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HomeMy WebLinkAboutMin 02-01-95192 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - February 1, 1995 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:30 p.m. in the Council Chambers of the Civic Center, 300 Seminary Avenue, Ukiah, California. Roll Call was taken and the following Councilmembers were present: Mastin, Malone, Wattenburger and Vice-Mayor Shoemaker and Absent: Mayor Schneiter. Staff present: City Clerk McKay, City Attorney Rapport, City Manager Rough, Public Utility Director Barnes, Assistant Redevelopment Director DeKnoblough, Executive Assistant Yoast, Public Safety Director Keplinger, City Engineer/Public Works Director Kennedy, Assistant to the City Manager Harris, Planning Director Sawyer, and Finance Director Elton. 2. Invocation/Pledge of Allegiance Councilmember Wattenburger delivered the Invocation Councilmember Malone led the Pledge of Allegiance. and It was noted that Mr. Don Dolan had not yet arrived for his special presentation. APPROVAL/CORRECTION OF MINUTES 4a. Approval of Minutes from Regular Meeting of January 18, 1995 Councilmember Mastin requested the following corrections to Page 6, third and ninth paragraphs, change the maker of the second to the motions from "Mastin" to "Malone". It was the consensus of Council to approve these corrections to the minutes of the regular meeting of January 18, 1995. M/S Mastin/Wattenburger to approve the minutes of the regular meeting of January 18, 1995, as amended. The motion was carried by a unanimous voice vote of all AYE with Councilmember Wattenburger abstaining. RIGHT TO APPEAL DECISION Vice-Mayor Shoemaker reviewed Section 1094.6 of the California Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR Motion by Councilmember Malone to approve the Consent Calendar as submitted. Councilmember Mastin requested that Item 6a. Authorization to Open Solid Waste Disposal Site on July 4, 1995, Tuesday, or Any Other Holiday Which Would Allow Site to Be Closed Three Consecutive Days in a Row, be pulled from the Consent Calendar. The council concurred and moved this item to New Business 10e. Councilmember Wattenburger requested that Item 6c Approval of Contract Change Order for Airport Taxiway Hold Signs and Authorize Additional Appropriation for City Match Funds with FAA Grant Funds Spec. No. 3-06-0268-04 be pulled from the Consent Calendar. The Council concurred and this item of business became New Business 10f. M/S Mastin/Malone to approve the Consent Calendar as follows: 6b. Received and filed the disclosure by the City Attorney regarding dual representation and approve continued representation for City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger and Vice-Mayor Shoemaker. NOES: None. Absent: Mayor Schneiter. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Mr. Howard Henley, 1375 Laurel Avenue, noted he would like to make Reg. Mtg. February 1, 1995 Page 1 a correction to his comments in the January 18, 1995 Council minutes where he stated there was $3.6 million in reserves, not 6 million. He questioned whether these reserves are invested, but hopefully not like Orange County, how much interest do they earn, and whether the City has to operate under the Public Utility Commission regulations. He noted his electric bill is $119 per month, even though he has tried to save. He indicated he still protests this electric rate increase as this is alot of money for him to pay. The City Manager answered we do invest the money and the City does not operate under the auspices of the California Public Utilities Commission. No others came forward. SPECIAL ORDER OF BUSINESS 3a. Presentation of Commendation from Attorney General Dan Lungren to Don Dolan The Public Safety Director read and presented the certificate from the Attorney General to Mr. Dolan, who was instrumental in developing community discussions after the Polly Klans kidnapping and murder. He noted Mr. Dolan is commended for his many hours of service to collect thousands of petition signatures which were valuable in enacting tougher crime bills. Mr. Dolan expressed his appreciation and was grateful to everyone who assisted him in his endeavors. UNFINISHED BUSINESS 9a. Approval of "Air Quality Offset Fund,, Monies) (KMART Trust Fund The Planning Director reported after the adoption of the Negative Declaration and conditionally approved KMART Use permit on May 4, 1994, a citizen workshop was facilitated on July 7, 1994 to address the fund imposed by condition No. 32~.This condition required KMART to contribute $32,250 to a Air Quality Offset Fund" that would be used to "pursue measures maintaining appropriate air quality levels.', He explained the citizen group contained representatives from the Ukiah Valley Alternative Transportation task Force, Orr Creek/Wagonseller Neighborhood Group, Mendocino Environmental Center, North Coast Striders, Ukiah Wheelers and other interested citizens. He reported the initial meeting developed potential projects with two subsequent meetings to refine the list of projects and reach consensus for a recommendation for Council approval. He further reported on committee results and recommendations. He noted that City staff met with Mr. David Faulkner, Air Pollution Control Officer for the Mendocino County Air Quality Management District (MCAQMD) to discuss the two recommended projects and the relationship to maintaining and enhancing air quality. After considerable discussion, Mr. Faulkner indicated support for the recommended projects which is confirmed in Mr. Faulkner's letter dated January 23, 1995. Council queried staff regarding possible future funds, proposed general plan for traffic calming measures, and the narrowing of the intersection of Ford and Orr Streets. Adam Freeman, CFAR, stated he has problems with this proposal. This mitigation originally was his request and he feels it is going off track. He noted he is not against traffic calming or city staff but is concerned that this fund exists due to KMART negotiations to address mitigation for tons of ozone generation by increased traffic levels. He explained building bike lanes will reduce impact on air quality. He stated that CFAR was not included in these recommendations. He expressed his opinion that traffic flow mitigation is not mitigating air quality. He recommended Council develop a policy where developers must fund measures for improving air quality impacts and then spend $10,000 for a study which would identify best use of future air quality funds. 193 Reg. Mtg. February 1, 1995 Page 2 194 Donna Roberts, 781 Sidnie Court, one year ago citizens met with KMART and City staff to establish a commitment to develop recommendations for Council. She indicated these streets will become safer. She commended City staff for their excellent assistance with the focal point of air quality. She feels this proposal accomplishes that task and the Wagonseller group thanks the City for its support. Valerie Law, 2501 Twining Road, President of Ukiah Wheelers, met with Mr. Faulkner this past spring and summer to formulate a bike plan. She stated it will cost $15,000 to develop the bike plan, which she recommended, and then use the remainder of the funds to leverage matching grants. She requested an additional $15,000 to complete this bike plan, and then they can apply for grants. She encouraged the City to act promptly, noting that bike and pedestrians lower auto traffic, and thus for improving air quality. She noted we should encourage fewer autos and more bikes which will reduce traffic volumes. David Morrow, Mendocino County Air Quality District, noted the thought behind this mitigation fund was to address ozone concerns. He indicated we are at State standards now and if projected growth is 40% we will be required to implement strict air quality controls. He noted we should spend money now instead of incurring later costs. He asked Council to spend $15,000 now for developing a bike plan and avoid future pollution. A1 Bellon, 195 Calvert Court, member of North Coast Striders, stated that planning should be for pedestrians too, and to not lose sight of this as they need help also. Eric Larson, 123 Clara Avenue, commented that Ford and Orr Streets were proposed to be narrow as Orr Street is one of the most dangerous streets in Ukiah because turns are taken too fast. He noted that a wide lane provides a high rate of speed for an auto while a narrow street forces speed to be reduced. He explained these proposals are temporary until the Orchard Avenue bridge is constructed. He is currently building the forms for traffic calming placements in the streets. He noted that funds will be needed for bicycle plans and enhanced streets in future. Councilmember Mastin questioned staff if there is a provision for a city wide bike plan in the new proposed general plan. The Planning Director reported yes, this is a high priority in the draft plan with funding to be determined by Council. Vice-Mayor Shoemaker stated if Council wants to promote traffic calming we should take the funding out of the streets budget after we adopt the new general plan. Councilmember Malone commented we should not delay the bike plan, and wants both fully funded. Councilmember Wattenburger agreed and questioned where the funding would come from. The City Manager stated funding is proposed from unallocated gas tax funds, and noted the budget next year will be for a phased city wide approach to include many other programs. Councilmember Malone suggested improved traffic circulation will move traffic better to reduce stop and go driving. M/S Wattenburger/Malone to fully fund both projects with the addition of the knowledge that we will continue to look towards an air mitigation fund for future projects to help keep us below the air pollution levels. The City Manager requested the motion to include wording providing for a budget adjustment for the additional $15,000. M/S Wattenburger/Malone to amend the motion on the floor as stated with the additional wording to approve a budget adjustment of $15,250. The motion was carried by the following roll call vote: Reg. Mtg. February 1, 1995 Page 3 AYES: Councilmembers Mastin, Malone, and Wattenburger. NOES: Vice- Mayor Shoemaker. Absent: Mayor Schneiter. PUBLIC HEARING - 7:00 p.m. (CONTINUED TO MARCH 1, 1995) Sa. Consideration of Resolution Revising City of Ukiah Fire Department Ambulance Service Rates and Fees M/S Wattenburger/Malone to continue this public hearing to March 1, 1995. The motion was carried by a unanimous voice vote of all AYE. UNFINISHED BUSINESS (Cont.) ~bt. Approva~ of Proposed Revisions to Previously Introduced r~lnance Adding a Ne? Chapter 7 to Division.4 of the Ukiah City Cod~, Entitled. Electric Utility and a New Article I to Chapter 7, Entitled: Electric Utility Customer Service Policies The Finance Director reviewed the reasons for staff recommendations for additional proposed language changes in the previously introduced Ordinance. M/S Malone/Wattenburger to approve the revisions to previously introduced Ordinance adding a New Chapter 7 to Division 4 of the Ukiah City Code, Entitled: Electric Utility and a New Article 1 to Chapter 7 Entitled: Electric Utility Customer Service Policies The Finance Director noted he just discovered a need for the addition of the word "any" to Section 4014 after the word "at" on the second line. The maker of the motion, Councilmember Malone, and the maker of the second to the motion, Councilmember Wattenburger, approved the requested additional word. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger and Vice-Mayor Shoemaker. NOES: None. Absent: Mayor Schneiter. 9c. Discussion of Proposed Demolition Permit Process The Senior Planner reported discussion is requested with Council direction to staff regarding streamlining with adequate review process of the Demolition Review Committee process. He presented three alternatives to Council for their review and recommendations. Council queried staff regarding possible appeal process, historical determination, criteria for last building with architectural significance, and mandatory restoration. The Planning Director reported these are draft alternatives compiled from other agencies, and noted more legal work is needed after Council discussion and direction. Councilmember Shoemaker stated there is no ability to condition a demolition permit in these provisions, of which he would like to see us able to impose conditions if necessary. The City Attorney advised Council regarding CEQA regulations and mitigation for projects. Councilmember Malone commented he would not like to see a separate historical archeological review board to review projects, because the Planning Commission includes skilled people able to make educated decisions without having to be an expert. He commented this review should be under the Planning Commission. There exists enough historical interest information and interest for them to make good decisions. The Senior Planner explained the draft general plan suggests a historical architectural review board be formed. Councilmembers Shoemaker and Mastin indicated they prefer a HRA Board for expertise beyond city staff planning commission and City Council. ' , 195 Reg. Mtg. February 1, 1995 Page 4 196 Councilmember Malone questioned whoever has those historical skills may be limited to a few who do not have private property land use public hearing experience. The Planning Director noted this board would only be advisory related to this subject, not land use planning. Councilmember Shoemaker noted he is not comfortable with a permit automatically issued after 60 days. He indicated he wants to see what other cities are doing. Councilmember Wattenburger favors alternative No. 1 for a group of experts. It was the consensus of Council for staff to develop alternative No 1 with more information as to Council's expressed concerns. 9d. Discussion Concerning City of Willits Request Indemnification for Ukiah Landfill for The City Manager reported on the request from the City of Willits to prepare a draft indemnification agreement based on the City of Ukiah's proposal which was submitted before the holidays. He reported the City has offered a proposal to other County agencies to accept their solid waste into the Ukiah landfill at a rate of $64 per ton. He explained the City of Willits is considering four different proposals for their future solid waste. He reviewed other City actions and concerns. He noted the City of Willits in order to respond, require an actual agreement for consideration. He reviewed the Mendocino Solid Waste Management Authority meeting held today in Willits. Ft. Bragg was not represented. Councilmember Wattenburger explained he previously stated his concerns at the last meeting, and does not want to waste time. Vice-Mayor Shoemaker explained approval is needed by Council to move forward. It was the consensus of Council to move forward and for the City Attorney to prepare a draft indemnification agreement. Recess - 7:55 p.m. Reconvened - 8: 00 p.m. NEW BUSINESS 10a. Receive Resignation Letter From Planning Commissioner Richard Howland, Authorize the City Clerk to Advertise Vacancy, and Review Application Questionnaire Council discussion ensued regarding past lack of response for vacancies, interviews in afternoon of March 15 with appointment at the regular meeting, and then only two possible general plan review meetings to attend by new members. M/S Wattenburger/Malone to authorize the City Clerk to advertise the vacancy with paid advertisement, and accept the resignation letter received from Planning Commissioner Richard Howland. The motion was carried by a unanimous voice vote of all AYE. Vice-Mayor Shoemaker requested a letter of appreciation be sent to Mr. Howland. 10b. Consideration and Adoption of Resolution Amending Resolution No. 90-34 Authorizing the Prohibition of Skateboard Use on Public Property at Various Locations Throughout the City of Ukiah Background material received from audience participants was distributed to Council. Assistant Redevelopment Director reviewed the past history of the issue of skateboarding, explained receiving formal complaints from Savings Bank for relief from damage by skateboards. He noted damage to awnings, walls, streetscape damage, is increasing in the downtown area due to skateboarding. He explained the City has embraced idea of skateboarding in a specific location, which has Reg. Mtg. February 1, 1995 Page 5 not been determined at this time due to insurance liability. He reported the new Police Activity League program can obtain this insurance, and has committed to research this matter to look into a skateboard park. He noted a community workshop will be held to discuss this with PAL with cooperation from the skateboard community with the parents to assist develop and maintain it. He reviewed current code provisions and proposed restricted areas. Council queried staff regarding insurance, skateboarding illegal in streets, penalties for infractions, fines versus community service and court discretion. ' Councilmember Mastin acknowledged receiving information from the City of Santa Rosa regarding their skateboard park notes there is no insurance, do they use waiver of liability forms? Ronnie Comptos, 161 Orchard Plaza, owner of a skateboard business, did not dispute this matter as it appears it will pass, but objects to the possibility that the whole town will ban skateboards. The issue is kids need a place to go. These kids want a park badly and are willing to do anything it takes to get a skateboard park. He questioned the total amount of damages caused by skateboards. He noted amount City spends for a park will be less that current repair costs. Brandon Virgin, 100 Smith Street, referred to the information he distributed from the City of Santa Rosa , page 5 says it was posted and page 9 contained the Santa Rosa City Attorney analysis. The Council and City Attorney reviewed this information. The Assistant Redevelopment Director reported a dollar amount is not known as to the damage of private property. He reiterated that staff does not dispute a facility is a better answer for skateboarders and city staff would like to see a skateboard park. The City Attorney noted the information from Santa Rosa recommends possible reduction of exposure of liability, and does not say there is no liability by City. It was the consensus of the Council and Mr. Comptos that further discussion is needed to work towards a skateboard park. The Assistant Redevelopment Director reported a workshop has been established with PAL to discuss a skateboard park and issues on February 23, 1995 at 6 p.m. Thursday here in the Civic Center Council Chambers. He advised members of the public are encouraged to come. Richard Hansen, President of the Downtown Merchants Association, Owner of Palace dress shop, and Main Street Boardmember, noted he is speaking for the downtown agency that we are not anti-youth or anti-skateboarders. The issue is damage to private property and liability to customers with near collisions; and they request a resolution to solve this problem. Although a skateboard park is needed, downtown needs immediate relief from property damage. Councilmember Wattenburger questioned if their associations are willing to assist funding for a future park, if the Council will adopt this tonight. Mr. Hansen stated he is sure they would be willing to address ways both organizations could fundraise and assist in developing a facility. Vice-Mayor Shoemaker stated this was an issue in 1988 and he was on the committee to develop a park and the skateboard group lost interest. Paul Schimmin, author of the letter from Savings Bank, expressed concerns regarding health and safety of employees and customers, complaints and lost business, merchants concerned about glass damage and injury, new bench damage which then had to be removed. Motion by Councilmember Mastin to continue this matter to the 197 Reg. Mtg. February 1, 1995 Page 6 198 Council meeting of March 1, to receive the results of the February 23 workshop. The motion died for lack of a second. Councilmember Malone stated a new facility is an important but separate from this issue. He noted that skateboards are a form of alternative transportation. Council queried staff regarding PAL commitments and illegal use on public streets. ' Motion by Councilmember Malone to amend the draft resolution deleting restriction on public streets. Councilmember Wattenburger seconded the motion for discussion. What is your reason for this exclusion? Councilmember Malone answered to encourage alternative forms of transportation and provide opportunity for everyone to get around. Councilmember Wattenburger stated our Public Safety Director has stated it is against State law for streets to be used by pedestrians, including skateboarders, joggers and rollerskaters. There was no action taken on the motion on the floor. M/S Wattenburger/Shoemaker to adopt Resolution No. 95-38, amending Resolution No. 90-34 enacted pursuant to Ukiah City Code Section 6180 authorizing the prohibition of skateboard use on public property at various locations throughout the City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger and Vice-Mayor Shoemaker. NOES: Councilmember Mastin. Absent: Mayor Schneiter. Councilmember Wattenburger stated he hopes this will act as a catalyst to move towards getting a skateboard park and the city will help to facilitate this effort. Recess-8:50 p.m. Reconvened-8:59 p.m. 10c. Presentation and Review of Fiscal Year 1993-94 Financial Audit Steven Herr, Davis Hammond Company, reported on the auditor's opinion of the city's financial procedures is basically thumbs up except the usual Assets Inventory as mentioned in previous years. He explained the additional financial changes were due to landfill accrual adjustment of 2.9 million, compliance to federal laws, financial assistance plus internal controls. He explained their finding fixed assets records, cash disbursements procedures and budget disbursements, of which the city is addressing and in process of clean up. He mentioned the accounting procedures for the accrual of landfill closure and post closure funds and the Ukiah Valley Conference Center, the purchase of the back eight holes of the golf course, Redevelopment Agency 6 to 25 years payback, and the City Wastewater treatment plant upgrade. He explained their opinion for the Redevelopment Agency is noted in this one report also. Discussion ensued regarding the fixed asset inventory process and procedures after conducted by a vendor. It was the consensus of Council to receive and file this report. 10d. Introduction of Ordinance Adding Section 2053 to Division 1, Chapter 13 of the Ukiah City Code, Providing for the Recovery of Response Costs from Intoxicated Drivers The City Attorney reported the Ukiah Police Department has an ongoing effort to recover costs associated with intoxicated persons. He explained the city has been using collection agencies to collect. He advised that recovery of costs is allowed as per State law. Council discussed procedures with the City Attorney. Reg. Mtg. February 1, 1995 Page 7 M/S Mastin/Wattenburger to read the title only of the proposed Ordinance. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger and Vice-Mayor Shoemaker. NOES: None. Absent: Mayor Schneiter. The City Clerk read the title of the proposed Ordinance. M/S Mastin/Wattenburger to introduce the Ordinance adding section 2053 to Division 1, Chapter 13 of the Ukiah City Code providing for the recovery of response costs from intoxicated drivers. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger and Vice-Mayor Shoemaker. NOES: None Absent: Mayor Schneiter. · 10e Authorization to Open Solid Waste Disposal Site on July 4, 1995, Tuesday, or Any Other Holiday Which Would Allow Site to Be Closed Three Consecutive Days in a Row Councilmember Mastin questioned moving a holiday instead of being open on Monday. The City Engineer/Public Works Director answered that the landfill is closed Sunday and Monday and the garbage haulers pickup on Monday. He explained they need to be allowed to dump Monday's trash on Tuesdays so they can do Tuesday's pickups. He noted an alternative where the landfill could be open for a 5 hour period on Monday, then closed on Tuesday, although the hauler may have bigger Tuesday collections. Councilmember Mastin since this request is from the hauler are they are willing to pay extra staff costs for us to do this only once this year. Maybe we need to work out a different schedule with hauler. M/S Mastin/Malone to continue this matter of business to February 15 for further information. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger and Vice-Mayor Shoemaker. NOES: None. Absent: Mayor Schneiter. 10f. Approval of Contract Change Order for Airport Taxiway Hold Signs and Authorize Additional Appropriation for City Match Funds with FAA Grant Funds Spec. No. 3-06-0268-04 Councilmember Wattenburger questioned if we have signed off on this project. The City Engineer/Public Works Director answered no because of this taxiway lighting. Councilmember Wattenburger noted the taxiway lights were off when he drove by last week. M/S Wattenburger/Malone to authorize staff to request additional FAA grant funding to fund the change order and authorize an additional expenditure of $2,037 from the special aviation fund 0310 or an additional expenditure of $4,651 should the additional FAA funds not be granted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger and Vice-Mayor Shoemaker. NOES: None. Absent: Mayor Schneiter. 11. CITY COUNCIL/REPORTS Councilmember Mastin reported he attended the Ukiah Community Center second fashion show fundraiser and reported on the Mendocino Economic Development Corporation meeting he attended. Councilmember Malone noted he attended Jim Eddies retirement dinner at the Ukiah Conference Center. Vice-Mayor Shoemaker as acting Mayor he went to the Mayors and Managers meeting to discuss a Joint Powers Agency for a County wide Emergency Operation Center He noted the League of California Cities Redwood Empire Division will be hosted by Ukiah in April at the Ukiah Valley Conference Center; he noted he attended the Ukiah Firefighters Association dinner, and requested that our next rate 199 Reg. Mtg. February 1, 1995 Page 8 20O increase be noticed in our utility billings. Councilmember Wattenburger reported on his emergency disaster activities as Public Information Officer in Guerneville these past two weeks. He asked that the road be fixed on Clara Avenue on the railroad crossing, and noted he has seen the new radar sign and it does work for slowing traffic. 12. CITY MANAGER/DEPARTMENT HEAD REPORTS The City Manager noted possible upcoming dates for the league dinner are 4/8 or 4/22. Councilmember Mastin noted he will be absent April 8. 13. CLOSED SESSION - None 14. ADJOURNMENT There being no further business, the me,ting was adjourned at 9:41 CCMIN.187 ! /~Jf/,O/ / Cath~M&~a/ CMC/~(AE,i~City~.,/ Clerk Reg. Mtg. February 1, 1995 Page 9