiah
Phil Baldwin
Willie Felix Carter
Leon Daniels
Pres. V-Pres
Charles E. Collins
Rosemary Giumarra
Pres. V-Pres
3oel Gray Neuberg
Davis Danielsen
Pres. V-Pres
3ames E. Harris
Laura Garza
Pres, V-Pres
Isabell Masters
Shirley 3ean Masters
Pres, V-Pres
Mayor, City of Ukiah
Phil Baldwin
Willie Felix Ca~e~
Leon Daniel~
Charles E. Collins
~o~ema~y Giuma~a
P~es.
Joel G~ay
Davis Danielsen
P~es.. V-P~es
James E. Ha~is
~au~a Ga~za
P~e~, V-P~es
Isa~ell
Shirley Jean Masters
Pres, V-Pres
Mayor City of Ukiah
Phil Baldwin
O~
Willie Felix
Leon Daniels
Pres. V-Pres
Charles E. Collins
Rosemary Giumarra
Pres. V-Pres
Joel Gray Neubezg
Davis Danielsen
Pres. V-Pres
Jsmes E. Harris
Laura Carza
Pres, V-Pres
Isabell Mas~ers
Shirley Jean Mas~ers
Pres, v-Pres
Mayor, City of Ukiah
Phil Baldwin
Willie Felix Carter
Leon Daniels
Pres. V-Pres
Charles E. Collins
Rosemary Giumarra
Pres. V-Pres
Joel Gray Neuberg
Davis Danielsen
Pres. V-Pres
James E. Harris
Laura Garza
Pres. V-Pr~
Isabell Masters
Shirley Jean Masters
Pres, V-Pres
Mayor, City of Ukiah
Phil Baldwin
ITEM NO. 6a
DATE: December 4, 1996
AGENDA SUMMARY REPORT
SUBJECT: ADOPTION OF ORDINANCE AMENDING THE CITY ZONING MAP TO REZONE
21 LOTS IN THE STATE STREET CENTRAL REZONING AREA
SUMMARY: In December of 1995, the City Council formally adopted a new General Plan for
the City. One of the first tasks of implementing the new General Plan is to revise ordinances
and other regulatory "tools" to be consistent with the Plan. Accordingly, over the past year, staff
has initiated a series of zoning map and ordinance revisions based upon the direction provided
in the new General Plan.
Phase number 6 of the General Plan rezoning program involves amending the Official City
Zoning Map to rezone 21 lots situated in what is referred to as the State Street Central area (see
map attached to the proposed ordinance). This portion of the community is predominantly
comprised of commercial, manufacturing, and medium and high density residential zoning
classifications.
On November 20, 1996, the City Council voted 3-0 to introduce the ordinance amending the City
zoning map to rezone the 21 lots consistent with the recommendations of the City Planning
Commission. The City Attorney has indicated that because this action is quasi-legislative, it is
legally acceptable for new City Council members to participate in the adoption of the ordinance
even though they did not participate in its introduction.
A table listing the parcels by Assessor's Parcel number, their current zoning, General Plan Land
Use Designation, and proposed zoning, is included as Exhibit "A" to the proposed ordinance
rezoning the properties.
RECOMMENDED ACTION: Adopt the ordinance amending the City Zoning Map rezoning 21
lots in the State Street Central rezoning area.
ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not adopt the ordinance, and provide
direction to staff.
Citizen Advised: Affected and adjoining property owners individually noticed
Requested by: Planning Department
Prepared by: Charley Stump, Senior Planner
Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director
Attachments:
1. Ordinance amending the City Zoning Map rezoning 21 lots in the State
Street Central rezoning area.
APPROVED:
z_ Ca'dace HorSTey, ~;ity Manager
1
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA
The City Council of the City of Ukiah does hereby ordain as follows:
SECTION ONE
Pursuant to the procedures set forth in Section 9009 of the Ukiah City Code, the Official
Zoning Map for the City of Ukiah is amended to change the zoning on a number of parcels in
the State Street Central rezoning area to be consistent with the Land Use Designation assigned
in the new City General Plan. Specifically, that 1 parcel be rezoned from "C-1" (Light
Commercial) to "R-2" (Multiple Family)', 3 parcels be rezoned from "M" (Manufacturing) to "("._-_?"',
13 parcels be rezoned from "M" to "R-2"; 3 parcels be rezoned from "P-D" (Planned
Development) to "P-F" (Public Facilities); and 1 parcel be rezoned from "M" to "P-F." The listing
of the specific parcels involved in this rezoning action, along with detailed rezoning information
is attached as Exhibit "A."
SECTION TWO
This ordinance shall be published as required by law in a newspaper of general
circulation published in the City of Ukiah.
SECTION THREE
This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is
necessary to bring the zoning for the subject properties listed in Exhibit "A" into conformance
with the new General Plan adopted on December 6, 1995.
SECTION FOUR
This ordinance shall become effective thirty (30) days after adoption.
Introduced by title only on November 20, 1996, by the following roll call vote:
AYES: Councilmembers Mastin, Malone, and Mayor Schneiter
NOES: None
ABSENT: Councilmembers Wattenburger and Shoemaker
ABSTAIN: None
1 Passed and adopted on , by the following role call vote:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Marge Giuntoli, City Clerk
Sheridan Malone, Mayor
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT "A"
The State Street Central
Rezoning Project
(96-44)
Assessor's Current General Plan New
Parcel No. Zoning Designation Zoning
2-302-55 C1 MDR R2
3-083-6
3-083-7 M C C2
3-083-10
(ptn)
3-140-41
3-140-42 PD P PF
3-230-4
3-230-31 M P PF
3-050-18
3-050-19
3-050-21
3-050-22
3-050-23
3-050-25
3-050-28 M MDR R2
3-050-29
3-050-32
3-050-33
3-050-36
3-050-59
3-050-60
NOTE' Ptn. -- Portion of parcel
EXHIBIT "A" - Page 1 of 2
STATE:.STRE.ET
'CENTRAL
. .
' ':: :--Rezonin.g:i #::6'
C1 = Light Commercial
C2 = Highway Commercial
Light Industrial
R2 -- Multiple Family
R3 -- General Multiple
M -- Manufacturing
PF = Public Facility
PD = Planned Development
C1 to R2
_
(1 Parcel)
Retain C1
(4 Parcels)
These 7 parcels
not included in
recommended
ordinance
(Staff Report
Items #3 & ~4)
Retain C2
(7 Parcels)
Mto R2
(13 Parcels)
M to Cl
(2 Parcels and
and portion of 1)
PD to PF
(3 Parcels)
M to PF
(1 Parcel)
EXHIBIT "A" - Page 2 of 2
ITEM NO. 6b.
DATE:
December 4, 1996
AGENDA SUMMARY REPORT
SUBJECT: AMENDMENT TO THE FY 1996/97 BUDGET - SOLID WASTE DISPOSAL
SITE LITIGATION EXPENSE.
Background:
On October 11, 1995, the City retained Rick Jarvis of Meyers, Nave,
Riback, Silver & Wilson to represent the City in the federal court
action brought by the Ashoffs, et al., against the City's landfill
under the federal Resource Conservation and Recovery Act (RCRA) and
the Clean Water Act. The City originally approved a budget of
$20,000 in the City Attorney's budget to cover the costs of this
contract.
The Council adopted a budget amendment September 4, 1996,
appropriating $30,000 for litigation expense to be paid from the
General Fund Reserve. This amount was expended as of November 22,
1996. Additional funding is necessary if the City's defense in the
ongoing lawsuit is to continue. The City Attorney previously
recommended that the City review the litigation if and when the total
expenses reached $50,000.
As with most litigation, the additional costs can not be precisely
determined. The City Attorney advises the additional costs may
exceed $50,000. As ongoing litigation, the discussion of the lawsuit
progress would be appropriate for a closed session.
The adopted Solid Waste Disposal Fund budget includes a General Fund
subsidy of $105,805 to balance the Fund. This subsidy was to take
the form of a loan which would be paid back as future revenues become
available. The preliminary June 30, 1996 actual balances indicate a
fund balance of $441,724, which is $238,914 more than was anticipated
in the adopted budget. The result of this improved fund balance is
(Continued on page 2)
RECOMMENDED ACTION: 1. Appropriate $50,000, from the adjusted
fund balance, for disposal site litigation - acct #660.3401.250.
2. Change the September 4, 1996 appropriation of $30,000
disposal site litigation from General Fund Reserve #115 to the
Solid Waste Disposal Fund #660.
ALTERNATE COUNCIL POLICY OPTIONS: 1. Discontinue Solid Waste Disposal Site Litigation.
2. Appropriate a different amount for litigation expense.
Prepared by: Gordon Elton, Finance Director //~
Coordinated with: David Rapport, City Attorney
Attachments: Solid Waste Disposal Fund budget amendment worksheet
APPROVED:
Candace'H~s~e~[ ~ity Manager
GE:BUDCHG01 .AGN
that unappropriated funds are available in the Solid Waste Disposal
Fund. These funds can be used to pay the costs of continuing the
defense in the Disposal Site litigation without further expense to
the General Fund. Furthermore, the funding of the previous budget
amendment of $30,000 from the General Fund can be reversed and taken
from the Solid Waste Disposal Site Fund, where it more appropriately
belongs.
The City Attorney has indicated satisfaction with the work performed
by Rick Jarvis and recommends continuation of the litigation defense.
GE:BUDCHG01 .AGN
Page 2
BUDGET AMENDMENT WORKSHEET
SOLID WASTE DISPOSAL - FUND #660
Adopted
Budgeted amounts:
Beginning fund balance 7/1/96
Budgeted revenue
Expenditures budgeted from fund
Transfers budgeted (net)
General Fund loan
Budgeted ending fund balance 6/30/97
$ 202,810
$ 1,904,265
$ (1,965,879)
$ (247,001)
$ 105,805
Adiustments made durinq the fiscal year:
Date
Approved Account No.
per audit Beginning fund balance adjustment
proposed Reimburse general fund for litigation expense previously paid this year
proposed Additional litigation expense
$ 238,914
$ (3O,OOO)
$ (50,000)
Revised ending fund balance 6/30/97 $ 158,914
RESERV97.XLS 11/25/96 Page 1 Funds 660; 661;664; 665; 670
ITEM NO. 6c
DATE: DECEMBER 4, 1996
AGENDA SUMMARY REPORT
SUBJECT: SET DATE TO INTERVIEW CITY CLERK APPLICANTS
At their October 30 meeting the City Council authorized staff to recruit for City Clerk since the
elected position was not filled. The application deadline is November 26 and the testing process will be
completed in the next two weeks. City Council requested to interview the top candidates. Staff
recommends that interviews take place immediately before the December 18 meeting with the
appointment made that night as a regular Council agenda item. A specific hour should be determined
so the December 4 meeting may be adjourned to a time certain.
RECOMMENDED ACTION:
Set 5:30 PM, Wednesday, December 18 as the time and date to
interview City Clerk candidates.
ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine different time and date are appropriate and set accordingly.
2. Determine City Clerk position is not to be filled and provide direction to staff.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Michael F. Harris, AICP, Assistant City Manager
Candace Horsley, City Manager
None
APPROVED:
Cand-~ce Ho~:sley, C'it-y ~anager
mfh:asrcc
124ccint
ITEM NO.
DATE: December 4, 1996
AGENDA SUMMARY REPORT
SUBJECT:
INTRODUCTION OF ORDINANCE AMENDING THE CITY ZONING MAP TO
REZONE 30 LOTS IN THE EAST SIDE REZONING AREA
SUMMARY: In December of 1995, the City Council formally adopted a new General Plan for
the City. One of the first tasks of implementing the new General Plan is to revise ordinances
and other regulatory "tools" to be consistent with the Plan. Accordingly, over the past year, staff
has initiated a series of zoning map and ordinance revisions based upon the direction provided
in the new General Plan.
Phase No. 7 of the city-wide General Plan rezoning program involves amending the Official
Zoning Map to rezone 28 of a possible 58 lots situated in what is referred to as the East Side
area (30 lots were originally recommended for rezoning, however it is now recommended that
2 of the lots be remanded back to the Planning Commission for consideration). A map depicted
the East Side rezoning area is attached to the draft ordinance. This portion of the community
is predominantly comprised of commercial, and medium and high density residential zoning
classifications.
The General Plan assigns Iow, medium, and high density residential, and some commercial land
use designations to parcels in the East Side rezoning area. These designations have been
assigned to reflect existing development, to facilitate the logical evolution of inappropriate land
uses, and to guide the development of existing vacant land.
(Continued on page 2)
RECOMMENDED ACTION: Introduce by title only the ordinance amending the City Zoning Map
rezoning 28 lots in the East Side rezoning area.
ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not introduce the proposed ordinance, and
provide direction to staff.
Citizen Advised: Affected and adjoining property owners individually noticed
Requested by: Planning Department
Prepared by: Charley Stump, Senior Planner
Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director
Attachments:
1. Ordinance amending the City Zoning Map
2. Planning Commission Staff Report, dated November 13, 1996
3. Planning Commission Minutes, dated November 13, 1996
APPROVED:
andace Horsley, City Manager
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A table listing the parcels by Assessor's Parcel number, their current zoning, General Plan Land
Use Designation, and proposed zoning, is included as Exhibit "A" to the proposed ordinance
rezoning the properties.
Planning Commission Hearin~
On November 13, 1996, the City Planning Commission conducted a public hearing and
discussed the proposed rezoning project. After considerable discussion, the Planning
Commission formulated a number of recommendations for the City Council's consideration. They
are recommending that 28 of a possible 58 lots be rezoned. The rezone groupings, and the
Planning Commissions recommendations are discussed below.
'1. R2 to R3
This grouping consists of 28 parcels separated into 4 sub-groups.
Subgroup #1 - Waugh Lane: This group is comprised of 15 parcels located along the east
side of Waugh Lane south of Gobbi Street. Most of the parcels are large and developed with
sizeable apartment complexes. However, approximately 6 of the parcels are developed with
single family residences adjacent to the apartments, and 1 parcel is developed with a retirement
residential facility.
The basis of the HDR (High Density Residential) General Plan designation is to acknowledge
the dominance of multiple family residential development in the area, and the potential for
adjacent single family residential land uses to evolve towards higher density residential
development in the future. Additionally, the parcels are in close proximity to a major
transportation corridor and commercial land uses, which are primary criteria for high density
residential development. Accordingly, the Planning Commission voted unanimously to
recommend the rezoning of these parcels from "R2" to "R3."
Subgroup #2 - Ford Street: These 8 parcels are situated along the north side of Ford Street
east of Orr Creek. 4 of the parcels are developed with apartments, while the remainder are
developed with single family residences.
Similar to Group #1, these parcels have been assigned the HDR Land Use designation to
acknowledge existing development, and the potential for adjacent land uses to evolve into
multiple family residential uses. These parcels are also in close proximity to a major
transportation corridor and commercial land uses, as well as the hospital and medical offices.
Accordingly, the Planning Commission concluded that these parcels are logically designated in
the General Plan, and voted unanimously to recommend their rezoning from "R2" to "R3."
Subgroup #3 - Clara Avenue: These 4 parcels are situated at the southwest corner of Clara
Avenue and Orchard Avenue, and are developed with single family residences. High density
residential apartments are located across Clara Avenue, and the vacant parcels to the west have
been assigned the medium density residential Land Use Designation.
The Planning Commission supported the General Plan Land Use designation, because of the
close proximity to other high density residential development, commercial land uses, a major
transportation corridor, and medical facilities. Accordingly, they voted unanimously to
recommend the rezoning of these 4 parcels from "R2" to "R3."
Subgroup #4 - Leslie Street: This parcel is located at the southeast corner of Leslie Street and
Peach Street. It is currently vacant and abuts a large apartment complex to the south.
The Planning Commission concluded that because of the adjacent land use to the south, and
the commercial zoning to the west, the "R3" zoning classification appears reasonable and
appropriate. Accordingly, they are recommending the rezoning of this parcel from "R2" to "R3."
2. CN to R3
This grouping consists of 3 parcels along Orchard Avenue, and a portion of a parcel along Gobbi
Street east of Waugh Lane.
Subgroup #1 - Orchard Avenue: These 3 parcels are located at 680, 684, and 690 Orchard
Avenue just north of its intersection with Gobbi Street, and are developed with a single family
residence and two professional offices.
Based upon the existing land uses on these parcels, as well as the zoning to the north and south
along Orchard Avenue, the Planning Commission unanimously disagreed with the General Plan
Land Use designation, and recommends against the rezoning of the 3 parcels on Orchard
Avenue from "CN" to "R3."
Alternatively, they recommend that these parcels be revisited at the conclusion of the General
Plan rezoning program, and the General Plan be amended to designated them as commercial.
The Planning Commission recommends that at that time the "C1" (Light Commercial) zoning
classification be considered for the parcels.
Subgroup #2 - Gobbi Street: The proposed rezoning applies to the front portion of a large flag
shaped parcel developed with a residential retirement facility on the south side of Gobbi Street.
The Planning Commission recommends the rezoning because it would eliminate "split" zoning
on the parcel, and it is reflective of the existing use of the property.
3. R3 to R2
This 16.42 acre parcel is located on the eastern end of Gobbi Street, and is developed with the
Oak Manor Trailer Park.
The Planning Commission recommends againstthis rezoning, because the existing mobile home
park is high density, rather than medium density, and mobile home parks are not an allowed or
permitted use in the "R2" zoning district. They are however, a permitted use in the "R3" zoning
district. From a planning perspective, the trailer park is situated in a logical location in the
community. It is east of and adjacent to, yet visually obscured from Highway 101, and west of
Oak Manor Park. It provides an alternative residential living environment that does not have
adverse impacts on surrounding land uses.
4. R2 to C1
These 10 parcels are located along the eastern side of Leslie Street north of Peach Street, and
are developed with small single family residences. Adjacent land use include the recycling
center and vacant lots to the west, apartments to the south, commercial businesses along
Perkins Street to the north, and single family residential homes to the east.
While the existing single family homes on the subject parcels are older, and may in fact be
considered "transitional" in the next 20 years, and even though the North Coast Railroad property
may be redeveloped in the near future, the Planning Commission did not envision a future
commercial strip along the east side of Leslie Street.
Accordingly, they are recommending a~ainst the rezoning of these parcels from "R2" to "C1."
5. C1 to R3
These 2 large parcels are located along the eastern side of Leslie Street south of Peach Street,
and are developed with the Ukiah Senior Center and the Real Goods Trading Company
corporate offices.
During discussion of this grouping at the Planning Commission meeting, it was mistakenly
understood that these parcels were developed with high density residential apartments, and the
Commission voted unanimously to recommend the rezoning of the 2 parcels to "R-3." However,
subsequent to that meeting, it was discovered that these parcels are developed with the Senior
Center and Real Goods Trading Company business offices. Staff believes that because of this
oversight, the matter should be remanded back to the Planning Commission for consideration
and the development of a recommendation to the City Council.
Accordingly, staff is recommending that the City Council not include these parcels in their action
on the East Side rezoning area, and direct staff to include them in the next rezoning phase for
the Planning Commission's consideration.
6. R2 to R1
These 14 parcels are located along Oak Manor Court south of East Perkins Street. They are
developed with duplexes and apartment buildings.
Based upon the existing land uses, and the close proximity to major transportation routes and
commercial land uses, the Planning Commission recommends a~ainst the rezoning of these
parcels from "R2" to "R1 ."
CONCLUSIONS: The newly adopted City General Plan provides new Land Use Designations
for a number of properties in the East Side rezoning area of the community. The purpose of
redesignating some properties is to acknowledge and protect important existing land uses, and
to help facilitate the evolution of land uses that have become out of context with their
surroundings.
The Planning Commission supported a number of the rezonings, but made recommendations
against others, because of existing development, land use compatibility issues, or concerns
about the preservation of neighborhood character. Accordingly, the Commission is
recommending that 28 parcels be rezoned as a part of this rezoning phase. They are also
recommending that the current zoning be retained on 25 parcels, and that 3 parcels be rezoned
to a classification inconsistent with the General Plan Land Use designation. These 28 parcels
would be revisited at the end of the General Plan rezoning program in the context of a General
Plan amendment and accompanying rezoning action. Additionally, staff is recommending that
the rezoning of the 2 parcels along Leslie Street (Senior Center and Real Goods Trading
Company business offices) be remanded back to the Planning Commission for reconsideration.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA
The City Council of the City of Ukiah does hereby ordain as follows:
SECTION ONE
Pursuant to the procedures set forth in Section 9009 of the Ukiah City Code, the Official
Zoning Map for the City of Ukiah is amended to change the zoning on 28 parcels in the East
Side Area of the community as identified in the General Plan Rezoning Program. Specifically,
the City Zoning Map is amended to rezone 27 parcels from "R-2" (Multiple family Residential)
to "R-3" (General Multiple Residential); and to rezone the south portion of AP 3-582-27 (425
Gobbi Street) from "R-2" to "R-3"; and to rezone the northern portion of AP 3-582-27 (425
Gobbi Street) from "C-N" (Neighborhood Commercial) to "R-3." The listing of the specific
parcels involved in this rezoning action, along with detailed rezoning information is attached as
Exhibit "A."
SECTION TVVO
This ordinance shall be published as required by law in a newspaper of general
circulation published in the City of Ukiah.
SECTION THREE
This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is
necessary to bring the zoning for the subject properties listed in Exhibit "A" into conformance
with the new General Plan adopted on December 6, 1995.
SECTION FOUR
This ordinance shall become effective thirty (30) days after adoption.
Introduced by title only on , by the following roll call vote'
AYES:
NOES:
ABSENT:
ABSTAIN:
1 Passed and adopted on , by the following role call vote:
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AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Marge Giuntoli, City Clerk
Sheridan Malone, Mayor
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EXHIBIT "A"
The East Side
Rezoning Project
(96-49)
Assessor's Current General Plan New
Parcel No. Zoning Designation Zoning
3-581-15
3-581-17
3-581-18 R2 HDR R3
3-581-20
3-581-25
3-582-27 (ptn) R2 HDR R3
3-582-27 (ptn) CN HDR R3
2-093-6
2-093-7
2-093-8
2-093-12
2-093-17 R2 HDR R3
2-093-18
2-093-20
2-093-21
2-137-18
2-137-19 R2 HDR R3
2-137-23
2-137-24
2-290-1 R2 HDR R3
3-574-5
3-574-7
3-574-9
3-574-10
3-574-17 R2 HDR R3
3-574-19
3-574-20
3-574-21
3-574-22
NOTE: Ptn. = Portion of parcel
EXHIBIT "A" - Page 1 of 2
EAST SIDE AREA REZONING
(96-49)
R2 TO R3
R2 TO R3
R2 to R3
RETAIN R2
C1 TO R3
(Remand back to
Planning Commission -
Not included in Ordinance)
CN TO R3
(The Planning
Commission is
recommending
against this
rezoning. They
recommend a
future General
Plan amendment
("C"), and a
"C-1" zoning.
CN TO R3
TO R3
OAK MANOR
ELEMENTARY
SCHOOL
RETAIN R3
DR.
I,/O~A~ DR.
EXHIBIT "A" - Page 2 of 2
CITY OF UKIAH
PLANNING REPORT
AGENDA
ITEM: 8,A. ,
DATE: 11-13-96
DATE:
TO'
FROM'
SUBJECT:
APPLICANT'
November 13, 1996
City of Ukiah Planning Commission
City of Ukiah Planning Department
East Side Area Rezoning Project (96-49)
City of Ukiah
PROJECT SUMMARY: Phase No. 7 of the city-wide General Plan rezoning program
involves 58 lots situated in what is referred to as the East Side area (see map attached
to the draft ordinance). This portion of the community is predominantly comprised of
commercial, and medium and high density residential zoning classifications.
The General Plan assigns Iow, medium and high density residential, and some
commercial land use designations to parcels in the East Side rezoning area. These
designations have been assigned to reflect existing development, to facilitate the logical
evolution of inappropriate land uses, and to guide the development of existing vacant
land.
This project is quasi-legislative in nature and does not require City Planning
Commissioners to visit the site prior to formulating a recommendation to the City
Council.
PROJECT LOCATION' The East Side rezoning area is generally bounded by Ford
Street on the North, Marlene Street the south, the NWP railroad tracks on the west, and
the City Limit line on the east.
DEPARTMENT RECOMMENDATION: The Planning Department recommends that the
Planning Commission recommend City Council APPROVAL of the rezonings and
ADOPTION of the ordinance amending the City Zoning Map.
ENVIRONMENTAL DOCUMENTATION: The City Council has adopted a programmatic
Negative Declaration for the General Plan rezoning project.
GENERAL PLAN DESIGNATIONS: LDR (Low Density Residential) MDR (Medium
Density Residential), HDR (High Density Residential), and "C" (Commercial).
ZONING DISTRICT: "R-I" (Single Family Residential)"R-2" (Multiple Family
Residential), "R-3" (General Multiple Residential), and "C-1" (Light Commercial).
PROJECT DESCRIPTION: In the East Side rezoning area, the General Plan directs the
rezoning of 28 parcels from "R-2" (Multiple Family Residential) to "R-3" (General Multiple
Residential), located along northern Waugh Lane south of Gobbi Street, and along Orr
Street at its intersection with Ford Street. Also, along the southwest corner of the
intersection between Orchard Avenue and Clara Avenue, and the southeast corner of
Peach Street and Leslie Street; 1 parcel from "R-3" to "R-2," located at the northeastern
intersection of Highway 101 and Gobbi Street; 3 parcels from "C-N" (Neighborhood
Commercial) to "R-3," located at 680, 684, and 690 Orchard Avenue. Also, a portion of
AP 3-580-27, located at 425 Gobbi Street from "C-N" to "R-3"; 10 parcels from "R-2" to
"C-1" (Light Commercial) located along Leslie Street north of Peach Street; 2 parcels
from "C-1" to "R-3" located along Leslie Street south of Peach Street; and 14 parcels
from "R-2" to "R-I" located along Oak Manor Court east of Highway 101 and south of
East Perkins Street.
A map(s) indicating the locations of the subject properties, and their current and
proposed zoning is included with the attached draft ordinance.
STAFF ANALYSIS: The parcels proposed to be rezoned have been grouped according
to what the existing and proposed zoning classifications are, as described in the project
description above.
R2 to R3
This grouping consists of 28 parcels separated into 4 sub-groups.
Group #1 - Waugh Lane: This group is comprised of 15 parcels located along the east
side of Waugh Lane south of Gobbi Street. Most of the parcels are large and developed
with sizeable apartment complexes. However, approximately 6 of the parcels are
developed with single family residences adjacent to the apartments, and 1 parcel is
developed with a retirement residential facility.
The basis of the HDR (High Density Residential) General Plan designation is to
acknowledge the dominance of multiple family residential development in the area, and
the potential for adjacent single family residential land uses to evolve towards higher
density residential development in the future. Additionally, the parcels are in close
proximity to a major transportation corridor and commercial land uses, which are primary
criteria for high density residential development.
Staff concludes that these parcels are logically designated in the General Plan, and
recommends their rezoning from R2 to R3.
Group #2 - Ford Street: These 8 parcels are situated along the north side of Ford
Street east of Orr Creek. 4 of the parcels are developed with apartments, while the
remainder are developed with single family residences.
Similar to Group #1, these parcels have been assigned the HDR Land Use designation
to acknowledge existing development, and the potential for adjacent land uses to evolve
into multiple family residential uses. These parcels are also in close proximity to a major
transportation corridor and commercial land uses, as well as the hospital and medical
offices.
Staff concludes that these parcels are logically designated in the General Plan, and
recommends their rezoning from R2 to R3.
Group #3 - Clara Avenue: These 4 parcels are situated at the southwest corner of
Clara Avenue and Orchard Avenue, and are developed with single family residences.
High density residential apartments are located across Clara Avenue, and the vacant
parcels to the west have been assigned the medium density residential Land Use
Designation.
The General Plan Steering Committee considered the "C" (Commercial) Land Use
designation for these parcels, because they are owned by the owners of the commercial
property to the south. They concluded, in part, that the HDR.Land Use designation was
appropriate to preclude commercial land uses from fronting on Clara Avenue, and to
encourage additional multiple family residential development in this area.
Staff supports the General Plan Land Use designation, because of the close proximity
to other high density residential development, commercial land uses, a major
transportation corridor, and medical facilities. Accordingly, we recommend the rezoning
of these 4 parcels from R2 to R3.
Group #4 - Leslie Street: This parcel is located at the southeast corner of Leslie Street
and Peach Street. It is currently vacant and abuts a large apartment complex to the
south.
Based on the adjacent land use to the south and the commercial zoning to the west, the
"R3" zoning classification appears reasonable and appropriate. Accordingly, staff
recommends the rezoning of this parcel from "R2" to "R3."
CN to R3
This grouping consists of 3 parcels along Orchard Avenue, and a portion of a parcel
along Gobbi Street east of Waugh Lane.
Group #'1 - Orchard Avenue: These 3 parcels are located at 680, 684, and 690
Orchard Avenue just north of its intersection with Gobbi Street, and are developed with
single family residences.
The HDR Land Use designation was assigned because the parcels are located on an
identified "High Intensity Development Corridor" in close proximity to commercial and
high density residential development.
Based on adjacent and nearby land uses, as well as the location on a major collector
street, staff recommends the rezoning of these 3 parcels from "CN" to "R3."
Group #2 - Gobbi Street: The proposed rezoning applies to the front portion of a large
flag shaped parcel developed with a residential retirement facility.
Staff recommends the rezoning because it would eliminate "split" zoning on the parcel,
and it is reflective of the existing use of the property.
R3 to R2
This 16.42 acre parcel is located on the eastern end of Gobbi Street, and is developed
with the Oak Manor Trailer Park.
Staff recommends against this rezoning, because the existing mobile home park is high
density, rather than medium density, and mobile home parks are not an allowed or
permitted use in the "R2" zoning district. They are however, a permitted use in the "R3"
zoning district. From a planning perspective, the trailer park is situated in a logical
location in the community. It is east of and adjacent to, yet visually obscured from
Highway 101, and west of Oak Manor Park. It provides an alternative residential living
environment that does not have adverse impacts on surrounding land uses.
R2 to C1
These 10 parcels are located along the eastern side of Leslie Street north of Peach
Street, and are developed with small single family residences. Adjacent land use include
the recycling center and vacant lots to the west, apartments to the south, commercial
businesses along Perkins Street to the north, and single family residential homes to the
east.
While the existing single family homes on the subject parcels are older, and may in fact
be considered "transitional" in the next 20 years, and even though the North Coast
Railroad property may be redeveloped in the near future, staff does not envision a future
commercial strip along the east side of Leslie Street.
Accordingly, staff recommends against the rezoning of these parcels from "R2" to "C1 ."
C1 to R3
These 2 large parcels are located along the eastern side of Leslie Street south of Peach
Street, and are developed with high density apartments.
Based upon the existing use of the land, as well as surrounding compatible land uses,
staff recommends the rezoning of these 2 parcels from "C1" to "R3."
R2 to R1
These 14 parcels are located along Oak Manor Court south of East Perkins Street. They
are developed with duplexes and apartment buildings.
Based upon the existing land uses, and the close proximity to major transportation routes
and commercial land uses, staff recommends against the rezoning of these parcels from
"R2" to "R 1 ."
ZONING DISTRICT INFORMATION
ZONING DISTRICT
R-1
R-2
R-3
MINIMUM LOT SIZE
6,000 / 7,000 on a corner lot
6,000 / 7,000 on a corner lot
6,000 / 7,000 on a corner lot
DENSITY REQUIREMENT
1 unit per 6,000 square feet
(7 units per acre)
1 unit per 3,000 square feet
(14 units per acre)
1 unit per 1,500 square feet
(28 units per acre)
C-1 None None
C-N 7,000 1 unit per 7,000 square feet
CONCLUSIONS: The newly adopted City General Plan provides new Land Use
Designations for a number of properties in the East Side area of the community. The
purpose of redesignating some properties is to acknowledge and protect important
existing land uses, and to help facilitate the evolution of land uses that have become out
of context with their surroundings.
Staff supports a number of the rezonings, but recommends against others, because of
existing development, or concerns about the preservation of neighborhood character.
Accordingly, staff is recommending 33 of the 58 rezoning actions.
ATTACHMENTS:
1. Draft Ordinance Amending the City Zoning Map
ACKNOWLEDGMENTS' The following personnel prepared and reviewed this Planning
Report, respectively:
~a,~~uml3cS~~;an ner
Bob Sawyer, lng Director
APPROVAL OF MINUTER -October 23, 1996
ON A MOTION BY McCowen, Seconded by Larson, it was carried by an all aye voice vote that the
Minutes of October 23, 1996 be revised from their current rough draft form and to continue their
approval until the next meeting.
At the Commission's request a brief discussion for revising the minutes format and length will be
conducted after the Public Hearing.
COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS
No one came forward.
APPEAL PROCESS
Chairperson Pruden read the appeal process to the audience. For matters heard at this meeting,
the final date for appeal is November 25, 1996.
PUBLIC HEARINGS
8A.
Rezoning Application 96-49, as filed by the City Planning Department to rezone 58
parcels of land to zoning classifications consistent with the Land Use Designation
assigned in the new General Plan. The project involves the rezoning of 28 parcels from
"R-2" (Multiple Family Residential) to "R-3" (General Multiple Residential), located along
northern Waugh Lane south of Gobbi Street, along Orr Street at its intersection with
Ford Street, along the southwest corner of the intersection between Orchard Avenue
and Clara Avenue, and the southeast corner of Peach Street and Leslie Street; One
parcel from "R-3" to "R-2" located at the northeastern intersection of Highway 101 and
Gobbi Streets, 3 parcels from "C-N" (Neighborhood Commercial) to "R-3" located at
680, 684, and 690 Orchard Avenue; Also, a portion of A.P. 3-580-27, located at 425
Gobbi Street from "C-N" to "R-3"; 10 parcels from "R-2" to "C-1" (Light Commercial)
located along Leslie Street north of Peach Street; 2 parcels from "C-1" to "R-3" located
along Leslie Street south of Peach Street; and 14 parcels from "R-2" to "R-I" located
along Manor Court east of Highway 101 and south of East Perkins Street.
Senior Planner, Charley Stump, introduced this project as Phase 7 of the city-wide General Plan
rezoning program and referenced the Planning Staff Report. He noted Planning Staff is
recommending against the rezoning of Oak Manor Trailer Park from "R-3" to "R-2", 10 parcels along
the eastern side of Leslie Street north of Peach Street from "R-2" to "C-1", and against 14 parcels
on Oak Manor Court being rezoned from "R-2" to "R-l".
Mr. Stump clarified an error on the map included as part of Exhibit A. He noted Oak Manor Trailer
Park, which is currently labeled to "Retain R-2" should read "Retain R-3", and will be reflected as
such on the map to the Council.
PUBLIC HEARING OPENED: 7:16 P.M.
Walter Salmen, 10350 East Road, Redwood Valley, stated he owns a four-plex on Oak Manor
Court. He expressed.concern, regarding the recommended rezoning to "R-l", that if his building
were destroyed he would not be able to rebuild a multi-family building. He noted if the Commission
recommends against rezoning, his concerns are satisfied.
CommissiOner Lars°n inquired of Staff if a four-plex conforms with current zoning and Staff
confirmed that it does.
PUBLIC HEARING CLOSED: 7:18 P.M.
MINUTES OF THE PLANNING COMMISSION
Page 2
November 13, 1996
Commissioner McCowen recommended that the Planning Commission hear the "R-2" to "R-1"
rezoning item for Oak Manor Court first in Mr. Salmen's interest, since he was the only citizen
present. Commissioner McCowen expressed his support for Staff's recommendation to retain the
"R-2" zoning in this neighborhood.
Mr. Stump stated Staff supports retaining the current R-2 zoning based upon existing land uses and
the close proximity to major transportation routes and commercial land uses.
ON A MOTION BY Commissioner McCowen, Seconded by Commissioner Puser, it was carried by
the following roll call vote to support Staff's recommendation to retain the "R-2" zoning for Oak Manor
Court.
AYES:
NOES:
ABSTAIN:
ABSENT:
Commissioners Larson, McCowen, Puser, and Chairperson Pruden
None
None
None
"R-2" to "R-3" - Group #1 - Waugh _L.3_n~-
Commissioner McCowen recused himself from participation on Group #1 due to a potential conflict
of interest.
Discussion followed regarding the narrow state of Waugh Lane and the improvements that currently
exist.
ON A MOTION BY Commissioner Larson, Seconded by Commissioner Puser, it was carried by the
following roll call vote to support Staff's recommendation to rezone Group #1 - Waugh Lane from
"R-2" to "R-3":
AYES:
NOES:
ABSTAIN:
ABSENT:
Commissioners Larson, Puser, and Chairperson Pruden
None
None
Commissioner McCowen
Commissioner McCowen rejoined the Commission on the platform after the vote.
"R-2" to "R-3" - Grouo #2 - Ford Street
Commissioner McCowen expressed concern regarding the substandard condition of Ford Street
and the potential for increased density.
Mr. Stump stated the majority of this property is already comprised of apartment complexes, the
potential for increased density is not likely.
Commissioner Larson commented on K-mart's proposed new building on Orchard Avenue and the
proposed bridge on Orchard Avenue over Orr Creek and the connection with Brush Street, which
could eliminate close to 5,000 cars per day from Ford and Clara Avenues.
Mr. Stump stated while the K-Mart project has been reinitiated, no guarantees can be made to the
Brush Street extension, until the building permit for the new store is issued and all agreements are
signed.
The Planning Commission also reviewed Groups 3 and 4 on this item and reached consensus to
support Staff's recommendation.
MINUTES OF THE PLANNING COMMISSION
Page 3
November 13, 1996
ON A MOTION BY Commissioner McCowen, Seconded by Commissioner Puser, it was carried by
the following roll call vote to support Staff's recommendation to rezone Group Nos. 2 (Ford Street),
No. 03 (Clara Avenue), and No.4 (Leslie Street) from "R-2" to "R-3":
AYES:
NOES:
ABSTAIN:
ABSENT:
Commissioners Larson, McCowen, Puser, and Chairperson Pruden
None
None
None
"CN" - "R3" - Group I - Orchard Avenue
Commissioner McCowen noted two of the three parcels in this group are improved with
professional offices and he recommended retaining the C-N zoning on Orchard Avenue.
Mr. Stump recommended zoning to C-1 if the Commission desires to retain a commercial zoning
to be consistent with adjoining commercial properties. These properties have been designated High
Density Residential in the General Plan, so if the Commission desires to zone them to C-1 these
parcels would be added to those properties scheduled for a General Plan zoning amendment at the
end of the rezoning program.
Discussion followed relative to the two home conversions that are currently commercial businesses
and the surrounding commercial parcels on Orchard Avenue.
ON A MOTION BY Commissioner McCowen, Seconded by Commissioner Larson, it was carried by
the following roll call vote to recommend a General Plan Amendment to designate the parcels as
Commercial, and to recommend rezoning the three parcels (Group #1) located at 680, 684, and 690
Orchard Avenue, with a preference for C-1:
Discussion followed relative to density versus intensity, and C-1 zoning allowances.
Chairperson Pruden stated she is not in favor of house conversions to commercial businesses
which result in a strange mix in neighborhoods. She does not have a problem with these three
parcels in particular, but encouraged the Commission to be cognizant that this type of conversion,
with paved front yards, is generally the least successful.
Commissioner Larson concurred with Chairperson Pruden in regards to house conversions, but
stated he would prefer to see commercial zoning intensified in an area such as this that has the
infrastructure to support it, in order to decrease the intensity in other areas where it is highly
inappropriate, such as the west side.
AYES:
NOES:
ABSTAIN:
ABSENT:
Commissioners Larson, McCowen, Puser, and Chairperson Pruden
None
None
None
ON A MOTION BY Commissioner McCowen, Seconded by Commissioner Larson, it was carried by
the following roll call vote to support Staff's recommendation to rezone Group #2 (Gobbi Street) from
C-N to R-3:
AYES:
NOES:
ABSTAIN:
ABSENT:
Commissioners Larson, McCowen, Puser, and Chairperson Pruden
None
None
None
MINUTES OF THE PLANNING COMMISSION
Page 4
November 13, 1996
"R-3" to "R-2" - Oak Manor Trailer Park
ON A MOTION BY Commissioner McCowen, Seconded by Commissioner Puser, it was carried by
the following roll call vote to support Staff's recommendation to retain the "R-3" zoning on the Oak
Manor Trailer Park parcel:
AYES:
NOES:
ABSTAIN:
ABSENT:
Commissioners Larson, McCowen, Puser, and Chairperson Pruden
None
None
None
"R-2" - "C-1" - East of Leslie. North of Peach
Commissioner McCowen concurred with Staff's recommendation to retain the "R-2" zoning in this
area. He noted a "C-1" designation would only provide severe aesthetic and traffic problems and
add to the congestion that already exists in that area.
Commissioner Larson stated it is premature to assign a new zoning classification to that district
without the traffic and circulation issues surrounding the railroad depot, wherein Leslie Street plays
an integral part and may not exist in its present form at all. He supports retaining the "R-2" zoning.
Discussion followed relative to potential housing and commercial uses surrounding the railroad
depot.
ON A MOTION BY Commissioner McCowen, Seconded by Commissioner Puser, it was carried by
the following roll call vote to support Staff's recommendation to retain the "R-2" zoning on the east
side of Leslie, north of Peach:
AYES:
NOES:
ABSTAIN:
ABSENT:
Commissioners Larson, McCowen, Puser, and Chairperson Pruden
None
None
None
"C-1" to "R-3" - East Side of Leslie, South of Peach
After brief discussion the Commission agreed to support Staff's recommendation to rezone to "R-3"
to reflect existing use and development.
ON A MOTION BY Commissioner Larson, Seconded by Commissioner Puser, it was carried by the
following roll call vote to support Staff's recommendation to rezone from "C-1" to "R-3" on the east
side of Leslie, south of Peach.
AYES:
NOES:
ABSTAIN:
ABSENT:
Commissioners Larson, McCowen, Puser, and Chairperson Pruden
None
None
None
PLANNING DIRECTOR REPORTR
- City Council and Redevelopment Agency Actions
- Future Planning Commission Agenda Items
- Status Reports
None to Report.
MINUTES OF THE PLANNING COMMISSION
Page 5
November 13, 1996
ITEM NO. 9a
DATE' December 4, 1996
AGENDA SUMMARY REPORT
SUBJECT: SET DATE FOR WORKSHOP TO DISCUSS CITY COUNCIL LEGAL ISSUES AND
MEETING CONDUCT AND PROTOCOL
The newly elected City Councilmembers will be sworn in and seated at the December 4, 1996 City
Council meeting. As part of their duties and responsibilities as City Councilmembers, there are a
myriad of legal and protocol issues which they will need to review and be versed in. Rather than
just preparing and submitting to the Councilmembers a written packet of information containing these
rules and regulations, I have arranged for the City Attorney to give a special workshop on legal
issues and meeting conduct and protocol, so that the Council may interact, discuss, and ask
questions of the City Attorney regarding these issues.
Typically, special hour-long workshops have been held either in the morning or an hour before a
Council meeting. The City Manager and City Attorney will bring their calendars to the meeting to
schedule a time and date with the Council.
Staff is requesting that the Council review their calendars to select a time where all Councilmembers
may attend.
RECOMMENDED ACTION: Council determine appropriate date to hold workshop to discuss legal
and protocol issues.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine workshop is not necessary at this time.
Acct. No. (if NOT budgeted): N/A
Appropriation Requested: N/A
Citizen Advised: N/A
Requested by:
Prepared by:
Coordinated with:
Attachments:
Acct. No.:
(if budgeted)
Candace Horsley, City Manager
David Rapport, City Attorney
1. None.
APPROVED: ~,~ ~,. ~ _~~'~//,.,,1
Candace Horsley, IJit~ Manager
4/Can. ASRLegal.WS
ITEM NO. 9b
DATE: DECEMBER 4, 1996
AGENDA SUMMARY REPORT
SUBJECT:
ADOPTION OF ORDINANCE AMENDING SECTION 1101 OF THE UKIAH MUNICIPAL
CODE REDUCING THE NUMBER OF AIRPORT COMMISSIONERS FROM SEVEN TO
FIVE
At their meeting of November 20, 1996 the City Council introduced the ordinance to reduce the
number of Airport Commissioners from seven to five. It is now appropriate to adopt the ordinance. The
City Attorney has opined that the new Council members can vote on the matter even though they were
not part of the introduction process.
Staff recommends adoption of the ordinance setting the membership of the Airport Commission
at five instead of seven.
RECOMMENDED ACTION:
Adopt Ordinance Amending Section 1101 of the Ukiah Municipal
Code Reducing the Number of Airport Commissioners from Seven to
Five
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine ordinance should be amended, identify proposed changes, and reintroduce
ordinance by title only.
2. Determine reduction is not appropriate and do not adopt ordinance.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Michael F. Harris, AICP, Assistant City Manager
Candace Horsley, City Manager
1. Ordinance for adoption, page 1.
APPROVED:
C~ce ~orsley, C~ity~Manager
rnfh:asrcc
124^IRCOM
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UKIAHAMENDING SECTION 1101 OF THE UKIAH CITY
CODE CHANGING THE NUMBER OF MEMBERS ON THE
AIRPORT COMMISSION
The City Council of the City of Ukiah hereby ordains as
follows:
SECTION ONE
Section 1101 of the Ukiah City Code is hereby amended to read
as follows:
~1101: MEMBERS; APPOINTMENT; TERM OF OFFICE: Said Commission
shall consist of five (5) members. Except as provided herein,
three (3) of the members shall be residents of the City and two (2)
may reside outside the City but within the City's sphere of
influence as established by the Local Agency Formation Commission.
Members shall be appointed according to procedures established by
resolution of the City Council. The members shall be appointed for
a term of three (3) years which terms shall be staggered.
SECTION TWO
This Ordinance shall be published as required by law and shall
become effective thirty (30) days after it is adopted.
Introduced by title only on November 20, 1996, by the
following roll call vote-
AYES-
NOES:
ABSENT:
Councilmember Mastin and Mayor Schneiter.
Councilmember Malone.
Councilmembers Wattenburger and Shoemaker.
Adopted on December 4, 1996, by the following roll call vote:
AYES ·
NOES ·
ABSENT:
ATTEST-
Sheridan Malone, Mayor
Marge Giuntoli, City Clerk
4: Res: Airport 1. Ord
1
AGENDA
SUMMARY
ITEM NO. 10a
DATE: DECEMBER 4, 1996
REPORT
SUBJECT:
DISCUSSION REGARDING NOMINATION AND SWEARING IN OF
APPOINTED COUNCILMEMBER TO FILL THE UNEXPIRED TERM OF
SHERIDAN MALONE
The City Council will need to discuss and determine the process for filling the vacant Council
seat created by Councilmember Malone's election as Mayor. There are two options available
for this process.
o
The Council may call a Special Election to fill the vacancy for the remainder of Sheridan
Malone's Councilmember term (through November 1998). The Ukiah Unified School
District will be holding an election in March, 1997 which the City could participate in,
at an estimated cost of $8,000 to $10,000. Council must act immediately if this is the
selected option, as we only have an approximate two week time period within which to
finalize the arrangements for this election.
.
The Council may appoint a Councilmember to fill Sheridan Malone's vacancy. There
are two alternatives for selection of candidates: 1) selecting from the candidates who ran
in the recent Council election, or 2) soliciting applications from the public for the vacant
Council seat. The Council may also choose to interview the applicants before the
nomination process begins.
CONTINUED ON PAGE 2
RECOMMENDED ACTION:
1. Discuss and determine the process for appointment, as well as nomination, of a
Councilmember to fill the unexpired term of Sheridan Malone.
2. Adopt resolution appointing Councilmember to fill unexpired term of
Sheridan Malone.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Appropriation Requested:
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
N/A
Candace Horsley, City Manager
David J. Rapport, City Attorney
1. Resolution
2. Citizen Letters Regarding Appointment
APPROVE.3~andace Horsley, City Manager
R:I\CM:KK ~
ACOUNCIL
Discussion Regarding Possible Nomination and Swearing in of Appointed
Councilmember to Fill the Unexpired Term of Sherdian Malone
November 15, 1996
Page 2
Nomination Process
The only statutory requirements relative to an appointed Councilmember is that the
person is a resident of the City of Ukiah and a currently registered voter. The
nomination process is at the Council's discretion. Typically for Council appointments,
the Mayor begins the nomination process and if that nominee is not selected, the choice
for nomination would then pass on to the next senior Councilmember. The Council may
instead choose to follow the procedures for filling vacancies on City Commissions and
Committees whereby the Mayor moves to appoint a candidate and if that person is not
chosen the Mayor continues to nominate candidates until a selection is made.
If the Council nominates and selects a councilmember at this meeting, it is necessary to
adopt a resolution appointing the new member to the Council. Such a resolution is
attached for the Council to adopt, and the new councilmember could be sworn in at the
December 18, 1996 City Council meeting.
R:I\CM:kk
ACOUNCIL
RESOLUTION NO. 97-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
MAKING APPOINTMENT TO FILL THE UNEXPIRED COUNCIL TERM OF
SHERIDAN MALONE
WHEREAS, Councilmember Sheridan Malone was elected to a two year term as
City of Ukiah Mayor on November 5, 1996; and
WHEREAS, the swearing in of Sheridan Malone as Mayor on December 4, 1996
created a Council vacancy whose term expires in November 1998; and
WHEREAS, it was the decision of this Council to evaluate the candidates who
participated in the November 5, 1996 election, and/or other capable City residents, to
determine the most competent person to complete the unexpired term.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah
does hereby appoint to fill the unexpired term of Councilmember Sheridan
Malone, which expires in November 1998.
PASSED AND ADOPTED this 4th day of December, 1996 by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Sheridan Malone, Mayor
Marge Giuntoli, City Clerk
mfh:resord
appointment
November 27, 1996
Ukiah City Council
300 Seminary Avenue
Ukiah, CA 95482
I am writing in regard to the the vacant seat on the
City Council. I think the choice should be
Kathy Libby.
Kristy Kelly and Phillip Ashiku got the most votes,
yes, but certainly not by much. Kathy Libby was
even ahead of them at times on election night.
Appointing someone with less votes (or even no votes)
than she would not be right.
It seems to me the citizens of Ukiah have chosen the
three people they want on the Council. I think you
should take that into consideration.
Thank you. ·
Frank Va-i ne
November 14, 1996
TO:
Candice Horsley
Ukiah City Council
FROM: Kathryn C. Schapmire
Registered Voter
SUBJECT: APPOINTMENT OF THIRD CITY COUNCIL MEMBER
The following reasons are why I think that Kathy Libby should be the third City Council
Member. She ran third in the November 5th election. Makes sense, doesn't it?
1)
2)
3)
4)
5)
We just had an election. Today that election is only 9 days old. Three people mn neck-
in-neck all night long. There was not a great amount of votes separating them when the
final count was tallied.
It is the AMERICAN WAY to choose politicians by vote. We went to the polls and
voted. I think it is presumptuous of the City Manager and the City Council to decide
what we should have. We have spoken. GIVE US WHAT WE WANT.
You had to know that we needed three members to the City Council before the election
since Sheridan was the only one running for Mayor. It seems sneaky and underhanded to
announce two days after the election, "Oh, yeah we need a third person and we are not
willing to take that person from the election." It's like you (Candace & the City
Council Members) are telling the voting public to stick it in their ear.
All the ways that I have read in the Journal that you are thinking about filling the position
is unacceptable. It is almost ludicrous that we should care who Malone, Wattenburger,
and Shoemaker want on the new City Council. It would not even occur to me to ask
them. Their elected term is over so Good Bye and Good Luck. If the rest of the City
Council members cannot work with a diversified group then they should resign. We
should not ask them for a candidate either. We the citizens do not want a "padded
contrived City Council."
I think the City Council members should welcome Kathy Libby. It would go along way
to ensure the public that they have no hidden agendas and secret handshakes. Show us
.your true colors. The ball is in your court for us the public to have confidence and pride
~n you.
These thoughts are not only mine. I randomly called 40 people out of the Ukiah
telephone book and here are the results: 7 did not vote, 10 did not care, and 23
agreed with me. This poll was taken November 12, 1996 between the hours of 7:00 p.m.
and 9:00 p.m.
#oyster /0, /~6
~e rdLn ~ke L~Ln o ~ke ~a~ on
~ke ~o~Lcai ckoLce wouZd 6e KaLk~ LL~.
'[fie ~o? ~wo vo~e geL-Ler~ cer~aLniy dLd no~_ wLn $y any ku~e [or wna~gJ iand~/Lde.
'[he num6er~ were extreme~t cgo~e.
SLncerely,
ArLene £ra~er
P L A Z A
D
E
L
L
NOVEMBER 11, 1996
UKIAH CITY COUNCIL
300 SEMINARY AVENUE
UKIAH, CA 95482
RE: CITY COUNCIL APPOINTMENT
Business Offices
DEAR COUNCIL MEMBERS,
AS A UKIAH CITY RESIDENT AND A UKIAH CITY BUSINESS OWNER,
I WOULD LIKE TO ENCOURAGE YOU TO APPOINT "KATHY LIBBY" TO THE
UPCOMING POSITION ON THE UKIAH CITY COUNCIL.
I FEEL THE VOTERS OF THE CITY MADE A FIRM STATEMENT WITH THE
NUMBER OF VOTES KATHY RECEIVED IN THE ELECTION!!! FOR YOU
TO IGNORE THIS STATEMENT WOULD BE DOING A GREAT DISSERVICE
TO THE PEOPLE OF UKIAH. IF KATHY IS NOT APPOINTED TO THE
CITY COUNCIL, ~I WOULD WONDER WHAT THE HIDDEN AGENDA WAS FOR
THIS COUNCIL, OBVIOUSLY IT IS NOT THE WILL OF THE PEOPLE.
SINCE~RELY,
/
/ BARBARA CRAIL
MANAGER,
CRAIL MANAGEMENT SERVICE
PLAZA DEL SOL BUSINESS OFFICES
SOUTH OAK APARTMENTS
FREITAS STREET PROPERTY
776 South State Street, Suite 203 · Ukiah, California 95482 · (707) 468-5426. Fax: (707) 468-5427
Marilyn J. Butcher
2700 Twining Road
Ukiah, CA 95482
(707) 462-6229
November 11, 1996
Letter To The Editor:
Ukiah Daily Journal
590 S. School Street
Ukiah, CA 95482
RECE ¥ED
CITY OF UK~.A~
CITY r'~ ,~
~-,-ER~: O~LPAR7 MEN ?'
Dear Editor,
Open letter to Mayor-Elect Sheridan Malone, seated City
Councilman Mastin and Councilmen-Elect Kelly and Ashiku.
Please do not open up the choice for the third (3rd) seat on
the City Council to all comers.
If the council chooses to accept other names, the council
must have a special election. The citizens of Ukiah have the
right to make that final choice. A special election would be very
expensive and at cross purposes with an existing mandate.
The citizens of Ukiah have already made known their choices
by virtue of having voted for the slate of remaining, well quali-
fied candidates on the November 5, 1996 ballot. Please honor the
voter's wishes! In short, I would think it prudent and advisable
to fill the third (3rd) Council seat vacancy from this obviously
well qualified and previously validated pool of candidates.
Sincerely,
Marilyn J. Butcher
Former Member 1st District
Mendocino County Board of
Supervisors, Oct. 1983 - Dec. 1992
CC: The Ukiah City Council