HomeMy WebLinkAboutMin 12-05-01MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting
Wednesday, December 5, 2001
The Ukiah City Council met at a Regular Meeting on December 5, 2001, the notice for
which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council
Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following
Councilmembers were present: Larson, Smith, Libby, Baldwin, and Mayor Ashiku
(arrived at 7:40 p.m.). Staff present: Public Utilities Director Barnes, Administrative
Analysis Burck, Community Services Director DeKnoblough, Finance Director Elton,
Assistant City Manager Fierro, City Manager Horsley, City Attorney Rapport, Community
Services Supervisor Sangiacomo, Planning Director Stump, Battalion Chief/Fire Marshal
Yates, and City Clerk UIvila.
2. PLEDGE OF ALLEGIANCE
Councilmember Libby led the Pledge of Allegiance.
3. INTRODUCTIONS
3a. Fire Department Career Employees
Battalion Chief/Fire Marshal Yates introduced Fire Department Career Employees for the
"B" shift of Mark Hilliker (Fire Captain/Shift Commander for "B" Shift), Michael Hamilton
(Fire Apparatus Engineer/Paramedic), Darrell "Charlie" Miller (Firefighter/Paramedic),
Jonathan Lemke (Firefighter/Paramedic), and Jared Apperson (Firefighter/Paramedic).
4. APPROVAL OF MINUTES
4a. Regular Meeting of October 3, 2001
Councilmember Smith noted a typographical error on page 11; the first paragraph should
read "Discussion followed related to the terrain of the City owned property where the fish
hatchery once stood."
City Attorney Rapport recommended the following changes to the minutes beginning with
the second paragraph on page 5, the second sentence should read "Jim Ronco, title officer
for First American Title, conducted additional research and found some documents that
cause him to have an "unqualified" opinion that he is not sure if the documents that were
found would change his legal analysis." This amendment incorporates sentences two and
three. Sentence five should read "The deeds and the documents that Mr. Behnke provided
answer a question he had concerning the property. The seventh sentence should read
"The additional documents that he viewed showed that in 1897 the Crockets that owned
the parcel that Mr. Nix now owns, granted the road right-of-way to the City and atthe same
time they granted the ownership of the fish hatchery." The tenth sentence should read
"There was some expression in that earlier deed that the use of the parcel is to be for a fish
hatchery."
He also recommended a correction on page 5, third paragraph, the fourth sentence should
read "To know what the City's liability would be, we would need to know what the character
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December 5, 2001
Page 1 of 17
of the use was from 1930 to the early 1990's when the City again allowed that road to be
gated."
M/S Smith/Larson approving the minutes of the Regular Meeting of October 3, 2001, as
amended, carried by the following roll call vote: AYES: Councilmembers Larson, Smith,
Libby, Vice-Mayor Baldwin. NOES: None. ABSENT: Mayor Ashiku. ABSTAIN: None.
4. APPROVAL OF MINUTES
4b. Regular Meeting of October 17, 2001
Vice-Mayor Baldwin recommended a correction on page 24, fifth paragraph beginning
with "Councilmember Baldwin", the second sentence should read, "He stated there is a
potential that the noise from off-road vehicles in the hills could affect the neighborhood and
stated new noises are not addressed in the mitigation measures."
City Attorney Rapport recommended corrections on page 23, third paragraph, the third
sentence should read "There are restrictions on the Tentative Map prohibiting any
development other than the five lots in the proposed subdivision from having the right to
use the access road to other property and this factor is addressed in the mitigation
measures." The fifth sentence should read "Probable future projects means projects
already in the permit process or those foreseeable projects understood to be in the permit
process at some point in the future, and CEQA requires such projects be reviewed." The
last sentences should be combined to read, "There has been no evidence presented that
any probable future projects exist for this particular project. Growth Inducement is not part
of a Cumulative Impact Analysis."
He also recommended corrections on page 23, seventh paragraph, to read, "City Attorney
Rapport stated the intent of the condition was to prevent the property owners from
modifying the deed restriction measure without City Council approval."
Vice-Mayor Baldwin recommended a correction on page 25, first sentence to read
"Councilmember Baldwin noted the project photographs demonstrate that the slopes
throughout the entire western hills that are part of the City were generally the same slopes
depicted and, therefore application of concepts of Cumulative Impacts and Growth
Inducement indicate it is not too steep to build elsewhere."
City Attorney Rapport recommended corrections to page 27, fourth paragraph, the first
sentence should read "City Attorney Rapport commented he is not prepared to elaborate
on the question proposed, but stated based upon the distance from Mr. Ashiku's property
to the subject property, there is little likelihood that his project would have a financial impact
on Mr. Ashiku's property. The third sentence should read, "He stated the project is allowed
under the current zoning and the applicants are subdividing the property in accordance
with the provisions outlined in the Subdivision Ordinance". The fourth sentence should
read "However, an exception would have to be granted for the road because it does not
meet the 20-foot road width requirement".
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December 5, 2001
Page 2 of 17
He also recommended a correction to page 27, fifth paragraph beginning with "Mr. Stump",
the second sentence should read "He noted there are several exceptions to the
Subdivision Ordinance that make this project unique and he identified some of these
exceptions."
Councilmember Libby requested that she receive a copy of the minutes with all
corrections before they are posted on the City's Web site.
M/S Smith/Larson approving the minutes of the Regular Meeting of October 17, 2001, as
amended, carried by the following roll call vote: AYES: Councilmembers Larson, Smith,
Libby, Vice-Mayor Baldwin. NOES: None. ABSENT: Mayor Ashiku. ABSTAIN: None.
4. APPROVAL OF MINUTES
4c. Regular Meeting of November 7, 2001
It was noted that the draft minutes of November 7, 2001 would be presented to Council at
their next meeting.
5. RIGHT TO APPEAL DECISION
Vice-Mayor Baldwin read the appeal process.
6. CONSENT CALENDAR
City Manager Horsley advised that, upon request by the applicant, staff recommends item
6b be removed from the Consent Calendar.
M/S Libby/Smith approving items a, c, and d of the Consent Calendar as follows:
a. Rejected Claim for Damages Received from North Haven School and Referred to Joint
Powers Authority, Redwood Empire Municipal Insurance Fund;
c. Considered and Approved Revised Response to the Mendocino County Grand Jury
Report and Authorized the Mayor to Execute Letter of Response;
d. Received Notification to Council Regarding Acquisition of Airport Entrance Directory
Signs From Paramount Signs in the Amount of $9,654.45.
Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby,
Vice-Mayor Baldwin. NOES: None. ABSENT: Mayor Ashiku. ABSTAIN: None.
A brief discussion followed concerning the removal of item 6b from the Consent Calendar.
It was noted by staff that the item is being removed from the agenda.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward to address Council.
9. UNFINISHED BUSINESS
9a. Adoption of Ukiah Utilities Demand-side Ener_~v Mana_clement Pro.(Iram
Proposal
Public Utilities Director Barnes advised that the City Council recently approved using a
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portion of the Public Benefits Charge to fund demand-side energy management and new
investments in renewable energy sources and technologies, in addition to increased
funding for Ukiah C.A.R.E.S. At that time, Council requested that staff develop a program
for the energy conservation portion of those funds in a manner that would take into
consideration the customers ability to pay relative to the amount of rebates for that
conservation program.
City Manager Horsley advised that the financial analysis on the C.A.R.E.S. Program was
added as an informational item for Council and was based on the request to include an
annual gross pay for single and married individuals. Staff plans to return in March with a
bi-annual discussion of the C.A.R.E.S. program.
Administrative Analyst Burck explained that staff is proposing rebates on appliances and
weatherization supplies to improve energy efficiency of the City's utility customers. She
discussed the two levels to the rebate program. One rebate would be based on Iow-
income criteria with a maximum rebate per appliance of $200 at a total maximum rebate
per customer service address of $600 for the Iow-income portion of the rebate. The
second level of rebates would be available to all Ukiah electric utility customers but at a
lower rebate level of $100 maximum rebate per appliance, and a total possible rebate per
customer service address of $300. Staff estimates the expenses to administer this
program would be approximately $25,000 per year. She discussed proposed guidelines for
the rebate program.
She explained that an approved dealer would be one that is willing to participate in the
program. Every appliance dealer in Ukiah would be contacted and asked to participate in
the program, including local dealers or suppliers of photovoltaic systems will also be
notified.
Discussion followed regarding the program and it was noted that a landlord would be
considered a single household and therefore would only be allowed the maximum rebate
for a single household, rather than for each unit in an apartment complex. Staff further
explained that the program could be structured so that customers would be required to
show proof that the old appliance has been removed and not in use and recycling is
encouraged. It was noted by staff that consideration should be given to making an
agreement with the appliance dealers that they not attempt to resell the old appliance.
Councilmember Libby inquired if the program would include rebates to commercial units
for such things as water heaters or weather stripping.
In response to an inquiry by Councilmember Libby with regard to rebates for commercial
users, Ms. Burck explained that it was her understanding that the City Council requested a
residential rebate program, however, a commercial rebate program could be developed.
The proposal before Council is for residential units only.
Discussion followed concerning the program and it was the consensus of Council that the
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December 5, 2001
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program specifies that it pertain to an "Ukiah residential utility customers with an active
residential utility account." There was a brief discussion concerning expanding the
program to include both residential and commercial customers, however, it was noted that
there is a limited amount of funds available, and Council's priority concern should be the
residential units.
M/S Larson/Smith adopting Ukiah Utilities Demand-side Energy Management Program,
with the amendment to Section D, Energy Efficiency Program Guidelines, to reflect the
requirement for proof that the old appliance has been decommissioned.
Councilmember Libby commented that she had hoped there would be a consensus of
Council to expand the program to all utility customers because they are all paying the same
rates.
Discussion of the matter continued.
Councilmember Larson felt Council should look at ways to assist small businesses with a
rebate program or conservation incentives.
Councilmember Libby requested that in March, staff provide Council with a
recommendation for allocating additional funds from Public Benefits for a similar type
program for businesses.
Vice-Mayor Baldwin stated he would like to see more of the money go toward making the
rates more progressive.
Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby,
and Vice-Baldwin. NOES: None. ABSENT: Mayor Ashiku. ABSTAIN: None.
8. PUBLIC HEARING
8a. Approval of Application to Demolish Three Structures Over 50 Years Old
Located at 509 Low Gap Road
7:10 p.m. - Councilmember Libby recused herself from the meeting concerning this
matter because her residence is within 300 feet of the project.
Planning Director Stump reported that the owner of the property located at 509 Low Gap
Road has applied for Demolition Permit to demolish three structures on the site.
Demolition of the structures is necessary as the first step in developing the site with an
apartment complex conditionally approved by the City Council in 1999. On November 7,
2001, the City Demolition Permit Review Committee considered the application and
unanimously found that none of the criteria in the UMC applied, and therefore the
structures are not historically or architecturally significant.
Public Hearing Opened: 7:18 p.m.
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December 5, 2001
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No comments received.
Public Hearing Closed: 7:18 p.m.
M/S Smith/Larson approving the Demolition Permit for the three structures located at 509
Low Gap Road.
Vice-Mayor Baldwin explained that he noticed in the report from the Demolition Permit
Review Committee that it was stated that the matter would come before Council as a
Consent Calendar item.
Mr. Stump explained that the UMC was amended recently that changed that provision and
requires a public hearing.
M/S Smith/Larson amending the motion that it be based on the findings that none of the
structures have historical or architectural significance.
Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Vice-
Mayor Baldwin. NOES: None. ABSENT: Councilmember Libby and Mayor Ashiku.
ABSTAIN: None.
7:20 p.m. - Councilmember Libby returned to the meeting.
8. PUBLIC HEARING
8b. Acceptance of Final Report and Closeout of the City of Ukiah's Community
Development Block Grant Program Economic Development
Plannin.q/'rechnical Assistance Project: Feasibility Study for Revolving Low
Fund and Airport Business Plan, Grant g99-EDBG-658
Assistant City Manager Fierro advised the City was awarded a grant for $35,000 (#99-
EDBG-658) from the State of California Community Development Block Grant (CDBG)
program to conduct a study to research Ukiah's business climate given the recent decline
of the timber industry.
Wes Irvin, Senior Associate with Applied Development Economics (ADE), explained that in
1999 ADE assisted the City in obtaining a Planning and Technical Assistance Grant. The
grant covered the topics of: 1) updating economic and demographic information for the
City, 2) recommend an industrial attraction strategy for the City to implement, 3) a revolving
loan program study needs assessment, and 4) an analysis of the City acquired "Langley
property" located at the southern end of Airport Park Boulevard that consists of 19 acres.
He noted that the City applied for, and received, the augmentation to its revolving loan
program. There was analysis of the Langley property and it was found to have 8.8 acres of
buildable land for industrial and commercial uses. The property currently does not have
infrastructure to serve the parcels and it is ADE's estimation that improvements to the site
would cost about $1.1 million, in addition to soil work that may be needed. The property in
its current unimproved state is probably worth $700,00 to $800,000. If it were improved, it
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December 5, 2001
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would probably be worth $2 to $3 million. It is ADE's recommendation that the City market
the property in conjunction with the development now going on at Airport Park Boulevard
and not limit development to industrial but allow commercial and other types of uses
consistent with how that area is currently being developed.
Vice-Mayor Baldwin noted that ADE uses the term "Airport Business Park" and "Airport
Industrial Park" interchangeably and inquired why. The same applies to the targeted uses
for the property of commercial and industrial and he was unsure if they are compatible.
Mr. Irvin advised that it could be assumed that the titles are interchangeable.
Public Hearing Opened: 7:25 p.m.
Judy Pruden, Ukiah, stated that the City's document is very good and is money well spent.
She recommended Council accept the document.
Public Hearing Closed: 7:27 p.m.
M/S Larson/Libby accepting the Feasibility Study for Revolving Loan Fund and Airport
Business Plan that was authored by Applied Development Economics, and formally close
out CDBG Grant 399-EDBG-658; carried by an all AYE voice vote by Councilmembers
present, with Mayor Ashiku absent.
8. PUBLIC HEARING
8c. Acceptance of Final Report and Closeout of the City of Ukiah's Community
Development Block Grant Program Economic Development Plannin_~/
Technical Assistance Project: Palace Hotel Re-Use Study, Grant #00-EDBG-
727
Assistant City Manager Fierro advised that employees of the firm of Applied
Development Economics (ADE), who completed the study, and Mogavero Nodestine
Associates, an architectural firm that worked with ADE on this project, would provide an
overview of the project to Council.
Wes Irvin, Senior Associate with ADE, and Project Manager on this project, explained that
ADE came before Council in April 2001 and presented their Demand Analysis and provided
a brief overview of their conclusion through a slide presentation of their scope of work.
They reviewed background information on the Palace Hotel, record measurements and
drawings were taken, structural Building Code and compliance review was made that
included surveys inside and outside the structure, they studied the options for reuse that
included interviews with community members, and develop design alternatives and the
costs associated with the renovation, developed an implementation plan and final report.
This project did not include any detailed or destructive testing for structural and seismic
analysis due to lack of money in their budget. However, a structural assessment was
completed in 1999 that was useful in the preparation of this report.
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December 5, 2001
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He advised that the City has applied for and received a grant for $20,000 under the
Downtown Rebound Program in order to complete a more detailed seismic analysis of the
structure and it should be completed early next year.
Key factors in deciding the options for reuse would be the demand for the use, the building
size and condition, parking requirements, the compatibility of that use with the building and
its existing configuration, and the consistency of that use with City goals and objectives.
The potential reuse options that they concentrated on were housing and ground floor
commercial use. The building consists of approximately 60,000 sq. ft. of usable space, and
as such, there was not enough demand for a single use to fill the building. ADE
recommended a multi-use design, which would include market rate condominiums, a full
service restaurant, selected areas of specialty retail on the ground floor, a 25-room
boutique hotel geared towards sophisticated business and leisure travelers, and offices for
business interests. He noted that since the building takes the entire site, parking was not
possible to incorporate into this mix.
Jeff Lehigh, employed with the firm of Mogavero Nodestine Associates, explained that his
firm worked on the plan, obtain as-built plans, and obtained a cost estimate for the
conceptual reuse plan for the building. Through the use of slides, he presented visuals of
the floor plans. The project would be constructed in four phases, with the restaurant,
seismic, and code requirements being accomplished in the first phase. The second phase
would include the boutique hotel and the third phase would be the housing. The final
phase would be the tenant improvements and buildout for retail space on the ground floor.
Councilmember Libby inquired as to the location of parking for the structure.
Mr. Lehigh explained that the building takes up the entire lot and therefore the parking
would need to be addressed separately. It most likely would consist of on-street parking,
rented parking in the nearby parking lots, or the owner would need to acquire a site nearby
or create a parking lot. In response to a question from the audience regarding whether the
housing would be Iow-income or up-scale housing, he responded that they looked at the
demand and availability of Iow-income housing, and it was concluded that there is no
shortage of Iow-income housing in Ukiah. A member of the consultant team advised that
they felt it important that all of the uses within the hotel be compatible with each other and
felt that Iow-income housing with an upscale hotel and restaurant would not be compatible.
7:40 p.m. - Mayor Ashiku arrived at the meeting.
Mr. Lehigh explained that they assessed the feasibility of renovation and determined that
the cost would be approximately $4.5 million, of which $1.5 million includes seismic and
retrofitting that would need to occur at the beginning of the process. He felt it is a risky
commercial investment from a private standpoint and public subsidies would be important.
The cost to demolish the Palace Hotel and construct a new building would be
approximately $1.1 million and it would cost approximately $3.5 million to construct a
30,000 sq. ft., three-story building with 50% lot coverage. He explained that the owner's
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December 5, 2001
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options are to rebuild the structure and operate it immediately, to rebuild in phases and
operate it over time, to rebuild and sell it after it is fully operational, to sell it as is (the
current assessed value is $165,000 for the land and the building has no assessed value),
the owner could take partners to spread the risk, obtain subsidies to limit the risk, or walk
away from the project (which is not recommended).
The City's two main options are 1 ) to promote and commit to assist with renovation, and 2)
to allow the building to be demolished and install a new use on site. The owner's choices
and resources dramatically impact what the City's options are and visa versa. He
continued to discussed details of these options with Council that included the option of
using Redevelopment Funds. The City should continue to work closely with the owner to
define the building's future and recommend some sort of subsidies be found or developed.
Meanwhile, it would not hurt to issue a call for developers to find out how much demand
there would be for a raw site in the downtown area. Another issue to consider is parking.
ADE strongly recommends that the building be sealed and weatherized so degradation to
the structure ceases to continue. The uses proposed by ADE will provide about 65
employees once the building is fully occupied.
City Manager Horsley recommend that since the owner of the property is not in
attendance at this meeting, that Council approve a letter be sent requesting she attend a
Council meeting so that Council can discuss the matter with her. The City has stepped
forward and obtained two grants, had the study performed, and now the owner needs to
address Council at a meeting about her intentions for the site so that the City has a clear
picture before it makes a decision as to whether or not the City should become involved
with the property.
Councilmember Smith recommended the letter state that the meeting takes place as
soon as possible.
Discussion followed concerning the need to establish a time frame, goals, and certain
criteria before Council takes action regarding the property.
Public Hearing Opened: 8:44 p.m.
Mary Lindley, Ukiah, inquired about the disposition of the garage beneath the hotel and
explained that there were gas pumps and a number of parking areas at that location. She
did not want to see the structure abandoned if it is to be refurbished again.
Aileen Brown, Ukiah, advised that she represents the Savings Bank of Mendocino County
and has had an opportunity to read the report. She noted their concern for parking in the
area because the Savings Bank's parking lot is used by patrons of the Post Office and
other surrounding businesses due to the lack of adequate parking. The Savings Bank is
also concerned with asbestos in the building and noted estimated costs for its removal.
The Savings Bank is also concerned about the use of public funds for this project. She
noted that the owner has not kept the building clean. While this plan looks good, she
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December 5, 2001
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questioned how feasible it really is.
Judy Pruden, Ukiah, complimented Advanced Development Economics on their study.
She advised that the parking garage was located at the former site of the Mendocino Book
Company on North School Street and was enclosed some years ago. The basement is a
small area and before 1929 it had some oil cisterns in it then the Palace Hotel was
converted to natural gas in the 1970's. She advised that he extensive research on the
matter revealed there are no buried tanks on site. She felt that asbestos, unless it is
friable, is not an issue. She noted that structures in the Downtown Parking District are not
required to provide additional parking for a project. She has been a strong advocate that
the City acquire property on Smith Street to construct a second story parking garage over
the top of Henry Street and she strongly urged the City Council/Ukiah Redevelopment
Agency to consider a two-story parking garage to increase parking in the downtown area.
She recommended that Council accept the Block Grant as being very thorough.
Chet Collins, Ukiah, advised that there is a parking lot north of the public library on North
Main Street that could also be used for parking in the downtown area.
Charles Mannon, President of the Savings Bank of Mendocino County and an Ukiah
resident, stated that Council is attempting to save a decrepit old hotel that has provided
nothing but blight in the downtown area for the past 15 years. He voiced his opposition to
the City using public funds to obtain reports for a business owner who doesn't even attend
Council's meetings.
Mayor Ashiku called to Mr. Mannon's attention that the City is moving forward to provide a
level of due process for the owner to ensure that if the City decides to pursue demolition of
the building or condemnation of the property, the City will have information concerning its
options.
City Manager Horsley explained that the City couldn't condemn a building unless there is
a health or safety reason. The study has provided options to Council and has also given it
a timeline.
Linda McClure, Ukiah, advised that she is not convinced that there isn't a need for Iow-
income housing.
Public Hearing Closed: 8:45 p.m.
Mayor Ashiku referred to a tour of the structure that he took with Councilmember Smith
last year and at that time the owner promised them that there would be some decisive
action taken to secure the building.
City Manager Horsley explained that many improvements were made to the structure
such as installing plywood over broken windows and dismantled the sagging awning. They
also hired a maintenance firm in Ukiah for the City to contact regarding maintenance
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December 5, 2001
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issues. The owner has met with this group several times as the study progressed.
Mr. Irvin explained that the owner attended three meetings and was interested and took
the information they provided to her. However, they have not seen any outcome from the
meetings with her. He reminded Council that the owner provided the funds for the
matching cash for the grant.
Assistant City Manager Fierro confirmed that Questex, the partnership that owns the
Palace Hotel, did provide approximately $4,300 towards the study.
Discussion continued with regard to broken windows in the building and maintenance
neglect. It was noted that the building would continue in its present state of decay unless
there is a firm commitment and immediate decisive action on the part of the owner.
Council was in agreement concerning the importance of establishing a short-term
timeframe for the property owner to respond.
There was discussion relative to the preparation of the seismic study and it was felt that the
study is very important because it may provide more information that could be relevant to
taking further action regarding the building. It was also noted that cooperation is needed
from the property owner for the seismic study. The seismic study is scheduled to be
completed in the spring of 2002.
Councilmember Libby inquired if accepting this report would that mean support of any of
the options or would it just acknowledge that the report has been completed.
City Attorney Rapport advised that accepting the study does not commit Council to do
anything but just that the final study has been presented to Council.
Councilmember Libby explained that, based on the structural report, she felt a public
safety issue exists. She was of the opinion that there is a need for Council to take action
immediately and that the seismic study should assist them in their decision. She was not
supportive of the City using public or grant funds and felt the City needs to put extreme
pressure on the owners to do something. She discussed the need for permanent parking
for those using the Palace Hotel as a residence.
Judy Pruden, in response to an inquiry by Councilmember Baldwin regarding tax benefits
to an individual who owns a historic building, responded that there is a 20% tax credit that
the building is eligible for because it is on the National Register. She also noted the
availability of facade easement dedications and relief for seismic retrofit in terms of not
increasing taxes. She referred to the State Historical Building Code as a performance
code that the owner is required to use and eases some of the burdens of renovation and
rehabilitation. Finally, she noted that should the owner dedicate the building to a local
public agency, it would bring the owner a tax break.
Councilmember Baldwin noted that the greatest deficiency he identified in the report was
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the lack of parking. He was of the opinion that the City should continue to work on the
possible renovation of the Palace Hotel. He requested staff advise him of the last date in
which to place this item as a referendum to the voters in the March election.
Mr. Irvin, in response to an inquiry by Councilmember Larson with regard to the return on
the investment if the building were to be demolished and a smaller building constructed,
explained that it is possible that there would be higher revenues. ADE used market rates
to fill the building as renovated; therefore, market rates for similar uses would also apply to
a new 30,000 sq. ft. building. He also explained that if a private concern purchased the
property or was given the property, and paid for the demolition and construction of a new
building, it may be just as risky of an investment.
Councilmember Libby noted that the $4.5 million is only a preliminary cost and
anticipated the cost to increase after a more in-depth seismic report is completed.
M/S Smith/Larson accepting the Final Report and formally Close Out of the City of Ukiah's
Community Development Block Grant Program Economic Development Planning/Technical
Assistance Project for the Palace Hotel Re-Use Study, Grant #00-EDBG-727, with
instructions to staff to prepare a letter to the owners of the Palace Hotel property as soon
as possible inviting them to a meeting to discuss their intentions relative to the property;
carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby,
Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None.
Recessed: 8:30 p.m.
Reconvened: 8:40 p.m.
8. PUBLIC HEARING
8d. Adoption of Resolution Establishing Schedule of Fees and Rates for Garbage
and Recycling Collection Service and Approval of 9% CPI Increase For the
2001/2002 Fiscal Year
Finance Director Elton advised that this action is to formally implement the garbage rates
consistent with what Council previously considered as part of the Transfer Station and
single-stream garbage pick up and implementation plans. Reducing the cost to customers
who dispose of less garbage retains the concept of promoting conservation by reducing the
cost for customers who dispose of less garbage. The proposed rates are based on cost
per gallon in various ranges and there will be no increase to the residential rate unless the
container size changes. All customers experiencing a cost increase have the potential for
reducing their cost if they recycle more and reduce the size of the container they use for
garbage disposal.
City Manager Horsley emphasized that there is a 0% increase for the annual CPI
increase. It also includes the cost for the co-mingled recycling program that is being
implemented in January 2002 whereby customers will receive new containers for both
recyclables and their garbage. She thanked the members of the Waste Committee and
Solid Waste Systems, Inc. for working with the City regarding these rates and being able to
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December 5, 2001
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implement this program at this time.
Public Hearing Opened: 8:44 p.m.
No one came forward.
Public Hearing Closed: 8:45 p.m.
M/S Larson/Smith adopting Resolution 2002-22, Establishing Schedule of Fees for
Garbage and Recycling Collection Services for the 2001/2002 Fiscal Year.
Councilmember Libby inquired if there would be any hidden costs in the ratepayers' bills
and if their bills will remain the same for a 32-gallon container.
Mr. Elton explained that there would be no change in the cost for a 32-gallon container.
However, if their container size increases, they will have an increase in cost. He continued
to discuss container sizes and noted that if more recyclables are taken out of the waste
stream, their container size could possibly be reduced.
City Manager Horsley explained that Solid Waste Systems, Inc. will provide the
containers to customers and they will have automated bins. She emphasized that
educational materials are being prepared by Solid Waste Systems and will be distributed to
customers upon distribution of the new containers.
Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby,
Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None.
10. NEW BUSINESS
10a. Consideration of Observatory Park Conceptual Design and Authorization to
Proceed with Bid Requests
Community Services Director DeKnoblough advised that one of the primary budget
goals of the Community Services Department for fiscal year 2001/02 is to complete the
improvements to Observatory Park and open the park to the public. Staff has completed a
conceptual design, and partial improvements to the park including installation of turf and
irrigation. In order to proceed with improvements in time for the spring season, staff is
requesting Council's approval of the conceptual design as well as the inclusion of recently
requested elements, which have not been previously discussed. In adopting the currently
budget, Council designated $20,000 of Park Development Funds for construction of park
improvements.
Community Services Supervisor Sangiacomo discussed the conceptual design included
with the Staff Report. The site consists of approximately 3 acres with frontage on both
Luce Street and Observatory Avenue. The property is both historic and special in that only
five such International Latitude Observatory sites exist around the world. The City recently
applied for a Park Bond Grant for the purpose of restoring the buildings and surrounding
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December 5, 2001
Page 13 of 17
park area. Should the City receive the Park Bond Grant, staff would return the item to the
Council with recommendations at that time.
The main idea is to create a passive park with limited parking along the street. The interior
of the park is currently turf and the second phase of the conceptual plan consists of
implementing a path around the park and a perimeter landscape. In addition, staff has
worked with a number of representatives from the neighborhood that have suggested
interactive elements within the park. Staff is working with Mendocino County Agricultural
Department and Mendocino College to have plant identification throughout the park.
Another focus of the landscape around the perimeter will focus on native plants species
and to provide additional visual barriers or privacy to the neighbors as well.
Mr. DeKnoblough explained that during one of the community meetings, several
neighbors expressed concern with the loss of privacy, while others found the view of the
park pleasing. He recommended that rather than install a solid wall fence, that staff utilizes
the existing three foot high chain link fence for security and have it bordered with
landscaping which would create a pedestrian barrier. Another request was for a labyrinth
in the park and he expressed some concern with the cost and maintenance of a labyrinth
as opposed to a traditional perimeter path.
He advised that there was also a request from the neighborhood meetings for a memorial
bench and tree program. This would be a way for the City to fund park furniture and would
provide a sense of community. Another element that was requested was a peace pole.
He noted that no such fixture exists in the City's park system. A suggestion was made to
have the word "peace" inscribed on the pole in the four languages of the other observatory
sites so that it ties the pole back to the observatory facility.
Martin Bradley, Ukiah, stated he is pleased to see the City recognizing the International
Latitude of the Observatory Avenue property and at preserving it. He expressed his
interest in the preservation of the park and establishing an international peace pole
inscribed in four languages. He recommended Council's approval on the conceptual
designs mentioned.
Mr. Sangiacomo responded to an inquiry by Councilmember Baldwin concerning the
passiveness of the park, and advised that the park would contain a large turf area that
could be used by the neighborhood for sports activities. He discussed the possibility of
landscaping around markers so as not harm those using the area.
Consensus of Council was very supportive of the conceptual plan, the peace pole, and
many expressed support for the memorial benches. There was some discussion
concerning sponsorship of benches in the park by local organizations.
Councilmember Libby suggested that a continuous bench be constructed around the
large oak tree in the park.
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December 5, 2001
Page 14 of 17
Kristy Kelly, Ukiah, discussed the construction of a labyrinth and explained that there is a
person in Philo who has built many labyrinths. When she last spoke to him a couple years
ago, he quoted her a price of $1,500 for designing and organizing such a project. He also
suggested soliciting volunteers to help with the construction that entails moving earth
around (berms).
Discussion continued with regard to constructing a labyrinth in the park.
M/S Baldwin/Ashiku approving the conceptual design of Observatory Park improvements
and authorizing staff to proceed with Request for Bids to include a peace pole, memorial
benches, and to obtain further analysis for construction of a labyrinth.
Councilmember Libby suggested that staff obtain a cost analysis for the construction of a
continuous bench around the oak tree.
Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby,
Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None.
10. NEW BUSINESS
10b. Consideration of Resolution Calling on the State of California to Take Certain
Actions to Effectively Reduce Lifter on Highway 101 and Throughout the State
Highway System (Councilmember Baldwin)
Vice-Mayor Baldwin explained that he provided a letter to Council stating his views about
extreme littering along Ukiah's Highway 101 corridor and atthe North State Street entrance
to the City. He recommended that Council consider adopting a Resolution that could be
sent to other jurisdictions and the State of California. He felt the situation is extremely bad
and the Adopt-A-Highway program is not working.
Councilmember Baldwin presented Council with a video of litter in the local area. He
recommended that the state take over the Adopt-A-Highway program and use a tax to fund
it. It was his personal estimate that approximately 80% of the litter is derived from fast food
establishments.
Councilmember Smith advised that he is supportive of a resolution, however, he could
not support terminating the Adopt-A-Highway program. He felt a resolution would put the
state on alert that Council has concerns about the matter.
Discussion followed concerning the two resolutions contained in Councilmember Baldwin's
report. There was further discussion concerning the effectiveness of the Adopt-A-Highway
program. The difficulty of litter enforcement was noted.
Councilmember Libby noted that there are laws against littering and she could not
support imposing a tax on selected businesses because Councilmember Baldwin thinks
they contribute to the litter problem. She felt it makes more sense to have the sponsor of
an Adopt-A-Highway section clean the area up more than four times each year. She also
Regular Meeting
December 5, 2001
Page 15 of 17
noted that County prisoners also clean up along the highways.
Mayor Ashiku was of the opinion that we need to deal with cleaning up the waste problem
and educating the public on the issue. He voiced his support of adopting a resolution if the
tax on fast food were to be eliminated, and to call for some amendment to the Adopt-A-
Highway program to make it more effective. If the sponsor of an Adopt-A-Highway section
does not keep their section clean, they should pay for the privilege of having their
advertisement on the highway.
Discussion continued with regard to revising a resolution and directing staff to provide
Council information on the Adopt-A-Highway program. There was discussion of the lack of
education to children with regard to littering. It was the consensus of Council that
Councilmember Baldwin would rewrite the resolution incorporating the suggestions of
Council.
11. COUNCIL REPORTS
Councilmember Larson reported that he attended the Police Department dinner. He also
attended a JPA meeting and it was decided to pursue adoption by their members and the
District of the JPA agreement with no set timeframe for implementation. They will be
reviewing the JPA contract for the last time on December 12, 2001 and then it would go to
the City Council for adoption, implementing the JPA and making a statement that there
would be consolidation of the fire departments with no set schedule for the actual
consolidation of services until some problems are worked out.
He attended a MSWMA meeting and sat in the negotiations with the Fire Employees union
arbitration.
He explained that Councilmembers should h'ave received information concerning a sales
tax survey that was conducted in Lake County by Dow and Associates who manage
MCOG. Some very positive results were received regarding voter support for a $0.25
sales tax increase specifically targeted for the maintenance of roads. Ukiah may be asked
what it might want to see in such a survey because the survey would be Countywide but
would also be City specific. The goal is to get a ballot measure on the November ballot.
The City is also being asked to provide support for ACA4 that is going to be Proposition 42
on the November election. It will be a constitutional amendment requiring the state to
spend the sales tax that's collected from gas sales on roads for transit purposes.
Councilmember Libby reported that she attended the Police Department Christmas Party.
She attended the grand opening of the Orchard Inn. She felt it should be noted that she
had a formal complaint by the owner pertaining to a Planning Commissioner. When he had
to appear before a Commission for his project, he felt they were very rude to him.
Councilmember Baldwin reported that his wife became a citizen of the United States
yesterday. He attended the JPA Fire District meeting and felt it was very positive.
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December 5, 2001
Page 16 of 17
Mayor Ashiku reported he attended the Orchard Inn/Best Western Motel grand opening.
Mayor Ashiku announced that NCPA will hold their annual meeting in Sacramento around
January 22, 2002 and encouraged Councilmembers to attend.
12. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS
City Manager Horsley reported that December 7 is the City Employee's Christmas Party
and 185 people have signed up to attend. Council will present pins for service to
employees and the two Employees of the Year will be announced.
She reminded Council of the clean heating in the Ukiah Valley and Council commissioned
a piece on clean burning of wood stoves when she distributed to Council. The Economic
Development Brochure has finally been completed and she thanked Assistant City
Manager Fierro for his work on the brochure. She also displayed the City's tourism
brochure to Council. She reported that she received a call regarding the Martin Luther
King Day celebration and their request for funding.
Discussion followed concerning the need to have an application and information from those
organizations that request funding from the City.
13. CLOSED SESSION
None.
14. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 10:23 p.m.
Marie Ulvila, City Clerk
Cathy Elawadly, Recording Secretary
Regular Meeting
December 5, 2001
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