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HomeMy WebLinkAboutMin 12-06-00MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, December 6, 2000 The Ukiah City Council met at a Regular Meeting on December 6, 2000, the notice for which had been legally noticed and posted, at 6:45 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Smith, Libby, Baldwin, Ashiku and Mayor Mastin. Staff present: Public Utility Director Barnes, Community Services Director DeKnoblough, Assistant City Manager Fierro, Risk Manager/Budget Officer Harris, City Manager Horsley, City Attorney Rapport, Public Works Director/City Engineer Steele, Planning Director Stump, Police Chief Williams, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Mayor Mastin led the Pledge of Allegiance. 3. PRESENTATION 3a. Adoption of Resolution DeclarinR Results of Municipal Election of November 7, 2000 and SwearinR In Ceremony for Mayor, Councilmembers, City Clerk, and ,City Treasurer City Clerk Ulvila advised that the November 7, the Mendocino County Clerk has certified the November 7, 2000 City of Ukiah General Municipal Election and now Council must adopt a Resolution declaring the results of the Election. She noted a correction to the Resolution on page two and that the Resolution should show Jim Mastin, Mayor, signing the Resolution. MIS AshikulSmith approving Resolution 2001-33, Reciting the fact of the General Municipal Election held on November 7, 2000, declaring the result and such other matters as provided by law; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. City Clerk Ulvila administered the oath of office to Mayor Phillip Ashiku, Councilmember Roy Smith, Councilmember Eric Larson, and City Treasurer Allen Carter. Mayor Ashiku administered the oath of office to City Clerk Marie Ulvila. Recessed: 6:55 p.m. Reconvened: 7:00 p.m. 3. PRESENTATION 3b. Presentation Re.qardin.q School Street Tree Li.qhtin.q Pro.qram City Manager Horsley advised that the City of Ukiah worked with the Main Street Program in joint partnership to place permanent electrical fixtures on School Street for lighting the trees and providing an electrical outlet to vendors at special events on School Street. A Press Release announcing the goals of the project and requesting donations from the community went cut via the media and nearly 48 people donated a total of $8,000 toward December 6, 2000 Page 1 of !1 this project. City staff went out to bid for an Electrical Engineering firm to design the project and City crews, mainly from the Street Department, but also with assistance from the Parks, Golf, Water, and Electric Departments, spent weeks on School Street trenching for the conduit placement as all work had to be done by hand. She commended City crews for their coordination of this entire project. Total cost for the project, including labor, equipment, and materials, came to $33,000. Ed Eversole, on behalf of the Main Street Program, thanked the City and read a list of City employees who helped on the project. He presented a plaque to City Manager Horsley in recognition and appreciation of a partnership contribution, enthusiasm and hard work towards the success of the 1999/2000 tree lighting project, "Avenue of Lights". He invited everyone to the tree lighting ceremony scheduled for 6:00 p.m. on December 7, 2000 at the corner of School and Perkins Streets. Christine Dillard, Executive Director for the Main Street Program, thanked City crews, noting they worked very hard and overcame many unexpected obstacles. Mayor Ashiku acknowledged the public/private partnership for this project worked great and will benefit the citizens of the community. 4. MINUTES 4a. Regular Meetinq of November 15, 2000 MIS Smith/Baldwin approving the minutes of the November 15, 2000 Regular Meeting as presented, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: Councilmember Larson and Mayor Ashiku. 5. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 6. CONSENT CALENDAR Councilmember Baldwin requested that item 6c, Report to Council Regarding Advertising for Vacancy on the Planning Commission and Acceptance of Resignation of Eric Larson from the Planning Commission, be removed from the Consent Calendar and included on the regular agenda. MIS Smith/Baldwin approving items a through i of the Consent Calendar, excluding item 6c, as follows: a. Rejected Claims from Betty Louise Clappier, Independent Adult Services, and Erika K. Young, and Referral to Redwood Empire Municipal Insurance Fund; b. Received Notification to Council Regarding the Award of Bid for the Purchase of Electric Meters to WESCO in the Amount of $6,123.98; d. Received Notification to Council Regarding Purchase of a Used Forklift from Accurate Forklift, Inc. for the Amount of $9,920.63; e. Authorized Sole Source Purchase of Computer Voice Stress Analyzer From National December 6, 2000 Page 2 of 11 Institute for Truth Verification in the Amount of $10,417.19; f. Authorized Sole Source Purchase of a Digital Voice Recording System from Dictaphone Corporation for the Sum of $20,969.23 Through California Multiple Award Service Contract; g. Received Request for Authorization of 32-Hour "Personnel Assistant" Position; h. Adopted Resolution No. 2001-34 Waiving the 60-Day Notification Requirement for Establishing a County Facility in the City ('425 South Orchard Avenue and 625 Kings Court) Pursuant to Government Code §25351; i. Authorized Purchase of 2000 Factory DemonstratorType-3 Ambulance From Braun Handcrafted Ambulances in the Amount of $75,552.25 and Approval of Budget Amendment. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. Item 6c will be heard as 9f on the Agenda. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Jim Mulheren, 621 Capps Lane, encouraged the City to close off the entire length of State Street for next years' Truckers Light Parade for safety purposes. He discussed vehicle traffic traveling on State Street while bystanders and children were sifting on curbs or standing in the street watching the parade. 8. UNFINISHED BUSINESS No business. NEW BUSINESS 9a. S.election and Appointment of Vice-Mayor City Clerk Ulvila reported that on November 7, 2000, Phillip Ashiku was elected Mayor, leaving the position he held as Vice-Mayor vacant. The present City Council needs to appoint a new Vice-Mayor. For background, the Vice-Mayor has historically been the Councilmember with the most tenure on the City Council. MIS Larson/Ashiku appointing Phil Baldwin Vice-Mayor, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS 9b. Appointment of City Council Members to Various Committee/Commission Assignments City Clerk Ulvila advised that with the recent election of Mayor and two Councilmembers, the City Council's committee/commission assignments are in need of review and new appointments considered. Mayor Ashiku requested Council submit their preferences for consideration at the next meeting. December 6, 2000 Page 3 of ! ! NEW BUSINESS 9c. Status Report ReRardinR the Proposed Revisions to the Hillside Zonin,q Re.qulations and Current Projects Within the Hillside District Planning Director Stump explained that staff has been working on revising the regulations for the hillside zoning for some time. The Planning Commission conducted a workshop last May to discuss staff initiated revisions to the hillside zoning regulations. At that time, the Planning Commission requested staff conduct a considerable amount of research and bring this information back at a second workshop. A second workshop with the Planning Commission is tentatively scheduled for January 2001, provided that the technical research can be completed. He discussed the Nix Use Permit, which was approved in 1989, and the single-family residential project still under construction. To date, the vegetation management, grading, rock extraction, access roads, and drainage facilities have basically been completed, and the home and shop are under construction. Based on staffs review of the project, it appears that the project is being constructed in substantial conformance with the approved plans. The Hull/Piffero Subdivision is another proposed development on the western hills. The project is located above the Nix property and the applicants have submitted a subdivision application to divide an existing 40-acre parcel into 5 new parcels ranging in size from approximately 5 to 15 acres. He discussed proposed road improvements, vegetation removal, and various grading for the project. After two years, the applications have been deemed "complete" for processing and staff is currently preparing an Initial Study of potential environmental impacts that could result from the proposal. Staff will be making a determination in the near future regarding what type of environmental document will be required for the project to comply with the California Environmental Quality Act. Mr. Stump explained that Planning Staff has been analyzing comments and suggested revisions to the Hillside Ordinance that were presented at the workshop and they will be brought forward for the Planning Commission's review. Of particular importance to the Planning Commission is the build-out potential on the western hillside and he discussed the difficulty in making such a determination. There could be many workshops with the Planning Commission before the matter is brought before Council for consideration. Staff is also analyzing the potential environmental affects the Hull/Piffero Subdivision will have on the environment. Councilmember Baldwin inquired of the City Attorney if Council could direct Planning staff to review the Hull/Piffero Subdivision application based on the proposed Hillside Ordinance regulations. City Attorney Rapport advised that the review would need to be conducted with the regulations in affect at the time of review. However, if the regulations changed during the process of reviewing the project, the new regulations may be applied at that point, unless the permit has already been issued. December 6, 2000 Page 4 of ! ! Leif Farr, 616 Grove Avenue, former member of the Ukiah Planning Commission, discussed the history of how the Nix project was evaluated, and noted that the project started without permits. He discussed how efforts failed to revise the City's hillside ordinance before the grading and cutting project on the Nix property was approved. He applauded City staff for their efforts to monitor projects for compliance and to initiate review of the Hillside Ordinance. Terry Poplowski, 612 Walnut Street, expressed concern with the Nix project and the Hull/Piffero Subdivision project. He stressed that Council be vigilant in dealing with these projects and to take careful note of the upcoming environmental review in light of the nature of the soils on the hillsides and the damage that too much grading can cause to land and streams. Mr. Stump advised that Planning staffwould formulate recommendations to the Planning Commission during the Public Hearing process that follows the workshops. He noted that the engineering firm under contract provided annual inspections with the property owner. He will hopefully visit the Nix and Hull/Piffero properties this week and will report back to Council. The City's Building Inspector has been inspecting the Nix construction project. Councilmember Smith expressed a desire to accompany Mr. Stump on this inspection of these properties. Discussion followed concerning build-out potential and subdividing properties on the western hills. The City's Fire and Engineering Departments have taken an active roll in review of projects. There was also a brief discussion of the previous history related to the establishment of the hillside ordinance. Staff resources available to accomplish the task of determining the build-out projections were also addressed. A key variable to the development of the western hillside is fire protection. Consensus of Council directed the City Manager to make arrangements for the City of Ukiah Fire Department and California Department of Forestry to provide Council with a review of the firebreak along the western hills. Joan Hermann, 404 Oak Park Avenue, and 60-year Ukiah resident, discussed her concerns with disturbance of vegetation on the western hills. She encouraged the City to take these concerns into consideration. Bruni Kobbe, Standley Street, explained that many neighbors are concerned with the developments on the western hillside. She stressed that Council pay close attention to the Planning Commission and considers their recommendations. NEW BUSINESS 9d. Status Report ReRardin.q Signs Proposed for the New Thurston Auto Plaza Located North of the City Limits Planning Director Stump advised that as part of his new auto plaza project north of the December 6, 2000 Page 5 of ! ! City limits, Mr. Dennis Thurston is seeking relief from a number of County sign regulations. At the request of the County, staff responded to the proposal by submitting a letter objecting to the proposed variances for the Highway 101 signs. Staff expressed concern that the signs were inconsistent with the purpose, intent, goals, and policies of the Draft Ukiah Valley Area Plan and also with what the City is attempting to achieve in the City limits. Staff concluded further that the signs would be distinctly out of place in the rural scenic setting of the site, and would conflict with the broader goal of establishing a consistent approach to design in the Ukiah Valley. The County's conclusion was similar to the City's and they are recommending a compromise to the original proposal. He briefly discussed the Fowler Auto Dealership signs at their new location along Highway 101 in the Airport Industrial Park (ALP) and the Planning Commission's decision to allow an eight-foot monument sign instead of allowing Mr. Fowler to relocate an approximate 20- foot tall pole sign to that location. Other smaller signs were also allowed for this project. He explained that the County Code allows a 25-foot sign. He felt a 20-foot sign could be tastefully placed on the Thurston project site since the site elevation is lower than the freeway elevation. Further discussion followed concerning the Ukiah Valley Area Plan and the importance of improving the relationship between Mendocino County and the City of Ukiah in many urban and regional issues. Judy Pruden, Ukiah, advised that many people have contacted her about the sign proposal for the Thurston project and voiced no support for proposed signage. She discussed signage statistics for the project, the Fowler Auto Center project in the AlP, and felt it is important that Council let the Board of Supervisors know that they are supportive of staff's comments, and that Council ask that the height not be any higher than what the City has already approved at the AlP, which is eight feet. She felt it is important that Council make a statement regarding the signage issue. She noted that the Board of Supervisors would address the signage proposal on December 12, 2000. Rosalind Peterson advised that she is distressed that Thurston is requesting signs of 60 feet in height, lighted signs, and variances for signs on buildings as well as those along Highway 101 and State Street. She discussed the lack of landscaping for the project, and other variances that have not been approved by the County. She requested Council formally voice their opposition to the project. Councilmember Baldwin inquired if County Planning Commissioner McCowen would be willing to enlighten Council on the history of the project. John McCowen, felt it inappropriate to respond at this time, however, he advised that the matter did not come before the County Planning Commission. Discussion of the County Planning Commission process was reviewed with regard to the Thurston project. It was noted the County Planning Commission process is very different from the City's Planning Commission with regard to discretionary review of signage and landscaping. December 6, 2000 Page 6 of ] ! Mr. Stump stated that the County would need to make required findings in order to grant the variance. It was his recollection that the maximum height limitation by the County Code is 25 feet along the freeway, and no electronic message signs are permitted. Discussion followed concerning whether Council could take action on this matter at this time. A review of how the item was agendized deemed there was not adequate notice, under the Brown Act, for Council to take action at this time. However, Council could direct staff to draft a stronger letter to the County expressing Council's concern about the project. MIS Baldwin/Smith refusing to accept staff's Status Report and directing staff to draft a stronger letter to the County opposing any form of variance to the existing County sign ordinance for the Thurston project. Discussion followed with regard to the acceptance of the Status Report. MIS Baldwin/Smith amending previous motion to receive staff's Status Report and directing staff to send the County Board of Supervisors an even stronger letter opposing any form of variance for the Thurston project in terms of signage and landscaping. Discussion followed with regard to landscaping requirements and it was noted that the County is not considering landscaping for this project at this time. Further discussion was had with regard to the County taking into consideration the City's standards, the City of Ukiah General Plan, and the proposed Ukiah Valley Area Plan. MIS Baldwin/Smith amending previous motion that Council receive staff's Status Report and directing staff to send the County Board of Supervisors a strong letter opposing any form of variance for this project in terms of signage and to also consider the standards used by the City of Ukiah in evaluating the Fowler Auto Center project at the Airport Industrial Park, and sensitivity to the proposed Ukiah Valley Area Plan, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS 9e. lntroduction of Ordinance Amendinq Section 1607 of the Ukiah City Code Re.qardin.q Claim Filing Procedures City Attorney Rapport advised that the proposed Ordinance amends Section 1607 of the Ukiah City Code. Normally, anyone that has a claim for money or damages against the City has to file a claim with the City first before they could file a lawsuit to seek to recover those damages or monies. There are certain exceptions in the Code from that requirement but there is a specific provision in the California Tort Claims Act that allows the City to adopt an ordinance that requires them to file that claim in the same way that other claims are filed. The 1989 ordinance only refers to the City and does not expressly mention other City agencies or departments, although referring to claims against the City of Ukiah implied that. In order to make this clear in the ordinance itself, he recommended an amendment to the ordinance which adds that claims apply, not only to the City, but also to it's agencies or departments as well. The proposed ordinance clarifies who is required to file a claim December 6, 2000 Page 7 of ! ! with the City. MIS Baldwin/Smith to introduce Ordinance by Title only, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. City Clerk Ulvila read the title of the Ordinance. MIS Baldwin/Smith to introduce Ordinance, carried by the following roll cell vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS 9f. Consideration and Adoption of Resolution Approvin.q Memorandum of Understandinq for Employee Bar,qainin.q Unit- Management City Manager Horsley advised that the matter would be discussed during Closed Session and would be considered as 9g on the Agenda. 9f. (Formerly 6c) Report to Council Regarding Advertisin.q for Vacancy on the Planninq Commission and Acceptance of Resiqnation of Eric Larson from the Planninq Commission Councilmember Baldwin stated that he would like Council to postpone appointment to the Planning Commission so that Council could consider changing the policy for selecting Planning Commissioners. He recommended Council adopt a policy whereby each Councilmember would appoint one Planning Commissioner for their term of office rather than the nomination process currently in place. Discussion followed concerning Councilmember Baldwin's proposal. It was noted that the City Clerk has prepared the Press Release advertising for appointment to the Planning Commission and that it is within Council's discretion to change the date of the appointment. However, Council does not have the authority to change the process for selection of a Planning Commissioner to fill the current vacancy at this time. City Attorney Rapport advised that in order to change the selection process for the Planning Commission, an amendment to the City Code would be needed and could be enacted by adoption of an ordinance making such changes. The ordinance would be introduced, then adopted at a subsequent Council meeting, and would then be effective 30 days thereafter. MIS Baldwin/Ashiku to postpone the scheduled appointment to the Planning Commission until Council has considered amending the City Code regarding the process whereby Planning Commissioners are appointed. Mayor Ashiku was of the opinion that, due to the timely issues of the City's Planning Department, it is important not to delay appointment to the Planning Commission. He also noted that the term of the Planning Commission vacancy will expire in June 2001, and Council would have an opportunity at that time to address the issue. He did not want to December 6, 2000 Page 8 of ! ! deprive the Planning Commission of a full Commission during the next few months Motion failed to carry by the following roll call vote: AYES: Councilmember Baldwin. NOES: Councilmembers Larson, Smith, Libby, and Mayor Ashiku. ABSENT: None. ABSTAI: None. M/S Larson/Smith to accept the resignation of Eric Larson on the Planning Commission and receive report that the vacancy has been advertised for appointment. Discussion of the current nomination process followed. It was suggested that Councilmember Baldwin bring his proposal back to Council in April 2001 and if approved, would become effective by June 2001 when further appointments to the Planning Commission are scheduled. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 10. CITY COUNCIL REPORTS Councilmember Larson attended the Small Town Christmas ceremony and he also attended the Police Officers Christmas party. Councilmember Smith encouraged everyone to attend the street lighting ceremony tomorrow night. He reported that Christine Dillard has submitted her resignation to the Main Street Board. There Main Street Board of Directors and the Chamber of Commerce have established a joint committee to explore collaborating their efforts. Today he attended a meeting of the Workforce Investment Board. A presentation was made regarding the Mendocino County Child Care Planning Council 5-Year Strategic Plan. Of particular importance is a section titled "Partners with a Role to Play" that lists organizations, including City Councils. Concerns were identified concerning the role that City Councils would play with regard to zoning issues that may arise relative to childcare. He attended the Small Town Christmas presentation and the Truckers Parade. He briefly discussed traffic during the parade and noted consideration should be given to closing State Street during the parade. He also attended the Police Officers Christmas party and was impressed with their program. Councilmember Libby reported attending the open house for the Grace Hudson Museum. She also attended the Police Officers Christmas party and the Small Town Christmas celebration. She noted that a lapse in time between the Small Town Christmas program ending and when the Truckers Parade began. She recommended that in the future, Christmas music could be aired during this lapse in time. She reported that EDFC sponsored her attendance at a workshop for community fundraising and the techniques of fundraising. She felt this would also be very helpful sitting on the Recreation and Community Center Committee for their fundraising. December 6, 2000 Page 9 of 1! Last week she attended the Mendocino County Flood Control District workshop on water rights. She felt it was very educational and they also made it very clear why we need to document our use of water when we want to apply for a water license, MCOG had a meeting this week and it received the unmet transit needs for 2001-2002. They voted to reaffirm the second amendment to their STIP program for the California Western Railroad projects. Approximately $524,000 has been designated for railroad funding. EDFC met today and Janet Thomas was voted as a new Board member. The audit for 1999-2000 was accepted. Councilmember Larson inquired if MCOG had discussed the increased cost for the Willits Bypass, and if they would reconsider their previous allocation of approximately $17 million in STIP funding for the project. Councilmember Libby explained that MCOG discussed the matter and noted that the original allocation would not change. She noted that MCOG Board members are planning a workshop in January 2001 concerning the various funding sources and how the funds are appropriated. Councilmember Larson inquired if MCOG will be making decisions at this workshop and if Council would have an opportunity to provide direction as far as the allocation method, and if it would come to the City Council for consideration. He stated that he would like Council to be able to consider what the City's position on the funding allocation plan and direct its representative on MCOG to vote accordingly. Councilmember Libby advised that the MCOG Board would be providing their recommendations for funding. She can make available MCOG materials for the workshop to Council City Manager Horsley explained that she would contact Phil Dow about the agenda for the workshop. Councilmember Baldwin had nothing to report. Mayor Ashiku reported that he attended the Police Officer Christmas party. He also attended a portion of the Mendocino County Flood Control District and noted his disappointment with their reluctance to answer a number of questions that were brought forth by the audience regarding the process of ascertaining allocations in the development process in relation to the District. 11. CITY MANAGER/CITY CLERK REPORTS City Manager Horsley advised that Dan McKee, former reporter for the Ukiah Daily Journal, has accepted the editorship of the Willits News. She noted that Mr. McKee has been very fair to the City in his reporting. December 6, 2000 Page 10 of ! 1 The City's Web site design is about 70% complete and she will provide information to Council so they can review the City's Web page and provide comments to staff. City Clerk Ulvila advised that the latest edition of the Roots of Motive Power Newsletter, A Celebration of $O Years in the Redwoods, was received this week and is available for Council's review in the Council office. Recessed: 8:37 p.m. Reconvened: 8:45 p.m. Adjourned to Closed Session: 8:45 p.m. 13. CLOSED SESSION a. C.C. ~54957.6 - Conference with Labor Ne.qotiator Employee Negotiations: Management Unit Labor Negotiator: Candace Horsley b. C.C. §54957.6 - Conference with Labor Ne.qotiator Employee Negotiations: Electric Unit Labor Negotiator: Candace Horsley Reconvened: 9:34 p.m. 9f. Consideration and Adoption of Resolution Approvin.q Memorandum of Understanding for Employee Barqainin.q Unit - Mana.qement MIS SmithlLarson adopting Resolution No. 200t-35, Approving the Memorandum of Understanding between the City of Ukiah and the Management Unit, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, and MayorAshiku. NOES: Councilmembers Libby and Baldwin. ABSENT: None. ABSTAIN: None. 14. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 9:35 p.m. Marie UIvila, City Clerk December 6, 2000 Page 11 of ! !