Loading...
HomeMy WebLinkAboutMin 03-19-9783 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting - March 19, 1997 A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, convened at 6:31 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were PRESENT: Councilmembers Chavez, Ashiku, Kelly, and Mayor Malone. ABSENT: Councilmember Mastin. Staff Present: Community Services Director DeKnoblough, Finance Director Elton, Assistant City Manager Harris, City Manager Horsley, Associate Planner Lohse, Planning Director Sawyer, Senior Planner Stump, City Attorney Rapport, Senior Civil Engineer Woods, and City Clerk Henderson. 2. Pledge of Allegiance Mayor Malone led the Pledge of Allegiance. 3. Approval of Minutes 3a. Regular Meeting - March 5, 1997 MIS AshikulMalone to approve the Minutes of the Regular Meeting of March 5, 1997 as submitted was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and MayorMalone. NOES: None. ABSTAIN: Councilmember Kelly. ABSENT: Councilmember Mastin. 4. RIGHT TO APPEAL DECISION. Mayor Malone explained the appeal process. 5. CONSENT CALENDAR MIS AshikulChavez to approve the Consent Calendar as follows: a. Approved the Report of Disbursements for the month of February 1997; b. Approved the Report of the Acquisition of Flexible Crack Sealant from Tri-American, Inc., in the amount of $7,658.68; and c. Adopted Resolution No. 97-62 Establishing a 20-Minute Restricted On-Street Parking Space at 756 South State Street. The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmember Mastin. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Mayor Malone explained the procedure for audience comments. No one wished to address the Council. Mayor Malone moved to consideration of Council Reports as it was not time for Item 7, Public Hearings. 8. CITY COUNCIL/REPORTS Councilmember Chavez reported she attended a Main Street meeting. Plans are underway for a Cinqo de Mayo celebration. The Main Street Committee is preparing flyers to advertise special downtown events, directing them to expected railroad excursion groups. Councilmember Kelly reported she arranged a meeting with Kathy Hayes of Senator Mike Thompson's office. Ms. Hayes will research possibilities for legislation which may be able Regular Meeting - March 19, 1997 Page 1 84 to assist small utility companies with debt relief in the face of pending deregulation of the electric utility industry. She also attended a Sun House Guild meeting, as well as an Arts and Recreation Center Site Committee meeting. She is going to a League of California Cities Community Services Policy Committee meeting on Friday in San Francisco. She also reported the skateboarders' graffiti clean up group had a successful clean up day and will have another one next Saturday. Their purpose is community service and good will. She noted the Observatory Park neighborhood planning meeting was very successful with 80 people in attendance. There was interest in the historical aspect of the site. Another meeting is scheduled at the site on Observatory Avenue at 5:30 p.m. on April 8, 1997. Councilmember Ashiku mentioned the Northern California Power Agency (NCPA) will be downgraded on their investment bond rating, which is not beneficial to refinancing or debt relief. He reemphasized the City of Ukiah's utility rates are cost based. NCPA staff is working diligently to bring down costs. He commended Councilmember Kelly's efforts with Senator Mike Thompson's office in regard to legislation to give some relief to small electric utilities now that deregulation of electric utilities is pending. He also noted that Pacific Gas & Electric is raising its gas rates. This is a direct result of deregulation of the gas industry. Mayor Malone mentioned he attended a Northern California Railroad Authority (NCRA) meeting. Excursion trips are being planned and the Ukiah Chamber of Commerce needs to promote the City so that Ukiah will be a destination for train excursion travelers. 9. CITY MANAGER/DEPARTMENT HEAD REPORTS City Manager Horsley reported the excursion trains are stopping in Ukiah this weekend and the Ukiah Chamber of Commerce is organizing and promoting events to train excursion travelers. She also reported that the City's arborist has found that the walnut trees on Clara Street, which may have been effected by a Fire Department demolition burn, are in a state of decline. RECESSED: 6:54 p.m. RECONVENED: 7:01 p.m. PUBLIC HEARINGS - 7:00 P.M. Receive Public Input Regarding Community Application to the California Department of Development Development Block Grant Housing and Community Assistant City Manager Harris explained the Ukiah Community Center (UCC) is completing an analysis of the financial feasibility of purchasing the property upon which its facility is located. Depending upon the outcome of that study, UCC may request the City to submit a Community Development Block Grant (CDBG) application. In order to do that a public hearing is necessary to address the General Allocation portion of the grant. He noted this hearing is for input and information only; no Council action, other than to conduct the hearing, is required. Mayor Malone opened the Public Hearing at 7:04 p.m. No one wished to address this issue. The Public Hearing was closed at 7:05 p.m. MIS Kelly/Malone to receive the public input. The motion passed by a voice vote of all AYES. ABSENT: Councilmember Mastin. 7b. Introduction of Ordinance Amending the City Zoning Map to Rezone 19 Lots in the Miscellaneous Area No. 3 General Plan Rezoning Area Senior Planner Stump explained the need to rezone certain areas of the City to conform to the new General Plan adopted in December of 1995. Phase No. 8(c) involves the Regular Meeting - March 19, 1997 Page 2 85 potential rezoning of 25 parcels from "R-I" (Single Family Residential) to "R-3" (General Multiple Residential), generally located along Luce Avenue between Dora Avenue and State Street, and along the east side of South Street between Luce Avenue and Observatory Avenue; 19 parcels from "R-2" (Multiple Family Residential) to "R-3," generally located along Observatory Avenue between Dora Street and South Street; and 1 parcel from "R-3" to "C-N" (Neighborhood Commercial), located at 202 Washington Avenue. The Planning Commission, with staff"s concurrence, only recommends the rezoning of the 19 parcels from "R-2" to "R-3." No other rezoning is recommended. Mayor Malone opened the Public Hearing at 7:08 p.m. Pat Stefani spoke to retaining the zoning of "R-3" for the parcel on Washington Avenue. Mayor Malone closed the Public Hearing at 7:09 p.m. MIS Ashiku/Chavez to introduce an Ordinance of the City Council of the City of Ukiah Amending the Official Zoning Map for the City of Ukiah, California, as it pertains to the rezoning of 19 lots in the Miscellaneous Area No. 3 General Plan Rezoning Area by title only was carried by a voice vote of all AYE. ABSENT: Councilmember Mastin. City Clerk Henderson read the Ordinance by title only. MIS Ashiku/Malone to introduce the Ordinance of the City Council of the City of Ukiah Amending the Official Zoning Map for the City of Ukiah, California as pertains to the rezoning of 19 lots in the Miscellaneous Area No. 3 General Plan Rezoning Area was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: CouncilmemberMastin. 7C. Consideration and Approval of Applications Submitted by Robert H. Lee and Associates for Property Located at 1105 Airport Park Boulevard (Assessor Parcel No. 180-070-36): i. Adoption of Resolution Making CEQA Findings ii. Introduction of Ordinance Amending the Airport Industrial Park Planned Development (AlP PD) Ordinance (No. 979) to Delete the Existing Provision Which Prohibits Drive-Thru Restaurants from the List of Allowed Uses in the Highway Commercial Area of the AlP iii. Site Development Permit Application No. 97-03, to Allow the Construction of an Auto Service Station and Convenience Store, a Drive-Thru Restaurant, and a Freeway Oriented Pole Sign on a 1.38 Acre Parcel Located in a Portion of the Airport Industrial Park (ALP) Designated for Highway Commercial Land Uses in the AlP Planned Development Ordinance (No. 979) Associate Planner Lohse outlined this item for the Council. The Planning Commission did not approve the Ordinance amending Ordinance 979 or approve the Site Development Permit. Since the Planning Commission's denial of the project, the applicants made modifications to the Site Development Plan, based on Planning Commission concerns, and submitted a revised site plan. Staff considered traffic, design, and air quality issues, and, based on that analysis, recommended approval of the project. The 46 recommended conditions of approval, if adopted, will be made a permanent part of Site Development Permit No. 97-03. Senior Planner Stump gave the Council an overview of the California Environmental Quality Act (CEQA) analysis of the project. The City Engineer and planning staff believe the project is consistent with the City's certified Environmental Impact Report. Regular Meeting - March 19, 1997 Page 3 86 Planning Director Sawyer explained that two actions were necessary for approval of the project: one, to introduce an ordinance amending the Airport Industrial Park Planned Development Ordinance to allow drive-thru restaurants in the Highway Commercial land use designation; and another to approve the Site Development Permit No. 97-03, as modified by the applicants, and subject to the conditions recommended by the Planning Department. City Attorney Rapport stated that one Public Hearing would encompass all actions relative to this project. Mayor Malone opened the Public Hearing at 7:30 p.m. Adam Freeman, Citizens for Adequate Review, as a representative of that group, asked to be allowed to comment for 10 minutes. Mayor Malone agreed that would be acceptable. Mr. Freeman asked the Council to continue this matter until all Councilmembers could be present and to take its time in making such an impodant decision. He does not think there is evidence in the record to make the necessary CEQA finds. He believes the project will result in traffic and circulation problems, have an adverse visual impact, and have a detrimental effect on the air quality of the Ukiah Valley. He urged the Council to find solutions to these concerns before acting on this project. Gary Ackerstrom, developer of Redwood Business Park, spoke to traffic access problems and solutions for Talmage Road. Phil Baldwin, Ukiah, felt the project contradicted the mandates and vision statement of the new General Plan. Peter Bucklin, PMB Development Company, Petaluma, commented that the modifications to the Site Development Plan will result in the best use for the location. Ellen Cianciaruli, Architect for the project and representing Robert H. Lee & Associates, addressed the design, site layout, accessibility and compatibility with the surrounding buildings in the Airport Industrial Park. Her clients are willing to adapt the project to blend with Wal-Mart. She explained the landscaping was planned as a screening device between Highway 101 and the adjacent shopping center. Chuck Shaw, Real Estate Manager for Jack in the Box, addressed his corporation's desire to be a part of the community and its efforts to mitigate the Planning Commission's concerns. Councilmember Chavez inquired of Mr. Shaw the number of people to be employed from the Ukiah area and what the pay scale would be. Mr. Shaw anticipated all but one would be hired locally and that the salary range was from $35,000-$40,000 per year for a manager to $5 to $7 per hour for part-time employees. Jack in the Box employs between 50 and 60 people per restaurant. Dennis O'Keefe, Golden Gate Petroleum, owners of the proposed Shell Station, stated the Shell Station plans to employ about 15 people locally with pay standards similar to Jack in the Box. Donna Roberts, 761 Sidnie Court, Ukiah, spoke to traffic and air quality concerns and the blind approach from the over crossing of Highway 101. John McCowen, P. O. Box 454, Ukiah, stated the project was a quality project, but he thought zoning did not allow such a use. He regretted the site originated as an industrial park and is now a shopping center. He stated no more changes, including this proposed Regular Meeting - March 19, 1997 Page 4 87 change, should be made to the Airpod Industrial Park's zoning. He also had traffic and air quality concerns. Mike Schutz, Park Boulevard, Ukiah, spoke against the project. He had concerns regarding traffic, signage, and site layout. David Faulkner, Air Pollution Officer for the County of Mendocino, addressed the challenge of meeting State of California ozone standards. He does not think the project addresses the cumulative effect on the air quality of the Ukiah Valley. He stated the Air Quality Control District's proposed air quality ordinance is now on hold, but the District is willing to work with the City on that ordinance. He was not willing to commit to a time frame in which his staff could complete the ordinance. He agreed this one, single project would not put the Ukiah Valley's air quality standards over the acceptable threshold, but emphasized cumulative impacts need to be addressed. The Public Hearing closed at 8:47 p.m. RECESS: 8:47 p.m. RECONVENED: 8:58 p.m. Mayor Malone asked if the Council had questions on the project. City Attorney Rapport, in response to a question from Mayor Malone, stated State statutes prohibit the sale of alcoholic beverages at gas stations. Staff addressed Council's concerns regarding overall design standards, air quality issues, and ingress and egress problems. There is no mandated design review for Airport Industrial Park, however, projects have been directed to be compatible with the design elements of the Park's first tenant, Wal-Mart. Mendocino County is the lead agency on air quality matters. The City Engineer did consider the ingress and egress problems on Airport Boulevard. Councilmember Kelly had concerns that this project would not be conducive to the southern gateway to the City of Ukiah. Councilmember Ashiku stated the City needs to deal with the design issue of the Industrial Park in general and since that has never been done, it would be wrong to deny the project because of its visual element. He looks at this site as highway commercial not industrial. Mayor Malone polled the Council as to whether or not all had viewed the site. All Councilmembers indicated they had viewed the site. MIS Ashiku/Malone to adopt Resolution No. 97-63 Making Findings Pursuant to Public Resources Code Section 21081 and California Environmental Quality Act ("CEQA") Guidelines Section 15091 Relying on the Previously Certified Subsequent Environmental Impact Report Prepared for Buildout of the Airport Industrial Park (ALP) in Conjunction with Amendments to the AlP Planned Development Ordinance (97-02), and Approval of the Shell Gas Station and Jack-in-the-Box Joint Development Project was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and 'Mayor Malone. NOES: Councilmember Kelly. ABSTAIN: None. ABSENT: CouncilmemberMastin. MIS Ashiku/Chavez to introduce by title only the Ordinance of the City Council of the City of Ukiah Amending the Airport Industrial Park Planned Development was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Mayor Malone. NOES: Counciimember Kelly. ABSTAIN: None. ABSENT: Councilmember Mastin. Regular Meeting - March 19, 1997 Page 5 88 City Clerk Henderson read the Ordinance by title only. MIS Ashiku/Chavez to introduce the Ordinance of the City Council of the City of Ukiah Amending the Airport Industrial Park Planned Development was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Mayor Malone. NOES: Councilmember Kelly. ABSTAIN. None. ABSENT: Councilmember Mastin. MIS AshikulChavez to approVe Site Development Permit No. 97-03 to allow the development of a drive-thru restaurant and an auto service station that includes multiple gas pumps, a convenience store and an auto wash, subject to the 46 conditions of approval as outlined on pages 5 through 9 of the staff report and with three additional conditions: 1) the car wash is open only to customers who have filled up with gas at the Shell Station; 2) the trimming of landscaping is subject to the approval of the Planning Department; and 3) the matter of the proposed driveway for ingress and egress to the site from Airport Park Boulevard is left to the discretion of the City Engineer; however, the driveway's disposition shall not be based on traffic accidents. The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Mayor Malone. NOES: Councilmember Kelly. ABSTAIN: None. ABSENT: CouncilmemberMastin. 10. CLOSED SESSION. There was no closed session. 11. ADJOURNMENT. MIS Chavez/Ashiku to adjourn the meeting was carried by a voice vote of all AYES. ABSENT: Councilmember Mastin. The meeting was adjourned at 10:15 p.m. Co~lleen B. Henderson, City Clerk Regular Meeting - March 19, 1997 Page 6