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HomeMy WebLinkAboutMin 02-16-9437 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - February 16, 1994 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:32 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, City Attorney Rapport, Redevelopment/Economic Development Coordinator DeKnoblough, Finance Director Burt, Public Utility Director Barnes, Community Development Director Harris, Principal Planner Sawyer City Engineer/Public Works Director Kennedy, and Executive Assistant Yoast. 2. Invocation/Pledqe of Alleqiancc Mayor Schneiter requested a moment of silence to honor past Councilmember Hays Hickey, who passed away on February 13 1994. , The Pledge of Allegiance was led by Councilmember Wattenburger. 3. Proclamation Declarinq "Enouqh is Enouqh" Town Meetinq of March 1, 1994 Mayor Schneiter read and presented the proclamation to Don Dolan, who has initiated a community forum to discuss increasing violence in our society on March 1, 1994, 6:30 p.m. at the Ukiah High School Cafetorium. Mr. Dolan thanked the City for it's support. 4. Special Order of Business - Commendation to City of Ukia~ Retiree Bob Hunt Mayor Schneiter read and presented a framed Commendation to Bob Hunt, who recently retired from the City of Ukiah Engineering Department after 36 years of service. Mr. Hunt expressed his appreciation for the opportunity to serve the Ukiah public. Introduction of New Employees The City Engineer/Public Works Director introduced Larry Woods, the new Associate Civil Engineer and provided a brief biography for Council. The Public Utility Director introduced Ross Mayfield III, the new Water Sewer Attendant, and provided a brief biography for Council. Council and staff welcomed both new employees to the City of Ukiah organization. 6. Approval/Correction of Minutes of Reqular Meetinq o£ February 2, 1994 M/S Mastin/Malone to approve the minutes of the regular meeting of February 2, 1994, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES- None. Absent: None. ' 7. 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 Wattenburger/Malone to approve the Consent Calendar as follows; Sa. Received and accepted the report of disbursements for the month of January, 1994. 38 Bb. Adopted Resolution No. 94-37, amending the appendix of disclosure categories for the City of Ukiah Conflict of Interest Code. $c. Adopted Ordinance No. 949 amending Chapter 2, Division 9, of the Ukiah City Code by Rezoning Property (Zone Change No. 93-24, Rural Communities Housing Development Corporation) The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. 9. Audience Comments on Non-Aqenda Items None. NEW BUSINESS 10a. Demolition Request from the Ukiah Redevelopment Aqency to the City of Ukiah for the Structure Located at 369 South School Street The Redevelopment/Economic Development Coordinator reported on this request for a demolition permit from the Ukiah Redevelopment Agency ia for the facility located at 369 South School Street, which is part of the property acquired for the construction of the Downtown Plaza. He noted an open air design of the new plaza is integral for the planned designed uses. He noted the main portion of the building was constructed around 1939, it is not listed in the City's historical resources inventory nor is it identified within any historical district. He reviewed the structural report received from Roger Vincent of Rau and Associates, and noted salvage of materials will be competed by Jim Nix as part of the purchase agreement between Mr. Nix and the Ukiah Redevelopment Agency. Judy Pruden, 304 South Hortense, on the Demolition Permit Review Committee, explained her vote against the demolition request, citing value of the building if incorporated into a covered market for the new plaza by capitalizing on its historical theme. She noted the City sets a bad example in allowing demolition of its oldest viable buildings. She encouraged the Council to incorporate the building into the new plaza. Councilmember Malone commented he has received no comments to save this building, but has received much positive input regarding the new plaza. He indicated it is appropriate for a cinderblock building with no historical significance to be demolished for a plaza which will benefit the whole community. Councilmember Shoemaker commented he is uncomfortable with demolitions, but only two people have contacted him expressing their desire to save this building. He noted the proposed plaza is favored, and keeping this building for a farmers market is not part of the proposed overall design. M/S Malone/Wattenburger to approve Demolition Permit for 369 South School Street. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. 10b. Receive and Approve Audit Report for Fiscal Year 1992/93 The Finance Director reported Stephen Herr, CPA of Davis Hammon and Company, conducted the latest audit of the City of Ukiah, with the Independent Auditor's Report. She explained the one exception on the auditor's opinion and past financial statements with prior year comparisons for Council. She reported these reports indicate the City of Ukiah is solvent with approximately $1 million added to the fund balance during 1992/93. She summarized this was due to conservative revenue estimates of revenue followed by satisfactory operating results. Reg. Mtg. February 16, 1994 Page 2 39 Discussion ensued regarding change of billing cycle for business license cycle change and the effects and estimated completion of the fixed asset accounting procedure completion. M/S Wattenburger/Malone to accept the audit report for the City of Ukiah from Davis Hammon and Company, for the fiscal year ending June 30, 1993. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. 10c. Presentation of Mid-Year Financial Report The Finance Director reported on the results of the operations for the first half of the City's fiscal year 1993/94, which is intended to measure current results against the current budget and also is used as a planning tool for the upcoming budget season. Council reviewed the individual General and Enterprise Fund accounts with the Finance Director. The Finance Director summarized with the exception of the Garage, Golf and Disposal Site funds, the financial operations meet or exceed budget goals. It was the consensus of Council to accept this report as informational only. 10d. Approval of Summary Budqet Schedule and Set Date for Council/Staff Goal Settinq Workshop It was the consensus of Council to approve the proposed Budget schedule with April 12 established for the pre-budget goal setting workshop with City Council and staff. 10f. Adoption of Resolution Authorizinq Submittal, Execution, and Acceptance of Federal Emerqency Shelter Grant Councilmember Mastin disclosed, as part of City Council committee assignments, he is a member of the Ukiah Community Center Board of Directors. The Community Development Director reported the California State Department of Housing and Community Development (HCD) has announced the availability of $3 million over the next two years for the Federal Emergency Shelter Grant (FESG) Program. He explained the Ukiah Community Center and the Ford Street Project have requested City assistance in applying for this grant, with no direct financial participation required of the City, although there will be staff time involved, which will be compensated with funds in this grant. He reported the City is currently administering a similar grant initiated in 1992, and the proposed grant application will encompass the same activities at approximately same funding levels. Martin Bradley, Director of Ukiah Community Center, explained how the grant funds will be used and the current successful program. He explained a detailed plan will be brought to Council after the application is accepted. He reported the previous HUD federal grant application reviewed by Council on January 19, 1994, was not accepted as there was a high response and competition for these funds. M/S Malone/Shoemaker to adopt Resolution No. 94-38, authorizing the City Manager to submit and accept Federal Emergency Shelter Grant. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. ABSTAIN: Councilmember Mastin. Absent: None. It was the consensus of Council to address New Business Item 10g at this time. Recess - 7:36 p.m. Reconvened - 7:45 p.m. Reg. Mtg. February 16, 1994 Page 3 40 10g. Appeal of Planning Commission Approval Conditions No. 9, 10. 11, and 12 for Site Development Pe~-mit No. 93-29, 1220 Airport Park Blvd., Redwood Business Park of Ukiah The Community Development Director provided the staff report regarding this proposed project and the four conditions imposed by the Planning Commission, at their January 12, 1994 meeting. The Principal Planner summarized the history of the environmental impact analysis concerning the Redwood Business Park. The City Attorney explained the AB 1600 process for developer fees and apportionment, and improvements may change due to mitigations specified in an environmental impact report. Discussion ensued regarding the EIR process, future possible mitigations, negative declaration process, individual parcel locations and wetland mitigations, and drainage issues. Gary Akerstrom, partner Redwood Business Park, stated the Condition No. 9 easement should be created when the parcel is sold, and requested a change in wording. He agrees with the staff recommendation for Condition No. 10 and opposes Conditions No. 11 and 12, as they do not apply to this parcel and its proposed project. The City Attorney asked Mr. Akerstrom if in Condition 10, the Ukiah City Code requires the fee to be paid when the building permit is issued, but expressed concern that these fees may not be known, and asked if Mr. Akerstrom would agree to a condition to pay whatever fee is established through the Code process, even if the fee is established after you apply for your building permit? Mr. Akerstrom stated he will agree to pay a fee, even after the building permit is issued, as long as the fee is legally established by Ukiah City Code or State law. The City Attorney summarized the AB 1600 process, after an EIR, which will pick up all of the parcels in the Business Park, figure how much the Business Park is contributing to the need for whatever improvements are needed and then prorate for each parcel in the Park. ' Mr. Akerstrom stated it is his desire to complete the EIR process and wishes to resolve this matter. Gary Ball, Mendocino Environmental Center, 106 W. Standley Street, commented the stipulated agreement between the Mendocino Environmental Center and Gary Akerstrom, in which the City is a party, has not been followed by Mr. Akerstrom who has plowed under an endangered species of plant. He indicated there is no habitat for this plant to exist in now, and the Fish and Game can only recommend an offsite relocation for this plant. Mayor Schneiter stated the City does not have anything that indicates the City is not complying with this stipulated agreement. The City Manager reported on the City's efforts to persuade the applicant to comply with Fish and Game's recommendations. The City Attorney advised the stipulated agreement obligates the Redwood Business Park to preserve the plant and site until a mitigation plan and site has been agreed upon by the Fish and Game and Mr. Akerstrom. He stated the City is not a party to this stipulated agreement, either in the site identification or mitigation. Chuck Williams, Betty Street, expressed his concern for continuing site degradation for the Baker's Meadowfoam as time passes, vernal pools need clean water and not contaminated parking lot drainage water, there is a need for a wetland plan and agreement for the Redwood Business Park, and the Native Reg. Mtg. February 16, 1994 Page 4 41 Plant Society has concern regarding the Fish and Game recommendations for offsite relocation. Dick Howland, 49 Betty Street, encouraged compromise regarding past and future issues, and urged Council to accept staff recommendations and look to what is best for the whole of the community. Councilmember Mastin asked Mr. Akerstrom if he has developed an agreement with the California Department of Fish and Game yet, concerning the Bakers Meadowfoam plant? Mr. Akerstrom stated he is working on it, but not as of yet, and provided a summary of contacts he has had with Mr. Booth, of the California Fish and Game. Councilmember Shoemaker commented while he is supportive of the Redwood Business Park, he is disappointed with the outcome of the Baker's Meadowfoam issue and the whole occurrence with the developer. Councilmember Mastin expressed his disappointment in the non-action by the Mendocino Environmental Center as they are a party to the stipulated agreement, and they feel it was not being complied with. He commented this problem makes everyone look bad. He expressed concern for Condition No. 10, in which there should be assurance the City will recover its financial outlays within three to five years. M/S Wattenburger/Schneiter to modify the Planning Commission's approval of Site Development Permit No. 93-29 as follows; Condition No. 9. - Access easements be recorded on each individual parcel to ensure legal vehicular ingress and egress throughout the project in the event of any transfer of property ownership; Condition No. 10. - Applicant shall pay the project's prorated share of the Capital Improvement Fees, for the following traffic mitigation measures: a) second left turn lane on Talmage at South State Street intersection: b) signalization of the intersection at Talmage and the north bound 101 off ramp; c) two approach lanes on Washington and Hastings at State; d) signalization of the intersection at Waugh and Talmage; e) signalization of the intersection at Waugh and Gobbi; f) signalization of the intersection at Talmage and southbound 101 off ramp; including second left turn lane on westbound Talmage at Airport Park Blvd. and short right turn lane from Talmage to "north" neighborhood; g) widen Airport Boulevard by eight feet or construct deceleration lanes, as determined by the City Council through the process authorized by Government Code Sections 66000 - 66007 and Ukiah City Code Sections 9542-9544 (AB 1600), even if those fees are established after building permits are issued for the project; and delete the Planning Commission's Conditions No. 11 and 12. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: Mastin. Absent: None. Recess - 9:10 p.m. Reconvened - 9:10 p.m. 10e. Discussion and Approval of City Position and Recommendation Reqardinq Restructurinq of Local Government - Leaque of California Cities Council and staff reviewed and discussed the December 22, 1993 League of California Cities Committee on Local Government Reform recommendations concerning long and short term issues, Community/Economic Development, Governance, Revenue and Distribution, and Public Safety issues. Councilmember Shoemaker noted these comments will be forwarded to the Redwood Empire Division for development into a regional perspective to the League. Reg. Mtg. February 16, 1994 Page 5 CITY COUNCIL REPORTS Councilmember Mastin Reported the Russian River Run will be sponsored by the North Coast Striders on June 5 this year. Councilmember Malone Reported on the Sun House Guild meeting he attended, and commented he will always remember Councilmember Hays Hickey as a kind and concerned Councilmember. Councilmember Shoemaker Reported on the Mendocino Solid Waste Management Authority meeting he attended today. Mayor Schneiter Reported on the Ukiah Valley Sanitation District meeting, a meeting with the District Managers of Western Agency Power Association he attended, and reminded Council of the March 1 meeting with Fetzer. City Manaqer/Department Head Reports The City Manager reported Senator Thompsen will be meeting with staff, Council and School Boardmembers on March 11. ADJOURNMENT There being no further business, 10:12 p.m. CCMIN.155 t~e meeting was adjourned Catby~MeK~ CMC/~AE, City Clerk at Reg. Mtg. February 16, 1994 Page 6