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HomeMy WebLinkAboutMin 04-02-9789 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting - April 2, 1997 A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, convened at 6:32 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were PRESENT: Chavez, Ashiku and Mayor Malone: ABSENT: Councilmembers Kelly and Mastin. Staff present: Public Utilities Director Barnes, Finance Director Elton, Assistant City Manager Harris, City Manager Horsley, Associate Planner Lohse, City Attorney Rapport, Planning Director Sawyer, Senior Planner Stump, and City Clerk Henderson. 2. Pledge of Allegiance Mayor Malone led the Pledge of Allegiance. Mayor Malone announced item 8c, Adoption of Resolution Establishing Capital Improvement Fees to be Imposed on Development within Airport Industrial Park, would not be heard at this meeting, but is continued to the regular Council Meeting of May 7, 1997. Special Order of Business Commendation of Don Lauenroth, Autumn Leaves Fire Mayor Malone presented a Commendation to Don Lauenroth of the Autumn Leaves Retirement Community for his extraordinary efforts in assisting elderly residents of Autumn Leaves during the February 14, 1997 fire at the complex. 4, Approval of Minutes Regular Meeting - March 19, 1997 MIS Ashiku/Chavez to approve the Minutes of the Regular Meeting of March 19, 1997 as submitted was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Kelly and Mastin. 5. RIGHT TO APPEAL DECISION Mayor Malone explained the appeal process. 6. CONSENT CALENDAR Mayor Malone, on behalf of Councilmember Mastin, requested item 6e be pulled from the Consent Calendar. Item 6e became item 10c. MIS Ashiku/Chavez to approve Consent Calendar items 6a-d and 6f as follows: a. Denied Claim for Damages received from Samuel Yan, and referred to City insurance carrier, REMIF; b. Rejected proposals for printing and mailing of City of Ukiah utility and other bills; c. Adopted Ordinance No. 990 Amending the City Zoning Map to Rezone 19 Lots in the Miscellaneous Area No. 3 General Plan Rezoning Area; d. Adopted Resolution No.97-64 Supporting Assembly Bill ' 1296 Adding Skateboarding as a Hazardous Recreational Activity; and Received notification of award of bid for disposal of transformers to H.E.L.P.E.R., Inc., in the amount of $7,786.50. The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Kelly and Mastin. Councilmember Mastin joined the meeting at 6:37 p.m. Regular Meeting - April 2, 1997 Page 1 90 1 AUDIENCE COMMENTS ON NON-AGENDA ITEM~' Mayor Malone explained the procedure for audience comments. Adam Freeman, 3 Spanish Mountain, representing Citizens for Adequate Review, addressed the air quality of the Ukiah Valley. He is concerned about the health consequences of air pollution on the residents of the Ukiah Valley. He noted in August and September the level of pollutants in the air often comes close to exceeding acceptable State of California standards. He is particularly concerned with the cumulative effect of approving development projects. He urged the Council to pay close attention to this matter. · City Manager Horsley mentioned she is forming a committee which will be addressing Mr. Freeman's concerns regarding the air quality of the Ukiah Valley. Rio Palley, Director of the Youth Garden Alliance, gave the Council an update on the progress of the garden project. He asked the Council to look into the matter of liability insurance requirements for the project and the matter of a $1,000 charge for a water meter to be installed at the site. He also invited the Council to the next garden project meeting which will be April 7, 1997, at 5:00 p.m., at the garden site. Si PETITIONS AND COMMUNICATIONS Consideration of Herbicide Use in Caltrans' Rights-of-Way City Manager Horsley explained the City had received communication from Caltrans and interested citizens regarding the spraying of herbicides along state highways. If Council so desires, a Public Hearing could be held to determine if the use of herbicides should continue along the state highway rights-of-way within the City's jurisdiction. Mayor Malone allowed audience comments on this item. Barry Vogel, 280 North Oak, spoke against the use of herbicides by Caltrans. He urged the Council to favor a ban on spraying within the City. Els Cooperrider read and presented to Council a copy of a letter from Dr. Marvin Trotter, Mendocino County Public Health Officer, addressed to Richard Knapp, Director of Caltrans District 1, urging Caltrans to discontinue the spraying of herbicides along the roadsides. John McCowen, spoke in favor of a Caltrans hearing on the use of herbicides. City should ask Caltrans to cease spraying until that hearing takes place. He felt the It was the consensus of Council to agendize a Public Hearing on the issue as suggested by Caltrans. City Manager Horsley offered the notice of such a public hearing would be published in the Ukiah Daily Journal. 10. 10a. NEW BUSINESS Approval of Letter of Support for Mendocino County Film Office City Manager Horsley explained the Fort Bragg-Mendocino Coast Chamber of Commerce is seeking to be designated the County of Mendocino's representative to the Film Liaisons in California Statewide program. The Fort Bragg and Ukiah Chambers of Commerce are asking the Cities in the County to endorse this designation. The program will be of no expense to the City of Ukiah. MIS Mastin/Ashiku to authorize the Mayor to execute a letter endorsing the Fort Bragg-Mendocino Coast Chamber of Commerce as Mendocino County's designee in the Film Liaisons in California Statewide Program was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmember Kelly. Regular Meeting - April 2, 1997 Page 2 91 10b. Set Date for Budget Goal Setting Workshop The Council set April 21, 1997, at 7:30 a.m., as the time for the Budget Goal Setting Workshop. The workshop should take approximately three hours. 10C. Adoption of Ordinance Amending the Airport Industrial Park Planne(' Development to Allow "Drive-Thru Restaurants" in the Area Designated "Highway Commercial" (formerly Consent Calendar item 6e) · Councilmember Mastin requested this item be pulled from the Consent Calendar. He noted he had questions regarding air quality issues and the cumulative impact of this project on the air quality of the Ukiah Valley. Senior Planner Stump addressed his concerns. Staff is in agreement with the County of Mendocino Air Quality District that a definitive air quality study needs to be prepared to gather the data necessary to form the basis for an air quality ordinance for the Ukiah Valley. The Air Quality District is in agreement with City staff that the mitigating measures imposed on the Airport Industrial Park will offset the adverse impacts of the development. Councilmember Chavez had concerns regarding the lack of fulfilment of the City's commitment to participate in an air quality study to determine cumulative impacts of projects on the air quality of the Ukiah Valley in order to develop an air quality ordinance for the Ukiah Valley. Councilmember Ashiku stated the project proposed here will reduce the trips to the Park by 8,000 vehicles per day from the amount which would be allowed by the Environmental Impact Report if this site were developed as an industrial use parcel. City Manager Horsley reminded the Council she is forming a committee to address the air quality issues mentioned by Council. Planning Director Sawyer noted the parcel in question had been zoned as highway serving commercial for 18 years. The only change to the allowed use for this parcel is the inclusion of a drive-thru window at the restaurant. MIS Ashiku/Malone to adopt Ordinance No. 991 Amending the Airport Industrial Park Planned Development to Allow "Drive-Thru Restaurants" in the Area Designated "Highway Commercial" was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Mayor Malone. NOES: CouncilmemberMastin. ABSTAIN: None. ABSENT: Councilmember Kelly. al PUBLIC HEARING - 7:00 P.M Adopt Resolution Approving Community Development Block Grant {CDBGI Application-Ukiah Community Center Assistant City Manager Harris noted the Ukiah Community Center (UCC) is evaluating the feasibility of purchasing the property on which the Center is sited in order to reduce long term costs for providing services to very Iow, Iow, and moderate income persons. The Community Development Block Grant (CDBG) Program is a primary source of possible financial assistance in this endeavor. The City has a long-term alliance with the Ukiah Community Center and'staff believes this grant will be a significant benefit to the entire community. No City funds will be obligated by this application, and it is not in competition with City grant applications. Mayor Malone opened the Public Hearing at 7:43 p.m. Judy Judd, Executive Director of the Ukiah Community Center, 650 Sidnie Street, Ukiah, stressed the impodance of the grant to the clients of the Ukiah Community Center, as the need for services provided by the Center has almost quadrupled in the last few years. Regular Meeting - April 2, 1997 Page 3 92 The Public Hearing was closed at 7:44 p m MIS Mastin/Chavez to adopt Resolution 97-65 Approving an Application and Contract Execution for Funding from the General/Native American Allocation of the State Community Development Block Grant (CDBG) Program and Authorizing the Execution of a Grant Agreement and Any Amendments Thereto with the State of California for the Purposes of This Grant was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmember Kelly. 8b. Appeal of Planning Commission's Denial of Use Permit No. 97-06 as filed by Tori Brown, Little Friends Preschool and Day Care Center, 465 Luce Avenue Associate Planner Lohse explained the background of the appeal and the applicant's request for approval of the maximum number of children to be allowed outside on the playground at one time to be 24 during play periods and 48 at lunch time and during afternoon break. The approval of the use permit would also allow the 6,000 square foot area located west of the permitted playground area to be developed with playground equipment which has already been installed on the site. The Planning Commission, though not including specific findings in their denial, did deny the project without prejudice so the applicant could work with neighbors on a solution to the noise impacts, and return to the Commission within six months, at no cost, for further action. The applicant chose to modify the project and appeal the Planning Commission's denial to the City Council. Mayor Malone polled the Council inquiring if all had viewed the site. All Councilmembers present replied they had viewed the site. Mayor Malone opened the Public Hearing at 7:54 p.m. Cinda Fackrell, 474 Observatory Avenue, urged denial of the project based on invasion of privacy and the irritant of the noise level, both due to the proximity of the playground to her home. Susie Marshall, 227 Washington Street, spoke in favor of the project. necessity of letting children play and socialize outdoors. She cited the Mike Heaney, 476 Observatory Avenue, spoke against the project, but is willing to work with school staff to mitigate his concerns. Glen Donalson, 463 Luce Avenue, opposed the number of children being allowed to play outside at once and the resulting noise level. Wayne Fackrell, 474 Observatory Avenue, spoke against the project on the basis of the noise generated, but was willing to work with the applicant as part of a neighborhood group to find ways to mitigate the neighbors' concerns. Marie Heaney, 476 Observatory Avenue, spoke against the project for reasons of the noise impact. She is willing to work with the school on this so that written mitigation measures might be imposed by the Council. Christina Dodds, parent of a Little Friends Preschool student, spoke in favor of the project. Steve Marshall, parent of a Little Friends Preschool student, spoke in favor of the project. Jennifer Ramsey, 880 S. Orchard Avenue, a teacher at the preschool, noted the neighbors' concerns of noise impacts have not gone unnoticed. She spoke to the number of children being allowed outside at once and urged the approval of the permit. Regular Meeting - April 2, 1997 Page 4 Pastor David Donnell, 1731 Carrigan Lane, spoke to the uses for the Calvary Baptist Church facilities located on the site and stated he favored approving the permit so the children would have more room to play. Warren Sawyer, 482 Observatory Avenue, felt the Calvary Baptist Church development has impacted the neighborhood. He favored the applicant working with the neighbors to find a solution to the noise impact. 93 Judy Baligus, 310 Tedford, a teacher at Little Friends Preschool, spoke to the amount of children allowed outside at once and the need of the children to be allowed to play outside. Tom Brown, 1345 Laurel Avenue, husband of the owner of the preschool, addressed the noise concerns of the neighbors, stressed his willingness to mitigate the neighbors complaints, and noted his desire to work with the neighbors to affect a compromise. Tori Brown, 1345 Laurel Avenue, applicant, explained she had been in contact with some of the neighbors of the Preschool site and is willing to work with the neighbors on a compromise to their concerns. The Public Hearing was closed at 8:33 p.m. MIS Ashiku/Mastin to continue the Appeal to the meeting of May 7, 1997, in order to allow time for a compromise to be reached between the applicant and concerned neighbors under the direction of City staff. After discussion, the motion was amended, with the approval of the second, to continue the Appeal to the April 16, 1997 regular meeting, to allow time for a trial period of any proposed mitigating measures before the statutory 60-day period within which the Council must act on this appeal has expired. The motion, as amended, was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmember Kelly. 8 c. Adoption of Resolution Establishing Capital Improvement Fees to be Imposed on Development within Airport Industrial Park At the beginning of the meeting, Mayor Malone announced this matter was continued to the regular meeting of May 7, 1997. 11. CITY COUNCIL/REPORTS Councilmember Chavez inquired if Vichy Springs Resort is marketing directly to train excursion travelers. City Manager Horsley replied the resort is directing a promotional effort to train excursionists. Councilmember Ashiku inquired if the General Plan air quality element would be considered by the committee being formed to formulate an air quality ordinance for the Ukiah Valley. City Manager Horsley said it would and the committee would consist of Councilmembers Chavez and Kelly, Adam Freeman of Citizens for Adequate Review, Mendocino County Air Quality District staff, County of Mendocino staff, and City staff. Representatives of business and industry are welcome to join the committee. Councilmember Mastin reported he attended a Mendocino County Solid Waste Management Authority meeting in Ukiah on March 26, 1997, a Mendocino Transit Authority meeting in Fort Bragg on March 27, 1997, and an Economic Development and Financing Corporation (EDFC) meeting today in Mendocino. Today's meeting was a planning session for EDFC and the group is moving toward a consolidated economic development agency in Mendocino County. On April 8 and 9, 1997, he and Bruce Richard, General Manager of the Mendocino Transit Authority (MTA), will take a two-day bus trip via MTA, Regular Meeting - April 2, 1997 Page 5 94 traveling to Santa Rosa, then up to Gualala for an overnight stay, the next day proceeding up the Coast to Fort Bragg, Willits, and back to Ukiah. He also noted "Try Transit Week" will be held in May. Councilmembers commented on the excessive speed of some MTA buses within the City and the long waits for the MTA Dial-A-Ride service. Mayor Malone reported he attended the Public Safety Department's practice burn of the house on Dora Street and was impressed by the efficiency of the Depadment. He also attended a League of California Cities Community Services Policy Committee meeting where the issue of skateboard parks was discussed. He remarked the Executive Committee of the League is dealing with the issue of welfare reform and its effect on the State's immigrant population. He also reported on the financial struggle of the Northwestern Pacific Railroad Authority. Councilmember Chavez noted tobacco ordinance teleconferences would be held this week. 12. CITY MANAGER/DEPARTMENT HEAD REPORTS City Manager Horsley commented that the water charges for the Youth Garden Project would run about $30-$40 per month, the group should look for sponsors now, and rumors of a $1,000 water meter connection fee were untrue. There have been complaints from the neighbors as the site is being used as a gathering place for area youth. 13. CLOSED SESSION There was no closed session. 14. ADJOURNMENT MIS Ashiku/Malone to the adjourn the meeting was carried by a voice vote of all AYE. ABSTAIN: None. ABSENT: Councilmember Kelly. The meeting was adjourned at 9:15 p.m. to the Electric'Workshop set for April 14, 1997, at 7:00 a.m. Colleen B. Henderson, City Clerk Regular Meeting - April 2, 1997 Page 6