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HomeMy WebLinkAboutMin 12-04-02MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, DECEMBER 4, 2002 The Ukiah City Council met at a Regular Meeting on December 4, 2002, the notice for which had been legally noticed and posted, at 6:50 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Larson, Smith, Baldwin, and Mayor Ashiku. Absent: Councilmember Libby. Staff present: Customer Service Supervisor Archibald, Public Utilities Director Barnes, Finance Director Elton, Assistant City Manager Fierro, Risk Manager/Budget Officer Harris, Associate Planner Lohse, City Attorney Rapport, Deputy Public Works Director Seanor, Public Works Director Steele, Planning Director Stump, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Mayor Ashiku led the Pledge of Allegiance. 3. APPROVAL OF MINUTES 3a. Regular Meeting of November 20, 2002 M/S Larson/Baldwin approving the Regular Meeting Minutes of November 20, 2002, as presented, carried by the following roll call vote: AYES: Councilmembers Larson, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: Councilmember Smith. ABSENT: Councilmember Libby. 4. SPECIAL BUSINESS 4a. Adoption of Resolution Declaring Results of Municipal Election of November 5, 2002 and Swearing in Ceremony for Mayor Eric Larson and Council Members Philip Baldwin and Paul Andersen M/S Larson/Smith adopting Resolution 2003-15, reciting the fact of the General Municipal Election held on November 5, 2002, declaring the result and such other matters as provided by law; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Councilmember Libby. City Clerk Ulvila administered the Oath of Office to Mayor elect Eric Larson, and Councilmembers elect Philip Baldwin and Paul Andersen. Each affirmed their oath of office. 5. RIGHT TO APPEAL Mayor Larson read the appeal process. 6. CONSENT CALENDAR Councilmember Andersen requested item 6c be pulled because a Public Hearing is scheduled concerning the demolition of the structure and further discussion may be needed. City Clerk Ulvila advised that there is a typographical error on Agenda item 8a. Assessor Parcel Numbers should be 003-040-74, 75, and 76. Regular City Council Meeting November 20, 2002 Page 1 of 9 The Mayor Larson advised, and it was the consensus of Council, that the item would be heard as item 8c. M/S Smith/Andersen approving items a and b, and d through h of the Consent Calendar as follows: a. Adopted Ordinance No. 1041 Prezoning APN 184-100-05 and APN 003-330-66 to the P-F (Public Facilities) Zoning Classification; b. Rejected Claims for Damages Received From Ralph Collett, Corine Mitchell, and Leondardo Alvarez and Referred to joint Powers Authority, Redwood Empire Municipal Insurance Fund; d. Awarded Bid for Liquid Polymer to Polydyne, Inc. for the Sum of $16,500 in the Amount of $16,500; e. Received Report of the Acquisition of Services from Tim Narvaez for Rip Rap Installation in the Amount of $7,090.23; f. Approved Budget Amendment in the Amount of $20,000 for Payment of Waste Discharge Requirement Fee; g. Adopted Resolution No. 2003-16 Approving and Authorizing the Execution of Program Supplement No. 869 to Administering Agency- State Agreement for State Funded Project No. 000049-2002 STIP Construction of Sidewalk Along North State Street; h. Received Notification to City Council Regarding Purchase of Aquaritrol III Process Controller from U.S. Filter for the Sum of $5,362.50. Motion carried by the following roll call vote: AYES: Councilmembers Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Matt Wilson, Helen Avenue, Ukiah, addressed Council concerning the delay in getting a skate park in the City and requested Council include the matter on their next agenda. Justin Capri, Ukiah, listed several potential skate park sites that had been considered over the years and how skateboarding is viewed in a negative manner rather than a fun sport. Sheridan Malone, 422 Jones Street, and former Mayor of the City, welcomed the newly elected Council and explained that there is a need for the County and State to be reminded of issues that are happening in Northern California and in our City. Good planning is essential. Mayor Larson advised that there has been a request from the public to hear item 9a before the public hearings. It was the consensus of Council to approve the request. 9a. Discussion and Possible Action Regarding Filling a Vacancy on the City Council City Manager Horsley Reviewed the options available to the City Council regarding the process for filling the vacant Council seat, as outlined in her Staff Report. The appointment must be made within 30 days. Regular City Council Meeting November 20, 2002 Page 2 of 9 Mayor Larson recommended that Council consider all of the candidates who participated in the recent election and that Council vote on each candidate, in the order in which they finished in the election. After some discussion, it was the consensus of Council to consider the candidates in the recent election in a formal nomination process. M/S Larson/Smith nominating Mary Lindley to fill the unexpired City Council term of office. Councilmember Baldwin advised that he would not support the nomination and discussed ticket splitting and how it sends mixed messages. It was his opinion that the voters did not split their tickets in the November election and felt the direction of the voters was favorable toward progressive land use planning and preservation of the western hills. He went on to discuss comments made by candidate Mary Lindley during the campaign. Councilmember Andersen advised that he would support Ms. Lindley's nomination although he does not agree with her on many things and he did not appreciate being attacked negatively during the campaign. However, he made a commitment and it was his belief that the democratic thing to do is to appoint the third highest vote getter. Councilmember Smith advised that the Council is suppose to be nonpartisan and should try to develop some diversity among each opinion of the Councilmembers. He supported the nomination. Mayor Larson advised that it was not his intention to open this part of the nomination process to the public. If a candidate does not win the nomination at this meeting, he is a proponent of public input. Motion failed by the following roll call vote: AYES: Councilmembers Andersen and Smith. NOES: Councilmember Baldwin and Mayor Larson. ABSTAIN: None. ABSENT: None. Councilmember Baldwin passed on nominating. Councilmember Smith passed on nominating. M/S Andersen/Larson nominating Kathy Libby to fill the unexpired City Council term of office, failed by the following roll call vote: AYES: None. NOES: Councilmembers Andersen, Smith, Baldwin, and Mayor Larson. ABSTAIN: None. ABSENT: None. M/S Larson/Smith nominating Ana Araiza to fill the unexpired City Council term of office. Regular City Council Meeting November 20, 2002 Page 3 of 9 Councilmember Andersen explained that he would support the nomination because he felt that Ms. Araiza ran a good campaign, is representative of a growing portion of the population, and has some perspectives that would be helpful to the Council. Motion failed by the following roll call vote: AYES: Councilmember Andersen. NOES: Councilmembers Smith, Baldwin, and Mayor Larson. ABSTAIN: None. ABSENT: None. M/S Baldwin/Larson nominating Jackie Fitch to fill the unexpired City Council term of office, motion failed by the following roll call vote: AYES: None. NOES: Councilmembers Andersen, Smith, Baldwin, and Mayor Larson. ABSTAIN: None. ABSENT: None. M/S Baldwin/Smith opening the Council vacancy appointment process to applications from the Ukiah public, and that at Council's next meeting, applicants be allotted 10 minutes each in which to address the Council, if the applicant wishes they have the option of responding to Council questions, and after that process Council would select one applicant to fill the vacant Council seat. Discussion followed and it was the unanimous consensus of Council that the deadline for receiving applications will be 10:00 a.m. on Friday, December 13, 2002. There was also discussion regarding whether to have the applicant answer questions on the application. Councilmember Baldwin explained that under this motion, candidates would be offered time in which to address Council and answer questions from Council. Candidates may submit a resume. City Manager Horsley advised that staff would provide an application to applicants, soliciting a minimum of information, such as name and address so that staff can verify they are a resident and registered voter in the City Limits. M/S Baldwin/Smith accepting the amendments to the motion as discussed. It was the consensus of Council that Mayor Larson and Councilmember Andersen should work with the City Manager and City Clerk regarding the details of the appointment process. Motion carried, with amendment, by the following roll call vote: AYES: Councilmember Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None Si PUBLIC HEARING Adoption of Resolution Amending the General Plan Land Use Classification for Portions of Assessor Parcel Numbers 003-040-74, 75, and 76 from C (Commercial) to HDR (High Density Residential) and Introduction of Ordinance Rezoning Portions of These Properties from C-1 (Community Commercial) and C-2 (Heavy Commercial) to R-3 (High Density Residential) Regular City Council Meeting November 20, 2002 Page 4 of 9 Planning Director Stump advised that the mater concerns the DANCO Summer Creek Village apartment complex project that was previously approved by the Planning Commission. There is a need to slightly amend the General Plan land use designation and zoning classification for the strip of land that will become the access street off of Gobbi Street to serve this project. Associate Planner Lohse advised that approval would allow the DANCO apartment complex to construct their roadway from the north side of the property to the Gobbi Street frontage. This particular piece of property was not included as part of the regular project since the applicants were originally planning on using Porzio Lane. Prior to this application, staff processed a Boundary Line Adjustment to approve this strip of land as a connection to the bulk of the DANCO project which is located to the south of the project site. The land use classification and zoning designations are consistent with each other as required by the General Plan. Councilmember Andersen questioned staff regarding what the property would be used for besides the road and if the rezoning to HDR would be compatible with the commercial development on the property. Associate Planner Lohse explained that the road is for access only and the remaining property would remain in the current zoning. The road may be dedicated as a public street and therefore no land use or zoning designation would be needed. Councilmember Andersen expressed his concern for the increased congestion on Gobbi Street, especially in the area of Main and State Streets. Planning Director Stump advised that staff thinks that the siting of the access road would alleviate some of the traffic concerns on Gobbi Street. He noted that a citywide traffic study is forthcoming and it should reveal how the City should address that problem. In response to an inquiry by Councilmember Smith with regard to relocating the house, Associate Planner Lohse responded that the house would be relocated before construction of the roadway begins. Large mature trees currently on site would be preserved. The applicants propose to construct 64 units. Public Hearing Opened: 7:43 p.m. Jim Mulheren, Ukiah, was of the opinion that the public should have been allowed to speak on the appointment to the City Council vacancy. Darca Nicholson, 798 South Spring Street, voiced her concern that the trees would be protected. Associate Planner Lohse explained that the road has been relocated to go around the tree. That portion of the road extends outside the drip line of the trees and there should be no construction within the drip line of the trees. Regular City Council Meeting November 20, 2002 Page 5 of 9 Public Hearing Closed: 7:45 p.m. M/S Baldwin/Smith adopting the Negative Declaration, with Findings 1 through 4, carried by the following roll call vote: AYES: Councilmembers Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. M/S Smith/Baldwin adopting Resolution amending the General Plan to change the land use designation for the affected lands from C to HDR. Councilmember Baldwin seconded Councilmember Andersen's remarks concerning the need for housing but our streets are at capacity. Although the project may elicit complaints regarding traffic congestion, there is a need for the housing and Council and staff will continue to work on solutions to traffic congestion in the City. M/S Smith/Baldwin introducing Ordinance by Title Only, and carried by the following roll call vote: AYES: Councilmembers Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. City Clerk Ulvila read the title of the Ordinance "Ordinance of the City Council of the City of Ukiah amending the official Zoning Map for the City of Ukiah, California." M/S Smith/Baldwin introducing the Ordinance, carried by the following roll call vote: AYES: Councilmembers Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 8. PUBLIC HEARING 8b. Approval of Application to Demolish a Structure Over 50-Years Old Located at 410 Talmage Road, Ukiah Planning Director Stump advised that application is for a Demolition Permit for a structure over 50 years and per the Municipal Code requires that the Demolition Review Committee review the application and make a recommendation to Council. The Demolition Review Committee met on November 21 and found that none of the structure has architectural or historical significance and recommended that Council approve the Demolition Permit. Mayor Larson explained that the structure is located on property at 410 Talmage Road, at the corner of Waugh Lane. There was some discussion as to why the City purchased the property and the intention of the structure. Public Hearing Opened: 7:51 p.m. Chuck Williams, 3 Betty Street, inquired if the oil sump would be removed that is located in the back yard of the property. Public Hearing Closed: 7:52 p.m. Regular City Council Meeting November 20, 2002 Page 6 of 9 M/S Smith/Baldwin approving Demolition Permit for the structure located at 410 Talmage Road based on the finding that the structure does not have historical or architectural significance, carried by the following roll call vote: AYES: Councilmembers Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 8c. Awarded Construction Contract to Mendocino Construction Services, Inc. in the Amount of $8,436 for Structure Demolition at 410 Waugh Lane, Ukiah, Specification No. 02-29 (410 Talmage Road) (Item formerly 6c on Consent Calendar) It was the consensus of Council to waive reading of the Staff Report. Councilmember Andersen inquired as to why there is such a wide range in the bids. Public Works Director/City Engineer Steele explained that the bid is for a small contract and there may be a higher level of perceived risk, prevailing wages, travel if the company is located out of town, and paying for lodging for the employees. She did not find the bids alarming. M/S Smith/Baldwin awarding a construction contract to Mendocino Construction Services Inc. in the amount of $8,436 for structure demolition at 410 Talmage Road, Ukiah, Specification No. 02-29; compensation for the performance of the work will be based on a lump sum price bid; and authorize the City Manager to execute the construction contract on behalf of the City; carried by the following roll call vote: AYES: Councilmembers Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 9. NEW BUSINESS 9. NEW BUSINESS 9b. Selection and Appointment of Vice-Mayor City Attorney Rapport responded to questioning from Mayor Larson regarding the tenure of the Vice-Mayor position, by stating that the Vice-Mayor serves until a successor is appointed. M/S Andersen/Smith electing Councilmember Baldwin as Vice-Mayor; carried by the following roll call vote: AYES: Councilmembers Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 10. COUNCIL REPORTS Councilmember Andersen reported he went to Italy on vacation and felt Ukiah could learn a lot about how cities are designed from the Europeans. He hoped that pedestrian and bicyclists would be considered more in the City's design in future years. Mayor Larson reported attending last night's water forum in the Council Chambers and they learned a lot about the Chinook salmon, the decisions regarding water releases from Lake Mendocino, Lake Pillsbury, and Lake Sonoma, how they are determined. They also discussed some of the problems that occurred this summer. It was clear that Regular City Council Meeting November 20, 2002 Page 7 of 9 the regulations were not addressing this year's reality with a water shortage in Lake Mendocino, the complexity of it, and the need for some revisions, He attended a MCOG meeting and has been trying to keep current on the situation with public education in government/access TV. He explained that he will be evaluating and making committee assignments some time in January and after a full Council is selected. There are some committees that are currently not being represented and in the interim and Councilmember Andersen may be called upon to attend some meetings. 11. CITY MANGER/CITY CLERK REPORTS City Manager Horsley distributed a new brochure for the City's conservation program and noted that it is targeting Iow-income families and some of the families that are coming out of the back to work program. Customer Service Supervisor Archibald will be speaking to them through the work plan to assist them in receiving incentives for different appliances. She reported that the City had its permit request for the change in place of use for its intertie agreements distributed a week ago. Unfortunately the State Engineer decided to change the language on the City of Ukiah's permit request. The City Manager requested a letter from the Engineer stating that he changed it of his own accord. She has contacted the Flood Control District and will be contacting the other two Water Districts that were involved because to them it may look like the City is not including them. She reported that at the meeting this week of the Flood Control District, they decided to send a letter to Redwood Valley Water District telling them there was no longer any water for them. Redwood Valley Water District is aware of this letter and their answer to the letter is that they would sue. City Attorney Rapport further explained that the State, in putting out the announcement of the City's application to change its place of use, changed what the City is asking for in the public notice it gave. This was done not at the request of the City and their motivation is unclear. City Clerk Ulvila reported that the bill for the November 2002 Municipal Election has received in the amount of $6,245.20. This is $4,354 under what was budgeted. She reported that previously, Council approved destruction of City records and that Mayacama crews have been shredding those documents and have been doing a wonderful job. The City may also save money on that project as well. City Manager Horsley announced that there is no need for Closed Session. 13. CLOSED SESSION a. Conference with Legal Counsel, Anticipated Litigation, Initiation of Litigation Pursuant to G.C. §54956.9 (c) - 1 Case Regular City Council Meeting November 20, 2002 Page 8 of 9 14. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 8:00 p.m. Marie Ulvila, City Clerk Regular City Council Meeting November 20, 2002 Page 9 of 9