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HomeMy WebLinkAboutMin 02-20-85121 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - February 20, 1985 The City Council convened in regular session at 6:30 p.m., in the City Council Chambers. Roll was taken and the following Councilmembers were present: Henderson, Kier, Hickey, Kelley and Mayor Myers. Absent: None. Staff present: Payne, Rapport, Harris, Pedroncelli, Vara, Yarbrough, Stamelos and McAfee. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Hickey delivered the Invocation and Councilmember Henderson led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Kier/Kelley to approve the minutes of the February 6, 1985, regular meeting as amended, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. RIGHT TO APPEAL DECISION Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. CONSENT CALENDAR Mayor Myers requested Item 6e be removed from the Consent Calendar and placed as Item 10f under New Business. M/S: Hickey/Henderson to approve Consent Calendar 6a, 6b, 6c and 6d as follows: 6a. Approved Payroll Warrants #5337 to #5477, $87,571.35 6b. Approved General Warrants #27697 to #27982, $786,114.67 6c. Rejected all Bids for Trash Pump Trailer Mounted Self-Priming and Directed Staff to Rewrite the Specifications and Proceed With a New Call for Bids 6d. Approved Payment to Robert Mac Dougall for Airport Clear Zone Acquisition Services in the Amount of $3,770.00 Motion carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. PETITIONS AND COMMUNICATIONS 8a. Letter from Lee Lowe Regardin~ Las Casas Unit I - City Council Resolution No. 84-51 The City Manager reported through communication with Lee Lowe, staff has determined the matter he wishes to bring before the City Council should be referred to the Planning Commission. Mr. Lowe was advised and he ~s satisfied with staff's recommendation that this matter be scheduled for the February 27, 1985, Planning Commission meeting. M/S: Kelley/Hickey to refer this matter to the Planning Commission, carried by a unanimous voice vote. 8b. Letter from Ukiah Energy, Inc., Requestin~ City Attorney Prepare Draft A~reement Councilmember Henderson asked to be excused at this time due to a possible conflict of interest. The City Manager reported at the Council's meeting of February 6, 1985, it was determined that Ukiah Energy, Inc., (UEI) would be required to provide the legal time necessary in the drafting of the proposed agreement. UEI is now requesting that the City Attorney provide the necessary legal time in Reg. Mtg. February 20, 1985 Page 1 122 providing such a draft agreement. Staff recommended that upon receipt of a deposit from UEI to the City of Ukiah of the full amount of the estimate for the preparation of the agreement, Council authorize the City Attorney to prepare a draft agreement. He noted that upon the presentation of the draft by the City Attorney, neither party would be bound by the terms as it would be a draft for discussion only. M/S: Kier/Hickey to approve staff's recommendation that upon receipt of a deposit from Ukiah Energy, Inc., to the City of Ukiah of the full amount of the estimate for the preparation of a draft agreement, authorize the City Attorney to prepare same. Ed Titlow, President of Ukiah Energy, Inc., expressed his appreciation to the Council and City staff for their help in expediting this issue. Councilmember Kelley reminded everyone that at the Council's October 3, 1984 meeting, a motion was passed that the Council be satisfied with Ukiah Energy, Inc's., Environmental Impact Report before any agreement would be accepted. Motion carried by the following roll call vote: AYES: Councilmember Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: Councilmember Henderson. Councilmember Henderson returned to the meeting at 6:55 p.m. UNFINISHED BUSINESS 9a. Resolution No. 85-53 Appointing Planning Commissioner The City Manager reported three applications were received requesting appointment to the Planning Commission. Councilmembers Henderson nominated Phil Baldwin, Kier nominated Richard Shoemaker, and Hickey nominated Don King. Mayor Myers noted that Richard Shoemaker is presently on the Park, Recreation and Cultural Arts Commission. He indicated there isn't anything in the City of Ukiah Municipal Code to deprive him from being on more than one commission. The nomination of Richard Shoemaker carried by the following roll call vote: AYES: Councilmembers Henderson, Kier and Kelley. NOES: Councilmembers Hickey and Mayor Myers. ABSENT: None. M/S: Kelley/Henderson to adopt Resolution No. 85-53 appointing Richard Shoemaker as a member of the City of Ukiah Planning Commission to fill the unexpired term of Dennis Ivey who resigned, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 9b. Matter of City Clerk Training The City Manager reviewed information received by staff regarding available training for the soon to be elected City Clerk. It was established that there is money in the budget for training. Mayor Myers stated it is Council's desire that this official work with the City Council and City staff to maintain the office of City Clerk as an independent office. Councilmember Kelley requested the information gathered regarding available training for the City Clerk be forwarded to the two candidates for the office of City Clerk. 9c. Matter of Usage of School District Facilities for Meetings The City Manager reported last year the Ukiah Unified School District (UUSD) offered to allow the City the use of their facilities for City Council and Planning ComMission meetings. It was determined at that time that due to the inconvenience, and unable to justify the costs of remodeling the chambers it would not be appropriate. During the intervening period three things have Reg. Mtg. February 20, I985 Page 2 123 occurred which caused him to re-evaluate his recommendation. 1) The agreement to purchase the Yokayo Site; 2) the City has purchased a new computer, which requires additional space; and 3) the need to provide space for the City Clerk's office. Staff recommended the Council request the use of the UUSD facilities pursuant to the September 4, 1984 letter from the UUSD to the City. M/S: Kelley/Hickey to authorize staff to contact the Ukiah Unified School District requesting use of their facilities for regularly scheduled City Council and Planning Commission meetings each Wednesday evening pursuant to their September 4, 1984 letter to the City. Discussion ensued regarding alternative areas for other City commission and committee meetings, the capacity of the UUSD facility, and when escrow will close for the Yokayo Site. Motion carried by a unanimous voice vote. PUBLIC HEARING - 7:00 P.M. 7a. Appeal of Planning Commission Approval - Variance Application No. 85-32, 600 Marshall Street The Planning Director reported the Mendocino County Community Development Commission (MCCDC) proposes to use the dwelling at 600 Marshall Street for emergency shelter for the homeless. Presently, there is only one on-site parking space; six off-street parking spaces are required to accommodate the dwelling. The applicant is attempting to purchase the property immediately to the south of the parcel. That property could adequately accommodate the six required spaces. The variance is from the stipulation that the parking spaces be on the same site as the use. Staff recommended the Council grant Variance No. 85-32 subject to the conditions imposed by the Planning Commission. The City Attorney advised the Council that the only issue to be considered by them at this time is whether to grant or deny the variance from the stipulation that the parking spaces be on the same site as the use. The matter of whether a Use Permit is required for this particular type of use in the R-2 zone should be considered separately. PUBLIC HEARING OPENED: 7:16 p.m. The following people spoke against approval of the variance application: -Sam Sigler, 608 Marshall Street expressed concern regarding the financing of this project if grant money fails to be available. -Gilbert Chan, 320 N. Spring Street, property owner adjacent to 600 Marshall Street stated due to concerns regarding overuse of this facility, property owners and residents in the area of the dwelling have engaged Attorney Jared Carter to represent them. -Mrs. Harvey McConnel, 618 Marshall Street, expressed concern for the health and safety of the neighboring residents due to the transient occupation of the dwelling. Rebecca Jondahl, Director of Mendocino County Community Development Commission (MCCDC) reported the proposed use at 600 Marshall Street is an emergency shelter to house people without homes. To meet the off-street parking requirement, MCCDC plans to purchase the lot adjacent to 600 Marshall Street to have adequate parking. No more than twelve individuals will be occupying the home at one time. Roy Tindle, employee of Mendocino County Communitv Development Commission stated the building inspector and fire marshall have looked at the facility and are satisfied the code requirements can be met. Fire protection will be available through a sprinkler system installed in the home. The Council asked who would be staffing the facility and if the facility on Ford Street was going to be closed. Reg. Mtg. February 20, 1985 Page 3 124 In reply Ms. Jondahl stated there is the possibility that some of the staff from the Ford Street facility would be utilized at the Marshall Street facility, and some of the people could be the same clients. She indicated the Ford Street facility would be closed. She felt the proposed facility at 600 Marshall Street will be doing more than the Ford Street facility as it will have larger and better accommodations. PUBLIC HEARING CLOSED: 7:50 p.m. Discussion ensued regarding whether a multiple family dwelling in a R-2 zone requires a Use Permit; multiple dwellings not being defined in the City Code; how food would be provided for the home; and briefly addressed management and staffing of the facility. M/S: Kier/Henderson to uphold the Planning Commission action and grant Variance No. 85-32 with the finding to promote emergency shelter. Friendly Amendment The maker of the motion with the approval of the second amended the motion to read: To uphold the Planning Commission action and grant Variance No. 85-32 consistent with the purpose of Government Code Section 65008 to promote emergency shelters, with the modification that an additional condition is added that title to the parcel immediately south of the subject parcel must be acquired for additional parking. Motion carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. Councilmember Henderson suggested all the participants meet and discuss this matter. She felt this would help to alleviate the neighborhood fears and clarify exactly what will be happening at this facility. Ms. Jondahl expressed concern regarding the time restraint placed on MCCDC for the City of Ukiah's Block Grant. Discussion ensued regarding whether emergency shelters are an allowable use in a R-2 zone. It was determined the Council needs time and community input to review the definition of allowable use. M/S: Kier/Hickey to agendize discussion of definition of use for the March 6, 1984 City Council meeting, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. RECESS: 8:20 p.m. RECONVENED: 8:30 p.m. Mayor Myers announced the Ukiah League of Women Voters will be hosting a meet the candidates night February 25, 1985, at 7:30 p.m., in the Great Western Bank's Community Room. UNFINISHED BUSINESS (Continued) 9d. Appointment of Ad-hoc Committee for Discussion of Outdoor Sales and Street Vendors Mayor Myers stated he feels this committee should be comprised of seven members, to include representation from a florist, vendors, Chamber of Commerce and the City Planning Commission. Councilmember Hickey nominated Donna Branson of Branson's Apparel Councilmember Henderson nominated Janet Luiz Councilmember Kier nominated Marlene Werra Councilmember Kelley nominated Jim Mastin, Chairman of the Planning Commission The Council requested that Mayor Myers contact vendor, Bonnie Rice; a member from the florist sector; and, a member of the Chamber of Commerce for their participation. Reg. Mtg. February 20, 1985 Page 4 123 occurred which caused him to re-evaluate his recommendation. 1) The agreement to purchase the Yokayo Site; 2) the City has purchased a new computer, which requires additional space; and 3) the need to provide space for the City Clerk's office. Staff recommended the Council request the use of the UUSD facilities pursuant to the September 4, 1984 letter from the UUSD to the City. M/S: Kelley/Hickey to authorize staff to contact the Ukiah Unified School District requesting use of their facilities for regularly scheduled City Council and Planning Commission meetings each Wednesday evening pursuant to their September 4, 1984 letter to the City. Discussion ensued regarding alternative areas for other City commission and committee meetings, the capacity of the UUSD facility, and when escrow will close for the Yokayo Site. Motion carried by a unanimous voice vote. PUBLIC HEARING - 7:00 P.M. 7a. Appeal of Planning Commission Approval - Variance Application No. 85-32, 600 Marshall Street The Planning Director reported the Mendocino County Community Development Commission (MCCDC) proposes to use the dwelling at 600 Marshall Street for emergency shelter for the homeless. Presently, there is only one on-site parking space; six off-street parking spaces are required to accommodate the dwelling. The applicant is attempting to purchase the property immediately to the south of the parcel. That property could adequately accommodate the six required spaces. The variance is from the stipulation that the parking spaces be on the same site as the use. Staff recommended the Council grant Variance No. 85-32 subject to the conditions imposed by the Planning Commission. The City Attorney advised the Council that the only issue to be considered by them at this time is whether to grant or deny the variance from the stipulation that the parking spaces be on the same site as the use. The matter of whether a Use Permit is required for this particular type of use in the R-2 zone should be considered separately. PUBLIC HEARING OPENED: 7:16 p.m. The following people spoke against approval of the variance application: -Sam Sigler, 608 Marshall Street expressed concern regarding the financing of this project if grant money fails to be available. -Gilbert Chan, 320 N. Spring Street, property owner adjacent to 600 Marshall Street stated due to concerns regarding overuse of this facility, property owners and residents in the area of the dwelling have engaged Attorney Jared Carter to represent them. -Mrs. Harvey McConnel, 618 Marshall Street, expressed concern for the health and safety of the neighboring residents due to the transient occupation of the dwelling. Rebecca Jondahl, Director of Mendocino County Community Development Commission (MCCDC) reported the proposed use at 600 Marshall Street is an emergency shelter to house people without homes. To meet the off-street parking requirement, MCCDC plans to purchase the lot adjacent to 600 Marshall Street to have adequate parking. No more than twelve individuals will be occupying the home at one time. Roy Tindle, employee of Mendocino County Community Development Commission stated the building inspector and fire marshall have looked at the facility and are satisfied the code requirements can be met. Fire protection will be available through a sprinkler system installed in the home. The Council asked who would be staffing the facility and if the facility on Ford Street was going to be closed. Reg. Mtg. February 20, 1985 Page 3 125 M/S: Kelley/Hickey to accept the four specific nominees and the Mayor to contact vendor, Bonnie Rice; a member from the florist sector; and, a member of the Chamber of Commerce for appointments to an Ad-hoc Committee for discussion of outdoor sales and street vendors, carried by a unanimous voice vote. NEW BUSINESS 10a. Cash Flow Projection - Civic Center The City Manager reported that from a review of available funding and the cash flow projection for the project, the City will need to go to financing by the end of this calendar year. He reviewed charts showing the Civic Center cash flow projection. Staff recommended the Council authorize expenditures from funds to meet the cash flow needs of the Civic Center project, and direct staff to proceed with planning for financing at or near the end of this calendar year. M/S: Kier/Hickey to authorize expenditures from both the Civic Center Construction Fund and Special General Fund to meet the cash flow needs of the Civic Center, and to authorize staff to proceed with planning for financing for the Civic Center project, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. 10b. Agreement for Architectural Services - Civic Center The City Manager briefly reviewed the proposed Agreement between the City of Ukiah and Architect Victor Lopes for services to be performed at the Yokayo Site for the new Civic Center. He noted the City Attorney would review the typographical errors and minor changes. Victor Lopes stated the only reservation he has is with Articles 8.3 and 8.4. He felt since these additional insurance requirements were not stipulated in the Request For Proposal (RFP) he should not have to provide insurance of this magnitude. He indicated he will provide the $1,000,000 liability insurance but does not feel it is his responsibility to provide the errors and omissions or malpractice insuradce of Article 8.4. Discussion ensued regarding the cost of errors and omissions insurance, R.E.M.I.F.'s recommendation that the City have this type of coverage, how it differs from a performance bond, supervision of contractors and potential negligence, and since it was not in the Request For Proposal (RFP) it is a change from the RFP and should be the City's responsibility. M/S: Kelley/Hickey to have the City of Ukiah take and keep in force errors and omissions or malpractice insurance, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. Mayor Myers stated this is a great opportunity for the City Council to be able to build a new City Hall and would like the Council to have as much input as possible. He feels the Council should meet with the Architect at least once a month for input and updates on the development of the project. The City Attorney reviewed the typographical errors and minor changes to the Agreement. M/S: Kelley/Hickey to approve the Terms and Conditions of the Agreement between the City of Ukiah and Architect Victor Lopes as corrected and amended, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. It was determined the City Council would meet with the Architect March 4, 1985, at 5:00 p.m., in the Council Chambers for a Space Utilization Study. Reg. Mtg. February 20, 1985 Page 5 126 10c. Appeal of Plannin~ Commission Decision Requiring Use Permit for the Santa Rosa Rescue Mission (Henderson) Councilmember Henderson requested clarification of the issue of the Santa Rosa Rescue Mission. She stated City staff does not require a Use Permit but the Planning Commission says a Use Permit is required. The Director of Planning reported neither rescue mission nor a similar term is included in the Zoning Code. He defined the activities of a rescue mission as a hotel, restaurant and church. He reviewed the permitted uses of hotels, restaurants and churches and stated staff believes the interpretation is appropriate that the Santa Rosa Rescue Mission is an allowed use in a C-1 zone and does not need a Use Permit. The City Attorney reviewed Section 9081 "Uses Allowed" and Section 9082 "Uses permitted subject to first securing a Use Permit" of the City of Ukiah Municipal Code. He explained it would be Council's responsibility to interpret it's own code. Attorney Jared Carter, representing Mike Shapiro and owners of the Victory Theatre at 367 N..State Street voiced several objections to any approval of a Rescue Mission proposed to be located at 307 N. Main Street i.e., no public hearing on the appeal, no effort to apply for an Environmental Impact Report, and the general way the matter is being handled by staff. The City Manager reported he received a call from Mike Shapiro February 15, 1985. Mr. Shapiro asked if the City intended to send notice of this matter and the City Manager indicated to him that the City did not. He asked Mr. Shapiro if he wished to be notified and Mr. Shapiro said no that was not necessary that he was now aware of this. Joe Militello, President of the Board of Directors of the Santa Rosa Rescue Mission, stated the Mission is in fact a hotel, restaurant and church. He noted the mission provides a service to feed, house and care for the homeless. He stated it has been established they are a religious organization. Based on the concerns expressed that this matter was not publicly noticed and in as much as a Use Permit has been applied for by the Rescue Mission, the following motion was entertained. M/S: Hickey/ moved to refer this matter to the Planning Commission. Motion failed for the lack of a second. During discussion by Council, it was determined the major issue is their interpretation of the Zoning Code, whether this is or is not an allowable use. Mayor Myers expressed concern regarding the lack of a public hearing to receive public input. Robert Benedict, 1990 Elm Street stated he feels there is an urgent need by indigents for this type of shelter and feels it is a permissible usage. M/S: Hickey/Kelley to reverse the decision of the Planning Commission and establish that a Rescue Mission does not require a Use Permit in a C-1 Zoning, carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley and Mayor Myers. NOES: Councilmember Kier. ABSENT: None. RECESS: 10:20 p.m. RECONVENED: 10:32 p.m. 10d. Discussion of Kenneth Parnell Parole in Mendocino County (Henderson) Councilmember Henderson reported the State parole authorities are considering releasing Kenneth Parnell to Mendocino County when he is paroled from prison April 9, 1985. She requested the City Council write a letter to the Parole Board saying the City of Ukiah does not want him released in this area. M/S: Henderson/Kelley moved to authorize the Mayor to write a letter to the State Parole Board stating the City of Ukiah does not want Kenneth Parnell paroled into this community. Reg. Mtg. February 20, 1985 Page 6 127 Councilmembers Kier and Hickey expressed concern regarding whether this is an appropriate action to be taken by a legislative body. The motion carried by a majority voice vote. 10e. Matter of Dedication of 115 KV Substation The City Manager reported the City has received the dedication plaque for installation at the Gobbi Street 115 KV Substation. The plaque will be installed at an appropriate location at the facility. He asked the Council if they wished to have a dedication ceremony. It was determined this would be important for Civic pride. A dedication ceremony is to take place on a date to be determined by staff. 10f. Report of Administrative Actions and Proposals (R.A.A.P.) Mayor Myers expressed concern regarding the abolishment of banners across State Street. He requested Councilmember Henderson to meet with him and the Mendocino County Board on February 26, 1985 regarding this matter. It was determined the City does not need the Enterprise Zone. He requested information regarding the toilet at the south end of the Airport. The City Manager indicated he will have Public Works prepare a staff report to be brought back to the Council. M/S: Mayor Myers/Kelley to approve the Report of Administrative Actions and Proposals, carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley and Mayor Myers. NOES: None. ABSENT: None. COMMENTS FROM AUDIENCE No one wished to address the City Council at this time. CITY COUNCIL REPORTS Councilmember Henderson Referred a letter to the Traffic Safety Committee. Councilmember Kier Reported during a conversation with a member of the Board of Supervisor's it was brought to his attention that the County needs additional space. He was asked if there was any possibility of combining such space at the new City Hall. He indicated to them the possibility of renting available space. He has received complaints regarding the route to the dump in that people are not tarping their loads and trash is blowing out. Discussion ensued regarding the State law that governs this matter, the possibility of charging extra at the dump site for those loads not tarped and using the County trustees to do the clean-up along the road leading to the dump. He asked if the Traffic Committee has looked at the Traffic Circulatory Plans and if the results were in. He is working with the California Association of Realtors staff who is preparing a Research and Background paper on Redevelopment Agencies. Councilmembers Hickey Reported last week he was in New York City working on financing for NCPA's Calaveras project. He and City staff members attended a meeting in Sacramento and Roseville, February 19, 1985 regarding NCPA matters. Guy F. Atkinson was hired as the Contractor for the Calaveras project. They also met with the Corp of Engineers regarding the Mendocino Dam. He will be out of town all of the upcoming week. The first two days talking to Oliver Grace regarding the Geothermal Field, and the last three days he will be in San Francisco attending APPA and NCPA meetings. Reg. Mtg. February 20, 1985 Page 7 128 He reminded everyone the Air Quality Control Board will conduct a hearing February 21, 1985, at 7:00 p.m., at the Veterans Building, regarding NCPA's proposal to construct a Turbine in Ukiah. He reported by the end of next month NCPA should have marketed 550 million dollars in bonds to carry the Calaveras project forward. The job should be completed in February 1990. Councilmember Kelley Reported the Ukiah Players had a weekend workshop over the three day weekend. Mediators dealt with negotiations between board and staff. He stated it was very productive and a lot of good policies came from it. Mayor Myers Reported he has no problem with members of the Vending and Outdoor Sales Ad-hoc Committee being from out of the City. He expressed concern regarding the vandalism in Vinewood Park. The City Manager indicated he will be receiving a memorandum from the Park and Recreation Director regarding this matter. Discussion ensued regarding people using the senior citizens facilities in the area, getting the citizens in the community involved in policing and monitoring the park facility, the costs of repairing the damage done by vandals and getting the community service clubs involved in helping with the repairs. He announced the Office of Criminal Justice Planning is having an open house from 2 p.m. to 4 p.m., March 7, 1985 in Sacramento. It was determined the Mayor would send a letter of support to keep the Bureau of Land Management (BLM) in the City of Ukiah. Councilmember Kier noted there is a possibility of combining the Bakersfield and Ukiah BLM offices. He indicated a request should be made in the letter of support from the Mayor that the combined office of BLM be located in Ukiah. He requested staff to present information to the Traffic Safety Committee regarding the speed of traffic on Gobbi Street heading towards Main Street. CLOSED SESSION Adjourned into Closed Session at 11:15 p.m. to discuss pending litigation in Mendocino County Superior Court regarding Kennedy Homes, and personnel. Continued Closed Session to March 4, 1985, at 5:00 p.m. to discuss litigation. ADJOURNMENT Continued regular meeting to March 4, I985, at 5:00 p.m., for Study Session with Architect, Victor Lopes regarding the Yokayo Site. There being no further business the meeting was adjourned at 12:44 a.m. Faye McAfee Recording Secretary Reg. Mtg. February 20, 1985 Page 8