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HomeMy WebLinkAboutMin 05-03-06MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 3, 2006 $: 12:29 PM Presentation by Steve Reader on the Mendocino County Jail Needs Assessment and Criminal Justice Master Plan Update Allison Glassey, Mendocino County Chief Operating Officer, provided brief introductory comments regarding this matter, and stated that a discussion on the expansion of the jail on Low Gap Road, determined that a more effective approach would be to consider the needs of the entire criminal justice complex, including all associated agencies, and the Courthouse in terms of how they interact and whether the complex should be built as one unit. .5:12:47 PM Councilmember Rodin arrived. Allison Glassey further discussed the needs that are required under the Criminal Justice Master Plan. Tonight's presentation is a brief overview of that report. The County Board of Supervisors has reviewed the matter and the next step is to secure funding for a feasibility study, and find an appropriate site. In the meantime, the County is looking at enhancing the overall conditions and with making repairs to the existing facility. The County invites the City to be a participant in the design aspects of a proposed new facility. Steve Reader, consultant, provided a presentation concerning the Mendocino County Jail Needs Assessment highlighted as follows: · The project would be completed in phases to effectively be able to integrate the jail needs assessment into the Criminal Justice Master Plan that was adopted in 1999. · The parcel size, facility uses, and building footprint/configuration would be addressed during the design/site feasibility phase, including a determination whether the entire justice complex should consist of one unit rather than the current layout where the associated buildings are in various locations. · Current jail deficiencies relative to the existing operation include such issues as incompatibility of use in conjunction with other uses in the area, remoteness to the Courthouse, inadequate space, parking accommodations, inmate services, perimeter fencing, and other issues that demonstrate the operational needs have outgrown the facility. · An element of the feasibility studies addresses County historical and current statistical data and overall criminal justice patterns/trends pertinent to information reflecting increases in population and crime rates that will help project/shape the type of facility necessary to accommodate the demand for usage. · Study information will assist with determining whether it would be economically feasible to upgrade/repair/expand the existing facility rather than to relocate. 5:50:22 PM Councilmember Baldwin arrived. A general discussion followed regarding having a jail facility in the Downtown area. Mr. Reader addressed some of the advantages to having one centrally located facility where an updated telecommunications/electronic monitoring system would be in effect and arraignments, bookings, and other criminal procedural practices could be completed without the need for transport services. Mr. Reader stated the feasibility study could take six to eight months once the consultant contract has been negotiated and approved. District Supervisor Jim Wattenburger in conjunction with the City and County will continue to partner in this regard. 6:11:10 PM 1. ROLL CALL Councilmembers Present: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. Staff Present: Economic Development Coordinator and Assistant to the City Manager Ballek, Risk Manager/Budget Officer Goodrick, City Manager Horsley, Electrical Distribution Engineer Kirkley, Associate Planner Lohse, Community Services Director Sangiacomo, Planning Director Stump, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Baldwin led the Pledge of Allegiance. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 3a. Proclamation: May 2006 as Healthy Kids Mendocino Month6:11:5 ! PM Councilmember Rodin read the Proclamation in recognition of May 2006 as Healthy Kids Mendocino Month in the City of Ukiah. A representative from Nuestra Casa accepted the Proclamation and commended Ukiah Valley Medical Center, Mendocino Community Health Clinic, Mendocino County Public Health and other medical agencies that made this event possible. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 3b. Proclamation: May 2006 as Lymes Disease Awareness Month Mayor Ashiku read the Proclamation proclaiming May 2006 as Lymes Disease Awareness Month in the City of Ukiah. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 3c. Introduction of New Employee - Don Ballek~ Economic Development Coordinator and Assistant to the City Mana,qer 6:18:26 PM City Manager Horsley introduced Don Ballek, the City's Economic Development Coordinator and Assistant to the City Manager. Mr. Ballek's appointment is in line with the Council's desire to expand the City's ability to provide a liaison and resource center to assist local businesses, as well as being a primary contact for new businesses desiring to relocate to this area. 4. PETITIONS AND COMMUNICATIONS None. 5. APPROVAL OF MINUTES 5a. Re.qular Meetinq of February 157 2006 6:20:27 PM M/S McCowen/Crane approving the regular meeting minutes of February 15, 2006, as presented, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 6. RIGHT TO APPEAL DECISION 6:21:07 PM Mayor Ashiku read the Right to Appeal Decision statement. 7. CONSENT CALENDAR 6:21:34 PM Councilmember Crane requested that Consent Calendar item "D" be pulled from the agenda. Mayor Ashiku stated Consent Calendar item "D" will be heard as agenda item 1 lh. M/S Baldwin/McCowen approving Consent Calendar items "a" through "c" as follows: a. Received Report to the City Council Regarding the Rental of Space from Doug Adams dba: Skate City for the 2005/06 Youth Basketball Program in the Amount of $5,992; b. Received Report of Acquisition of Contractual Services with Joe Bittner in the Amount of $5,006.97 for Development of Scope of Work for Lake Mendocino Hydroelectric Plant Refurbishment; c. Received Report to City Council Regarding the Purchase of Services from All Phase Electrical for the Repair of the Anton Stadium Lighting System in an Amount Not to Exceed $5,040; Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 6:22:59 PM Ukiah Morrison commented on the matter of taxation without representation, which is a point that is often the topic of discussion with the issue of legalizing marijuana and the controversial subject of being able to use cannabis for medicinal purposes. He recognizes the need to promote education and safety with regard to the growth and use of cannabis for medical reasons. Susan Beard is the Chair of the Ukiah Community Center, and addressed an emergency funding request in the sum of $18,000 made to Council at the last regular meeting to maintain a day shelter until October. City Manager Horsley stated based on discussion of item 11e, the funding request can be agendized for review at the special City Council meeting on May 10th. Judy Hatch owns Shady Grove Mobile Home Park, and expressed concern about the sewer rate increases that takes effect July 1,2006. She also stated the increase may be attributed to clean- up efforts made in the park during the heavy winter rains where considerable amounts of water were consumed. Councilmember McCowen stated water rates were calculated based on winter water usage where the usage should have been less. He is aware that in most instances where a master meter is in place for multiple units, the sewer rates actually decreased. He recommended checking to make sure the site does not have a water leak. City Manager Horsley stated she would contact Mrs. Hatch as her situation may be unusual. Dane Wilkins, Director of Northern California Normal, commented with his disability, he is forced to take different drugs each month; he is a proponent of legalization of marijuana. Suzanne Pletcher is a member of the steering committee for Leadership Mendocino and stated this organization has been operating for 15 years. She thanked City staff and Council for the support they have given to this successful program..Anyone interested in participating in the program can visit their website. 9. PUBLIC HEARINGS (6:15 PM) 9a. Introduction of Ordinance Rezoninq Assessor Parcel Numbers 003-050-297 667 85 and 86 (ZC No. 05-34) 6:40:03 PM Planning and Community Development Director Stump introduced the project, and stated the project represent a re-design in response to neighborhood concerns and necessitates a rezoning application. Associate Planner Lohse stated approval of the proposed rezone as unanimously recommended by the Planning Commission at the regular March 22, 2006 meeting will change the zoning district designation for the four contiguous lots that comprise the 1.44-acre project site from the existing R-3 (High Density Residential) Zoning District to the R-3 PD (High Density Residential-Planned Development Combining) District. The plan proposes the development of three common-space lots for outdoor recreation and cul-de-sac development for Apple Avenue and 24 residential townhouse lots with a variety of non-standard lot features. The project also includes a major subdivision map that would allow the division of the site into 27 lots. Staff's analysis/conclusions regarding the Zone Change & Major Subdivision Map that will provide for a unique set of development standards and affordable home ownership opportunities, a copy of the Mitigated Negative Declaration and Initial Study prepared for the projects, and the March 22, 2006 Planning Commission minutes recommending City Council approval are included for review. Councilmember Rodin questioned the revised project plan that provides for high density residential/planned development which necessitated the zoning change. Mr. Lohse stated the plans originally provided for the development of apartment units and later changed to the development of townhouses that would be individually owned with small lawn areas, and since the lot size for the units and corresponding yards are substandard to the regular zoning district designation, a zoning district designation change from R-3 to R-3 PD would be the only option. Councilmember Baldwin commented since there are no inclusionary housing provisions, the units will sell at market rate value. He recommends the City consider implementing an Inclusionary Zoning Ordinance. Planning Director Stump stated the revised Housing Element that was adopted in 2004 addresses the matter of Council considering an Inclusionary Housing Ordinance. Staff is studying the County's approach in this regard. PUBLIC HEARING OPENED: 6:46:16 PM No one from the public came forward. PUBLIC HEARING CLOSED: 6:46:22 PM Councilmember McCowen acknowledged the units would represent market rate housing accommodations, and requested clarification that since the units are small they would also be characteristic of entry level housing. Planning Director Stump confirmed the market rate would likely be on the lower end since they would be small units on small lots. Councilmember McCowen inquired regarding the emergency access at the northern end of the subject property and whether this area would be kept open for pedestrian access during day light hours to facilitate persons desiring to use the access to walk to stores in the vicinity. Associate Planner Lohse responded that at this point there is an agreement to allow emergency access. It is his understanding, that the County of Mendocino expressed concern that such access could create potential parking problems for their Department of Social Services facility located nearby. It is also his understanding that no access easement agreement has been made between the property owner and the County. PUBLIC HEARING RE-OPENED: 6:52:34 PM Estok Menton commented that discretionary review for the Site Development Permit for the Menton property addressed the existing agreement with the City Fire Department that the gate would remain for ingress/egress for emergency vehicles. He stated his interpretation of the situation is that once the units are occupied and the complex classified as a gated community, the people in this development would be able to take advantage of the opportunity of utilizing this access for pedestrian access purposes to get to the local services. In his discussions with County administration, he has assured them that there would be no vehicular use through their parking lot. It was noted that as part of the Site Development Permit portion of the projects, that a sidewalk would be constructed at the cul-de-sac. Councilmember McCowen favored the concept of allowing the gate and access area to remain accessible for emergency vehicles and use by residents of the townhouses He acknowledged that there is still some question by the adjacent property owner (County) whether normal use by the public should be allowed even if it is for pedestrian access purposes and even though it has been a historic use. It was noted that as part of the Site Development Permit portion of the projects, that a sidewalk would be constructed at the cul-de-sac. Councilmember McCowen requested clarification that a stop sign would be installed at the intersection of Apple Avenue and Cherry Street. Mr. Menton stated a stop sign is necessary as a safety precaution. M/S McCowen/Rodin approving the Mitigated 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. M/S McCowen/Rodin introducing Ordinance by title only with the amendment that the applicant install a stop sign at the intersection of Apple Avenue and Cherry Street and 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 the 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 Baldwin/McCowen introducing Ordinance, carried by the following roll call vote: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: ABSTAIN: None. ABSENT: None. AYES: None. 9. PUBLIC HEARINGS (6:15 PM) 9b. lntroduction of Ordinance Amendinq Ukiah Municipal Code Provisions Re,qulatin9 Minor Subdivision of Lands with Limited Public Street Frontaqes 6:59:43 PM Public Works Director Eriksen discussed his goal to rewrite the Subdivision Ordinance to clean-up redundant and/or inconsistent language relative to sections of the Subdivision Ordinance and Zoning Code pertinent to subdivisions that result in the creation of a new flag lot with no public street frontage and the 20-foot wide driveway requirement to access this lot. The process specifically involves the following changes: · Revision of the existing regulations in Zoning Code Section 9251-92521. · Delete the Zoning Code definition for "Street, Private" as listed in Zoning Code Section 9278, and add new definitions for building site, major/minor access roadway to article 1.1 of the Subdivision Ordinance. · Delete the existing regulatory text from Section 8305 of the Subdivision Ordinance and replace it with the modified regulations of Section 9251-9252 of the Zoning Code. Associate Planner Lohse addressed his staff report regarding the matter of driveway width to access lots that have no street frontage. Changing the language that currently requires the driveway to be a 20-foot width would allow for a 12-foot wide access driveway as the accepted standard. Staff questioned the regulation that if an applicant is subdividing a 12,000 square foot lot on the west side of town possibly creating one new additional building site behind an existing house, that a 20-foot wide access driveway would be required to serve the new building site. Staff concluded that a 20-foot wide driveway is"too wide" and conflicts with the Ukiah General Plan goals/objectives for preserving the residential neighborhood in the community. On April 12, 2006, the Planning Commission unanimously voted to recommend that the City Council approve new amendments to the City Code. He advised staff received comments regarding the Ron Meaux project on the west side in conjunction with the proposed Subdivision Ordinance/Zoning Code language changes. It was noted that Mr. Harmon's comments were made available to Council for review. Public Hearing Opened: 7:07:12 PM Judy Hatch commented there is an acre behind her mobile home park that is landlocked and the owner desires to put in multiple housing units. She inquired whether the intent of the Zoning Code/Subdivision changes concern one lot rather than multiple lots because, in her opinion, a 12- foot wide driveway to access multiple units is too small. Mayor Ashiku stated the changes pertain to one lot whereby the 20-foot wide requirement would be triggered for multiple lots. Public Hearing Closed: 7:08:41 PM Councilmember Baldwin inquired whether this width allows for sufficient off-street parking. Associate Planner Lohse stated the 20-foot wide width does not provide for any off-street parking and strictly pertains to ingress and egress where parking would have to be developed on each individual parcel. Councilmember McCowen referred to item no. 5 in Mr. Harmon's letter where he recommends deleting references to building site area, net and gross, throughout the Zoning Code and utilize the definitions of lot area, and inquired if this recommendation adds clarification is the proposed modifications adequate. Associated Planner Lohse stated there has been confusion as to discussions concerning a building site as opposed to a net lot area. This concept should be clarified when the revisions to the Subdivision Ordinance are made because this issue applies throughout the Zoning Code. Councilmember Crane asked Planning Department staff if it would be appropriate for the matter to be continued in order to further examine/clarify some of the issues raised in Mr. Harmon's letter addressing the Zoning Code changes and revisions to the Subdivision Ordinance. City Engineer Eriksen commented that many of the questions Mr. Harmon has raised have to do with the overall problems of the Subdivision Ordinance with regard to consistency with the Zoning Code, and this is the reason the Ordinance must be revised. The current intent is to solve the problems that have occurred to date. Mr. Harmon's proposed questions will be reviewed and taken into consideration for other necessary modifications where applicable. M/S Rodin/Baldwin 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 the title of the Ordinance, "An ordinance of the City Council of the City of Ukiah amending the Ukiah Municipal Code for the City of Ukiah, California." M/S Rodin/McCowen introducing Ordinance, carried by the following roll call vote: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: ABSTAIN: None. ABSENT: None. AYES: None. 10. UNFINISHED BUSINESS l Oa. Continued Discussion and Consideration of an Ordinance Regarding Campai.qn Reform - Baldwin, Rodin Discussion followed regarding the Campaign Finance Reform where a Councilmember raised the question of a possible Brown Act violation regarding an e-mail that had been sent out by another Councilmember. M/S Crane/McCowen to continue item to next meeting until City Attorney can be present and offer an opinion on the matter. 7:20:02 PM Motion carried by the following roll call vote: AYES: Crane, McCowen,and Mayor Ashiku. NOES: Rodin and Baldwin. 11. NEW BUSINESS 11a. Discussion and Possible Action Reqardin.q Dogs, Smoking, Hi.qh-Back Chairs, and Barbeques at Todd Grove Park for Sundays In The Park Concert Series 8:03:37 PM Community/General Services Director Sangiacomo advised that Councilmember Baldwin has requested discussion and consideration of restricting/regulating smoking, dogs, high-back chairs, and barbeques at the Sundays in the Park Concert Series. Due to public safety and liability issues, Council directed that all dogs will be banned from the park during concerts and that barbeques will be allowed only at picnic tables or designated areas. Public Comment: Diane Zucker agreed with the Council that the dogs can be a problem and the high-back chairs are becoming a problem. Ms Zucker suggested that there be posters that state "no high-back chairs" and recommended that all chairs be situated on the perimeter of the seating area. Benj Thomas recommended well designed, vibrant-colored signs located at the entrance points to the park, that state all high-back chairs are to be located at the rear of the seating area. Public Comment Closed It was the consensus of the Councilmembers present that staff continue the current informal practice of encouraging smokers to do so at the sides or back of the venue and that staff should encourage the use of Iow back chairs to reduce conflicts created when high back chairs block the views of others. Staff will bring back the restrictions on dogs and barbeques to Council as an Ordinance in order to provide an enforcement mechanism. 11. NEW BUSINESS 11b. Discussion and Direction Regarding the Manaqement and Reporting Requirements for the City of Ukiah Public Benefits Proqram 8:44:27 P]H Electrical Distribution Engineer Kirkley discussed her Staff Report and the history of the Public Benefits Fund. Public Benefit Fund staff recommends hiring a consultant via a RFP for Professional Services in order to provide a '~turn-key" management system for the Public Benefit Fund. City Council and staff discussed preparation of an RFP for a consultant to design, implement and administer an updated Public Benefits Program, and noted that the State mandates that municipal utilities dedicate a set percentage of revenue to provide incentives for installing alternative energy, energy saving appliances, energy audits, Iow income bill paying assistance and other related incentives. The State mandated that reporting requirements are detailed and complex. Hiring a consultant would be more cost effective than hiring a new staff person. Consensus directing staff to prepare a Request for Proposal for managing the City of Ukiah Public Benefits Program. 11. NEW BUSINESS 11c. Discussion and Direction Concerninq the Development of a Green Buildinq Program Director of Planning and Community Development Stump explained that staff has been exploring concepts of Green Building and has had a discussion with a local contractor about providing education and possible incentives for building with a green perspective. Staff, Council, and Estok Menton and other knowledgeable members of the public discussed the application of Green. Building concepts for new developments and modifications to older structures and spoke in support of implementing a program. Staff will proceed with an informational and educational approach in this regard that will likely lead to the development of incentives and perhaps in some cases mandates to further the application of Green Building concepts to developments. Council supports the concept and desires for staff to move forward with the development of a Green Building Program. 11. NEW BUSINESS 11d. Request from Menton Builders Request for Photovoltaic (PV) Incentive Rebate Related to Twelve Unit Townhouse Development on Apple Avenue 9:39:46 PM Electrical Distribution Engineer Kirkley discussed a request from Menton Builders for incentive rebates from the City's Public Benefits Fund (PBF) for the installation of Photovoltaic (PV) generating systems as well as solar hot water heating systems for each of the 12 townhouses that will be developed on Mr. Menton's property. The City's Public Benefits Program does not currently provide photovoltaic rebates for new construction or to a contractor versus a homeowner. Staff supports approval for including incentives of this type in the revised program. Estok Menton addressed his project and request from the City's Public Benefits Program to assist with his proposed Green Building project of 12 townhouses on Apple Avenue. It was noted that Council generally supported the project. Consensus was to continue discussion of this matter on May 10, 2006, in order to receive clarification on the total fund balance reserved for the Public Benefits Program. 11. NEW BUSINESS 11e. Discussion of Policy Regarding Community Grants Proqram for Fiscal Year 2006/07 10:39:37 PM City Manager Horsley discussed her Staff Report with Council asking if Council wishes this item be included in the 2006-2007 Fiscal Year Budget. City Manager Horsley also requested direction regarding Ukiah Community Center's request for $18,000. Discussion followed regarding the status of the City's budget, difficulty of developing and applying appropriate criteria to decide which of the many applicants should receive funding, the propriety of the City taking money from one group of citizens to give to another, the fact that this is a generous community and the people can decide which non-profits to support, and that a number of funding alternatives exist. The consensus was to continue the matter to a later date. 11. NEW BUSINESS 11f. Discussion of Cost of Livinq Increase for City Councilmember Salaries10:55:36 PM Risk Manager/Budget Officer Goodrick reviewed her staff report which included a cost-of- living increase based on the Consumer Price index. Consensus was to continue the matter to a later date, after the adoption of the FY 2006-2007 Budget 11. NEW BUSINESS 11g. Approve Resolution Requestinq that the Department of Commerce Declare a 2006 Pacific Salmon Disaster and Urging the Departments of Commerce, Interior and Agriculture Take Immediate Steps to Adopt a Comprehensive, Basin-wide Restoration Plan for the Klamath River Basin - Ashiku/Rodin ]0:58:08 PM M/S Rodin/McCowen adopting Resolution 2006-54, requesting that the Department of Commerce declare a 2006 Pacific Salmon Disaster and urging the Departments of Commerce, Interior, and Agriculture take immediate steps to adopt a comprehensive, basin-wide restoration plan for the Klamath River Basis. It was determined that the following wording should be included in the last paragraph under #2 to read as follows: Requests that the Departments of Commerce, Interior and Agriculture take immediate steps to adopt a restoration plan that is quantifiable, including ocean conditions and results oriented for the Klamath River Basin, such as recommended by the National Academy of Sciences. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 11h (7d.) Authorized Increase City Health Contribution for Elected Officials and Year Round, Part-time Employees. M/S Baldwin/Rodin to approve tying the monthly health insurance contribution for year-round, part-time employees and elected officials to the REMIF "employee only" premium amount, which is currently $332.16 carried by a roll call vote as follows: AYES: Councilmember McCowen, Rodin and Baldwin; NOES: Councilmember Crane and Mayor Ashiku; ABSTAIN: None; ABSENT: None; 12. COUNCIL REPORTS Council asked the City Attorney to determine whether there had been a violation of the Brown Act by one of the Councilmembers who was a member of a sub-committee with another Councilmember and had sent an e-mail encouraging members of the public to contact a third Councilmember. 11 :!7:59 PM 13. CITY MANAGEPJCITY CLERK REPORTS Councilmember Crane left the meeting at 11:23:29 PM Adjourned to sit as the Ukiah Redevelopment Agency:! 1:27:17 PM Reconvened: 11:35:07 PM Adjourned to Closed Session' 11:35:07 PM 14. CLOSED SESSION a. Government Code §54956.8 - Conference with Real Property Negotiator Property: Low Gap Road Property Owner: City of Ukiah Negotiator: Candace Horsley Under Negotiation: Price and Terms of Payment Reconvened at: 11:45 PM 15. ADJOURNMENT There being no further business, the meeting was adjourned at: 11:45 PM 10 Cathy Ela~Jadly,-'l'ranscriptiq~t G~ail Petersen, Transcriptionist 1!