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HomeMy WebLinkAboutMin 04-17-96MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 17, 1996 Page I The City Council convened at 6:52 p.m., in a regular meeting, of which the agenda was legally noticed and posted, in the Ukiah Civic Center Council Chambers, 300 Seminary Drive, Ukiah, California. Roll was taken and the following Councilmembers were present: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. Staff present: City Manager Horsley, City Attorney Rapport, Public Utility Director Barnes, Finance Director Elton, Assistant to the City Manager Harris, and Assistant Redevelopment Director DeKnoblough, and Executive Assistant Yoast. 2. Invocation/Pledge of Allegiance Assistant City Manager Harris delivered the Invocation and Mayor Schneiter led the Pledge of Allegiance. 3. Proclamation Declaring April 23 as Second Annual Youth Service Day in Coordination with Natlonal Youth Service Day Mayor Schneiter read the Proclamation and presented to Tammi Weselski who expressed appreciation and accepted it for Youth Service Ukiah. APPROVAL/CORRECTION OF MINUTES 4a. Regular Adjourned Meeting of April 2, 1996 M/S Shoemaker/Malone to approve the minutes of the regular adjourned meeting of April 2, 1996, as submitted. The motion was carried by the following roll call vote: AYES: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 4b. Regular Adjourned Meeting of April 3, 1996 Councilmember Shoemaker requested the spelling changed from "Caden" to Caton. M/S Shoemaker/Malone to approve the corrected minutes of the regular adjourned meeting of April 3, 1996, as submitted. The motion was carried by the following roll call vote: AYES: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 4c. Regular Meeting of April 3, 1996 Councilmember Malone requested a change on Page 4, under Councilmember Reports, Councilmember Malone, change "Riggs" to "Hauser", and noted that it was Mayor Schneiter who reported on the request for sister City, as he was listed twice under COuncil reports. 5. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Government Code Section 1094.6 of the California Code of Civil Procedures. CONSENT CALENDAR M/S Wattenburger/Mastin to move Item 6d, Adoption of Plans, Specifications, and Engineer's Cost Estimate for the Extension of Airport Park Blvd. Within the Airport Industrial Park and Authorize the Notice Inviting Bids for the Performance of the Work from the city Council Consent Calendar, and place it on the Redevelopment Agency meeting agenda; and to adopt the Consent Calendar as follows: 6a. Received disbursements. and approved report regarding March 1996 6b. Denied claim received from Mark Sparso, and referred it to the City Insurance Carrier, REMIF. 6c. Awarded bid for high voltage line clearing and tree trimming at various locations within the City, to Marvins Garden in an amount not to exceed $30,000 as budgeted in Acct. 800-3728-250. 397 Reg. Mtg. April 17, 1996 Page 1 398 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 17, 1996 Page 2 6e. Receive proposed budget and funding request from Mendocino Transit Authority to Mendocino Council of Governments. 6f. Authorized budget amendment for unanticipated training expenses of sponsoring two Police recruits through the basic Police Academy, in the amount of $6,000 to Account 100-2001-640 from the general fund balance. 6g. Adopted Resolution No. 96-53 abolishing on-street parking spaces and establishing a no parking zone/bus loading zone on the south side of mill street along the frontage of 209 Mill Street and the adjacent parcel to the west. 6h. Waived irregularity in bid not material to cost or performance and awarded contract to T&T Paving, Inc, DBA Valley Paving of Redwood Valley, in the amount of $13,088.98 for the construction of ADA curb ramps (Phase I) near Main Street Library and Low Gap County Buildings, Spec. No. 95-20; and authorized the use of unobligated funds within Account No. 300-9631, Curb, Gutter, Sidewalk Repair, in the amount of $3,789 of which $2,489 is to be utilized to fund the contract above the funding level approved by MCOG and $1,300 is to be reserved for cost overruns by reason of actual quantities exceeding estimated quantities and/or unforeseen work. 6i. Declared Public Safety Department Vehicles as surplus property and allowed Department of Public Safety to sell or trade these vehicles for a newer, serviceable detective vehicle; and if sold, proceeds to be deposited in Account 698-275-201 until replacement can be secured. The motion was carried by the following roll call vote: AYES: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No audience came forward. PETITIONS AND COMMUNICATIONS 9a. Petition to Reconsider Demolition Permit Application for Structure at 400 East Perkins Street The Planning Director reported on the petition received by the City Manager from Sizzler and the property owner, expressing concern for the adjacent historical home still unmoved, and ongoing concern regarding trespassing on the parcel and the Sizzler's insurance company is concerned regarding a fire hazard. He explained staff's recommendation to the City Council is to reconsider its earlier decision at a future council date or refer back to staff to work with owner to see if it can be moved. Council queried staff regarding possible options. Jeff Trouette, Maple Avenue, stated he speaking for property owner Mr. Quan, and outlined the owners past years efforts to get this house moved, with no success and asked that Council allow the house to be demolished, and explained how they planned to reuse the lumber. Mayor Schneiter stated the condition of what he has seen is less than desirable in regards to health and safety. He indicated the slowness to clean up the adjacent parcel does not show much of an aggressiveness in cleaning up the area. Mr. Trouette cited last years large rainfall amounts as the reason, and indicated this structure would be removed timely. Mr. Bafia, owner of Sizzler, 404 E. Perkins, explained that his problem is with the procrastination regarding the building and Reg. Mtg. April 17, 1996 Page 2 399 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 17, 1996 Page 3 cited incidents where transients have affected his employees and customers, who have complained to him in addition to his insurance company's potential fire concern. Judy Pruden, 304 S.Hortense, Chairman of Demolition Review Committee, reminded Council this property is on the state historical list. She requested Council refer direction back to staff to form a subcommittee and immediately began processing and find a solution to this problem this week, which will be referred to the Demolition Review Committee for recommendation to Council. She indicated that success in making this work is working with the property owner, as dealing with an agent makes progress very difficult. Mr. Quan needs to attend the meetings as we can probably solve his problem if he will come in and work with us. She noted this issue should be able to come back to Council by May 1 with a staff report regarding solutions and time frames as well as other things the Council would like to see done. Mayor Schneiter stated your premise is based on cooperation by the property owner. Absent any cooperation when it comes back, Council will have to make a determination on the matter. Ms. Pruden indicated there are resources in this community and she feels if we have the cooperation of the owner they can be successful, noting people have gone to talk to the owner's agents, who have discouraged them. Discussion ensued regarding moving the structure, availability of buyers, lots, and costs. M/S Malone/Mastin to refer this matter to staff and bring back to Council May 1 or May 15. The motion carried with the unanimous voice vote of all AYE. PUBLIC HEARINGS - 7:00 p.m. Sa. Adoption of Resolution Approving The Nondisposal Facility Element, Dated March 22, 1996, as Prepared by The Mendocino Solid Waste Management Authority (MSWMA) Pursuant to AB 939 As Mandated by The State of California, And Accept City's Solid Waste Management Plan The Public Works Administrator reported AB 939 requires adoption of this document by all participating cities, which was prepared by Mike Sweeney, Manager of Mendocino Solid Waste Management Authority, and outlined the procedures required for adoption. She noted changes on page 6 since the draft Non Disposal Facility Element was previously received by Council. She reported this is an informational document and datelines are estimated figures. Council queried Mr. Sweeney regarding listed proposed sites and surrounding legal issues. PUBLIC HEARING OPENED - 7:14 P.M. PUBLIC HEARING CLOSED - 7:15 P.M. M/S Malone/Wattenburger to approve the Non Disposal Facility Element, NDFE and adopt the Resolution No. 96-54, adopting the Non Disposal Facility Element (NDFE) document as submitted, and establishing it as a part of the City of Ukiah's Solid Waste Management Plan. The motion was carried by the following roll call vote; AYES: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES. None. Bb. Appeal of Planning Commission,s Denial of Variance Application No. 96-05, as Filed by Friedman Brother,s Hardware, to Exceed the Building Height Limit Required for a Structure in the Airport Industrial Park Planned Development, from 50 to 70 Feet, for the Purpose of Constructing a 70 Ft. High Flagpole on a Property Located in the Airport Industrial Park, at 1235 Airport Park Blvd Reg. Mtg. April 17, 1996 Page 3 4OO MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 17, 1996 Page 4 Mayor Schneiter excused himself from this portion of the meeting as he is employed by Friedman Brothers, due to conflict of interest rulings. He explained that Vice-Mayor Shoemaker will conduct the Public Hearing. The Associate Planner reported on the history of the project and the Planning Commission's deliberations. He explained the variance application was denied by the Planning Commission because it would be a grant of special privilege; is not required; the lower flagpole would not deprive the applicants of anything; and their concern relative to safety matters due to its close proximity to the airport. PUBLIC HEARING OPENED - 7:17 P.M. Ed Sohl, 155 Alice Street, Santa Rosa, Project Architect for Friedman Brothers Hardware Store, distributed a sketch of the flagpole to show the magnitude of the proposal and the issue of 70 feet. He noted the Business Park currently allows for structures of 50 feet in height, and explained the area used for the 10 foot mechanical apparatus that would bring the structure to 60 feet. Harry Friedman, partner of Friedman Brothers, explained Friedman's philosophy regarding flying a large American Flag, and the history of the Santa Rosa Store flag and Friedman's flag procedures and requested the approval of this request so they are able to install the flag for everyone to enjoy. John McCowen, P.O. Box 454, Ukiah, noted he was favorable to Friedman's project and Mr. Friedman's arguments do not persuade him that the pole should be over the 50 ft. level. Mr. Sohl pointed out one of the findings relative to safety and the airport, is unjustified as the airport has a 7 to 1 slope ratio and this flag would be not come close to that height, so is not a concern of the airport or FAA. PUBLIC HEARING CLOSED - 7:26 P.M. Council questioned the height of the flag at the at the USA Gas Station on State Street, the other Friedman store's pole height and flag sizes. Mr. Friedman explained, there was an existing 15 x 25 foot flag, and it is not 70 ft. The Santa Rosa store's pole is approximately 70 feet. Councilmember Mastin stated he supports the project and feels deep respect for the American flag can be accomplished on a 50 foot pole. Councilmember Malone explained he appreciates Friedman Brothers patriotism, yet there are still no findings to substantiate a variance. If in the future the property is sold, a new owner could fly any other kind of flag on it, in addition to establishing a precedent. He agrees with City staff perspectives. Councilmembers Shoemaker and Mastin both indicated they cannot make legal findings. The Associate Planner indicated there is no safety concern regarding the adjacent Municipal Airport and advised Council to drop it as a finding. M/S Mastin/Malone to uphold the Planning Commission's denial of Variance Application No. 96-05, with the following findings: 1. The seventy-foot height of the proposed flagpole would be a grant of special privilege inconsistent with the limitations required of other properties in the Industrial Park; and 2. The seventy-foot height of the proposed flagpole is not required due to any circumstances applicable to the property and would not deprive the Reg. Mtg. April 17, 1996 Page 4 401 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 17, 1996 Page 5 applicant of any use enjoyed by other properties in the industrial park. The motion was carried by the following roll call vote; AYES: Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker. NOES. None. Absent: Mayor Schneiter. Mayor Schneiter returned to the meeting at 7:31 p.m. and Councilmember Shoemaker left his chair and joined the audience at this time. 8c. Appeal of Planning Commission,s Denial of Use Permit 96-02, as Filed by Buck Ganter, to Allow the Construction of a 1,293 Sq. Ft. Second Unit on a .38 Acre Parcel Within the R-1 Zoning District, Located at 725 Walnut Avenue The Associate Planner reported the Planning Commission considered this application and voted 2-2 on March 27, 1996 to approve Use Permit Application No. 96-02, based on findings and subject to conditions of approval. He indicated the tie vote resulted in a procedural error and results in a no action on the project. He provided Council with a summary of the project. Mayor Schneiter polled the Council if everyone had viewed the site, as this is a quasi-judicial hearing, and all Councilmembers present answered in the affirmative. Council queried staff regarding lot size, the applicant could have a second unit up to 1,820 square feet based on the 11% overall site area criteria, code requirements for subdivisions, lot qualifications for subdivision, Use Permit conditioning regarding subdivision, allowed setbacks for two story construction in the rear of the yard, and noted larger structure could be built than what is proposed. PUBLIC HEARING OPENED - 7:41 P.M. Craig Emerson, 710 Willow Avenue, stated he is opposed to the rental unit project because it does not fit into the character of a single residence neighborhood, the large square footage of the proposed building, and the view of this project from Willow Avenue and his back yard. He requested a condition that a restriction be placed on this property for future subdivision. Council queried Mr. Emerson regarding his home size, window views, location of his home and a future planned garage, to this proposed project. Neighbor at 727 Grove Avenue, asked that the project be denied to keep the integrity of the original design of these large lots, stating that every variance weakens the zoning ordinance and the single family design. Indicated two stories is unacceptable. John McCowen, P.O. Box 454, Ukiah, indicated he is sympathetic to the neighbors, but everyone must follow the codes and regulations. He noted the overall economic development plan update approved by Council one year ago indicated the permit process was to be streamlined, and noted applicants have the right to expect expedient approval of their project. He indicated the size of the large lots warrant more use of the lots. ' Lucy Haydons, 780 Walnut Avenue, lives directly across the street from the proposed project, and feels the project, as proposed, would change the character of the neighborhood. She suggested possible mitigation to minimize impacts of the proposed project, as she does not want to see it denied, yet is concerned about future lot split. Bob Hildebrand, 815 Walnut, reported on the history of the neighborhood, based on family. He stated the Ganter's choice to make a home for their mother is a commitment to the community and westside Ukiah is valuable to the neighborhood, because it is a continuity of family values and indicated he supports what they are Reg. Mtg. April 17, 1996 Page 5 402 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 17, 1996 Page 6 doing. Buck Ganter, 705 West Standley Street, represents his mother who owns 725 Walnut Avenue. He explained the project meets all the City requirements and explained the details of the project which addressed neighbors stated concerns. He noted Mr. & Mrs. Stearns have written that they have no concerns with the project and they stand to have the greatest impact from the proposed building. He explained how he addressed neighbor's concerns in the design of this project, noting the square footage is 70% of what is allowed. He indicated as the project is in total conformance, the City should allow us to build this second unit to help his elderly widowed mother. Richard Shoemaker, 115 Brush Street, spoke in support of the Ganter project, although he feels there was not enough discussion at the Planning Commission regarding this project. He explained he is in the process of buying a house on Willow Avenue, and an appraiser told him that a two story residence would impact the value of the home he was buying. He submitted a letter to Council suggesting two alternatives to this project for proposed changes. Council queried Mr. Shoemaker regarding his drawings and if there was a building permit issued for the 710 Willow property which allows for a second story structure involving a propsoed garage. PUBLIC HE&RING CLOSED - 8:07 P.M. Councilmember Malone stated in his review of the project site with the applicant, it appears they appeared to have attempted to minimize the impact to their neighbors. Councilmember Wattenburger stated when he visited the site, he felt the existing dense vegetation really covers the view of the two windows from Dr. Emerson's house; he indicated the removal of the two Walnut trees seems insignificant with the amount of existing vegetation; and favors the applicants trying to create a continued living situation with an in-law or mother and meets all criteria. M/S Wattenburger/Mastin to grant the appeal as recommended in the planning report with the findings; 1. The proposed second unit, as conditioned, is consistent with the General Plan and with Municipal Code standards for second units in the R-1 Zoning District, including those for permitted uses and occupancy requirements; building site area; building sizes and height limits; front setback lines and yard areas; and required parking; 2. The location of the proposed second unit in the R-1 Zoning District is complementary to policies and laws of the State of California, which require local agencies to adopt a second unit ordinance for the purpose of increasing the stock of affordable housing; 3. The project generates no significant adverse impacts, pursuant to the California Environmental Quality Act, which in fact, exempts such projects according to categorical Exemption Class 3(b), Section 15303; and, 4. The establishment, maintenance, or operation of the proposed second unit will not be detrimental to the health, safety, comfort or general welfare of persons residing or working within the neighborhood, or be detrimental to property or improvements around the site, or be harmful to the general welfare~of the City, because the proposed structure would conform with the use and development standards for second units in the R-1 District; in addition to the 21 conditions of approval in the Planning Commission motion resulting in a tie vote at the meeting of March 27, 1996. The motion was carried by the following roll call vote; AYES: Mastin, Malone, Wattenburger, and Mayor Schneiter. NOES. None. ABSENT: Councilmember Shoemaker. Recess - 8: 17 p.m. Reconvened - 8=26 p.m. Councilmember Shoemaker returned to his Council seat at this time. Reg. Mtg. April 17, 1996 Page 6 4O3 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 17, 1996 Page 7 Sd. Appeal of Planning Commission,s Denial of Use Permit Application No. 96-08, as Filed by Axt & Mitchell for Robert Sandelin, to Allow a 3?9 Square Foot Residence and a 1,208 Square Foot Residence Located on a Parcel in the R-3 (General Multiple Residential) Zoning District to Be Converted into Professional Office Buildings, on Property Located at 311 West Perkins Street. Mayor Schneiter polled the Council Councilmembers had visited the site. and determined all The Associate Planner reported on the history of this project, and summarized the Planning Commission'deliberation on March 27, 1996 which resulted in a 2-2 tie vote to deny Use Permit App. No. 96-08. He reviewed staff recommendations to upholding the applicant's appeal, and approve the proposed conversion of two residential units to office buildings, based on the findings including in the attached planning report, and subject to the conditions of approval recommended in the report. Discussion ensued regarding the effect of the Planning Commission tie vote and classification in the general plan, with determination that this project would not impact the housing stock in the City. PUBLIC HEARING OPENED - 8:31 P.M. Robert Sandelin, 318 Jones Street, addressed this particular location and issues surrounding remodel or demolish and rebuild new. He explained the project and its benefits. Granville Poole, Road I, Redwood Valley, noted he has property across the street from the subject parcel, which they converted to commercial. He explained if he were looking at that property and wanted to reconstruct, I would never want to do as a residential use, as commercial is the right use for this property. PUBLIC HEARING CLOSED - 8:37 P.M. Councilmember Malone explained when he visited the site he noted it fronts on a parking lot and is a pretty big corridor coming out of the downtown and it does not strike him as ideal housing stock. Mayor Schneiter noted the intersection of Perkins and Oak Street is very dangerous. M/S Malone/Mastin to overturn Planning Commission denial of Use Permit Application 96-08, to establish a commercial office use in an R-3 zone, with the following findings; 1. It does not pose a threat to the safety or welfare of the community; 2. It does not deteriorate the character of the buildings or detract from the neighborhood, and 3. Most surrounding properties in the area are of a similar use; and to include the conditions of approval recommended in the Planning report by City staff. Se. Introduction of Amended Ordinance for the Airport Industrial Park (AIP) Planned Development (Pd), as Initiated by City Staff and Recommended by the City Planning Commission. The Proposed Amendments Include Describing the Circulation Plan for the Within the Text; Providing a Circulation Plan Map; Adding Language to Permit Retail Commercial Land Uses in the Highway Commercial Designation with the Securing of a Site Development Permit; and Other Minor Changes The Senior Planner reported on staff initiated amendments to the Planned Development Ordinance. He explained Council adopted an amendment late last year and staff is recommending further amendments necessary to enhance the future review and development in the park. He explained the five amendments proposed. Discussion ensued regarding Class III bike lanes; Norgard Lane designation for a possible Clear Zone; prevention of landlocking streets; and wording to prevent loss of access. Reg. Mtg. April 17, 1996 Page 7 404 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 17, 1996 Page 8 PUBLIC HEARING OPENED - 8~50 P.M. Gary Akerstrom, 425 Talmage Road, suggested wording regarding class III bike lanes. He stated traffic in the Redwood Business Park has been reduced by reducing the density by roughly 20% and the development of the Airport Business Development Park has put some of the traffic to the north and since the Wal-Mart EIR. He described and expressed concern regarding various information not in the material presented to Council. PUBLIC HEARING CLOSED - 8:54 P.M. Mayor Schneiter questioned the CEQA document that constructs the EIR is based on a southern access, and does this ordinance change or modify the EIR. The Senior Planner answered that the Ordinance does not invalidate the EIR. He explained and clarified the EIR wording regarding this subject. Councilmember Malone questioned what is the negative aspects of keeping the Ordinance language as it currently is. The Senior Planner explained the primary concern to the City, developers and property owners is the cost of designing and construction of the southern access road, noise and safety measures, improvements to Norgard Lane, and a State Street intersection which would be borne by project applicants and developers. Council queried staff regarding anticipated future needs and costs regarding southern access by Public safety, Walmart development providing secondary access, Norgard access no longer critical; and concern for wetlands protection pertaining to restricted access. Mr. Akerstrom explained his historical perspective of the access issue for the park. He expressed his concern that when you eliminate the southern access, all southern development to the south will have to exit through the northern Business Park, and he does not want to have to mitigate these costs. Discussion ensued regarding timing issues of future development, and the ramifications of a new off ramp. M/S Shoemaker/Malone to read the proposed Ordinance by title only with the removal of amendment Nos. 4 and 5. Discussion followed regarding effects of these wording changes to the proposed Ordinance. Councilmember Shoemaker withdrew the motion with concurrence of the seconder to the motion. M/S Shoemaker/Malone to introduce by title only the proposed Ordinance amending the AIP ordinance, with the deletion of Item D of the circulation plan on page 15 and 16, and directed staff to come back to Council regarding further discussion regarding development affecting traffic on Norgard. The motion was carried by a unanimous voice vote of all AYE. The Executive Assistant read the title only of the Ordinance. M/S Shoemaker/Malone to introduce Ordinance of the City Council of the City of Ukiah Amending the Airport Industrial Park Planned Development. The motion was carried by a unanimous voice vote of all AYE. The City Manager and City Attorney discussed capital improvement fees and assessment district formation to fund future access development costs. Reg. Mtg. April 17, 1996 Page 8 405 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 17, 1996 Page 9 It was the consensus of Council for staff to bring back possible wording regarding a possible southern access. PETITIONS AND COMMUNICATIONS (Cont.) 9b. Discussion Concerning Letter Received from Mendocino Council of Governments (MCOG) Requesting support for Eel River Pump Project The Assistant to the city Manager reported on the letter received from MCOG, with specific direction from Council needed at this time as whether to continue to support this project or not, considering unknown future costs, and .county wide commitment required by the State. Mayor Schneiter noted the usual manner used to form a county wide agency is to create a joint powers agreement for all to sign, and expressed concern that MCOG may not be proper agency to be involved in pursuing water rights. Councilmember Wattenburger indicated the application money requested is only a small portion of the entire future costs. Councilmember Shoemaker stated he is the City MCOG representative, noted he will take the message back that the requested application costs is a pittance of what may be required in the future and if MCOG forwards a JPA proposal to the City, then the Council will look at that, before proceeding further. He explained he, as the city MCOG representative, did not vote for this to come back to you. Discussion ensued regarding possible benefits of the proposed diversion, diversion from the only natural, protected river in California, MCOG's lack of expertise in water development, large investment of time and money with little possibility for success, MCOG's primary function is transportation, and application processing procedures by the State. M/S Mastin/Wattenburger to not participate in this Eel River Pump project through MCOG. The motion was carried by the following roll call vote: AYES: Mastin, Wattenburger, and Mayor Schneiter. NOES: Councilmember Malone and Shoemaker. UNFINISHED BUSINESS 10a. Adopt Resolution Approving Joint Powers Agreement for Mendocino Emergency Services Authority, Approve Budget, and Appointment of City Manager to Board of Commissioners The City Manager reported on the history of disaster coordination efforts and attempts to create joint emergency services for public agencies and the County of Mendocino. She explained the state has recently put in the standardized emergency management system which coordinates emergency response in California, and creates one agency for all cities in Counties, which will ensure standardization in training and equipment. She explained the attached agreement details staffing and participation levels with Ukiah's share of cost $11,617 per year. Council queried staff regarding current County Emergency Services staffing, budget, training, cost and benefits to Ukiah, management responsibility, insurance coverage, equipment and printing costs, and City funding source. M/S Wattenburger/Mastin to adopt Resolution No. 96-55 approving the Joint Powers Agreement establishing Mendocino Emergency Services Authority (MESA), approving the proposed budget and appointing the City Manager to Board of Commissioners. The motion was carried by the following roll call vote: AYES: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 10b. Nomination to Fill the One Vacancy on the Planning Commission, Reg. Mtg. April 17, 1996 Page 9 406 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - Aprll 17, 1996 Page 10 and Adoption of Resolution Making Appointment Councilmember Malone nominated Brian Carter with Councilmember Wattenburger making the second. The motion failed with the following roll call vote: AYES: Councilmembers Malone and Wattenburger. NOES: Councilmembers Mastin, Shoemaker and Mayor Schneiter. Councilmember Malone nominated John McCowen from the current applicant pool with Councilmember Mastin making the second. The motion was carried by the following roll call vote: AYES: Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: Councilmember Wattenburger. NEW BUSINESS 11a. Adopt Resolution Approving Budget Amendment and Loan for Ukiah Valley Conference Center The Ukiah Valley Conference Center Manager reported on the current financial operations of the Center and the details requiring a loan to cover unexpected costs of operations for this fiscal year. Discussion ensued regarding possible cost cutting ideas, service reduction areas, computer lab use, grant applications for a communications center, next year budget figures look favorable, and Chamber of Commerce operations. M/S Malone/Mastin to adopt Resolution No. 96-56 approving budget amendment and loan for Ukiah Valley Conference Center. The motion was carried by the following roll call vote: AYES: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 11b. Discussion of Proposed Land Purchase by MSWMA for Purpose of Countywide Transfer Station as per R. Shoemaker Councilmember Shoemaker explained that MSWMA has gone through the last process of certifying its EIR for the North State Street site for the transfer station, and indicated the next step is the purchase of that property. He reported on the negotiations for that property site and explained full approval is requested from the City Council to go forward with that purchase. He explained the funds to buy the property would come out of the current surcharge and the annual debt service would be $53,000. He noted they are looking at certificates of participation and bank financing. Mike Sweeney, MSWMA Manager explained this project is one of the more important things this Council will leave as a legacy to the citizens of the community. Discussion ensued regarding ownership, future contracted services renting the site, and funding and operations of the project. Councilmember Mastin asked whether the legal climate around the North State Street facility could hold up the project for any extended period of time. Mr. Sweeney stated there was an EIR done and there was very little comment done in the EIR process, noting no substantial challenges have been made to our review. There have been no demands that the governmental agencies did not meet, and the courts normally defer to the discretion of the governmental body. He explained the notice of determination is completed May 3, and should not cause delay. Councilmember Shoemaker indicated we have 13 months of leeway. Discussion followed relative to the clean, quiet nature of this type of facility. M/S Malone/Shoemaker to receive the report and send a letter of support to MSWMA to go forward regarding the property purchase. The Reg. Mtg. April 17, 1996 Page 10 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 17, 1996 Page 11 motion was carried by the following roll call vote: AYES: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. The City Attorney noted Items llc. and lld. will be addressed in public after consideration in CLosed Session. 19_. CITY COUNCIL/REPORTS Councilmember Mastin - Reported he attended a 20th anniversary block party last Saturday. Councilmember Malone - Reported on the NCRA meeting he attended, and noted Mendocino College is doing a musical of "Anything Goes", in which he will be doing a cameo role. Councilmember Wattenburger - Reported on the little league opening day last Saturday that he attended. Councilmember Shoemaker - Reported he attended the UVSD meeting that lasted three minutes. He invited everyone to a picnic May 5 at Todd Grove Park, in a celebration of the March 26 election, which starts as noon. Mayor Schneiter - Reported he received a letter from Richmond Sanitation Service, and requested it be agendized so Council can receive a report and discuss it, and also agendize the correspondence he received from Russian River Flood Control District. Council recessed to Redevelopment Agency at 10:36 p.m. Council reconvened and entered Closed Session at 11:05 p.m. 13. CLOSED SESSION - a. Government Code Section 54957 - PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Manager Council came out of Closed Session at 12:05 a.m. 11c. Adopt Resolution Authorizing Mayor to Execute Agreement for City Manager Services with Candace Horsley M/S Mastin/Wattenburger to approve the City Manager's contract as revised and adopt Resolution No. 96-57 authorizing the Mayor to execute employment agreement with Candace Horsley for City Manager services. The motion carried with a unanimous voice vote of all AYE. 11d. Review and Approval of Staff Restructuring Proposal Due to Vacancy at Assistant City Manager Position M/S Mastin/Wattenburger to approve the staff restructuring proposal as submitted. The motion was carried by the following roll call vote: AYES: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 14. ADJOURNMENT There being no further business the meeting was adjourned at 12:07 Karen Yoast, E~cutive Assistant 407 Reg. Mtg. April 17, 1996 Page 11