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HomeMy WebLinkAboutMin 05-07-97101 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting - May 7, 1997 A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, convened at 6:34 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were PRESENT: Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. ABSENT: None. Staff Present: Public Utilities Director Barnes, Community Services Director DeKnoblough, Finance Director Elton, Assistant City Manager Harris, City Manager Horsley, Public Works Director Kennedy, Associate Planner Lohse, City Attorney Rapport, Public Works Deputy Director Seanor, Senior Planner Stump, Police Captain Williams, and City Clerk Henderson. 2. Pledge of Allegiance Councilmember Mastin led the Pledge of Allegiance. . Special Order of Business Proclamation for "Ukiah Tourism Week," May 4-10, 1997 Mayor Malone presented the Proclamation declaring the week beginning May 4, 1997 as "Ukiah Tourism Week" to Elizabeth Brazil, Executive Director of the Ukiah Chamber of Commerce. Elizabeth Brazil addressed the Council noting the Cinco de Mayo festivities, a Special Olympics competition, and the Performance Coatings Jazz Festival were taking place in Ukiah during "Ukiah Tourism Week." 3b. Proclamation Designating "Bike to Work Day," May 20, 1997 Mayor Malone presented the Proclamation designating "Bike to Work Day" to Valerie Lawe and Rick Seanor who spoke to the activities of"Bike to Work Day" in Ukiah, outlined some of the problems of bike riders on Ukiah streets, and urged the Council to participate in "Bike to Work Day" and to keep bicyclists in mind in future planning. 3C. Proclamation for National Association of Letter Carriers National Food Drivc Day. May 10, 1997 Mayor Malone presented the Proclamation for the National Association of Letter Carriers (NALC) National Food Drive Day on May 10, 1997 to Terry Poplawski, President of Branch 1563 of the NALC in Ukiah and Willits. Mr. Poplawski thanked the Council for the City's participation in this effort. 3d. Proclamation Declaring May 12-16, 1997 as "Try Transit Week" in the City of Ukiah Mayor Malone presented the Proclamation declaring May 12-16, 1997 as "Try Transit Week" in the City of Ukiah to Councilmember Mastin in his capacity as Chairman of the Board of Directors of the Mendocino Transit Authority. . Approval of Minutes Adjourned Regular Meeting - April 14, 1.997 MIS Kelly/Mastin to approve the Minutes of the Adjourned Regular Meeting of April 14, 1997, with an amendment to the third sentence in the second paragraph of item 3a, so that the sentence reads: "A utility must create a fund to be used in one or more of the following Regular Meeting - May 7, 1997 Page 1 102 areas: conservation programs, renewable technology, research and development, and Iow income assistance." The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 4b. Regular Meeting - April 16, 1997 MIS Mastin/Chavez to approve the Minutes of the Regular Meeting of April 16, 1997, as submitted, carried by the following roll call vote' AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 5. RIGHT TO APPEAL DECISION Mayor Malone explained the appeal process. 6. CONSENT CALENDAR MIS Mastin/Ashiku to approve Consent Calendar items 6a-d as follows: a. Awarded the bid for the purchase of transformers to WESCO in an amount not to exceed $47,117.48; b. Approved the application to demolish two residential structures over 50 years old located at 586 North State Street; c. Approved the application to demolish a motel complex (17 rooms) over 50 years old located at 623 South State Street; and d. Approved the Notice of Completion for the Leachate Booster Station Project at the Ukiah Landfill, Specification No. 96-17. The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA Mayor Malone asked for comments from the audience on non-agenda items. No one came forward. . UNFINISHED BUSINESS Discussion and Action Concerning Closure of Marlene Street at Orchar~ Avenue Public Works Director Kennedy explained the County of Mendocino is preparing traffic counts on the streets at issue in this matter and those counts will not be available until the Council Meeting of May 21, 1997. Mr. Kennedy outlined the correspondence received in this matter and recommended making Marlene Street one way eastbound so traffic leaving the area will be funneled to the intersection of Orchard Avenue and Gobbi Street to relieve the congestion at Waugh Lane and Gobbi Street. Police Captain Williams noted he observed the site during one lunch, time period. Although not a Public Hearing, Mayor Malone asked for audience comments. Elaine Burgess, 41 Lorraine Street, spoke to thb positive effect of the one-way street. Bill Morrell, 911 Marlene Street, preferred to be able to exit Orchard going south via Marlene. Regular Meeting - May 7, 1997 Page 2 103 Patricia Eversole Cave, 5 Lorraine Street, presented a petition to the Council asking for a full barricade of Marlene Street at Orchard Avenue and more frequent enforcement of speed laws on the south end of Betty Street and Lorraine Street. Lloyd Carman, 47 Lorraine Street, prefers the one-way situation of Marlene Street eastbound. Sylvia Rocha, 21-A Lorraine Street, favors the full barricade of Marlene Street at Orchard Avenue. Joe Toste, 115 Marlene Street, preferred the full barricade. Kevin Johnson, 901 Marlene, Apt. 1, stated the one-way traffic flow on Marlene Street is not solving the problem. Sandy Carbone, 40 Marlene Street, preferred blocking the entrance to this area from Talmage Road. Eric Larsen, 123 Clara Street, suggested several traffic calming measures and spoke to the need to reeducate the public to respect the neighborhoods through which they drive. Mayor Malone closed the public input, and he introduced a letter from a resident of the area, Arleen Shippey, supporting the speed bumps and one-way configuration of Marlene Street as currently in place. Mr. Kennedy noted the traffic count numbers should be available in several weeks. MIS Kelly/Mastin to approve Resolution No. 97-68 Continuing the Closure of Marlene Street to Westbound Traffic at its Opening with Orchard Avenue, and to review the traffic studies being done in the area when those are available in several weeks. The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Kelly, and Mastin. NOES: Councilmember Ashiku and Mayor Malone. ABSTAIN: None. ABSENT: None. 1 PUBLIC HEARING Continuation of Appeal of Planning Commission's Denial of Use Permit No. 97-06 as Filed by Tori Brown, Little Friends Preschool and Day Care Center, 455 Luce Avenue Associate Planner Lohse outlined the process staff had used to arrive at the compromises offered in this matter, including meeting with preschool staff and neighbors to the school, and unannounced spot checks of the facility. Staff observed by moving the play structure, the neighbors are afforded more privacy, although the noise level is unchanged by the move. Overall, the noise has decreased and staff is recommending approval of the Use Permit with conditions. Mayor Malone opened the Public Hearing at 7:53 p.m. Marlene Werra, 2 Lookout Drive, felt the project did not belong in a residential neighborhood and urged denial of the Use Permit. Wayne Fackrell, 474 Observatory Avenue, thought the proposed mitigation measures were not effective and the project should be denied. Glen Donalson, 463 Luce Avenue, thought the project is a burden on the neighbors and the Use Permit should not be allowed. Regular Meeting - May 7, 1997 Page 3 104 Marie Heaney, 476 Observatory Avenue, felt moving of the play structure had not mitigated the noise problem and urged denial of the appeal. Cynda Fackrell, 474 Observatory, stated the 30-day trial period was not successful and the noise levels have not been decreased. She urged denial of the Use Permit and urged the Council to keep the conditions of the day care facility within the bounds of the original Use Permit. Mike Heaney, 476 Observatory Avenue, noted the test compromises did not adequately abate the problems and he saw no change in the noise levels. He also urged the Council to return to the conditions of the original Use Permit. Tom Brown, 1345 Laurel Avenue, commented a residential area is the proper place for a preschool and day care facility and felt adequate concessions had been made to the neighbors' concerns. Warren Sawyers, 1081 Helen Avenue, felt the applicant had not made sufficient concessions to the neighbors' concerns and the Use Permit should be denied. Tori Brown, 1345 Laurel Avenue, felt the compromise measures were adequate. Mayor Malone closed the Public Hearing at 8:23 p.m. Associate Planner Lohse noted staff was attempting to arrive at compromise measures and the four conditions included in the Staff Report were the compromise measures arrived at by the neighbors and the applicant. Senior Planner Stump remarked staff was objective in the recommendations, not favoring neighbors or the applicant. MIS Ashiku/Mastin to approve Use Permit No. 97-06 with the only modification being the allowance of the play structure, all other conditions will remain as in the original Use Permit No. 94-28. -The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. RECESSED: 8:38 p.m. RECONVENED: 8:45 p.m. 8b. Adoption of Resolution Amending the General Plan Land Use Map to Redesignate 715 Parcels of Land, Consistent with Recent Council Actions Pertaininq to the City-Wide Rezoning Program Senior Planner Stump noted this is a housekeeping matter which will restore current zoning to bring the parcels in conformance with the new General Plan. This is not a rezoning project, and the adoption of the Resolution will not change the allowed or permitted uses on the subject parcels. Mayor Malone opened the Public Hearing at 8:46 p.m. No one came forward. Mayor Malone closed the Public Hearing at 8'47 p.m. MIS Kelly/Mastin to adopt Resolution No. 97-69 Amending the City General Plan Land Use Map carried by the following roll call vote: AYES: Councilmember Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. Regular Meeting - May 7, 1997 Page 4 105 SC, Adoption of Resolution Establishinq Capital Improvement Fees to be Imposed on Development within Airport Industrial Park Public Works Director Kennedy introduced Steve Weinberger, P.E., of VVhitlock & Weinberger Transportation Inc., authors of the Airport/Redwood Business Park Traffic Analysis for the City. Mr. Kennedy outlined the two Resolutions before the Council for consideration: one would adopt the fees, while the other was necessary to put the first into effect immediately. He reviewed the development of the Airport Industrial Park (ALP), outlined its boundaries, emphasized the proposed fees covered post Wal-Mart development within the AlP, and addressed the need for improvements to traffic flow into, within, and surrounding the AlP. The traffic analysis by Whitlock & Weinberger Transportation Inc. addressed the impacts of off-site intersections at South State Street at Talmage Road, Talmage Road at Airport Park Boulevard, southbound Highway 101 at Talmage Road, and Washington Street/Hastings Road at South State Street. Costs for the necessary improvements to these intersections, due to the increase in traffic caused by buildout of the Airport Industrial Park, were estimated by Boyle Engineering Corporation to be $731,036. Mr. Kennedy outlined the percentage of improvements attributed to each land use designation, how the fees would be prorated over the parcels, and how the fee per acre charge was established. He also compared these charges to the National average for Capital Improvement Fees. Since these proposed fees are based on future value, the amounts paid at this time will be discounted. Councilmember Mastin inquired about any excess property acquired for, but not totally used by, the improvements at Hastings Road and South State Street. City Attorney Rapport replied the house on the property would have to be demolished. Airport zoning would not allow a replacement structure to be built, and it is prudent to assume the City would not get value from the remaining land. If the excess property were sold, the proceeds would be used for unforeseen costs or returned to the property owners in the AlP. Mr. Kennedy submitted Steve Weinberger's letter of May 6, 1997 for the record. Steven Weinberger, Whitlock & Weinberger Transportation Inc., 2200 Range Avenue, Suite 102, Santa Rosa, outlined his background and experience and explained the procedure used by his firm to produce the Airport/Redwood Business Park Traffic Analysis. He noted he is comfortable with the data collection and the numbers generated, having been very conservative with the numbers. The firm's analysis was based on conditions, exclusive of Friedman's traffic, to determine buildout of the Park. Traffic was evaluated on a movement-by-movement basis. The firm also considered the Park will be a regional attraction. Large truck usage was also taken into account. The Hastings Road entrance to the Park is not sufficient to provide for traffic expected at buildout, and it is very important to have an adequate secondary entrance. He cautioned capacity improvements are needed on entrances to the Park. If they are not provided, the Park will become unattractive to users. In response to questioning, Mr. Weinberger replied the Hastings Road improvements will accommodate large trucks, while timing is used primarily to achieve General Plan service levels on the side streets. His data is based on peak-hour notations of actual counts, not on unobserved possible traffic flows. Mr. Kennedy noted the improvements suggested to be carried out on Waugh Lane are resultant of the Wal-Mart project and are not included herein, as these improvements are only to correct post Wal-Mart impacts. Mayor Malone opened the Public Hearing at 10:03 p.m. Regular Meeting - May 7, 1997 Page 5 106 Kenneth Finney, Messrs. Heller, Ehrman, White & McAuliffe, representing Redwood Business Park, noted the City had multiple rolls in this project, as a developer of Airport Business Park, as owner of the Ukiah Municipal Airport which would benefit by these improvements, and, thirdly, as a landlord of neighboring parcels. He was concerned the City was a competitor to Redwood Business Park and hence the Council could not be impartial in its decision-making roll and had a conflict of interest herein. He also had concerns regarding the lack of analysis which led to assumptions benefitting the underlying competing interest of the City. As an example, he referred to the taking of property for the widening of Hastings Road which would also benefit the Airport operation as outlined in the Airport General Plan. He was concerned Redwood Business Park property owners would be paying for improvements made to the Airport. Mr. Finney took objection to staff's claims that these improvements would only benefit Redwood Business Park property owners. He also felt he had not been given adequate notice, as he had received a 44-page faxed document on May 7, 1997 from the City Attorney. He commented Friedman's, Staples, and La-Z-Boy decided to build in the Park before these fees were mentioned. He further took objection to the 32 percent overhead cost being applied to the acquisition of the parcel on Hastings Road. Gary Ackerstrom, developer of Redwood Business Park, objected to the fees and the manner in which they were being assessed. He felt the traffic study was flawed and asked the Council to disregard it. The Public Hearing was closed at 10:20 p.m. Documents included: 1. . presented at the Council meeting for consideration, and for the record, From Mr. Finney - letter to the City Clerk from Gary L. Ackerstrom, Redwood Business Park, dated May 7, 1997, and letter to Gary Ackerstrom from Robert D. Levy, Coldwell Banker, dated May 7, 1997; From City Attorney Rapport - packet including Resolution 93-17 and Resolution 93-20, and City Attorney's memorandum of May 6, 1997 to Mayor and Council Members entitled "Response to Submission by Redwood Business Park re: AlP Capital Improvement Fees, agenda item 8c"; and From Mr. Kennedy - letter to Rick Seanor from James E. Graham of the State of California, Department of Transportation, dated March 28, 1997, letter to Rick Kennedy from Steve Weinberger, P.E., Whitlock and Weinberger Transportation Inc., dated May 6, 1997, and letter to Rick Kennedy from Carl E. Jacobson, P.E., Boyle Engineering Corporation, dated May 6, 1997. Mr. Kennedy and City Manager Horsley noted the City had informed the realtor handling the Hastings Road parcel, that the property probably would have to be taken by the City to make forthcoming improvements. In response to questions from Council, staff replied buildout of the Park would be in approximately 5 years, though this would not include the Norgard land. The California Department of Forestry would probably derive benefit from locating in this area, off-peak deliveries by large trucks had been considered, emergency vehicle access was not a problem, and the City would be seeking Federal funds for any needed Airport property acquisition. City Manager Horsley approached the federal government for acquisition funds when the parcel was originally for sale, however, none were available. Mr. Kennedy stressed the need to adopt these fees at this time in order to establish a fund for improvements now, and adjustments to the fees would be forthcoming, if any excess fees were collected. Regular Meeting - May 7, 1997 Page 6 107 In response to Mr. Finney's comments, Mr. Weinberger responded the traffic flow studies were not flawed, they were done to update the land use in the Park. He participated in the license plate portion of the study, noting there was adequate light in which to conduct a proper study. New studies were performed to address Mr. Ackerstrom's concerns. The traffic study lists multiple mitigation options for Hastings Road with the recommended one being the most acceptable. The report contains signal optimization documentation to the extent his firm considered reasonable. Signal optimization is not the sole answer to proper traffic flow. Mr, Kennedy noted the offramp from South Highway 101 at Talmage Road was reconfigured to accommodate Wal-Mart. Airport Industrial Park buildout would produce extra traffic to necessitate a reconfiguration of the offramp. City Attorney Rapport noted his memo delivered to Mr. Finney this date was in response to Redwood Business Park's packet delivered to him in early May and was forwarded as soon as possible. As to the issue of segmentation, he mentioned Wal-Mart mitigation measures were worked out several years ago; the Council is now addressing the impacts of buildout of the AlP. The Council's obligation is to listen to everything presented at this hearing, to assess the written documentation, and to use its best judgment in making statutory findings. If a Councilmember is not convinced the need, effect, and methodology for arriving at these fees are correct, he or she should not approve the fees. MIS Mastin/Kelly to adopt Resolution 97-70 Establishing the Airport Industrial Park Capital Improvement Fees within the City of Ukiah as amended was carried by the following roll call vote: AYES: Councilmembers Chavez, Kelly, Mastin, and Mayor Malone. NOES: Councilmember Ashiku. ABSTAIN: None. ABSENT: None. MIS Mastin/Kelly to adopt Resolution 97-71 Providing Interim Authorization for Airport Industrial Park Capital Improvement Fees within the City of Ukiah carried by the following roll call vote: AYES: Councilmembers Chavez, Kelly, Mastin, and Mayor Malone. NOES: Councilmember Ashiku. ABSTAIN: None. ABSENT: None. RECESSED. 11:31 p.m. RECONVENED: 11:38 p.m. City Attorney Rapport asked the Council to confirm its understanding that approval of Resolution 97-70 was to include the proposed amendment to Section 2 of the "resolved" clause. All four Councilmembers voting in favor of Resolution 97-70 agreed their intent was to include the amendment to Section 2 of the "resolved" clause. 10e. Request for Letter of Support to State Wildlife Conservation Board for the Or,- Creek Restoration Project on Behalf of the Ukiah Valley Streams Coalitior - Bill Randolph, on behalf of the Ukiah Valley Streams Coalition, thanked City staff for the cooperation in putting this proposal together. MIS Malone/Mastin to approve a letter of support from the Mayor to the California Wildlife Conservation Board in support of a grant for funding a California Riparian Conservation Program for the Ukiah Valley Steelhead Trout Urban Stream Restoration Project and if the grant is successful, to authorize City staff to work with the Ukiah Valley Streams Coalition towards stream restoration on City-owned lands. The motion carried by the roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. Regular Meeting - May 7, 1997 Page 7 108 lOb. Proposed Amendment to Solid Waste Franchise Aqreement with Solid Waste Systems Public Works Director Kennedy noted this matter was before the Council at the request of the contractor, Solid Waste Systems, Inc. Solid Waste Systems would like to build a recycling facility in Ukiah. In order to amortize the cost of the facility over an extra five years, Solid Waste Systems is asking for this five-year extension to its contract. There will be no additional cost to the ratepayer. Jim Salyers, President of Ukiah Solid Waste, outlined the recycling project, which will enable Ukiah Solid Waste to bale and haul the recycled materials directly from Ukiah. MIS Mastin/Kelly to approve the amendment to the agreement entitled "Contract for Collection, Transpodation, and Disposal of Garbage, Refuse, and Rubbish, and Recycling of Recyclable Materials from Within the City of Ukiah," executed on March 23, 1992. The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 9b. Approval of Agreements Relative to the Kmart Project I. Agreement with Kmart for Orchard Avenue/Brush Street Improvements. ii. Agreement with Pear Orchard Associates for Orchard Avenue/Brush Street Improvements MIS Mastin/Ashiku to authorize execution of separate agreements with Kmart Corporation and Pear Orchard Associates to finance construction of a bridge over Orr Creek (as an integral part of the ultimate project to extend Orchard Avenue to Brush Street) carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 10a. Adoption of Resolution Commencing Sale of Surplus Property Community Services Director DeKnoblough noted the three City owned properties recommended to be declared surplus property were the North Fire Station site on North State Street, a parcel bordering Orr Creek on Oak Street, and a 35-acre, 2-parcel area on Low Gap Road. Councilmember Kelly asked that the property on Oak Street at Orr Creek not be included. MIS Kelly/Mastin to approve Resolution No. 97-72 Declaring Certain Real Properties as Surplus, as amended to include only Assessor's Parcels No. 170-050-13, 156-160-06 and 156-180-08, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 10c. Approval of Loan to Rural Communities Housing Development Corporation from Fund 335 for Low and Moderate Income Housing MIS Kelly/Mastin to approve a loan of $106,000 to Rural Communities Housing Development Corporation for two years at three percent interest from Fund 335, and authorize the City Manager to execute loan documents, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. Regular Meeting - May 7, 1997 Page 8 109 10d. Adoption of Resolution Revising and Updating the City of Ukiah Guidelines _for Implementation of the California Environmental Quality Act (CEQ.n) MIS Mastin/Malone to adopt Resolution 97-73 Revising the City CEQA Guidelines carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 11. CITY COUNCIL REPORTS Councilmember Chavez reported the Cinco de Mayo festivities went well over the weekend; she received positive comments on the event. Councilmember Ashiku had nothing to report. Councilmember Kelly reported she met with Assemblywoman Virginia Strom-Martin, attended a meeting of the Redwood Empire Division of the League of California Cities at Benbow, met with the City/County Committee on Air Quality Issues, appeared before the Board of Supervisors on behalf of the Mendocino Council of Governments (MCOG), and met with the Committee for the Arts and Recreation Center. Councilmember Mastin reported the Mendocino Solid Waste Management Authority reviewed four proposals for the Transfer Station, he attended an MCOG meeting as Chairman of the Mendocino Transit Authority, MTA has purchased a trolley which should soon be ready for use, attended his last Economic Development Financing Corporation meeting, and related the Big Brothers and Sisters group is sponsoring a beer and cigars fund raiser at the Hopland Brewery on Friday. Mayor Malone noted he attended a Good Morning Ukiah meeting, several Northern California Railroad Authority meetings, and the Oakland Museum is sponsoring a train excursion to Ukiah in order to visit the Grace Hudson Museum. 12. CITY MANAGER/DEPARTMENT HEAD REPORT City Manager Horsley reported the Commissioner Appreciation Dessert has been scheduled for Saturday, June 7, 1997, at the Grace Hudson Museum. 13. _CLOSED SESSION G.C. Section 54956.9 -Conference with Le al Counsel Re ardin Existin Litigation a. Ukiah v. First Merchant et al. San Mateo Su erior Court No. 398401 The Council adjourned to Closed Session in regard to the above-entitled matter at 12:31 a.m., May 8, 1997. No action was taken. 14. ADJOURNMENT The Council readjourned in open session to adjourn the meeting at 12:47 a.m., May 8, 1997. Colleen B. Henderson, City Clerk Regular Meeting - May 7, 1997 Page 9