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HomeMy WebLinkAboutMin 04-06-9453 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 6, 1994 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:31 p.m., in the Council Chamber of the Civic Center, 300 Seminary Avenue. Roll was taken and the following Councilmembers were present: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. Staff present: City Clerk McKay, City Manager Rough, Assistant City Manager Horsley, Golf/Park Superintendent Reid, Sports Coordinator Reid, City Engineer/Public Works Director Kennedy, Community Services Director Harris, Public Utilities Director Barnes, Redevelopment/Economic Coordinator DeKnoblough, and Public Safety Director Keplinger. 2. Invocation/Pledqe of Alleqiance Councilmember Mastin read a passage from Henry David Thoreau for the Invocation, and Mayor Schneiter led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES 3a. M/S Malone/Mastin to approve the minutes of the Special Meeting of March 11, 1994, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 3b. M/S Malone/Shoemaker to approve the minutes of the regular adjourned meeting of March 16, 1994, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 3c. M/S Malone/Mastin to approve the minutes of the regular meeting of March 16, 1994, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 4. Riqht to Appeal Decision Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR M/S Mastin/Malone to approve the Consent Calendar as follows; 5a. Awarded the bid for 55 foot of wood poles to McFarland Cascade, in the amount of $13,920, including tax and freight. 5b. Adopted Resolution No. 94-41, waiving the 60-day noticing requirement for County of Mendocino to lease Suites 102 and 102A located at 776 South State Street. 5c. Ratified the $5,000 loan for the Country Pumpkinfest to be held October 29-30, 1994. 5d. Authorized the City Manager to submit letter to Community Development Commission stating the City supports Section 8 and Public Housing Applications and that they are consistent with the City's General Plan. Councilmember Shoemaker commented he participated in last year's pumpkin festival as a judge and expects this year's event to be very successful. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 54 6. Audience Comments on Non-Aqenda Items No one came forward. NEW BUSINESS Sa. Approval of Resolution Authorizinq the City Manaqer to Execute and Submit Loan Application in the amount of $7.760,000 for Advanced Wastewater Treatment Project to State Water Resources Control Board The Public Utilities Director reported the State Water Resources Control Board (SWRCB) has indicated they will accept our loan application to fund work required for the Advanced Wastewater treatment project. He noted a recent policy change will allow the SWRCB to make funds become available prior to approval, based on the engineering estimate by Kennedy/Jenks Engineering of $7,760,000. He explained this Resolution authorizes the request for the loan. Discussion ensued regarding set aside funds for change orders, cash reserve amounts, early receipt of funds effect on fee increases, and reimbursement of funds already spent. Ted Goforth, Project Coordinator, noted an error to be corrected on the Loan Application page 2 of 4, Item A.6., should read "$54,000" instead of "54". M/S Malone/Mastin to adopt Resolution No. 94-43, Authorizing the City Manager to execute and submit loan application in the amount of $7,760,000 for advanced Wastewater treatment project to State Water Resources Control Board. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. Bb. Authorize Staff to Advertise for Bids for Constructior of the Advanced Wastewater Treatment Project at the Ukiah Wastewater Treatment Facility The Public Utilities Director reported as an effort to keep the proposed project on schedule, Council authorization is requested for staff to advertise for bids upon receipt of the State Water Resource Control Board's approval, which should be within the next few weeks. He noted the review and finalization of the bid documents have been completed by Kennedy/Jenks Engineering and City staff. He explained the bids will not go out if the State will not approve the loan. Councilmember Shoemaker stated he is uncomfortable with possible addendums and noted past history of litigations due to addendums. The Public Utilities Director explained Kennedy/Jenks preparation of the bid will have questionable items listed separately for bidding. He explained time is of the essence with the construction season approaching, we have limited timeframes with an expected starting date of June 15th. Discussion ensued regarding how Kennedy/Jenks Engineering is responsible for design and specifications conforming to State regulations. M/S Malone/Mastin to authorize staff to advertise for construction of the Advanced Wastewater Treatment Project. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. Mayor Schneiter noted as it is not yet 7:00 p.m. which the Public Hearing is scheduled for, the next item of business will be addressed. Reg. Mtg. April 6, 1994 Page 2 ~EW BUSINESS 9a. Consideration of Installation of Girls Softball Field Imr~ents at Giorno Field ----- -------- Community Services Director Horsley reported on the proposal to construct a temporary girls softball field next to Anton stadium on Giorno field, for 3rd through 8th grade girls City Softball League. She referred to the attached petition in favor of the field with over 100 signatures. The Sports Coordinator reported on the proposed schedule for games and practices, other City facilities evaluations for potential sites, parking spaces and traffic volumes, details and specifications regarding the proposed facility at Giorno field. The Golf/Parks Superintendent reported on the costs for this facility, explained fundraising and donations will cover the costs with no outlay of City funds necessary, and discussed a diagram he distributed to Council concerning the location and specifications of the softball field. Discussion ensued regarding projected traffic volumes, parking capacity at Anton with Little League games and practices, other sites detail and constraints, time of evening games and locations, schedules to avoid traffic congestion, and impacts on all City facilities due to Men and Women's softball, Pop Warner, Little League, T-Ball, recreational and traveling soccer leagues in addition to year round soccer teams. Councilmember Shoemaker expressed his concern for the low western sun in the eyes of the players at Giorno. The Sports Coordinator noted this is a common problem on school fields, too. Mayor Schneiter discussed with staff the details of the City softball program, other fields in Anderson Valley and Hopland, enforcement of non-authorized use of Giorno, and he expressed concern for a sewer manhole he discovered in the grass at Giorno field that could cause injury. The Golf/Parks Superintendent replied staff will research and abate this problem. Discussion ensued regarding resodding procedures and costs after the softball season. Shelly Corns, Vice President of the Womens Softball Athletic Association, expressed her support for the proposed field at Giorno, as there are only two fields for softball women in which they compete for, and this new field will take some pressure off of them and will provide the girls a home field. She stated she will help do anything to fix or repair this field and assist with the City program. Melvin Caywood, Coach, expressed his appreciation to the City staff for a solution to this ongoing problem of not enough softball fields for practice and playing games. Glen Steliga, Coach for past two years, explained past problems for fields for the girls to play and practice on, and noted he has never seen any vandalism or excessive noise at Frank Zeek or at the High School as this is a family program. ' Bob Mirata, 670 Tokay, stated he is on the Growth Management Steering Committee in which the recreation element surveyed existing recreational facilities, they discovered there was an inadequate amount for children,s sports. He explained this finding is noted in the records of the general plan update project. 55 Reg. Mtg. April 6, 1994 Page 3 Judy Pruden, 304 South Hortense, member of the Growth Management Steering committee, stated there was an unanimous vote which states a finding that there exists current and future need for recreational programs. She outlined the 41 month general plan update project, and the need to maximize existing public facilities and then construct new and additional recreational facilities. She encouraged changing Giorno Park's current passive use. Sally Tollini, Coach, stated she has never seen a girl hit a limited flight softball past center field, and the girls need a home field with bathroom facilities. Allan Johnson, Chairman of the Parks and Recreation Commission, reported the Parks and Recreation Commission approved Giorno unanimously after much public input due to the need for 8 to 13 year old girls softball program, good location, mitigations of potential problems, and referred to the fact that there is high foot traffic through the park. Mary Snyder, 179 Park Place, read into the record the following letter: "To each Councilmember and Mayor: Subject; Giorno Park Usage. We, the neighbors of Giorno Park, and their friends, oppose the use of Giorno Park for any type of baseball activity for many reasons. The neighborhood has lived with the noise, traffic, and general disturbances of Anton Stadium, Todd Grove, the Little League field, the swimming pool and all their accompanying activities for many years. As more people move to Ukiah and use these facilities we are asked to tolerate more and more of these disturbances. We can and must live with what is already here, but please don't force us to accept more. That would be a terrible injustice and more than we can take! We are not insensitive to the needs of the youth, but rather are critical of the lack of planning involved in their organization. A home for this league should have been researched at the end of the 1993 season, not at the beginning of the 1994 season. This certainly gives the appearance of "rushing something through", which is generally a sure fire way to cause problems. To ask the Park Area neighborhood to embrace a League that has grown from 90 to 350-400 people in three years is outrageous! The huge increase in traffic alone should be enough to be a defeating factor. The petition that was signed by the proponents of the League contained approximately 50% signatures outside of the City limits. We do not have as many signatures on our petitions, but those we have are within the City limits and have been gathered door to door, versus at a League meeting. The March 11, 1994 letter from Lynn Kirch to the Parks and Recreation Commission states "The expanse of open space east of Anton Stadium can not be used we were told due to a City Ordinance that extremely limits possible use." It is true that there is a City Ordinance that prohibits baseball at Giorno Park. It was written in 1982. Please see the photos attached which shows signage and authorization. In addition to an Ordinance that prohibits baseball at Giorno Park, the zoning is also prohibitive. The area is zoned R-I, H-2, Single Family Residential which does not mention baseball as one of the uses. Giorno Park is a unique place. It is a matter of opinion whether or not it could be "better used." At present it has many uses, all of which would not be able to participate if a baseball group takes it over. We feel that simple, unorganized activity can be as useful as organized activity. Many of you wonder why the City taxpayers are responsible for providing a site for a league that is composed of city and county members. Why isn't there a joint facility? The Council is responsible for planning. To force a neighborhood to accept a use that is not welcome is not a responsible decision. We urge you to protect us. Thank you for your consideration.,, Attached were 22 signatures and pictures. Mary Snyder indicated that the entire neighborhood, such as Walnut Avenue were not notified of this change of use, suggested an alternative for the Women's softball Reg. Mtg. April 6, 1994 Page 4 57 association to move up to the College and the girls could use the Pomolita facilities, expressed concern for increased noise at Giorno, and noted that neighboring property owner Nora McKinney requested her to express her fear of her driveway being blocked. Mayor Schneiter questioned if there exists a prohibiting Ordinance. The City Clerk reported her March 14, 1994 memorandum to the Parks and Recreation Commission is a reply to Mr. Thurston's letter which stated that there exists an Ordinance that prohibits baseball and softball. Research by the City Clerk indicates Ordinance 786 is currently in effect with Ukiah City Code Section 1999 only prohibiting hardball baseball. Copies of Ordinance 786, with corresponding Council minutes discussing the development of this Ordinance in 1982, were attached. The City Manager stated there is a clear difference between hardball baseball and softball. Discussion ensued regarding signage placed by staff at Anton and Giorno Park a few years ago to abate neighbors concerns of unauthorized use of Anton facilities; all day use on Saturdays and the impacts; staffing levels; and other facilities feasibility and staff analysis. Councilmember Malone noted there currently exists a legacy of poor planning that relies on school grounds for public parks and recreational facilities, and it is necessary at this point to address maximization of current facilities and plan for the future. M/S Malone/Mastin to approve the installation of girls softball improvements at Giorno Field. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. It was the consensus of Council for staff to provide informal progress reports with an end of the season formal report, mitigate any possible blocking of Mrs. McKinney's driveway, encourage the softball groups to conduct neighborhood outreach efforts, and for staff to look into additional facilities at Vinewood and a Russian River Park Plan. Recess - 8:12 p.m. Reconvened - 8:25 p.m. 7a. Consideration of Request to Vacate Stephenson Street Between Oak and State Streets, as filed by the Ukiah Redevelopment Aqenc¥ for the Downtown Plaza/Park Project i. Approval of Neqative Declaration of Environmental Impact ii. Adoption of Resolution Vacatinq the Stephenson Street Riqht-of-Wa¥ Between State and Oak Streets iii. Approval of the Plaza/Park Site desiqn The Redevelopment/Economic Coordinator distributed an additional staff report containing the Negative Declaration. He reported the noticing of this proposed street vacation only developed some concerns of a pizza business's elimination of on street parking, loading zones and possible expansion he reported, have been mitigated. He reported the vacated street will be incorporated into the Redevelopment Agency's proposed Downtown Park/Plaza. Discussion ensued regarding trees, entry into the parking lot, and possible drop off sites. PUBLIC HEARING OPENED - 8:35 p.m. Judy Pruden, 304 South Hortense, informed Council that the Design Review Board has not reviewed this downtown project, even though she has requested that they be allowed to. Reg. Mtg. April 6, 1994 Page 5 58 The City Manager explained the Design Review Committee has no jurisdiction over park design review. Katherine Rolzinski, home owner at Pine and Stephenson Streets, expressed concern for increased loitering due do another Park in the area of McGarvey Park, which already creates loitering problems for the neighbors. She indicated there may be an impact on neighborhood safety, as she has had two breakins within two months, and this new plaza could create additional foot traffic between the two parks. No others came forward. PUBLIC HEARING CLOSED - 8:40 p.m. Mayor Schneiter noted the electrical department is looking into the lighting issue at McGarvey Park. M/S Shoemaker/Malone to approve the Negative Declaration of Environmental Impact. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. M/S Shoemaker/Malone to adopt Resolution No. 94-43, Vacating the Stephenson Street right of way between State and Oak Streets. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. Councilmember Shoemaker expressed concern regarding approving the design of the proposed Downtown Plaza/Park without seeing details pertaining to landscaping, building elevations, water features and elevations of the amphitheatre and the reason why the Downtown Review Board was not allowed input into this project. Discussion ensued. Mayor Schneiter indicated only conceptual approval is requested tonight, and he is not prepared to review any details at this time. Councilmember Shoemaker stated he does not want this project to go to bid until he sees specifications and approves the details. Martha Barra, reported on the development process of this project. The City Manager explained the Park/Plaza specifics, and indicated that specific design details of the project will be brought back for Council consideration prior to going to bid. The Redevelopment/Economic Coordinator reported on the CEQA requirement for the vacation of this street calling for the review of a comprehensive project and approval. M/S Shoemaker/Malone to approve the Downtown Plaza with a Farmers Market, a performance area, and other landscape elements, and directed staff to generate the design elevations for further review. The motion was carried by an unanimous voice vote of all AYE, with Councilmember Wattenburger absent. 9b. Consideration of California Park Bond Act Recommendations The Community Services Director reported the Planning and Conservation League has requested the City's support for the California Parks and Wildlife Bond Act of 1994 which is an initiative on the upcoming June 1994 ballot. She explained the City has received a total amount of $401,325 Park Bond Reg. Mtg. April 6, 1994 Page 6 59 funding in the past, and this new Bond will provide funding for the purchase additional Parks and facilities. M/S Malone/Mastin to endorse the California Parks and Wildlife Bond Act of 1994. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 9c. Approval of Addendum to Aqreement with Eric J. Toll, AICP Company for Additional Air Emissions Analysis and Assessment for Ukiah Landfill EIR and Authorize Budqet. Adjustment The Public Works Director/City Engineer reported on the request for additional costs of $33,480 to the original contract amount of $64,680, for the preparation of the Environmental Impact Report for the City Landfill Solid Waste Facilities permit change. He explained the additional costs are required due to additional air emissions data required by the Mendocino County Air Quality Management District, additional legal expenses incurred with the stipulated agreement and a second noise evaluation. He noted these changes are for a scope of work in the amount of $30,145 for additional air emissions analysis and assessment to have included in the EIR, a change in the amount of $1,500 for the second noise evaluation, and change in the amount of $1,835 for legal counsel assistance related to the Landfill Stipulated Agreement. Councilmember Mastin expressed his concern regarding air quality data which was available for the consultant to review prior to submitting his bid. Discussion ensued regarding 1988 air testing data insufficient, new regulations, interpretation deviations by the Air Quality Board, and legislation changes since 1988. M/S Schneiter/Malone to approve the amendment to the Eric Jay Toll contract. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent:Councilmember Wattenburger. CITY COUNCIL INDIVIDUAL REPORTS ONLY Councilmember Mastin Reported on the Ukiah Community Center Board and the Mendocino Transit Authority Board meetings he attended, and noted he went on a Police ride along last Friday. Councilmember Malone Reported on the Sun House guild meeting he attended. Councilmember Shoemaker Provided a progress report on the North Coast Railroad Authority nomination process for a City representative. Mayor Schneiter Reported there will be a NCPA meeting here in Ukiah on April 28 from 9:30 to 2:00, in which all are invited to attend, reported he spoke to the Kiwanis Club, met with Congressman Dan Hamburg yesterday and noted the upcoming Ukiah Valley Sanitation District meeting on April 14, 1994. 11. City Manaqer/Department Head Reports Only None. 12. Closed Session Reg. Mtg. April 6, 1994 Page 7 60 Mayor Schneiter announced the need to go into Closed Session as allowed under Government Code Section 54957 for Public Employee Performance Evaluation of City Manager Charles L. Rough, Jr. Council entered Closed Session at 9:50 p.m. Council came out of Closed Session at 10:55 p.m. It was noted there was no action taken. ADJOURNMENT There being no further business, ~he meeting was adjourned at 10:56 p.m. CCMIN.160 'Ca CMC/AAE, City Clerk Reg. Mtg. April 6, 1994 Page 8