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HomeMy WebLinkAboutMin 10-20-99MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, October 20, 1999 The Ukiah City Council met at a Regular Meeting on October 20, 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: Community Services Director DeKnoblough, Police Sergeant Dewey, Finance Director Elton, Assistant City Manager Flad, Risk Manager/Budget Officer Harris, Associate Planner Lohse, City Manager Horsley, City Attorney Rapport, Planning Director Sawyer, Senior Planner Stump, Police Chief Williams, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Libby led the Pledge of Allegiance. 3a. PROCLAMATION: October as Domestic Violence Awareness Month Mayor Mastin read the Proclamation designating October as Domestic Violence Awareness Month in Ukiah. Jani Shepard, Executive Director of Project Sanctuary, accepted the Proclamation and thanked the City Council for the funding allocation for the children program. She discussed Project Sanctuary's programs. Councilmember Baldwin called attention to the fact that the softer term of "domestic violence" is most commonly used instead of describing actions such as child or wife beating. Ms. Shepard explained that, in addition to battering, the term also encompasses sexual, psychological, financial, and other types of abuse rather than just battery. She advised that 95% of cases reported concern men battering women. 3b. PROCLAMATION; November as United Way Month in the City of Ukiah Mayor Mastin read the Proclamation designating November as United Way Month in Ukiah. Jeri Thurkow accepted the Proclamation on behalf of the Sonoma-Mendocino-Lake United Way and thanked the City for its help over the past 45 years. She discussed United Way fund raising efforts in the City. 3c. PRESENTATION: Mike ~weeney, Mendocino ~olid Waste Management Authority (MSWMA) Mike Sweeney, General Manager of MSWMA, discussed trash and recycling efforts within Ukiah and Mendocino County. He discussed current responsibilities of MSWMA which include solid waste disposal, AB 939 mandates and reports, recycling promotion, HazMobile, appliance hazardous waste recycling, electronics recycling and other recycling programs, and illegal dump cleanup. October 20, 1999 Page 1 of 16 When the landfill closes and the City changes to a transfer system, we will also be sending money out of the County, which may be as much as $1.2 million of our economy. This is a good reason why recycling should be a priority and increased in the future. State law AB 939 mandates that local governments comply with recycling mandates. To assist Ukiah in achieving compliance, MSWMA conducted a "Waste Generation Study" in 1998 which documented a recycling rate 10.9 percentage points higher than previously reported. This has put Ukiah within striking distance of reaching the 50% mandate for 2000. If Ukiah falls short of the 50% mandate, MSWMA is prepared to file a request for a time extension for compliance, in accordance with the regulations of the California Integrated Waste Management Board. Over the past 10 years, MSWMA has assisted the City to increase recycling. For the future, MSWMA would like to help Ukiah meet its potential and the state mandate. Following in this direction, the MSWMA Board has authorized a full time position to focus on the Ukiah area and to promote recycling primarily in businesses. MSWMA will also continue its efforts through the Americorp volunteer program. In order to meet the mandate, the City needs to make a strong commitment when negotiating franchise hauler contracts. Important factors are reliability of services, performance of the hauler, and to educate the public it is important to recycle. He discussed recommendations that the City Council may wish to consider. They already accept refrigerators and freezers and the company will also accept air conditioners and washers, MSWMA will provide HHW removal without charge. He noted that schools are among the largest waste generators in the City. With more progress being made at Ukiah schools, it will help the City comply with AB 939. Following an extensive study, MSWMA recommended that its member jurisdictions carefully consider commingled recycling collection. Based on experience elsewhere, a commingled system could bring enough additional recycling to put Ukiah over the 50% mandate for 2000. He discussed beautification with regard to recycling and that commingling would make recycling bin areas more attractive and less messy. He discussed the cost affects of commingling recyclables. He explained that MSWMA is currently working closely with Ukiah staff to deal with the AB 939 impact of sewage sludge from the wastewater treatment plant. Some of the sludge goes to the landfill which counts as AB 939 "disposal." MSWMA will seek a revision of the Waste Generation Study to incorporate the annual sludge production as part of the AB 939 "base year" waste generation. He expects there will be improvements each year. City Manager Horsley expressed her appreciation of Mr. Sweeney's discussion on commingling of recyclables and felt commingling is very important. Mr. Sweeney explained that if Ukiah had a complete commingling program in place now, it would put Ukiah over the 50% threshold. Ukiah has the best collection system in Mendocino County. PUBLIC HEARING 8a. Citizen's Option for Public Safety_ (COPS) Grant Award and Public Hearing for Approval of Specific Use of Funds - Fiscal Year 1999-2000 8b. Local Law Enforcement Block Grant (LLEBG-98) Award and Public Hearing for October 20, 1999 Page 2 of 16 Approval of Specific Use of Funds 8c. I..ocal Law Enforcement Block Grant Program 1999 Award and Public Hearing for Approval of ~pecific Use of Funds Police Chief Williams advised that the Police Department currently is precessing three grants and continuing steps towards the goals of the COPS grant. Police Sergeant Dewey discussed plans to improve technology in the Police Department, Fire Department, and Dispatch Center. For Dispatch, the Communications Improvement Project will consist of computer aided dispatch software, an enhanced 911 Phone System, an Emergency Medical Dispatch, and Fire and Police Protocol Software. The Police Department Records Management Software consists of uniform crime reporting, criminal case management system, shared name database, and a digital image system. He advised that with the installation of the Fire Department's Incident Reporting System, the Ukiah Fire Department will be the first Department in the nation using the Vision Windows NT system. He discussed the system's ability to track and report all Fire/Medical incidents following NIFRS Standards. Additional features of the system include digital imaging implementation, WordNVord Perfect attachment ability, and increased reporting efficiency through Dispatch, Police and Fire database merging. Another component of the grant includes a City-wide emergency operations support, which includes a real-time incident mapping system, rapid remote operational support, EOC tracking and knowledge base, and enhanced information distribution processing. Field reporting software will allow officers to remain in the field while preparing Crime Reports. This software is currently being deployed into patrol cars through the use of laptop computers. He reported that the Mendocino County Wide-Area Network Project has connected every agency in Mendocino County through a frame relay intra-net. This system allows for eventual deployment of critical informational systems into field vehicles. He discussed the Pomolita-School Based Partnership Grant which was a Technology Project and provided the ability and base for grant approval, cooperation with outside agencies, and over $130,000 was provided to enhance partnerships. The Grant completed funded a Crime/Incident Mapping Project. Under the Local Law Enforcement Block Grant 1998 (LLEBG 1998), staff is recommending funding to provide for Officer Training, Management Software POST, Reimbursement assistance, as well as Traffic Accident Investigation Software. Under the Local Law Enforcement Block Grant 1999 (LLEBG 1999), staff is recommending funds for mobile communications, and software and hardware to support Public Safety, and the California COPS Supplemental Block Grant. He discussed how the Mobile Communications Technology employs the use of computer software and digital cellular or radio communication hardware. The Technology also allows Police, Fire, Medical and other City Departments access to informational databases from their vehicles within the field. October 20, 1999 Page 3 of 16 Discussion followed concerning grant funding, as well as spending and reporting requirements. Sergeant Dewey explained that no matching funds are required with the COPS grant. However, the LLEBG 1998 and LLEBG 1999 require 10% matching funds. The LLEBG 1998 funding has already been budgeted. He explained the time limits on each of the grants. 7:27 p.m. - Public Hearings Opened on all three grants. No one came forward. 7:28 p.m. - Public Hearings Closed on all three grants. Councilmembers commended Sergeant Dewey for his efforts concerning the grants and the technology that the City of Ukiah has acquired through his efforts. Police Chief Williams thanked Council for approving the position of Administrative Sergeant, noting that Sergeant Dewey has many duties in addition to the grant programs. He echoed Council's commendation of Sergeant Dewey and noted that his expertise is invaluable to the City. M/RC Smith/Ashiku approving Citizens Option for Public Safety (COPS) Grant award and approval of specific use of funds for Fiscal year 1999-2000; approving Local Law enforcement Block Grant (LLEBG-98) award and approval of specific use of funds; and approving Local Law enforcement Block Grant 1999 award and approval of specific use of funds; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 8d. Approval of Resolution Adjusting Fees for the Ukiah Municipal Golf Course Community Services Director DeKnoblough advised that, based on testimony received at the September Public Hearing concerning adjusting fees for the Ukiah Municipal Golf Course, another hearing was held by the Parks, Recreation, and Golf Commission on September 21, 1999, and has revised its recommendation concerning the adjustment of fees. He provided Council with an amended Resolution that included further revisions. A comparison of the revised fee adjustment to the proposal submitted to Council on September 1, 1999, was made. Discussion was had concerning the Parks, Recreation, and Golf Commission's analysis of the proposed fees adjustments as well as their views concerning the debts of the Golf Course. 7:37 p.m. - Public Hearing Opened. Elsie Nielson, Commissioner on the Parks, Recreation, and Golf Commission, discussed the Commission's review of the proposed fee adjustments. Overall, the Commission felt a 10% increase is appropriate at this time. The Commission's recommendation to increase the monthly pass for adults in the amount of $35 has prompted some members to purchase yearly passes. Based on their analysis, they felt the proposed fee adjustments are adequate and will assist in taking care of the deficit of the Golf Course. In 2007, it is expected that the debt for refurbishing the Club House will be paid off, and then there will be $25,000 more each year in order to address other larger improvement projects on the October 20, 1999 Page 4 of 16 course, such as drainage problems on the course. The Commission has designated goals for the Municipal Golf Course and are supportive by the seniors and golfing community. 7:42 p.m. - Public Hearing Closed. Councilmember Smith advised that he has discussed the matter with a number of members in the Mens Golf Club and they now have a better understanding of the proposed fee increases. City Manager Horsley thanked the Community Development Director DeKnoblough and the Parks, Recreation, and Golf Commission for their efforts on the matter. MIRC AshikulSmith approving Resolution No. 2000-17 adjusting fees for the Ukiah Municipal Golf Course as amended; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 7:47 p.m. - Recessed 7:56 p.m. Reconvened. 8e. Appeal of Planning Commission Decision: Timm Aired/Robert Rinehard, Major Site Development Permit #99-28 Councilmember Libby advised of a possible conflict of interest regarding the matter since her residence is located within 2,500 feet of the project. 7:57 p.m. - Councilmember Libby excused herself from the meeting. Associate Planner Lohse advised that the Planning Commission met on September 22, 1999 to consider Major Site Development Permit No. 99-28, which would allow the construction of a three-story, 30-unit apartment building on a 1.04-acre parcel in the R-3 (High Density Residential) Zoning District. After conducting a Public Hearing, the Commission approved the Negative Declaration, but denied the Site Development Permit. This denial was based on concerns that, due to its height and mass of the proposed apartment building, the lack of compatibility with the one-story single family residences located on abutting parcels, and that the building may cut out light to the parcel to the north. The Commission also expressed concern that the proposed open space and landscape planter areas would not be large enough to provide sufficient planting areas for trees that would be large enough to screen the structure, and that the project would generate additional traffic, thereby causing inconveniences or hazards for vehicle drivers and pedestrians in the area. These concerns were included in the Commission's findings. After analyzing the Planning Commission's list of concerns, Planning staff acknowledges the proposed apartment building would be much taller and much larger in mass than the one-story single family structures located on abutting parcels. However, staff also determined the proposed structure would be consistent with all applicable development standards for the R-3 Zoning District and includes various design features that would effectively reduce the box-like and massive appearance of the building. He noted that the proposed building height is four feet less than the maximum height allowed. It is staff's October 20, 1999 Page 5 of 16 opinion that the size differential between the proposed building and the residential buildings to the south do not establish an incompatibility between the structures. Therefore, staff was not in agreement with the Commission that the building would have a detrimental effect on the existing neighborhood. With regard to the Commission's concem for lack of open space and use of small planting areas, staff noted the proposed landscaping complies fully with the landscape standards for the R-3 Zoning District, including landscaping on 20% of the site. He discussed the proposed landscaping for the project. Staff has determined that the most intensive shading on the abutting lot would be less than 50 feet wide during the winter months, and that it would be even less intense on the abutting parcel throughout the majority of the year. Planning staff also reanalyzed potential adverse traffic impacts cited by the Planning Commission, and confirmed that traffic from the apartment building would be a relatively minor increase of approximately 180 vehicle trip ends (vte) per day. Based on this traffic volume, staff stands by its previous conclusion that the increase in traffic would not cause substantial traffic problems for vehicle and pedestrian traffic in the area. He noted that the applicants intend to develop an egress-only driveway on the east side of the project that should provide some relief from anticipated nuisance impacts. Upon an inquiry by Mayor Mastin concerning the height of the Simpson Apartments, located across the street from the proposed project, Mr. Lohse advised that they are approximately 28-30 feet in height and consists of approximately 35 units. Extensive discussion followed concerning potential traffic impacts to the area. Traffic patterns during peak hours were addressed. The matter of ingress and egress on the site was discussed, and it was noted by Mr. Lohse that the applicants are attempting to secure an easement through School District property. There was further discussion concerning easements with regard to ingress and egress on the site. Mayor Mastin referred to a letter to Council submitted by Ed Peugh in which he stated that "The parcel zoned R3 has been overlooked by City and county officials and should be rezoned to match the one or two unit neighboring properties." Planning Director Sawyer advised that the City amended the General Plan for the site from Medium Density to High Density (R-3). It was felt at that time that the site was ideal for higher residential uses since it is close to services, available transportation, and schools. 8:10 p.m. - Public Hearing Opened. Frank Bacik, employed with the firm of Carter, Behnke, Oglesby & Bacik, advised that he represents the applicants. He submitted a letter to Council, which he wanted noted for the record, in which he agreed with Staff's analysis of the project. He explained that the Planning Commission approved the Negative Declaration for the project, which indicates that no adverse environmental impacts would be imposed by the project. He was of the opinion that the Commission's denial of the project is inconsistent with the findings October 20, 1999 Page 6 of 16 adopted with the Negative Declaration. He discussed the goals of the General Plan in that it encourages affordable housing in the community. He advised that the School District has indicated it would consent to easements across its property to allow for flexibility with ingress and egress on the project site. The apartments will be one and two 'bedroom units and the cost of the rent is unknown at this time. Ms. Lee Chesterfield, 512 Low Gap Road, advised that her family has lived in two homes adjacent to the proposed site for many years. They are concerned with the effects of the tall apartment complex on their privacy, lights from the project shining into their homes., an the 3-story building would infringe upon their privacy. She discussed traffic generated by the project, noting that the Low Gap Road/Bush Street intersection is very busy and congested at times. She was opposed to the project and noted if the project is built, they will most likely move. She expressed concern with lack of a playground for children at the site. She explained that she thought the property was zoned R-2. Discussion of density standards was discussed by staff and Council. Robert Axt, architect for the project, explained that the exit onto the School District property would be egress only. The property will be signed as an exit only onto Bush Street. He addressed Ms. Chesterfield's concerns, noting that the building itself is at least 80 feet from the residences of both Mr. Peugh and Ms. Chesterfield. He discussed ingress and egress of the project and traffic movements along Bush Street and Low Gap Road. He continued with a description of the attributes of the building, discussing shadow affects on the neighboring residential properties and the school, and compared the Simpson Apartment complex to the proposed project. The importance of affordable housing in the community was noted, although he estimated the rentals would be approximately $800 per month. Upon questioning by Councilmember Ashiku concerning outside lighting of the building, Mr. Axt explained that lighting will be affixed to seven foot poles, mounted in "shoe boxes" so as to shine down. Councilmember Smith pointed out that $800 is not affordable housing to many people. In response, Mr. Axt advised that $800 would be the Iow end of the scale for rent, which is relative to the price of other available rentals in the community. Discussion continued concerning traffic circulation at the Low Gap Road/Bush Street intersection. Guest parking at the site was also discussed. 8:45 p.m. - Public Hearing Closed. Council discussed the General Plan goals and objectives related to providing additional housing in the community. Zoning for high intensity housing was also addressed. Councilmember Baldwin inquired if a stipulation could be placed on the project that a percentage of the units will always remain at the Iow end of the market for affordable housing. City Attorney Rapport was of the opinion that the City could not impose this condition since it had not offered the applicant a density bonus. He discussed the procedure for offering a density bonus. October 20, 1999 Page 7 of 16 Councilmember Baldwin discussed revising the existing ordinance in order to achieve density requirements whereby the applicant would provide affordable rentals forever. Mr. Lohse reported that, in discussions with landlords, it is common for landlords to charge higher rents due to the lack of apartments in the community. The system is run by supply and demand, with supply very Iow at this time. Mayor Mastin sympathized with the neighbors who opposed the project, however, he noted that with the construction of the project, their property values will most likely increase. He recommended an additional condition be added to the project that there be "right turn only" onto Low Gap Road, ingress only, from the site. He also recommended a condition requiring the applicant to contact MSWMA regarding a recycling program for the development. Councilmember Ashiku proposed that staff be allowed to modify the conditions regarding access onto Low Gap Road as they monitor the project regarding traffic flows. City Attomey Rapport advised that Council may impose a condition which states that if, at any point, the Planning Director determines that the unrestricted access to Low Gap Road is causing significant traffic problems, he may impose a requirement that there be limited access, or an alternative, to the problem. MIRC Ashiku/Smith upholding the Appeal and approve Negative Declaration No. 99-28; carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Libby. ABSTAIN: None. MIRC Ashiku/Smith approving Major Site Development Permit No. 99-28, based on findings 1 through 9 on Attachment 6, pages 4 through 5, and subject to conditions 1 through 21 on Attachment 6, pages 6 through 8, in addition to Condition No. 22: At the Planning Director's discretion, should unrestricted access become unmanageable or problematic, he may restrict access onto Low Gap Road. Councilmember Baldwin was supportive of the project, however, he preferred there be more open space and expressed concern there is no guarantee that the units will be affordable. He discussed inclusionary zoning whereby units are set aside to remain below market value. MIRC Ashiku/Smith amending motion to include Condition No. 23: The applicant shall contact Mendocino Solid Waste Management Authority regarding a recycling program for the project; carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Libby. ABSTAIN: None. 8:55 p.m. - Councilmember Libby returned to the meeting. 8f. Introduction of Ordinance Amending Airport Industrial Park Planned Development {Continued from September 15, 1999) Senior Planner Stump advised that on September 15, 1999, the City Council considered October 20, 1999 Page 8 of 16 the proposed amendments to the Airport Industrial Park Planned Development Ordinance, and after a lengthy discussion, decided to continue the matter to allow more time for study and analysis. The proposed Ordinance would establish a 32-acre mixed use area, along the west side of Airport Park Boulevard, south of Commerce Drive, and would allow a mix of industrial, commercial, and office land uses. The Planning Commission reviewed the Ordinance and formulated a recommendation to Council with significant changes. Most notably, the Planning Commission recommended to reduce the 32 acres to 15 acres, situated on the northern portion of the acreage. Staff is not supportive of this reduction, but would rather see the mixed use applied to the entire 32 acres. The other major change the Planning Commission is recommending to Council is to establish allowed percentages for uses within the mixed use area of a minimum of 40% of industrial land use, a maximum of 30% commercial/retail use, and the remaining percentage could be a mix of industrial or professional office type uses. Staff recommends deviation language be included to allow a superior project, that doesn't exactly meet the percentages, be allowed approval. He reported that Councilmember Ashiku has submitted a letter in which he makes 18 suggested modifications to the proposed Ordinance, and is included in the Council packet. Additionally, Councilmember Baldwin submitted a Resolution to establish a City Improvement Fund related to the Airport Industrial Park/Redwood Business Park. Staff is recommending Council incorporate the changes made by the Planning Commission, except for the 15 acre limitation, include deviation language, and including a number of the points made by Councilmember Ashiku. Councilmember Ashiku discussed points made in his letter to staff. He inquired of staff regarding the "Circulation plan(I): Parcels with frontage along the railroad right-of-way shall be preserve and facilitate and integrate with the possible future multiple use of the right-of-way.", and why this concept was not supported by staff in light of the future transportation concept of a corridor with bike paths, etc. along the railroad. Mr. Stump explained that the Planning Commission has suggested similar language be added to the circulation section of the Ordinance, and read that section to Council. Many of those parcels have grade differentials between the rear of the parcel and the railroad right-of-way making it physically impossible to accomplish. Councilmember Ashiku referred to point #5 of his letter, with regard to the deletion of reference to delicatessens or small grocery stores, and questioned how these types of uses fit into industrial zoning when they are not provided in other commercial aspects of the AlP. It was his view that these are commercial type uses. Mr. Stump stated that the previous City Council amended the Ordinance in 1996 and felt those types of uses were appropriate in an industrial zone so that employees would not have to drive out of the Industrial Zone to obtain food. Councilmember Ashiku addressed point #9 and recommended the term "deviation from percent requirement" language be removed from the Ordinance. He was of the opinion that all architecture should be of superior quality in the AlP and there should not be any October 20, 1999 Page 9 of 16 consideration given to a particular project in order to justify increased commercial or professional office space. An overall discussion followed concerning Councilmember Ashiku's points, as noted in his letter in the Council Packet. The percentages related to allowable uses within a mixed use zone was also discussed. Providing a definition for the term "deviation" was suggested. There was also discussion of what are permitted uses in the Industrial Zone. Mr. Stump advised that staff has determined that mini storage facilities would not be a viable use of the land and should be removed, and is of the belief that delis and small grocery stores are useful in an Industrial Zone. 9:10 p.m. - Public Hearing Opened. Gary Akerstrom, representing Redwood Business Park, 425 Talmage Road, discussed the flight patterns at the Ukiah Municipal Airport. With the aid of an overhead projector, he displayed a map of the Ukiah Municipal Airport and surrounding areas. He continued with a discussion of safety and density issues related to land within close proximity to the Airport. He identified tax benefits to the City from the businesses located within the Redwood Business Park, which currently consists of commercial uses. It was his opinion that a rail spur would not be utilized by small high-tech industrial uses, since it would not be cost effective. Zoning of surrounding areas and along the freeway was discussed. It was his observation that, due to changes over the years, there is no longer a demand for industrial buildings within the AlP. He advised that the cost per square foot for land within the AlP, after deducting the non-useable land, would be $1.25, $0.25 per square foot for grading, $0.65 for infrastructure, $0.25 per square foot for off site improvements, $0.40 administration, marketing $0.40, and carrying costs of $0.60, for a total of $3.80 per square foot, without any profit built into it. He noted that about 10% of the land within Redwood Business Park were used for roads and infrastructure. He discussed the Boyles Report from the 1980 Specific Plan with regard to off site improvements which, at the time, was envisioned to be paid by the City. It has now become the responsibility of the developer and has the effect of increasing the price of the land and making it less viable as industrial property. He displayed a map of parcels located within the Yokayo Shopping Center and explained how mixed use percentages designated On a parcel could create a problem for project financing. He also displayed a map of the parcels within the Redwood Business Park and explained how the projects were developed incrementally. He was of the opinion that a mixed use designation,' without specific percentages, would attract industrial, commercial, as well as office type uses to the AlP. He reported receiving very few inquiries with regard to property for industrial uses. He continued with discussion of development costs within the City as compared to those in the County's jurisdiction, noting that it is more expensive in the City to develop a project due to infrastructure costs. Jim King, attorney with the firm of Mannon and King, representing Don Wegner who owns two of the 5-acre parcels in the area which is currently under consideration of rezoning. He advised that Mr. Wagner is opposed to the Planning Commission's recommendation of reducing the mixed use area from 32 to 18 acres. He also opposes the requirement of specific percentages of industrial use in this area because it is inflexible and micro- management of land. Council should set reasonable parameters for how this property can October 20, 1999 Page 10 of 16 be used so that it is consistent with surrounding uses. It was his opinion that industrial use is not attracted to that area. In order to attract light industrial businesses, the property must be affordable, noting that industrial users can't pay the high land prices that the Park is asking. He discussed industrial uses in the Willits area, noting that most of those businesses pay Iow to medium wages. Originally, the vision for the AlP included more industrial uses, however, over the years, the uses have become more commercial. Since the land is designated Industrial, the property owners are unable to sell their property with a decent profit. He opposed designating percentages to the mixed use designation and encouraged more flexibility to allow industrial as well as commercial use of the property within the AlP. He advised that the cost of electric power is too high in Ukiah, whereas most companies will locate where they can get power from P.G.&E. One of the reasons why light industry is locating in Willits is because there are no requirements for curbs, gutters, sidewalks, and landscaping. Councilmember Baldwin inquired as to the zoning of Mr. Wagner's properties when he purchased them. Don Wagner advised the properties were zoned Industrial. 9:52 p.m. - Public Hearing Closed. 9:52 p.m. - Recessed. 10:00 p.m. - Reconvened. Considerable discussion followed with regard to the 18 points raised by Councilmember Ashiku in his letter to staff, as well as staff's analysis of the mixed use designation. Discussion of the City's utility rates upon businesses was compare~ to P.G.&E.'s rates. The trend of the AlP towards commercial use was discussed extensively. Many Councilmembers were of the opinion that the ^IP is no longer an industrial park. IVERC Ashiku/Smith to introduce Ordinance by "Title Only" Amending the Airport Industrial Park Planned Development, incorporating the changes made by the Planning Commission, deleting the percentages of use and mini-storage use for the entire 32 acres. A brief discussion followed concerning the motion. MIRC Ashiku/Smith amending the motion to introduce Ordinance by "Title Only" Amending the Airport Industrial Park Planned Development, incorporating the changes recommended by the Planning Commission with the exception of reduction in mixed use acreage, deleting the term "deviation", deleting the percentages, incorporating modifications as stated in the Staff Report including the exclusion of mini-storage. Councilmember Baldwin discussed the history of the Ordinance and felt the need and desire for profit and revenue to the City is driving development within the City. He inquired of the City Attorney regarding the disposition of the sales tax revenue generated by businesses within the AlP and if those funds are used for improvements to the City. He was of the belief that these funds should be set aside in a special fund. He inquired as to October 20, 1999 Page 11 of 16 the difference between setting up a fund for a specific purpose from sales tax revenues as opposed to the City receiving a gift from either an individual or government agency. City Attorney Rapport advised that sales tax is General Fund revenue. One of the differences between the City receiving a gift from a private individual who donates money to the City is that the person donating the gift usually attaches a specific purpose for their contribution. In accepting that gift, the City agrees to use the funds for that specified purpose and it becomes a contractual obligation that the City assumes. When the City collects sales tax, it is General Fund revenues and the City can spend the money on any General Fund expenditure. If the Council decided to spend that money for a particular purpose, it would become a budgeting decision. Council could create a fund and allocate a certain percentage of General Fund revenues for a specific purpose during the budgetary process. However, this does not prevent a future Council from deciding that they do not want to continue using that money for that purpose. Councilmember Baldwin inquired if the City sold a major asset, such as the Airport, could those funds be set aside for a specific purpose. City Attomey Rapport advised that, should the Airport be sold, Council could designate that proceeds from the sale be designated for a specific use. However, that would not prevent a future Council from changing the use of those funds. Councilmember Baldwin was of the opinion that there will be significant negative impacts from the proposed Ordinance related to air quality and traffic, and felt that the citizens would be more willing to accept it if they knew they were getting more out of the proposal. He felt that all the revenue generated from the AlP is going into the existing bureaucracy and buying computers. He advised that he will make a proposal during budget hearings that 70%-80% of the revenue generated from the AIR rezoning, and from rebates that the City gives to industry or business, tax deferrals, or any subsidies, should be targeted for specific improvements, such as parks and bike paths. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Ashiku, and Mayor Mastin. NOES: Councilmember Baldwin. ABSENT: None. ABSTAIN: None. City Clerk Ulvila read the title of the Ordinance. MIRC Ashiku/Libby to introduce Ordinance Amending the Airport Industrial Park Planned Development; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Ashiku, and Mayor Mastin. NOES: Councilmember Baldwin. ABSENT: None. ABSTAIN: None. Councilmember Libby noted that she spoke with the Willits City Manager regarding their industrial park and he advised her that it does provide many jobs. Many of their employees are from Ukiah. Willits' biggest problem is that those that work in Willits come to Ukiah to spend their money, thereby adding to Ukiah's sales tax revenues. October 20, 1999 Page 12 of 16 4a. APPROVAL OF MINUTE~;: Regular Meetinq of October 6, 1999 MIS BaldwinlAshiku approving the Minutes of the Regular Meeting of October 6, 1999 as presented/corrected; carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: Councilmember Libby. S. RIGHT TO APPEAL DECI:~ION Mayor Mastin read the appeal process. 6. CONSENT CALENDAR MIS SmithlAshiku approving Items a through h of the Consent Calendar as follows: a. Approved Disbursements For The Month of September 1999; b. Awarded Bid for 6" Portable Sewer Pump to Thomas and Associates for the Sum of $31,284.83; c. Awarded Bid for 2-Wheel Drive 3/4 Ton Pick-up to Lasher Auto Center for the Sum of $17,080.42; d. Awarded Bid for the Purchase of Liquid Polymer to Stockhausen, Inc. for the Sum of $35,417; e. Approved Budget Amendment for Institute of Museum and Library Services General Operating Support Grant (IG-90792-99); f. Rejected Bids for Two (2) 500 KVA Pad Mount Transformers; g. Authorized City Manager to Execute Agreement with Thomas Consulting for Mandated Costs Claiming Services; h. Adopted Ordinance No. 1023 Amending Section 7160 of the Ukiah City Code Authorizing Parking Restrictions. on City Streets 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. NEW BUSINESS 9a. Approval of Settlement Agreement with Redwood Business Park Mayor Mastin advised that the matter will be discussed in Closed Session. 10. CITY COUNCIL REPORTS Councilmember Smith reported attending a MCOG meeting as Councilmember Libby's alternate. Voting on the TEA Grants will take place at their November meeting. Councilmember Libby has received information on the matter and he proposed a meeting be scheduled with staff to review the matter. He reported that MCOG staff is going to propose alternate recommendation. Today he attended a meeting of the Main Street Program, the purpose of which was to develop a budget and outline potential sponsors and other collaborating organizations for the first year of the Thursday Night Market in the downtown. The project is moving forward. October 20, 1999 Page 13 of 16 Councilmember Libby reported that she attended the farewell dinner for Mendocino County Administrator Mike Scannel with City Manager Horsley, and noted that she was the only Councilmember in attendance from cities within the county. Councilmember Baldwin reported attending a meeting of the Mendocino County Inland Water and Power Commission along with the City Manager. It was reported that the Army Corp of Engineers has been tumed down by Congress for their $100,000 study on raising the level of Coyote Dam. There was discussion as to how to inform the public concerning impending water crisis. The Commission is on the verge of a campaign to develop a n educational package, including a professional video. The purpose of the campaign is to convince the people of Mendocino County, particularly inland parts of the County, that they will have to pay, not only to buy the tunnel from the Eel River to the Russian River, but to raise Coyote Dam. He needs to know to what extent Council would like the City to participate in the public relations campaign. If the Commission were to succeed in both purchasing the tunnel and raising the level of the dam, it would create significantly new water for Ukiah. The Commission was unaware of when the Federal Energy Commission will be issuing its latest environmental impact statement or when the relicensing will be issued. Another controversy involved the National Marine Fishery Service taking a very radical position, almost to the point of calling for the decommissioning of Scott Dam. There are many implications for the City and felt it is important that the City be aware of what its water rights. City Manager Horsley noted one of the topics at the meeting concerned the Commission becoming involved in the P.G.&E. sale of their hydro plants. The Commission is going to be an applicant in that process. This was a decision made at a meeting between Mendocino County, Sonoma County, and Sonoma County Water District. Ukiah was excluded from the process. Councilmember Baldwin was of the opinion that City staff should be as neutral as possible with regard to the current District Attorney recall campaign. He felt City staff has been implicated in being involved in this controversy. For aesthetic reasons, he felt that the City should limit the number of days per year in which the banner hangs across State Street announcing various events. City Manager Horsley advised that as City staff, they will remain neutral regarding the recall. However, if an association decides to make a statement, it will be out of her control. City Attorney Rapport advised that it would also not be within the City's control should a City employee, on their own time as a private citizen, choose to become involved in the matter. Councilmember Smith added that he attended the annual Conference of the League of California Cities and found it very enlightening. He highly recommended it to other Councilmembers. Councilmember Ashiku reported attending the annual NCPA conference in September in which there was coverage of current legislation and movements to enforce open market conditions on municipalities. He discussed the market manipulations occurring in other areas of the country and some of the things that California may experience if P.G.&E. is October 20, 1999 Page 14 of 16 successful in their divestiture of their hydro plants to their unregulated subsidiary. Also discussed was how market gaming can affect power rates, which would be a negative factor in achieving deregulation. With regard to the public benefits charge, he found that various members of NCPA are using their public benefits charge to offset development costs. He advised that the subcommittee will be meeting soon and he will provide staff with a list of cities and other information regarding alternatives. NCPA received an analysis from a bond rating firm, in which they spoke about the actions city councils take that affect bond ratings. One of the important factors is their willingness to bank reserves. He advised that he learned a lot about reliability, noting that industry is willing to pay higher rates if they can obtain reliability. He noted the importance of NCPA and the increasing role they will play in the future because, as the market becomes deregulated and the City has to manage legislative issues as well as purchase power, the City will need an entity with the expertise of NCPA. He .encouraged Council to attend the next annual meeting in September 2000. City Manager Horsley distributed a 1997 memo from Orrick, Herrington, and Sutcliff, providing information regarding the agreements with NCPA and the City's obligations. Mayor Mastin reported he also attended the Conference of the League of California Cities. He attended workshops on the homeless, and it was suggested that cities conduct public hearings and make sure the public is heard. One thing they found very useful is trying to get those who object to homeless shelters to join boards or organizations that run the shelters. From this experience, those people are now their biggest supporters. He noted that, San Jose in particular, has a number of these established and has assisted other cities in establishing homeless shelters. He discussed other aspects of the program which involves finding jobs as well as homes for people. He noted that they are also moving away from the concept that you can help everyone, but rather to concentrate resources on those that want to get out of the homeless lifestyle. He discussed the program further with Council and efforts to keep families together in shelters. He inquired about the SEMS training scheduled for October 21, 1999, and if it is required of all Councilmembers. City Manager Horsley advised that the SEMS (Standard Emergency Management System) training is very good, but Council is not obligated to attend. Mayor Mastin reported that the Fire Department's Training Tower dedication and festivities are scheduled for October 23, 1999. On October 30 there will be a Pumpkinfest Parade. All Councilmembers will ride in a car in the parade. Councilmember Ashiku volunteered to be available on October 23 for the pumpkin weigh in. 11. CITY MANAGER/DIRECTOR REPORTS_ City Manager Horsley distributed new Downtown Ukiah brochures to Council and thanked Sage Sangiacomo and Mike Flad for producing it on the computer. The City is partnering with the Main Street Program in many ways, such as the brochure and the School Street lighting funding program. October 20, 1999 Page 15 of 16 She discussed information distributed to Council concerning the Mitsubishi Corporation proposal to build a salt plant in Mexico regarding the whales. She inquired if there is any interest in writing a letter to them. She advised, that she will be on vacation November 1-13 and Assistant City Manager Flad will be acting City Manager and will attend the November 3 City Council meeting. Councilmember Ashiku advised that he received a communication from Tony at Main Street Systems with regard to the City serving as a beta site for the automated meter reading service. He will provide the City Manager with this information. 10:54 p.m. - Adjourned to the Redevelopment Agency 10:58 p.m. - Reconvened 10:58 p.m. - Adjourned to Closed Session. 12. CLOSED SESSION a. G.C. §54956.9{b){1) -Conference With Legal Counsel Regardin_o Pending Litigation - Existing Litigation - 1 matter: Redwood Business Park v. City of Ukiah, Mendocino County Superior Court Case No. 77252 No Action Taken. 12:09 p.m. - Reconvened. 9. NEW BUSINESS 9a. Approval of ~ettlement Agreement with Redwood Business Park MIRC Smith/Ashiku, subject to the City entering a satisfactory agreement with Ken Fowler Motors, approve the Settlement Agreement with Redwood Business Park; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 13. ADJOURNMENT There being no further business, the meeting was adjourned at 12:10 p.m. Marie Ulvila, City Clerk October 20, 1999 Page 16 of 16