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HomeMy WebLinkAboutMin 09-15-99MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, September 15, 1999 The Ukiah City Council met at a Regular Meeting on September 15, 1999, 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: Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. Staff present: Public Utilities Director Barnes, Community Services Director DeKnoblough, Finance Director Elton, Fire Marshal Evans, Assistant City Manager Flad, City Manager Horsley, City Attorney Rapport, Fire Chief Sandelin, Senior Planner Stump, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Mayor Mastin led the Pledge of Allegiance. 3b. PRESENTATION: LAFCO -Amy Jones, Executive Director Amy Jones introduced herself to the Council and advised that she was appointed in July as the Executive Officer of the Mendocino County Local Agency Formation Commission (LAFCO). LAFCO recently moved their office to the Conference Center. 3a. PROCLAMATION: The Russian River and Its Watershed Celebration Mayor Mastin read the Proclamation designating nine days from September 18 to September 26, 1999 to be designated as the Celebration of the Russian Rover and Its Watershed. Kay McCabe, representing the Celebration of the Russian River and Its Watershed, a River Runs Through Us, thanked Council for the Proclamation. She provided Council with a brochure related to the organization and discussed the beauty of the Russian River as it flows through Mendocino and Sonoma Counties. Recessed: 6:40 p.m. Reconvened: 6:50 p.m. 3c. PRESENTATION: Gary Akerstrom - Raisinq the Level of Coyote Dam Gary Akerstrom reported that the Coyote Valley Project studies began in the early 1940's wherein extensive geo-technical work was done at the dam site in 1946. The cost and feasibility studies were also completed in the late 1940's. State Congress appropriated funds for the construction of Coyote Valley Dam (Dam) in 1949. The project cost $22 million of which approximately $5.5 million was paid for by local interests that included Sonoma and Mendocino Counties. Mendocino County's sham was $633,000 and Sonoma County's share was $5,017,000. The State Department of Finance applied for the water rights because, at that time, Sonoma County Water Agency and the Russian River Flood Control District (RRFCD) did not exist. September 15, 1999 Page 1 of 16 He stated that in 1956, $633,000 in bonds were going to be paid by $5 million of the assessed evaluation within the RRFCD. Today, the assessed evaluation of the RRFCD is $1.6 billion. He reiterated that at the time when Coyote Valley Dam was built, the question was not whether Mendocino County should have financed the Dam's water storage portion, but would Mendocino County proceed with the project at all. He further reiterated, at that time Redwood Valley was supposed to be part of the RRFCD, however, to date, they have not joined. He reported that the Russian River Plan consisted of three stages dating back to the early 1950's which include the of Coyote Valley Dam, Warm Springs, and the third stage was the second stage of Coyote Valley Dam. When Coyote Valley Dam was designed, provisions were made for its enlargement. It was also designed as a "two stage" project. The $22 million project incurred costs for many Russian River flood control measures, property acquisitions with Coyote Valley, and other associated costs totaling approximately $12 million. This left approximately $10 million for the actual cost of dam construction. He advised that the Dam size is 122,500 acre feet, of which 4,500 acre feet is reserved for silt storage, 48,000 acre feet is reserved for floor control pool, and 70,000 acre feet is for water storage. Accordingly, the Dam's size can ultimately be raised to 199,000 acre feet. He stated that several mitigations pertinent to the proposed increased Dam level need to be addressed. A general discussion followed regarding the Dam's slope gradients in relation to the manner in which the Dam has been operating during the past 40 years. Mr. Akerstrom discussed how the Russian River would run "brim full" during heavy storm conditions, over spilling its banks. He explained that a "brim full" condition generates the maximum velocity, which in turn, creates river erosion. He explained that the Dam is unable to contain flood waters once a certain capacity has been attained, since there is not enough space in the reservoir for additional containment. He advised that during periods when there is a two-day flood condition and water is held only for this length of time, salmon and steelhead are automatically released with the water. These fish remain immobile during the two-day containment period. When the Dam operation contains flood water for a 10- day period, the fish continue to remain immobile. When the fish are released after the 10- day containment period, the side streams have significantly dropped in water levels and the fish are unable to reach these pertinent side streams because the water level is lower and the slope gradients too steep. This factor could be mitigated if the dam height levels were raised in order to increase water storage capacity as well as utilize the extra portion to capture additional flood waters. He stated that if the Dam was large enough to capture additional storm flood water, then water could be released at a slower rate allowing for less river bank erosion. A second stage development would also benefit the fish wherein there would be a more natural water release. Mr. Akerstrom explained that as water is released from Lake Pillsbury, it comes to the Van Arsdale Dam through the tunnel and into Potter Valley. He stated once P.G.&E. has completed power generation, the water is released. Prior to the Potter Valley diversion, the Russian River would essentially be dry during the summer months. Construction of a larger dam and reservoir would allow additional winter flow storage for summertime release. He stated the need for extra water, with reference to additional growth, is not the September 15, 1999 Page 2 of 16 issue. A beneficial reason for raising the level of Coyote Valley Dam would be to provide a more reliable water supply especially with the uncertainties of the Eel River. He advocated the cost of this construction would be $30-$50 million. Applications for financial assistance for the enlargement project would need to be filed with State Congress as well as the U.S. Army Corps of Engineers. Councilmember Baldwin inquired where the City Council should consider endorsement of the aforementioned proposed project with regard to County tax measures and/or an assessment district established to administer, as well as assist in the financial obligation. Mr. Akerstrom replied that the Russian River Flood Control District has requested the U.S. Army Corp of Engineers complete a feasibility study for the project. He indicated there are many associated components which must be met to include costs and/or significant identification of other problems before a feasibility study can be completed. He reported the cost of the Dam as compared to per acre feet per year, amounts to approximately a $633,000 investment, or $70 per acre. Mr. Baldwin inquired whether the proposed project is induced by agricultural interest groups and/or anticipated new growth in the Ukiah Valley. Mr. Akerstrom replied that, in his opinion, he does not foresee massive development in the Ukiah Valley. He conducted researched concerning the development in the Ukiah Valley. Hypothetically, in terms of water availability, should there be a growth factor wherein agricultural lands, which consume large amounts of water, were eliminated in lieu of housing development and/or grape vineyards, water demand would be considerable less. In conclusion, he stated that the City must be willing to make commitments equal to what the people did 50 years ago. Mayor Mastin thanked Mr. Akerstrom for providing Council with a history of the Coyote Dam. 8. PUBLIC HEARING 8a. lntroduction of Ordinance Amendinq Airport Industrial Park Planned Development City Manager Horsley advised that supplemental information from Senior Planner Stump was distributed to Council earlier. Senior Planner Stump advised that before Council is an amendment to the Airport Industrial Park (ALP) Planned Development Ordinance that would redesignate approximately 32 acres of industrial land to a "Mixed-Use" land use designation. The new Mixed-Use concept would allow a mix of industrial, office, and retail/commercial land uses. The 32 acres is situated along the west side of Airport Park Boulevard, south of Commerce Drive. This area is currently designated as Industrial. The purpose of this amendment is to provide an opportunity for the creation of industrial and manufacturing land uses that would be supported by compatible eateries, professional offices, retail shops, and commercial services. It would also provide more flexibility to property owners to develop their parcels in response to market conditions and to the needs of the local September 15, 1999 Page 3 of 16 community. Equally important, it would provide an opportunity for a certain variety of land uses, architecture, and sight planning, rather than what is typically expected from industrial land uses. Additional proposed amendments in the Ordinance include the provision for a "Purpose" section to the Professional Office land use designation, and permitting small retail commercial opportunities with the securing of a Use Permit. Other proposed amendments include adding language requiring all development to be in compliance with the provisions of the Ukiah Municipal Airport Master Plan; reducing the maximum lot coverage from 45% to 40%; increasing the setback from Highway 101 from 40 feet to 60 feet; revising the landscaping requirements to be consistent with the newly adopted provisions of the Ukiah Municipal Code; and other minor language changes. He reported that this proposal was presented to the Planning Commission on August 25, 1999, who formulated a recommendation to Council to adopt the amended Ordinance with notable modifications of reducing the total amount of Mixed-Use land from 32 acres to 15 acres, and to establish allowed percentages for a minimum component of 40% for industrial use and a maximum of 30% for retail/commercial land uses. The remaining percentage could be used for professional office or industrial uses. Staff supports all of the Planning Commission's recommendations except for two. Staff is still recommending that the Mixed-Use designation be applied to the 32 acres. He discussed Staff's views regarding this matter of whether to retain the industrial land use designation, or to spawn development of the properties through the Mixed-Use concept. Staff supports the Planning Commission's recommendations for use percentages, provided language is added to allow for some deviation with criteria such that the development would have exemplary architecture and sight planning. Mr. Stump reported at the August 25 meeting, the Planning Commission also reviewed an application for a Mixed-Use project. They liked the architecture and sight planning, however, the Commission expressed concern with the dominance of the retail/commercial component, preferring that the project be more dominated with an industrial use. The Planning Commission approved the project, contingent upon the adoption of the Ordinance currently before the City Council which would allow for such a mix. He noted that should the proposed Ordinance be adopted, the City Council will likely entertain a revision to the Capital Improvement Program for the Traffic Mitigation Program in the Airport Industrial Park (ALP), the purpose of which would be to reflect a difference in land use. He stated that staff prepared an analysis, pursuant to the California Environmental Quality Act (CEQA) and found the project to be consistent with the previously certified Environmental Impact Report (EIR) prepared for the build-out of the AlP. He discussed the key issue of traffic and advised that a professional traffic study was conducted. It was found that even with the increase in traffic resulting from this proposal, the current mitigation program would prevent that traffic from eroding to unacceptable levels. In conclusion, Mr. Stump advised that staff is initiating the proposal because they think it is good for the AlP and the community. He discussed the philosophical issue which the City Council has previously addressed of whether to have only industrial land on the west September 15, 1999 Page 4 of 16 side of Airport Park Boulevard, to be further reduced in lieu of commercial or mixed-use opportunities that would provide benefits to the City. City Manager Horsley discussed why the AlP has not developed with industrial uses over the years. She compared the cost of property of $2 per square foot in outlying areas to $4 per square foot at the Airport Industrial Park. She discussed the asset of having freeway frontage, and the requirements that the AlP needed to meet within the City limits as opposed to industrial areas located in the County. The Ukiah Redevelopment Agency currently owns the land to the south of the Park and staff is currently working with two business owners who own industrial type businesses. The City has applied for Community Development Block Grant (CDBG) funds to assist with infrastructure improvement costs so these business can relocate in the Park. It will take CDBG funds and Iow interest loans in order to attract industrial users into that area. She advised that it has been very difficult, even under those circumstances, because of the cost to develop that land. She reported that a proposal will be coming before Council which includes Mixed-Use, Industrial, and Retail/Commercial uses in the AlP. The main deterrent of large firms from locating in Ukiah is housing. She discussed the economic boom in Sonoma County. 7:20 p.m. - Public Hearing Opened. Gary Akerstrom, advised that he is one of the investors in the Redwood Business Park. Over the years, he has noted very little interest in industrial uses at the Airport Business Park. He discussed industrial uses being established more within the County jurisdiction, rather than in the City, because less amenities are required. He has made several proposals to potential developers, however, they have found it too expensive to locate an industrial use in the Park. He discussed the original development of the AlP and its vision of what types of industrial development would be appropriate. He discussed the high-tech industry and shipping products by rail. John McCowen, P.O. Box 454, Ukiah, discussed why there is not industrial uses in the AlP and felt it should not be the primary factor that drives the Council's land use planning decision. He discussed zone changes to accommodate developers. It was his opinion that the Planning Commission's recommendation is a balanced proposal and will provide increased opportunities to the area. The City should reserve some space for industrial development and noted that the infrastructure was not designed entirely for retail/commercial development. He addressed the traffic analysis initiated by the Planning Department and made reference to the City Engineer's report at a previous meeting related to mitigation caused by the development of the AlP. He questioned the amenities in the area and felt that the public is not being well served by increased development and impacts on substandard roads. He did not see a pressing need to rezone the entire 32 acres at this time. 7:30 p.m. - Public Hearing Closed. Discussion concerning the definition for storage of products in a warehouse for a retail business followed, with Mr. Stump advising that this type of situation would be an allowed September 15, 1999 Page 5 of 16 use in the Mixed-Use designation and a retail store could use it for that purpose. It is vaguely defined as an allowed use in the Industrial designation. He recommended defining it as a permitted land use or exclude it altogether. It was noted by Councilmember Ashiku that the warehouse storage of products for retail/commercial use does not fit the concept of industrial use. He stressed the importance of clearly defining the uses allowed for industrial development. In response to an inquiry by Councilmember Baldwin related to residential uses being prohibited from the Park, Mr. Stump advised that residential land uses have never been part of the Ordinance. However, the matter was discussed at the time of the last major amendment, and the Council, at that time, did not include residential development as an allowable land use. Councilmember Baldwin further inquired about Staff's perspective of allowing condominiums, apartments, or townhouses in the Mixed-Use designation. Mr. Stump advised that staff has some concern with creating a downtown atmosphere at the Park, but felt that, theoretically, residential land uses could become a component of the area if planned correctly within the Mixed-Use designation. City Manager Horsley advised that when the Park was originally planned, concern was made for residential uses being in close proximity to potentially toxic industrial uses. A comparison of the Planning Commission's proposed land use percentages verses the Planning Department recommendation followed. Discussion followed concerning how the housing element is consistent with the Airport Master Plan and densities related to that zoning. Mr. Stump advised that most of the parcels on the west side of Airport Park Boulevard has the Airport Compatibility Zone of B1, which would limit the possibility for residential land uses. He advised that the density standard would affect a residential housing proposal. The compatibility of industrial, light industrial, commercial, and office uses with regard to noise restrictions was discussed. It was noted by Mr. Stump that the project would need to be analyzed closely, an environmental document would need to be prepared, and the Planning Commission would need to determine if compatibility issues have been resolved. Mr. Stump explained that the inclusion of the proposed setback from the freeway was included in the Ordinance as a means of clarification. The proximity of certain businesses in the AlP to the freeway was discussed. He noted that landscaping and parking would not be affected by the proposed setback. Considerable discussion followed with regard to allowed uses and compatibility issues. Mr. Stump explained that it is anticipated that the Park can obtain a compatible mix of land uses that will be best for the community. He advised that the adoption of the proposed Ordinance would not preclude build out of industrial land uses. Further discussion of design review, quality of architecture, and the need to establish guidelines ensued. Councilmember Ashiku was of the opinion that the City can demand quality architecture and landscaping, whether it is for an industrial or retail establishment. He referred to the Staff Report which indicated that if rezoning did not occur, the City would likely have the September 15, 1999 Page 6 of 16 type of industrial use which is currently allowed, which is warehousing. A brief discussion of the industrial designation and the allowed uses followed. Mayor Mastin discussed child day care facilities serving employees of the AlP and noted the intent is unclear whether it would be situated at a business location for their employees, or a child care facility to serve all employees of businesses within the Park. A scenario was presented of if an employee discontinues working for a business in the Park, and whether they would be allowed to continue use of the child care facility. Mr. Stump responded that the day care facility was intended to serve a particular employer within the Park. 7:45 pm. - Public Hearing Reopened. Eric Larson, Planning Commissioner, explained that the context of the Planning Commission's decision was to not allow a retail child care. The intention was to provide for the opportunity for businesses located within the Park to provide child care facilities on site for their employees. It would be the decision of the employer to allow children of former employees to attend their child care facility. He explained that the Use Permit process would address where the facility could be located within the Park. City Attorney Rapport advised that the State licenses child care centers, and was unsure if the licensing would pre-empt some local authority. Council could justify it in the strict due process, equal protection standard, that normally exercises the City's police power, as long as it is rationally related to a legitimate governmental purpose and you can make that justification on that sl'andard. Other considerations may include a Commerce Clause, but further research would need to be conducted. Mayor Mastin presented the scenario of if an employee discontinues working in the Park, they would need to find a different child care facility, and questioned the wisdom of relocating children to' another facility. He also inquired if the child care facility would be located on its own parcel or within individual businesses. Commissioner Baldwin addressed Mr. Larson's previous comment during the Planning Commission Public Hearing that he would like the City to revisit the ban on residential development. He solicited Mr. Larson's opinion concerning a housing style whereby apartments are located above retail or offices, and whether it would pose a threat to the downtown area. Mr. Larson was of the opinion that Mr. Baldwin's scenario concerning housing in the Park would not pose a threat to the downtown area. Councilmember Ashiku inquired of Mr. Larson concerning rail access in conjunction with this project. Mr. Larson explained that the Planning Commission discussed the matter in detail, but stopped due to the fact that the development of facilities to utilize rail is an expensive September 15, 1999 Page 7 of 16 proposition and would present a burden on developers. The Commission assumed that the cost burden of making a provision that development use rail services would be costly. 7:50 p.m. Public Hearing Closed. Discussion between Council and staff continued with regard to density standards in the Airport Protection Zone as related to the establishment of a child care facility and residential uses. Staff explained the situation regarding the three parcels located to the south of the line. There was further discussion of the three parcels located to the south of the AlP which are zoned Industrial. In response to an inquiry regarding the EIR checklist, Mr. Stump advised that it was a document in which staff reviewed each category in order to analyze if the increase from the amount of traffic and activity from what was Industrial to the Mixed-Use designation, and if it would be inconsistent from what was included in the EIR. The new traffic study was conducted in June 1999. Staff noted that the project was consistent with the scope, findings, and conclusions of the previously certified EIR. Councilmember Baldwin inquired if Council reviewed the revised traffic study when they reviewed the Capital Improvement Fees for the AlP. City Attorney Rapport advised that Council was told at the Public Hearing concerning the Capital Improvement Fees for the AlP, that the new traffic study had been completed. However, the study was not part of the Hearing because those uses had not been approved. If the uses were changed they would have to be reviewed to determine if it would require any revision to the fee. At that time, if it did, there would be new information provided to Council. The new traffic study was not part of what was decided by Council at the previous meeting, however, Council was told during the Public Hearing that the study had been completed and it was found that there were not additional traffic impacts. City Manager Horsley explained that during the Public Hearing the question arose if there was zoning change, would the Capital Improvement Fees also change. The answer, based on the study, was "no". City Manager reported that at a previous City Council meeting, the Traffic Engineer indicated that it was his opinion that no other Capital Improvement modification were needed. Mr. Baldwin inquired why a retail center would not be classified in the same way as a housing development in terms of the Airport Safety Zone and compatibility. In checking the Airport compatibility criteria, Mr. Stump advised that in the B-1 Zone, uses that are not normally acceptable are residential subdivisions and intensive retail uses. This is why the Mixed-Use is more appealable than a full commercial build out of these particular properties. City Attorney Rapport advised that if there is a violation of the permit that is issued, the permit can be revoked, and their use of the property could be stopped. There was discussion related to density issues for fulfilling the requirements of the Airport Master Plan. It was noted that requirements related to a warehouse are based on square September 15, 1999 Page 8 of 16 footage and the standards are different from those of a retail store. Councilmember Ashiku recommended, in consideration of the proposed Ordinance, them is a need to address the issue of warehousing and distribution activities and define what is considered industrial and commercial activity. Mr. Stump discussed adding specific language in the Ordinance under "allowed uses". If the concern is to preclude a commercial/retail facility on site from utilizing a warehouse as their own personal storage, language could be added to preclude that situation. Councilmember Libby discussed the history of the Airport Industrial Park, which was originally zoned Industrial. ,She was of the opinion that retail stores have merit, however the job and pay opportunities for an Industrial Park outweigh the conveniences of retail stores. She recommended amending the Ordinance, per Staff's recommendations. Councilmember Baldwin recommended continuing the matter in order to allow the citizens of Ukiah an opportunity to respond to the proposed zoning changes, and to allow Staff to address issues brought forth during the Public Hearing process. If it is too late to consider the AlP for strictly industrial uses, the public would need some trade off as to what happens to the new revenue. If light industrial uses are to be abandoned, he would like 80% of the revenue targeted to specific goals, such as undergrounding of utilities on Perkins and State Streets, circulation improvements on Perkins and State Streets, parks, open space, pedestrian/bicycle paths, and felt that developers would support the City's targeting the revenue for specific community improvements. Councilmember Ashiku was of the opinion that industrial uses could be developed in the AlP. He discussed a project that is currently applying for CDBG funds to locate on City owned property. He further discussed increased costs associated with land acquisition for undeveloped property. Although traffic studies have indicated that the infrastructure can handle the load, however, it is unknown at what level it will be tolerable to the public. He would prefer to take the matter under further consideration and recommended the matter be continued. Councilmember Libby advised that there is a need to designate significant industrial areas within the City limits. She felt that Council needs to take a pro-active stance about the Iow paying jobs in the Ukiah area. Further discussion followed concerning the 32 acres being proposed for rezoning. The influence of higher home prices in the Sonoma County area on Ukiah home sales was noted. Whether to wait for industrial development in Ukiah, and increased employment associated with it, was considered. Finding compatible uses near the Airport was considered. Continued discussion of Mixed-Use and Industrial land uses was had. Upon taking a consensus vote of Council to continue the Public Hearing to October 6, 1999, Councilmember Libby objected to this date because she will not be able to attend that meeting. September 15, 1999 Page 9 of 16 Unanimous consensus of Council was to continue the matter to October 20, 1999. Mr. Stump advised that upon the AIP's original conception in 1981, the first Planned Development was adopted by a unanimous vote of Council at that time, and was not a pure industrial park. The property north of Commerce Drive, what became the Wal-Mart parcel and those parcels to the west, were designated Office/Commercial and Highway Oriented Commercial. He reminded Council that they adopted the General Plan and determined that level D was an acceptable level of service for commercial intersections. He explained that if the EIR needs to be reviewed again, which has assumed a certain build-out of land use, it will be time consuming and costly. He noted cost ramifications associated with a review of the EIR. 8:35 p.m. - Recessed. 8:50 p.m. - Reconvened. a. APPROVAL OF MINUTES: Reqular Meeting of September 1, 1999 City Clerk Ulvila requested the meeting minutes of September 1, 1999 be continued to the next City Council meeting of October 6, 1999. 5. RIGHT TO APPEAL DECISION Mayor Mastin reviewed the appeal process. 6. CONSENT CALENDAR MIS Ashiku/Smith approving Items a through c of the Consent Calendar as follows: a. Approved Disbursements For The Month of August 1999; b. Awarded Bid for High Voltage Line Clearing and Tree Trimming at Various Locations Within the City of Ukiah to Davey Tree Surgery Company in an Amount not to Exceed $30,000; c. Authorized the Mayor to Execute Amendment No. 3 to the Electric Service Contract 92- SAO-20058 Between the City of Ukiah and the Western Area Power Administration. The motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. UNFINISHED BUSINESS 9a. ApDroval of Revised Lease Aqreement with Mark Ashiku for a Portion of the Ukiah Reqional Airport for the Construction of a Sinqle Aircraft Storage Hanmar Councilmember Ashiku advised that he has a conflict of interest regarding the matter and excused himself from the meeting at 8:53 p.m. Assistant City Manager Flad reported that at the July 7, 1999 meeting, the City Council approved a lease agreement with Mark Ashiku for 2,500 square feet of the Ukiah Regional September 15, 1999 Page 10 of 16 Airport for the construction of a single aircraft storage hangar. Due to development encumbrances related to utility easements on the approved site, Mr. Ashiku has requested the lease property be located to the area directly north of the Flight Service Center. Mr. Ashiku has requested the lease area be increased from 2,500 square feet to 3,000 square feet. Although the City Council has requested a specific development study be completed for the Airport prior to reviewing any additional projects, the proposed site for this project is specifically identified in the Airport Master Plan for hangar development. He advised that the Airport Commission, at their September 14, 1999 meeting, approved the project and recommend approval of the amended lease. Councilmember Libby inquired if the hangar will be used for the applicant's personal use. Mark Ashiku, 510 South Spring Street, explained he proposes to use it as a single aircraft hangar, although the size of the hangar would allow for the storage of more than one plane. Upon an inquiry by Councilmember Libby as to whether he would sublease a portion of the hangar, Mr. Ashiku advised that he has no intention of subleasing the hangar. Any change is use would need to be approved by the City. MIS Smith/Baldwin approving lease amendments with Mark Ashiku for a 3,000 square foot portion of Ukiah Regional Airport for the purpose of constructing a 60 x 50 foot aircraft hangar; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Mastin. NOES: None. ABSENT: CouncilmemberAshiku. ABSTAIN: None. 8:58 pm. - Councilmember Ashiku returned to the meeting. 9b. Report to City Council Regarding Structural Assessment of the Palace Hotel Senior Planner Stump discussed the structural inspection that was recently performed on the Palace Hotel. The City commissioned the study in June due to a variety of reasons, especially the ongoing concern expressed by the City Fire Department regarding interior safety in the event of a fire, and by the general public concerning safety along the exterior perimeter of the building. The property owner accompanied staff and the consultants during the inspection of the building. In general, the consulting firm found the building to be in fair structural condition with no obvious damage to its structural elements. They found that the building does have the strength to withstand normal day-to-day forces, but does not have the strength to resist significant lateral forces such as those produced from large earthquakes. A recommendation identified in the report included that the building owner correct the lack of handrails along the stairways, as well as other measures to calm the fears of the Fire Department in the event of fire. In conclusion, he felt the report is good news, as it was feared that the day-to-day forces were taking their toll on the building and would jeopardize the building as it stands. City Manager Horsley reported that the Palace Hotel ownership has changed. The owner is no longer Elodia Laines and is now owned by a group of partners. In speaking with Mr. September 15, 1999 Page 11 of 16 Farrell, who inspected the Palace Hotel along with Ms. Laines, and the structural engineering inspector, he indicated that the partners are very interested in pursuing a variety of options. The partnership is ready to initiate the rehabilitation of the Palace Hotel and say they have the financing to do so. She has been in constant communication with Mr. Farrell since the report was completed. She advised that her office plans to be in communication with the partnership by phone and letter and will strenuously push to have action taken on the Hotel as quickly as possible. She will assist the group as a facilitator in order for the project to more forward. She strongly recommended that the partnership obtain a local real estate agent for everyday maintenance of the building. Councilmember Libby referenced the assumed deficiencies as noted in the Report, and wondered why Council did not have a more detailed analysis of the building to determine how extreme these deficiencies are. Mr. Stump advised that, considering the amount of money that was budgeted for the project, the City got what it paid for. The Report does conclude further investigation and a more detailed analysis is needed to determine the extent of the noted or assumed deficiencies. In order to obtain a general idea of the condition of the Hotel, the report was adequate. City Manager Horsley further clarified that the consulting engineer is advising that the Hotel is structurally sound and has made recommendations to the owner of work that needs to be completed related to safety and deficiencies. It was her opinion that it should not be the City's responsibility, and that the building owner needs to make those improvements. The property owners have been given a copy of the Report. Councilmember Libby expressed her concern with safety issues. Although the engineer found the building to be in fair structural condition, there are deficiencies and the assessment was based on observation only; no testing was done. City Manager Horsley reported that the engineer inspected behind the walls and in holes to look at the timbers inside. He also looked at the flooring. She discussed safety issues of providing railings in the stairwell to assist firefighters who may have to enter the building in a smokey condition. The engineer felt the building is structurally sound and no danger of falling down. He indicated the floors and walls are very solid and the brick was not getting soft. Mr. Stump advised that it was assumed that the deficiencies are mostly related to lateral forces which withstand earthquakes and that it was already a known fact that the building contains unreinforced masonry. Anyone who plans to refurbish and use the building will be made aware of deficiencies that need to be corrected. In response to Councilmember Libby's inquiry concerning the identify of the documents used for the structural assessment, Mr. Stump explained that the documents were listed in the Staff Report which included the full plans for the Palace Hotel, various floor plans, plans showing some structural detail, and fire sprinkler system plans. These plans were reviewed by the engineering consultants as part of their analysis. He estimated the age of September 15, 1999 Page 12 of 16 these plans to be 25 years. He explained that there was not much information available concerning the 100 years old Palace Hotel. The City does not have the original plans to the structure, however, staff provided the consultant with as much information that would be gathered and it was very useful. It was his opinion that the consultant's Report was very good. Mr. Stump explained that whether or not firefighters chose to enter the building during an emergency situation would depend on the conditions that exist at the time. Councilmember Ashiku noted that the structural engineering firm is considered experts and in making such a Report, their reputation is on the line. While looking at the report it may appear to be inadequate, however, the engineers has gone on record to say that the Palace Hotel is structurally sound. Certain structural deficiencies have been identified, however, in consideration of the size of the building and its construction, it would be a difficult situation in the event of a fire, even in the building were properly maintained. Fire Chief Sandelin reported that the Palace Hotel has been vacant for over 10 years and exposed to the elements. During this time frame, the Fire Department (Department) has entered the building due to small transient fires, pre-fire planning, and to insure that the fire sprinkler system is operational. He noted that there have been two occasions when major freezes occurred and the fire sprinkler system was down for a period of time. He advised that the Department previously made a statement that, should a serious fire occur in the building, they would not put firefighters at risk. The engineer identified that the stairwells had no railings and it would be possible to fall from floor to floor. The building is unlighted, and through several remodeling efforts, it has now become somewhat of a maze. The Fire Department is going to be very selective when confronted with an emergency situation. He reported that the fire sprinkler system in the Hotel is known to be operational. The Department is counting on this system to aid the Department in doing its job should a serious fire occur. However, should the structure become well involved with fire, it would indicated that the fire sprinkler system, for unknown reasons, is not working. In that case, thought about the lives of the firefighters would need to be considered. An excellent water system is in place and he anticipated the Department being able to contain the fire to the building of origin, either by extinguishing the fire from the outside or to control the fire enough so that it would not be a threat to adjoining businesses. The Department would need to assess the situation upon arrival at the scene. Councilmember Libby inquired if the City plans to ask the owners for a more detailed structural report be completed. City Manager Horsley explained that she could pose the recommendation to the new owners, however, she is confident that since the owners have said they plan to develop the structure, that they will have a more detailed analysis prepared prior to development. John McCowen advised that last week he called the Police Department to inform them of a large opening on the School Street side of the Hotel and observed people entering with September 15, 1999 Page 13 of 16 the bicycles. He was of the opinion that it should be the responsibility of the owners to secure the building. City Manager Horsley advised that the Police Department did call her office after Mr. McCowen's report to them, and the property owner was contacted. The opening was boarded and she informed them that they needed to take care of the maintenance problems, since the City was not responsible to maintaining the building. The owners indicated that they are trying to obtain someone to oversee property management of the building. Mr. McCowen observed that several windows are broken and plastic has been used to cover them. Other windows are partially broken and felt this presents a hazard for broken glass falling onto the sidewalk. Councilmember Libby requested that the owners be invited to attend a Council meeting so that Council could speak with them personally about their intentions and to express concerns for the safety of the structure. NEW BUSINESS 10a. Discussion of Quarterly City Newsletter City Manager Horsley advised that in the past, the City has published a newsletter, but found it very costly to continue. She explained that the City now has the capabilities of publishing the newsletter "in house". She stressed the importance of getting information to the public. Assistant City Manager Flad advised that the primary benefits of publishing a newsletter include increased public awareness, the promotion of City sponsored programs, acknowledgment of staff's efforts, a better understanding of how local government operates, and a calendar of community events. He discussed the composition of the newsletter, which will be printed in black and white. The first mailing would be issued separately from the utility bills, then subsequent mailings would be included in the billings. The estimated cost of the first mailing is $1200-$1500 and would covered by a small Public Relations budget under the City Manager's Department. Discussion followed concerning the type of information to include in the newsletter. It was noted that customers may come to the conclusion that the utility rates are paying for the cost of the newsletter if it were included with their utility bills. A recommendation was made that the public be informed in the first mailing as to how the newsletter is being funded. Consensus of Council directed staff to pursue the establishment of a City newsletter. 11. CITY COUNCIL REPORTS Councilmember Smith attend a meeting of the Main Street Program and reported on the September 15, 1999 Page 14 of 16 Downtown Tree Lighting Program. The Main Street Program also sponsors the Comedy Club and the fall schedule is out. September 18 and 19, the Fabulous Flashback Car Show will be presented. He attended the City of Ukiah Employees Association sponsored Golf Tournament on September 6, 1999, and he enjoyed meeting the City's employees. Councilmember Libby reported that she attended a meeting of the Sun House Guild Board of Trustees and an article will be in Sunset magazine about the Grace Hudson Museum after the first of the year. They recently received a large donation. The Chamber of Commerce has three positions open on their Board. The Pumpkinfest is scheduled for later in October. The MCOG meeting was canceled this month she advised that Councilmember Smith will attend the October meeting in her absence. She reported attending the Y2K meeting and felt that Mike Flad did a great job. It was her hope that all Councilmembers keep up to date on this matter should they be questioned by the public. City Manager Horsley reported attending a meeting of Mendocino Emergency Services Authority (MESA) today and that the State Office of Emergency Services (OES) was in attendance. They, as well as the City, feel comfortable with what is going to happen on January 1, 2000, most systems have been addressed and it will not be as critical as originally expected. Previously, the City restricted employee vacations at that time, but now is on alert status. Only OES believes that California will have advanced warning from Europe as the time line travels across the United States. The hours that will be watched are from 10:00 p.m. on December 31, 199 to 3:00 a.m. on January 1, 2000, and if everything is normal, the employees will go home. The City is coordinating with MESA and OES will be checking on MESA and the City to see that everything is operating normally. Councilmember Baldwin reported that he attended a meeting of the Mendocino County Inland Water and Power Commission. There is a push for an Army Corps of Engineering study which is extremely supportive of raising the level of Coyote Dam. He appreciated the discussion earlier in the evening concerning this matter and hoped that Council would discuss water rights at a meeting in the future. He also attended a meeting of the Russian River Watershed Council that is composed of caucuses representing environmental interests, the "public's" interest, and economic interests. Because of a failed vote to change the bylaws, or organizational structure, to allow a super majority of 70% vote on all key issues, the economic caucus walked out of the meeting. Councilmember Ashiku reported working with West Coast Wings this week on their loan application which will be reviewed by Madelin Holtcamp. It required considerable refinement. Their loan application will be submitted this Friday to the bank, which will move their project at the Airport closer to completion. The project that West Coast Wings is proposing will also bring more jobs to the area. Mayor Mastin advised that he is a member of the Ukiah Players Board of Directors and it's the season to sign up new subscribers. He briefly discussed the six plays that will be presented this year. He reported that today was the Day of Caring with United Way. He met with volunteers at the Alex R. Thomas, Jr. Plaza this morning, giving them a send off to their various projects and thanking them, on behalf of the City Council, for their efforts. September 15, 1999 Page 15 of 16 12. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley reported that she asked EBA for a revised time line for the garbage transfer station and was informed today that it will begin the first part of November. They are confident that they will have the transfer station built before the landfill runs out of space. She will provide Council with information on the matter. 10:00 p.m. - Recessed.. 10:17 p.m. - Reconvened. 10:17 p.m. - Adjourned to Closed Session. 13. CLOSED SESSION a. G.C. §54957.6- Conference With Labor Neqotiator Employee Unit: Police Negotiator: Candace Horsley No action taken. 14. ADJOURNMENT There being no further business, the meeting was adjourned at 10:54 p.m. Marie Ulvila, City Clerk September 15, 1999 Page 16 of 16