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HomeMy WebLinkAboutMin 08-03-05 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 August 3, 2005 Commission Applicant Interviews: Airport Commission and the Paths, Open Space and Creeks Commission. The Ukiah City Council met at a Regular Meeting on August 3, 2005, the notice for which had been legally noticed, at 5:22 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. 1. ROLL CALL- Present: Councilmembers Crane, McCowen, Rodin, Baldwin (arrived at 5:30 p.m.) and Mayor Ashiku. Staff present: City Attorney Rapport, Airport Manager Richey, Planning Director Stump, and City Clerk Ulvila. Council interviewed applicants Bill Beard and Benjamin Winter for the Airport Commission; and Ms. Lindsay Leland and James Connerton for the Paths, Open Space, and Creeks Commission (POSC). It was noted that Dan Holbrook submitted an application for reappointment to the POSC, however, was unable to attend the interview session. Recessed: 5:46 p.m. Reconvened: 6:06 p.m. 1. ROLL CALL- Present: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. Staff present: Fire Chief Latipow, City Manager Horsley, Finance Director McCann, City Attorney Rapport, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE: Mayor Ashiku led the Pledge of Allegiance. URGENCY ITEM: City Manager Horsley announced that there is a need to take immediate action on a matter and the need for action came to the attention of the City subsequent to the agenda being posted. The Urgency Item concerns: Adoption of Resolution approving the submittal of an application to the California State Department of Housing and Community Development for funding the Clara Court Apartments under the HOME Investment Partnerships Program. M/S McCowen/Crane to place Urgency Item on the Agenda as item "1 Od", carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. Mayor Ashiku announced that a special presentation to the Council is requested. Jamie Connerton, member of the Paths, Open Space, and Creeks Commission (POSC), advised that former POSC chairman Bill Randolph passed away on Monday. He discussed Mr. Randolph's Regular City Council Meeting August 3, 2005 Page 1 of 8 contributions to the City as a former Planning Commission erand current member of the POSC. An informal memorial is scheduled on August (~h at Todd Grove Park. Members of the City Council expressed their condolences to Mr. Randolph's family and commended his involvement in community projects. 3. PRESENTATION 3a. Presentation by Lorraine Duvernay Regarding the Small Business Development Corporation Expansion Into Mendocino County City Manager Horsley introduced Lorraine Duvernay; representative of Small Business Development Corporation (SBDC) and noted SBDC is interested in establishing a field office in Mendocino County. Lorraine Duvernay explained that currently SBDC is operating out of Sonoma County and is looking to expand its role in Mendocino County. She provided background on its small business center and outlined how SBDC can assist small businesses. The Economic Development Financing Corporation (EDFC) has offered an office to SBDC personnel in Ukiah and they are working on finalizing plans to come to Ukiah in the very near future. She explained the need for the business expertise that SBDC can provide to local businesses and start-ups including professional business counseling and training. 4. APPROVAL OF MINUTES 4a. Joint Meeting of the City Council & Ukiah Valley Sanitation District - July 147 2005 Minutes of the July 14, 2005 meeting continued to the August 17, 2005 meeting. 4. APPROVAL OF MINUTES 4b. Regular Meeting Minutes of July 207 2005 Minutes of the July 20, 2005 meeting continued to the August 17, 2005 meeting. 5. RIGHT TO APPEAL DECISION: Mayor Ashiku read. 6. CONSENT CALENDAR: Mayor Ashiku read. Councilmember Rodin requested item "6g", concerning the Adelphia franchise agreement, be removed from the Consent Calendar for further discussion. After a brief discussion by Council, it was the consensus to briefly discuss the matter at this time. City Manager Horsley requested that item "6d" be pulled from the agenda and continued to the next meeting. Councilmember McCowen submitted recommended language changes to item 6g. Steve Scalmanini explained that his issue with item "6g" concerns the rebroadcasting of City Council meetings by the Mendocino Environmental Center. He was informed by the City Manager that Adelphia has consented to allowing the Environmental Center's radio station to rebroadcast the signal for City Council meetings which would be obtained from Adelphia's public channel station. It is the intention of the Environmental Center to begin rebroadcasting the City Council meetings soon. Regular City Council Meeting August 3, 2005 Page 2 of 8 Councilmember McCowen explained that when Council discussed this matter previously, he raised the point of adding language that would ensure that similar facilities to those listed in "Exhibit D" would be able to hook up in the future with a cap to the cost to Adelphia of no more than $2,500. Additionally, in "Exhibit E", paragraph two of page 5, there was language that would cap those future locations at five. Given that this is a 15-year contract and the City doesn't know what new schools or public facilities might open during that time, he proposed and submitted language that he felt would be more consistent with the City's original direction. The City Manager has checked with Adelphia and it is acceptable to them. That being the case, he recommended that Council incorporate paragraph two into the agreement of "Exhibit E", as submitted into the record. It was the consensus of Council to include Councilmember McCowen's recommended language changes to the Adelphia agreement. M/RC Baldwin/McCowen Approving Consent Calendar Items "a" Through "c" and "e" Throuqh "h" As Follows: a. Authorized the City Manager to Award an Emergency Construction Contract for Repair Of The Wastewater Treatment Plant Outfall To Ashland Pacific Construction, Inc. Of Petaluma, California for A Total Lump Sum Amount Of $96,444; b. Authorized The City Manager To Execute Change Order No. 4 to the Water Storage Expansion Project with Western Water Constructors, Inc.; c. Accepted Federal Aviation Administration Grant in the Amount of $114,285.00; ~ , ~ v ~ v ~,~,,, , ~, v ~,,, ~, v ~,v,~v~ .~v ,v, ~"~~ ~ ~'~~ ~~*~ ~*s~ ~~"~' (Continued to next meeting) , ~,v,,~v v, , ,v~,~vv,,,v,,, , ,, v,,~, ,,v, ~,~,,,,,~ · ,~,~v~ e. Adopted Ordinance No. 1071 Adding Section 9254, Entitled "~arijuana Cultivation" to Division 9, Chapter 2, A~icle ~ 9 of ~he Ukiah City Code; Received Repo~ ~o City Council Regarding ~he Purchase of Emergency Se~ices From NCD Painting, Inc. ~o Remove ~he Old Pain~ on ~he In~erior o~ ~he Lap Pool a~ ~he Ukiah ~unicipal Swimming Pools; g. Approved Adelphia Cable ~ Franchise Agreement; h. Received Repo~ ~o Council Regarding Purchase of Recording System. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN' None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS: Mayor Read Jan McGourty applauded the City Council for approving the Adelphia contract and requested Council allocate a portion of the franchise fees towards their operating budget. 9. UNFINISHED BUSINESS 9a. Interim Urgency Ordinance Imposing a Moratorium on Formula Businesses within the Downtown Business District and on Perkins and Gobbi Streets (Continued from July 207 2005) It was the consensus of the Council to continue the matter to the September 7, 2005 meeting. 10d. Adoption of Resolution Approving the Submittal of an Application to the California State Department of Housing and Community Development for Funding the Clara Court Apartments Under the HOME Investment Partnerships Program City Manager Horsley explained that the agenda was prepared before this item came forward and Regular City Council Meeting August 3, 2005 Page 3 of 8 the item needs to be approved by August 15, 2005, before the next scheduled Council meeting. The Rural Communities Housing Development Corporation (RCHDC) is requesting that the City apply for a HOME loan on behalf of RCHDC to complete the Clara Court Apartments, a 32-unit affordable housing development for lower income households, at the intersection of Clara and Orchard Streets. This loan is essential to successfully complete this project. RCHDC will be responsible for all reporting requirements, even after the loan period. M/S Rodin/McCowen adopting Resolution 2006-06, authorizing submittal of an application to the California State Department of Housing and Community Development for funding under the HOME Investment Partnerships Program; and if selected, the execution of a standard agreement, any amendments thereto, and of any related documents necessary to participate in the HOME Investment Partnerships Program; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10a. Adoption of Resolution Making Appointments to the Airport Commission and the Paths~ Open Space~ and Creeks Commission Councilmember Baldwin inquired if Mayor Ashiku has a conflict of interest since one of the applicants is an employee of his. Mayor Ashiku did not think he has a conflict of interest. He passed on the first nomination. Councilmember Baldwin passed on the nomination. M/S Rodin/Crane nominating Bill Beard to the Airport Commission to a term expiring on June 30, 2008, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. M/S McCowen/Crane nominating Benjamin Winter to the Airport Commission to a term expiring on June 30, 2008, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. Councilmember Crane passed on the nomination. M/S Ashiku/Baldwin nominating James Connerton to the Paths, Open Space, and Creeks Commission to a term expiring on June 30, 2008, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. M/S Baldwin/McCowen nominating Lindsa¥ Leland to the Paths, Open Space, and Creeks Commission to a term expiring on June 30, 2008, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. M/S Rodin/Baldwin nominating Dan Holbrook to the Paths, Open Space, and Creeks Commission to the unexpired term of Bill Randolph expiring on June 30, 2006, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. Regular City Council Meeting August 3, 2005 Page 4 of 8 M/S Rodin/McCowen adopting Resolution 2006-07 making appointments of Bill Beard and Benjamin Winter to the Airport Commission and James Connerton, Lindsay Leland and Dan Holbrook to the Paths, Open Space, and Creeks Commission, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 8. PUBLIC HEARING (6:45 P.M.) 8a. Adoption of Resolution Amending the General Plan Land Use Classification and Introduction of an Ordinance to Change the Zoning District for the Lands Designated as Assessor Parcel No. 001-430-35 Associate Planner Lohse reviewed his Staff Report to Council and explained that the application for a General Plan Amendment/Zone Change by Shimizu-Housing Company would allow the General Plan land use designation for the 1.04-acre subject property to be changed from HDR (High Density Residential) to R-1 PD (Low Density Residential-Planning Development Combining District). The approval of the PD designation would permit the implementation of unique development standards for the 12-lot subdivision proposed in this application. The development is proposed for an irregular shaped lot located near the corner of Low Gap Road and Bush Street. Discussion ensued between Council and Staff with regard to various aspects of the project, including walkways Bruce Shimizu, applicant, provided a presentation regarding the proposed project. He introduced John Martin, contractor for the project, and Kathy Osmund, architect for the project, and they responded to questions posed by Council with regard to the proposed housing development. Ms. Osmund discussed the concepts of "smart growth" and "green building", and demonstrated some of the materials that will be used in the construction of the units. She noted that the units will be wired for photovoltaic systems. Items concerning the project that were discussed were: · The concept of "smart growth" and zoning · The cost of the units · Setbacks · Maintenance easements to each property owner and responsibilities of ownership · Landscaping · On-street and on-site parking to accommodate owners and visitors · Encouraging pedestrian walking in the neighborhood · It was noted that the units would be located on a private street, to be maintained by the property owners Public Hearing Opened: 7:27 pm No comments received. Public Hearing Closed: 7:27 pm M/S Rodin/McCowen approving the Negative Declaration prepared for the project, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. Regular City Council Meeting August 3, 2005 Page 5 of 8 M/S Rodin/Crane to adopt Resolution 2006-08 approving the amendment of the General Plan Land Use Map from HDR land use designation to the LDR land use designation. Councilmember Baldwin expressed his concern with "down zoning" land and encouraged that it be consistent with other high density areas of the City. Councilmember Rodin discussed the location of the infill parcel and explained that, in general she would not encourage down zonings, however, in this instance its justified. Councilmember McCowen voiced his support for the project, in part because it went through the Planning Commission's review, and since there were no public comments received from neighbors. Although he opposes the concept of down zoning, he was supportive of the project. Mayor Ashiku was encouraged by this project because it provides a sense of a "neighborhood" and provides more housing in the City. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. M/S McCowen/Rodin introducing Ordinance by Title Only, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. City Clerk Ulvila read title of the Ordinance, "An Ordinance of the City Council of the City of Ukiah Amending the Official Zoning Map for the City of Ukiah, California". M/S Rodin/McCowen introducing the Ordinance rezoning the affected lands from the R-3 Zoning District to the R-1 PD Zoning District, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. City Manager Horsley reported to Council that she invited a developer of the Hop Kiln housing development that will be located near the former Masonite site, to speak to Council about the project at a September meeting. 10. NEW BUSINESS 10b. Review of Fire Department's Capital Equipment Replacement Needs Mayor Ashiku recommended continuing this matter to allow Council the opportunity of discussing the matter with the City Manager in Closed Session. It was the consensus of the City Council to hear from Chief Latipow concerning this matter and then continue the matter to the next meeting. Fire Chief Latipow reviewed his Staff Report to Council which listed items scheduled for replacement and noted that the Department is remaining consistent with the projected life span of the equipment. He requested Council's authorization for staff to proceed with the bid process for the items listed in the Staff Report. He briefly discussed the recent ballot measure that was passed that Regular City Council Meeting August 3, 2005 Page 6 of 8 increased the sales tax revenue to the City for the purpose of, in part, providing the necessary replacement of vehicles and equipment for the City's Fire Department. Discussion followed with regard to the status of the equipment listed in the Staff Report. Chief Latipow listed the Department's priorities for replacement of vehicles and equipment. Other topics of discussion included storage of equipment and it was noted by Chief Latipow that staff would make sure that equipment purchased would fit the confines of the Fire Department. Mayor Ashiku explained that he would like to have more information from the Fire Department and other City Departments with regard to their equipment needs, and work with the City Manager to develop a mechanism to evaluate those needs for all City departments. He preferred that the matter be discussed further during the Closed Session item scheduled on this agenda. Fire Chief Latipow requested permission to go out to bid for the pickup truck which was a line item included in this year's budget. M/S Baldwin/Crane to allow the Fire Department to proceed with the bid process for the purchase of a pick up truck; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. It was the consensus of Council to continue the matter of each Department's equipment needs to the August 17th meeting. 10. NEW BUSINESS 10c. Designation of Voting Delegate for the 2005 Annual League of California Cities Conference City Manager Horsley reported that the League's 2005 Annual Conference is scheduled for October 6 through October 8, 2005 in San Francisco this year. Each city is asked to designate a voting representative and alternate, who will be in attendance at the conference. M/S McCowen/Crane designating Councilmember Rodin as the City's voting delegate and Councilmember Baldwin as the alternate voting delegate for the 2005 Annual League of California Cities Conference; carried by unanimous consent of the Council. 11. COUNCIL REPORTS Councilmember McCowen reported attending a Mendocino Council of Governments (MCOG) meeting. Councilmember Rodin reported that today she attended an Economic Development and Financing Corporation (EDFC) Board meeting. She attended a meeting of the Russian River Watershed Council and reported on a presentation concerning mercury pollution and ways in which cities can address the problem. She attended a Public Health Advisory Board meeting and they listened to a presentation by Rick Ryder Homes and they were left with ideas as to how the project could be improved. She inquired if City Manager Horsley could write a letter on behalf of the City Council and provide a message to the developer as to the City's view on the project and what it would like to see. Councilmember Baldwin requested a copy of the Ukiah Valley Area Plan and EIR so that Council would have an opportunity to review the plan and comment if necessary. He thought it very relevant Regular City Council Meeting August 3, 2005 Page 7 of $ to the Hop Kiln housing project. 12. CITY MANAGER/CITY CLERK REPORTS City Manager Horsley reported that LAFCO's Executive Director is requesting the City's response to a LAFCO policy regarding annexation. City Staff has not had an opportunity to review this document and would need to bring it before the City Council for a policy statement. City Clerk Ulvila advised that the deadline for submitting applications for appointment to the Design Review Board and to the Parks, Recreation, and Golf Commission is August 9th at noon. 11. 13. 13a. CLOSED SESSION - Adjourned at 8:12 p.m. CLOSED SESSION Conference with Labor Negotiator C.C. §54957.6 Public Employee Performance Evaluation: City Manager Reconvened at: 10:47 p.m. 14. ADJOURNMENT There being no further business, the meeting was adjourned at 10:47 p.m. Marie Ulvila, City Clerk Regular City Council Meeting August 3, 2005 Page 8 of 8