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HomeMy WebLinkAboutMin 11-01-89361 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - NOVEMBER 1, 1989 The City Council convened in a regular session at 6:42 p.m. in the Council Chambers at the Civic Center, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Shoemaker, Schneiter, Hickey and Mayor Henderson. Absent: Councilmember Wattenburger. Staff present: City Clerk McKay, City Manager Watson, City Attorney Rapport, Community Development Director/Assistant Redevelopment Director Harris, Assistant to the City Manager Horsley, and Finance Director Vara. INVOCATION/PLEDGE OF ALLEGIANCE Councilmember Hickey delivered the Invocation and Councilmember Schneiter led the Pledge of Allegiance. APPROVAL OF AGENDA M/S Hickey/Schneiter approved the Agenda of this meeting as submitted. The motion was carried by a unanimous voice vote of all AYE. APPROVAL/CORRECTION OF MINUTES M/S Hickey/Shoemaker approved the minutes of the regular adjourned meeting of October 17, 1989, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. ABSENT. Councilmember Wattenburger. Councilmember Hickey made corrections to the minutes of the regular meeting of October 18, 1989 as follows; Page 2, Item lla., 4th paragraph, last line, change "NOE" to "No"; and Page 4, 5th paragraph, 1st line, change "she" to "he". M/S Hickey/Schneiter to approve the minutes of the regular meeting of October 18, 1989 as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, and Hickey. NOES: None. ABSENT: Councilmember Wattenburger. ABSTAIN: Mayor Henderson. RIGHT TO APPEAL Mayor Henderson reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR M/S Hickey/Schneiter approved the Consent Calendar Items 7a, 7b, 7c, and 7d, as follows; 7a. Approved the Payroll Warrants from 10/1/89 to 10/14/89, #27741 to 27894, in the amount of $106,890.04; and the General Warrants of November 1, 1989, #42905 to 43032, in the amount of $602,664.86. 7b. Adopted Ordinance 894, Establishing Claim Filing Procedures. 7c. Adopted Resolution No 90-22, Authorizing the City Manager to sign certification for ~he Institute of Museum Services Grant. 7d. Approved the Report of Administrative Actions and Proposals. (R.A.A.P.) The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. ABSENT: Councilmember Wattenburger. 362 AUDIENCE COMMENTS ON NON-AGENDA ITEMS None. UNFINISHED BUSINESS 10a. Adoption of Resolution Appointinq Airport Commissioner Mayor Henderson nominated applicant Allan Johnson which was seconded by Councilmember Hickey. Resolution 89-23 appointing Allan Johnson to the Airport Commission was approved by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. ABSENT: Councilmember Wattenburger. NEW BUSINESS lla. Approval of Disbursement of Funds to Assist Earthquak~ Victims - Henderson Mayor Henderson commented she requested this item to be put on the agenda for consideration of assistance to the City of Watsonville which has 1200 to 1400 people in shelters due to the October 17, 1989 earthquake and reported on local efforts to assist the community of Watsonville. The City Attorney noted that if the City Council can adopt findings and determinations that a contribution from the City's general fund to provide relief to earthquake victims located in other jurisdictions will benefit the City of Ukiah and its inhabitants, then such a contribution will not violate the State Constitutional prohibition on gifts of public funds. If such a contribution will exclusively benefit the residents of another jurisdiction, it would constitute a prohibited gift of public funds. Mayor Henderson commented that the old Police Station could be used by locals for a flea market to raise funds to send to Watsonville. It was the general consensus of Council for the Mayor to offer the City's assistance, if possible, to the local committee in Ukiah which has been formed to help the community of Watsonville. The City Attorney noted that the League of California Cities advised him that a disaster relief fund could be established by the League as an intermediary agency for an ongoing fund available for disaster relief. M/S Hickey/Henderson directed the Mayor to write a letter to the League of California Cities requesting the establishment of such a fund. The motion was carried by a unanimous voice vote of all AYE. CITY COUNCIL REPORTS Councilmember Shoemaker Reported on two Countywide Recycling Task Force meetings he attended, and reported on a citizens meeting he attended regarding a mandatory recycling initiative. Councilmember Schneiter None. Councilmember Hickey Reported on a NCPA meeting he attended last week with the City Manager and the Electric Director. Reg. Mtg. November 1, 1989 Page 2 363 Mayor Henderson Reported on a Redwood Empire Municipal Insurance Fund meeting she attended and the Sanitation District Public Hearing regarding the Carousel Sewer Project, and requested an update on the BMX insurance dilema. The City Manager reported that the City Attorney is in the process of reviewing the insurance coverage recently provided by Rusty Bowl. CLOSED SESSION None. PUBLIC HEARING - 7:00 p.m. 9a. Joint Hearinq by the City Council and the Redevelopment Agency to Receive all Written and Oral Public Testimony and Consider Documents and Evidence Pertaining to: i. Ukiah Redevelopment Plan ii. Final Environmental Impact Report The City Council joined with the Redevelopment Agency at 7:08 p.m. Roll was taken for the Council and the following Councilmembers were present: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson. Absent: Councilmember Wattenburger. Roll was taken for the Redevelopment Agency and the following Commissioners were present: Commissioners Shoemaker, Schneiter, Hickey and Chairman Henderson. Absent: Commissioner Wattenburger. Staff present: Executive Redevelopment Director Watson, Assistant Redevelopment Director Harris, City Attorney Rapport, Assistant to the City Manager Horsley, and Secretary McKay. The Assistant Director entered into the record the following documents: Exhibit 1. The Affidavit of Publication of this Joint Public Hearing Exhibit 2. Certificate of Mailing to Property Owners Exhibit 3. Certificate of Mailing to Taxing Entities PUBLIC HEARING OPEN 7:17 p.m. Chairman/Mayor Henderson outlined the procedures and guidelines for this formal Joint Public Hearing for the audience. Richard E. Watson, Michael Harris, Dave Beatty, John Dykstra and Ted Kreines stood and were sworn in by court reporter Brian Hennesey. Mayor/Chairman Henderson requested all persons in the audience who wish to appear tonight, to stand to be sworn. The Court Reporter administered the oath to those standing in the audience. Dave Beatty , Counsel, stated that the purpose of this hearing is to consider evidence and testimony for and against the adoption of the Redevelopment Plan and the certification of the Final Environmental Impact Report (EIR) and noted that evidence will be introduced for consideration by the City Council and the Agency in connection with the following findings and determinations that will be made in the adoption of an ordinance adopting the Redevelopment Plan, as contained in Section 33367 of the Health and Safety Code, and are as follows; Reg. Mtg. November 1, 1989 Page 3 364 1. The Project Area meets the legal qualifications set forth by the Legislature for a blighted area, the redevelopment of which is necessary to effectuate the public purposes described in the Community Redevelopment Law. 2. The Redevelopment Plan would redevelop the Project Area in conformity with the law and in the interests of the public peace, health, safety, and welfare. 3. The adoption and carrying out of the Redevelopment Plan is economically sound and feasible. 4. The Redevelopment Plan conforms to the General Plan of the Community. 5. The carrying out of the Redevelopment Plan would promote the public peace, health, safety and welfare of the community and would effectuate the purposes and policies of the Community Redevelopment Law. 6. The condemnation of real property, as provided for in the Redevelopment Plan, is necessary to the execution of the Redevelopment Plan, and adequate provisions have been made for payment for properties to be acquired as provided by law. 7. The Agency has a feasible method or plan for the relocation of families and persons displaced from the Project Area if the Redevelopment Plan may result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area. 8. There are or are being provided within the Project Area or within other areas not generally less desirable with regard to public utilities and public and commercial facilities, at rents or prices within the financial means of the families and persons who may be displaced from the Project Area, decent, safe, and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. 9. Inclusion of any lands, buildings or improvements which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the whole area of which they are a part, and any such area included is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from such area without other substantial justification for its inclusion. 10. The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. 11. The effect of tax increment financing will not cause a significant financial burden or detriment on any taxing agency deriving revenues from the Project Area. The Assistant Redevelopment Director submitted for the record, certification of certain official actions that have been taken by the City Council, City Planning Commission and the Agency in connection with the preparation of the Redevelopment Plan for the Ukiah Redevelopment Project. The Certification was entered into the record as Exhibit 4. There were no objections. The Executive Director generally reviewed the past, present and the future of Redevelopment in Ukiah and the valley John Dykstra, Redevelopment Agency's Report for Council. Consultant, summarized the Reg. Mtg. November 1, 1989 Page 4 365 There were no questions or objections from the audience regarding the Report of the Agency. The Report of the Agency was entered into the record as Exhibit 5. Ted Kreines, EIR Consultant, summarized the Final Environmental Report. He also summarized six letters received, with only 5 arriving by the October 25 deadline. There were no questions from the Agency or Council. It was the general consensus of Council and the Agency to enter for the record, the Final EIR as submitted. The Final EIR was entered into the record as Exhibit 6. Dave Beatty, Special Counsel, summarized the Redevelopment Plan. There were no questions from the Council or the Agency regarding the Redevelopment Plan. It was the general consensus of the Council and the Agency for the Redevelopment Plan to be made part of the record. The Redevelopment Plan was entered into the record as Exhibit 7. The Assistant Redevelopment Director stated that to complete the documents, he would like to have entered into the record the Rules Governing Participation by Property Owners and the Extension of Reasonable Preferences to Business Occupants in the Ukiah Redevelopment Project, as said rules have been adopted by the Agency, and were made available and discussed with the City Council and have also been available for public inspection. There were no questions from the Agency or the Council. It was the general consensus of the Council and the Agency that the Rules Governing Participation by Property Owners and the Extension of Reasonable Preferences to Business Occupants in the Ukiah Redevelopment Project, as adopted by the Agency, to be made part of the record. The Rules were entered into the record as Exhibit 8. The Assistant Redevelopment Director noted for the record written comments received from Riley, Hitchcock, Turner, Norberry, Mayfield, Lee, Redwood Legal Assistance and a letter received late from North County's Engineering. RECESS 8:04 p.m. RECONVENE 8:13 p.m. Public testimony began at this time. Jeanne E. Molineaux, Redwood Legal Assistance, noted she has been sworn in, stated her concerns regarding how the Plan intends to use the 20% for low/moderate housing and would like more specific measures. Dave Beatty answered that there are no specifics because there is no specific plan proposal to take residential properties and thus relocation is not required. A Resolution will address the use of the 20% for low/moderate income housing and proposes a committee to make such recommendations. Marilyn Butcher, Chairman of the Mendocino County Board of Supervisors, noted she has been sworn in, stated she hopes there can be a working agreement to benefit the County and the City. A1 Beltrami, County Negotiator and County Administrator Officer for Mendocino County, noted he has been sworn in, addressed County concerns and submitted a letter for the record. Tom Kesey, Mendo-Lake College District Board, noted he has been sworn in, addressed the concerns of the college district and Reg. Mtg. November 1, 1989 Page 5 366 indicated an agreement to mitigate these concerns should be completed soon. Linda Bailey, 891 Isola Way, noted she has been sworn in, encouraged underground parking to impact the environment in a lesser degree, stated she wants to return Gibson Creek to its natural state, and feels Oak Manor and the Pear Tree shopping area should be removed from the project area as they are not blighted. John Dykstra, answered that underground parking is possible but the water table is very high and underground parking requires expensive ventilation and stated that a Redevelopment Plan should not contain holes and the Oak Manor does contain some blight. Cheryl Baker, noted she has been sworn in, member of the County Homeless Task Force and is the Executive Director of the Community Center, read and submitted a letter for the record regarding protection of the housing supply. Don Larson, noted he is sworn in, is a 4th generation Ukiahan and an Architect, stated the wording for property acquisition is too strong and requested 30 day period of review before adoption of the Redevelopment Plan. Dave Beatty, answered that the wording in this plan is not unusual as it gives authority to the Agency and is appropriate for this size area. He stated there are no plans for residential acquisitions. Mr. Bertorelli, noted he has been sworn in, stated he lives on Low Gap Rd, and expressed opposition to widening Low Gap Rd. Virginia Brody, noted she has been sworn in, 1000 N. Oak St., stated concerns regarding more time needed for public input, the project areas size and feels the entire westside should be included, and stated there exists great public suspicion regarding public agency's legal rights for taking of private properties. Dave Beatty explained why the boundaries were drawn the way they were and the steps the Agency would have to go through to acquire private property and he reiterated there is no plan at this time to displace people. Chairman/Mayor Henderson stated eminent domain already exists for public improvements. Betty Hook, 417 N. Oak St., noted she has been sworn in, stated that Council and therefore the Agencies change every 2 years. All of Council (except one) live in the omitted westside area and feels there is blight there also. She commented she is for downtown revitalization but there is no need to take neighborhoods. Dr. Robert Werra, noted he has been sworn in, indicated he does not want to give any more property rights to Public Agencies and he sees only 25% of the blight shown in the Plan and feels the plan area should be reduced. The Assistant Redevelopment Director noted that the proposed area was originally recommended by a Citizens Committee. George Kilper, new businessman, noted he has been sworn in, questioned eminent domain regarding a business. Dave Beatty answered that the Agency process for commercial is the same as for Residential as he previously explained. Reg. Mtg. November 1, 1989 Page 6 367 Kevin Brownfield, of Mendo-Lake Honda on Hastings Rd., noted he has been sworn in, requested his property be excluded from the plan as it is not blighted, except for the Elks "Stonehenge,,, as he does not wish to duplicate the permit process for future improvements. Dave Beatty stated if the Plan is adopted implementation Resolutions will eliminate duplication of the permit process. Bill Townsend, noted he has been sworn in, stated he would like a copy of the EIR, questioned how he can get out of the Plan area and asked why not all of the City is to be included in the project area. Dave Beatty answered the EIR is available, noted that state law prohibits the whole City from being in the project area and noted the larger the project area, the larger the impact on the taxing agencies. He explained the limited resources for acquiring property within 10 to 15 years after the establishment of a Redevelopment Plan. Sue Patel, noted she has been sworn in, owner of the Talmage Rd. Best Western Motel, asked when the Agency would develop or acquire her property. Dave Beatty explained how a property owner should ask the Agency what the plans are for a piece of property before they start improving their property. He stated that the right of eminent domain for the Agency must be exercised in the first 12 years even though the Plan is for 40 years. Leif Farr, noted he was sworn in, 305 Scott St., stated he feels the area is too large with too many residential areas and expressed concern for double deck parking project, loose project wording, the EIR does not address mitigation measures of projects, secondary growth affecting housing, and the Plan needs to be more specific. John McCowen, noted he has been sworn in, expressed concern over the feeling that the Council is going to go forward with this plan regardless of the public concerns, and requested the eminent domain wording be eliminated from the plan and remove the Oak Manor area be removed as it is not blighted and noted the EIR is nonspecific. ' Tom Sadowsky, 809 Maple Avenue, noted he has been sworn in, expressed concern regarding the creation of a bureaucratic monster regarding eminent domain and condemnation wording. Dave Beatty explained the owner participation rules and agreement procedures. RECESS 10:10 p.m. RECONVENE 10:24 p.m. Pat Stefoni was sworn in by the Court Reporter, and questioned if someone is relocated, how does that affect their Jarvis Gann protection and with property being disposed of without public bid, who stands to gain the most and how is a buyer found for this type property? ' Dave Beatty answered that a relocated person is allowed to keep the same tax basis therefore will not pay more property taxes. He commented that 95% of the time, Agencies already know who the property is going to be sold to before eminent domain is initiated. Daniel Steinhagen, Director of NCO, Member of Mendocino County Homeless Task Force, noted he has been sworn in, stated he has heard tonight that Redevelopment can work if the people have confidence in the Agency and their Council and urged commitment Reg. Mtg. November 1, 1989 Page 7 368 Kevin Brownfield, of Mendo-Lake Honda on Hastings Rd., noted he has been sworn in, requested his property be excluded from the plan as it is not blighted, except for the Elks "Stonehenge',, as he does not wish to duplicate the permit process for future improvements. Dave Beatty stated if the Plan is adopted implementation Resolutions will eliminate duplication of the permit process. Bill Townsend, noted he has been sworn in, stated he would like a copy of the EIR, questioned how he can get out of the Plan area and asked why not all of the City is to be included in the project area. Dave Beatty answered the EIR is available, noted that state law prohibits the whole City from being in the project area and noted the larger the project area, the larger the impact on the taxing agencies. He explained the limited resources for acquiring property within 10 to 15 years after the establishment of a Redevelopment Plan. Sue Patel, noted she has been sworn in, owner of the Talmage Rd. Best Western Motel, asked when the Agency would develop or acquire her property. Dave Beatty explained how a property owner should ask the Agency what the plans are for a piece of property before they start improving their property. He stated that the right of eminent domain for the Agency must be exercised in the first 12 years even though the Plan is for 40 years. Leif Fart, noted he was sworn in, 305 Scott St., stated he feels the area is too large with too many residential areas and expressed concern for double deck parking project, loose project wording, the EIR does not address mitigation measures of projects, secondary growth affecting housing, and the Plan needs to be more specific. John McCowen, noted he has been sworn in, expressed concern over the feeling that the Council is going to go forward with this plan regardless of the public concerns, and requested the eminent domain wording be eliminated from the plan and remove the Oak Manor area be removed as it is not blighted, and noted the EIR is nonspecific. Tom Sadowsky, 809 Maple Avenue, noted he has been sworn in, expressed concern regarding the creation of a bureaucratic monster regarding eminent domain and condemnation wording. Dave Beatty explained the owner participation rules and agreement procedures. RECESS 10:10 p.m. RECONVENE 10:24 p.m. Pat Stefoni was sworn in by the Court Reporter, and questioned if someone is relocated, how does that affect their Jarvis Gann protection and with property being disposed of without public bid, who stands to gain the most and how is a buyer found for this type property? ' Dave Beatty answered that a relocated person is allowed to keep the same tax basis therefore will not pay more property taxes. He commented that 95% of the time, Agencies already know who the property is going to be sold to before eminent domain is initiated. Daniel Steinhagen, Director of NCO, Member of Mendocino County Homeless Task Force, noted he has been sworn in, stated he has heard tonight that Redevelopment can work if the people have confidence in the Agency and their Council and urged commitment Reg. Mtg. November 1, 1989 Page 7 369 to work with the housing and homeless agencies in the form of a Task Force for the use of the low/moderate income housing monies. Larry Sheehy, 309 Clara Ave, noted he was sworn in, expressed concerns regarding redevelopment abuses in other cities, discussed other means to accomplish downtown revitalization, and opposed supporting a County complex as the money should be used for downtown merchants. Frank McMichael, 1023 W. Perkins, noted he was sworn in, requested wording be put into the Plan to disallow appointing of others besides the Council as the Redevelopment Agency. Granville Pool, indicated he was not sworn in. The court reporter administered the oath. Granville Pool expressed concerns regarding the eminent domain process and the property owners rights in that process. Sheridan Malone, 305 Hillcrest, Vice-Chairman of the Ukiah ~lanning Commission, noted he has been sworn in, commented he is in favor of Redevelopment as no one can afford to do any major improvements in the downtown area right now. This Redevelopment Plan will provide funds for future projects and encouraged all Ukiahans to stay in touch with their elected officials and to stay in touch with the process itself. He stated that Redevelopment is a tool that people should not be afraid of. Jeff Trouette, noted he has been sworn in, commented the development of the Plan has involved lots of money without the guarantee that it will work and expressed concern regarding development by outside developers who show no regard for the community. Lynn McNamara, noted she has not been sworn in. The court reporter administered the oath. Lynn McNamara, Real Estate Broker in Ukiah, requested Council take more time to consider what has been expressed tonight and what is best for the City as change is difficult and must be planned for. John McCowen, questioned when this Public Hearing closes is it no longer possible to give input regarding this Plan and/or will written comments be accepted? He requested Council accept comments for a couple more weeks. Dave Beatty stated this is the last time to submit testimony as required by law, and previously received written comments will be responded to before the next meeting. He noted that the closing the Public Hearing closes the oral Public record. John McCowen stated for the record that the speaker immediately preceding himself does represent one of those outside speculators buying up downtown property. Mayor/Chairman Henderson called for further comments or final questions from the Council or the Agency. There were none. M/S Schneiter/Hickey to close the Joint Public Hearing. The motion was carried by the following roll vote: AYES: Councilmembers/Commissioners Schneiter, Hickey and Mayor/Chairman Henderson. NOES: None. ABSENT: Councilmember/Commissioner Wattenburger. ABSTAIN: Councilmember/Commissioner Shoemaker. PUBLIC HEARING CLOSED 11:02 p.m. Reg. Mtg. November 1, 1989 Page 8 370 ADJOURNMENT There being no further business, the City Council meeting was continued to November 9, 1989, in the Council Chambers in the Civic Center, at 8:30 a.m. for Interviewing City Manager Applicants in Closed Session and at 7:00 p.m. for a Joint Session with the Ukiah Redevelopment Agency to consider approval and adoption of the Redevelopment p1/aT~, making findings as to the Final Environmental Impact RepoFt~ and other. Redevelopment related actions. - / '.~ ~ .~ c Cathy 'M~ay, Ci~ Clerk Reg. Mtg. November 1, 1989 Page 9