HomeMy WebLinkAboutMin 05-04-94 MINUTES OF THE CITY COUNCIL OF THE
.CITY OF UKIAH - May 4, 1994
The City Council convened in a regular meeting, of which the
agenda was legally noticed and posted, at 6:35 p.m., in the
Council Chamber of the Civic Center, 300 Seminary Avenue.
Roll was taken and the following Councilmembers were
present: Mastin, Malone, Wattenburger, Shoemaker and Mayor
Schneiter. Staff present: City Clerk McKay, City Manager
Rough, City Attorney Rapport, Redevelopment/Economic
Development Coordinator DeKnoblough, Principal Planner
Saywer, Public Utility Director Barnes, City
Engineer/Public Works Director Kennedy, Finance Director
Butt and Community Development Director Harris.
2. Invocation Pled e of Alle iance
Councilmember Malone quoted George Mitchell who spoke to
public testimony and patriotism during the Iran Contra
hearings and Mayor Schneiter led the Pledge of Allegiance.
3a. Proclamation Declarin Ma 16-2_~0 1994 as National
Transit A reciation Week
Mayor Schneiter read and presented this Proclamation to
Mendocino Transit Authority General Manager Bruce
Richards, who delivered a box of new bus schedules and
expressed appreciation for Councilmember Mastin's
service on the MTA Board of Directors.
SPECIAL ORDER OF BUSINESS
4a. Presentation b Cultural Arts Advisor Boardmember
Jim~ield
Mr. Mayfield was not present.
5. A royal Correction of Minutes of S_~cial ~
M/S Malone/Wattenburger to approve the minutes of the
regular meeting of April 25, 1994, as submitted. The motion
was carried by the following roll call vote: AYES:
Councilmembers Malone, Wattenburger, and Shoemaker.
NOES: None. ABSTAIN: Councilmembers Mastin and Mayor
Schneiter.
6. Riqht to Appeal
Mayor Schneiter reviewed Section 1094.6 of the California
Code of Civil Procedures regarding the appeal process.
CONSENT CALENDA~
M/S Wattenburger/Malone to approve the Consent Calendar
as follows:
7a. Pertaining to the receipt of Parks and Recreation
Commissioner William Clarke April 6, 1994 letter of
resignation, authorized the City Clerk to advertise to fill
this vacancy.
7b. Approved amendments to the Ukiah Solid Waste Disposal
Site stipulated agreement 94-01 with Local Enforcement
Agency of Mendocino County Environmental Health
Department, and authorized staff to initiate as addendum to
agreement 94-01.
7c. Awarded bid for One-ton truck with service body and
crane for water department, to Ukiah Ford in the amount of
$22,009.85
The motion was carried by the following roll call vote:
AYES: Councilmembers Mastin, Malone, Wattenburger,
SHoemaker, and Mayor Schneiter. NOES: None
·
68
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward.
Mayor Schneiter announced as it is not yet 7:00 p.m., the
time of the designated public hearing, the next item of
business will be addressed.
NEW BUSINESS
10a. Consideration of Statement of Support by the City
Council for Mendocino Solid Waste Manaqement Authority's
Intention to Issue Request for Proposal for Private Sector
Development of a Transfer Station/Resource Recovery Facility
and/or Lonq Distance Waste Haul
The City Manager reported for the past several months he has
been actively participating in discussions with a number of
private refuse companies, owner/operators of multi-regional
landfills, as well as the proponents of the Citec project
in Willits. He noted the County has been a participant
also. He explained these discussions are in the best
interest of this City, its citizens and businesses to
explore alternatives which achieve the following objectives;
1) To protect the financial viability of the Ukiah
landfill so that the City has adequate funds reserved for
closure and post closure, to avert having to carry the full
burden of closure associated costs; 2) To protect our City's
residential and commercial ratepayers from facing huge
increases in their future refuse collection service; and 3)
to achieve a solution to the handling of the County's total
waste stream, both short and long term. He outlined the
recent efforts by the Mendocino Solid Waste Management
Authority to pursue a transfer station/resource recovery
facility and requested official Council support.
Councilmember Shoemaker reported on the MSWMA board
concerns for the costs associated with the RFP process,
budget constraints, and possible assistance from the County
and Cities.
The City Manager reported there are other options in lieu of
Citech at this point.
Councilmember Malone stated it is in the best interest
of everyone to keep the regional interest in mind for the
long term.
M/S Shoemaker/Wattenburger that the City of Ukiah
supports the Request for Proposal processes as set forward
by the Mendocino Solid Waste Management Authority Board and
that the City of Ukiah is willing to accept the entire
County Wastestream as a short term alternative until such
a facility were to be built, or to the point when it desires
to close it's landfill; and that the Ukiah City Council
desires to look at some site specific proposals as well any
others. The motion was carried by the following roll call
vote: AYES: Councilmembers Mastin, Malone, Wattenburger,
Shoemaker and Mayor Schneiter. NOES: None. Absent: None.
Mayor Schneiter expressed his appreciation to the City
representative and City staff in their efforts to address
these solid waste issues.
M/S Shoemaker/Wattenburger to support the concept that
Mendocino Solid Waste Management Authority develop a line
item in their budget which is dedicated to the transfer
station RFP proposal. The motion was carried by a
unanimous voice vote of all AYE.
The City Manager stated it is our hope that the RFP will
not cost any additional money and/or can be done in house.
Reg. Mtg.
May 4, 1994
Page 2
9a. Appeal of Planninq Commission Dete~-mination
Inadequacy of Mitiqated Neqative Declaration and Denial of
Use Permit No. 93-32, KMART, to allow retail sales and
Construction of a 117,000 square foot buildinq and a 4,800
s~uare foot development Dad on North Orchard Avenue,
Nos. 002-370-01 , 02, 03, 04, 05, 06, 07, and 08,
002-370-12, 13, 14, 15, 16, 17, 18, 19, 23 and 24 in thc
R-2 Multiple Family Zoninq District '
Mayor Schneiter stated as this is a quasi-judicial
hearing, it is necessary for Council to view the site prior.
He polled the Council and all answered in the affirmative
that they had viewed the site.
Councilmember Shoemaker read a statement declaring a
potential conflict of interest as advised by the City
Attorney, as he has a contractor/client relationship with
one of the owners and recommended mitigation to this project
will significantly impact his business on Brush Street. He
noted he cannot speak as a Councilmember but may speak as
member of the public.
Councilmember Shoemaker excused himself from the dais at
7:03 p.m.
Community Development Director Harris referred to additional
written material received since Noon to 5:00 p.m. today, and
distributed to Council. He indicated revised Resolutions
have been provided in this material which reflects the Air
Quality recommended mitigations.
The Community Development Director reported the Planning
Commission considered and denied Use Permit No. 93-32 and
found the mitigated negative declaration inadequate. He
reported on the project's scope, environmental evaluation,
traffic/circulation study, air quality concerns expressed by
the Air Quality Management District and staff's
recommendation for approval with mitigations for this
project including conditions.
The Principal Planner reported on the current status of the
Growth Management Steering Committee's General Plan Update
and the progress as it relates to this project's scope. He
indicated the three elements are still in draft form and are
subject to future revision. He reported this status report
is appropriate at this time to provide Council with a look
into the future concerning elements of the proposed general
plan pertaining to traffic circulation, land use and
historical/archeological.
The City Engineer/Public Works Director Kennedy reported on
the traffic studies and provided overhead slides showing
traffic flows and counts in the neighborhoods surrounding
this project.
The City Manager announced the applicants have acquired the
property to extend Orchard Avenue to Brush Street and have
agreed to annexation to the City. He explained that as the
City of Ukiah continues it's efforts towards economic
development goals within the City, air quality is also a
concern as it is in the best interest to preserve health and
improve air quality and mitigate any negative impacts to the
Ukiah Valley. He reported on the applicant's agreement to
make a contribution toward a Air Quality offset fund to be
established in the future by a City Ordinance.
Council discussed with staff questions pertaining to levels
of service in the traffic study and the Gobbi/Orchard
signalization fund 5% contribution by applicant due to
increased traffic flows on Orchard to Gobbi to access the
freeway. Subjects also discussed regarding modified site
plan parking will be on final plan, a covered pedestrian
walkway, and possible closure of Orr Street bridge to
traffic after Orchard Avenue is extended.
69
Reg. Mtg.
May 4, 1994
Page 3
70
PUBLIC HEARING OPENED - 8:27 p.m.
Scott Mommer, Project Engineer, Lars Anderson Associates,
4630 West Jacquelyn Avenue, Fresno, indicated his firm
represents KMART, distributed a handout to Council and
made a presentation to Council showing overhead slides
concerning the proposed project, traffic flows on adjacent
streets in the area of the proposed site, reported they have
made an agreement with Ukiah Valley Hospital to provide an
easement for the extension of Hospital drive, confirmed the
agreement with the Air Quality district in which the final
letter was received today, and presented a petition with
over 1500 signatures, separated by City or County residents.
He encouraged Council to approve this project as there has
been a tremendous amount of work by everyone to address all
of the community concerns with mitigations which will
benefit the whole community.
Donna Roberts, 781 Sidnie Court, stated the mitigations
are insufficient to address the neighborhood's suffering due
to increased traffic, decreased safety, loss of character
and ambiance, and lost housing on the corner of Orchard and
Clara to make room for a restaurant. She requested the
following mitigations; 1) Remove the proposed pad for a
restaurant in a residential area; 2) Provide and easement
from the north edge of Orchard to Hamilton Street; and 3)
Use the funds in Condition No. 12 instead to establish a
neighborhood traffic committee to address traffic calming
measures.
Eric Larson, 123 Clara Street, stated he opposes this
project due to increased traffic reaching capacity in
residential areas due to search for alternate routes
avoiding traffic congestion. He indicated the neighborhood
will deteriorate from owner occupied homes to rentals then
to slums. He cited the example of the Betty/Lorraine
neighborhood next to Walmart. He commented there are no
parks in his neighborhood for children to play and increased
traffic discourages families from living there. He expressed
concern for cumulative impacts, the mitigated negative
declaration does not address impacts associated with
establishing a restaurant in a residential area. He
presented overhead slides showing his neighborhood groups
traffic counts and proposals. He indicated alternative
traffic routes concerning the extension of Norton Street, is
also required in addition to the Orchard Avenue extension.
He requested the City meet with representatives from our
neighborhood to relieve traffic problems, in which if
accomplished, there will be no need to complete an
environmental impact report. He requested an agreement be
developed in which a comprehensive traffic calming program
be implemented on their streets to reduce speed and deter
people using them as shortcuts, and indicated if there can
be an agreement, then an environmental impact report will
not be needed. He requested this agreement would serve as
mitigations, and should be added to the conditions of
approval and the mitigation monitoring program as required
by the public resources code Section 21080.6.
There were no questions from Council.
Recess - 9:01 p.m.
Reconvened - 9:13 p.m.
Adam Freeman, #3 Spanish Mountain, stated he is speaking as
a member of an organization. He stated the next 10 years
will determine if the Ukiah Valley will turn into
communities similar to the south of us. He urged Council to
embrace good planning. He noted the cumulative impacts of
this project indicates the need for an EIR. He approves of
KMART's active participation in mitigations and urges the
addition of more bicycle lanes.
Reg. Mtg.
May 4, 1994
Page 4
Bill Randolph, 760 Sidnie Court, stated he is a member of
the Planning Commission who did not support this project. He
referred to the hand delivered letter he delivered to
Council on Monday which providing his professional critique
of a less than adequate assessment phase of the project,
based upon his 25 years of experience in land use planning,
as he has been an independent consultant since 1976, and
knows the CEQA process. He cited lack of qualitative
approach in the negative declarations, in terms of impact,
definition and assessment. He expressed disappointment that
the February alternative design was not included in the
second mitigated negative declaration. He indicated that
neighborhood planning advocacy should be included in the
planning development. He also noted the negative declaration
failed to address the historical significance of the Ford
and Clara Streets neighborhood. He expressed concern using
the 1975 basis for projected thresholds of traffic volumes.
David Morrow, 306 East Gobbi Street, Air Quality
District, indicated that although the Air Quality District
has submitted written testimony as to important issues, he
would like to address these issues for the record. He stated
this project is precedent setting in which the set of
mitigations developed which will address short and long term
air quality impacts. Initially the Air Quality District
requested an EIR to mitigate the additional 4,500
automobile trips attracted to this project. After extensive
discussions with KMART, there has been a satisfactory set
of mitigations developed to protect citizens from any future
violations of State Air Quality Standards. He noted the
project has included additional pedestrian improvements,
effective bus transit stops, a trip reduction program and
the establishment of a offset fee to fund the development of
a multi-agency program to reduce air quality problems in
the Ukiah Valley, which will increase with future
development.
Jim Phelps, 415 E. Gobbi Street, Executive Director of the
Chamber of Commerce, stated the Greater Ukiah Chamber of
Commerce unanimously supports KMART's expansion as it will
serve as an attraction for more shopping in Ukiah, which
will benefit all businesses. He indicated that competition
is good for the community while improving the quality of
life in our valley too.
Val DeVitt, 275 Hospital Drive, Ukiah Valley Medical
Center, stated he is not opposed to KMART expanding. He
indicated he has written about his concerns and had met with
staff, regarding the closure of Hospital Drive. He requested
the addition of the following statement be included in any
action taken by the City Council in approving this project;
"The Ukiah Adventist Hospital DBA Ukiah Valley Medical
Center, shall be assured that the traffic flow that is
essential to permit full future development of the hospital
property will be allowed on Hospital Drive and Hamilton
Streets without requiring mitigation or additional street
changes or improvements. This assurance shall apply to the
entire hospital parcel of property as acquired in 1976." He
reiterated they do support the KMART project as proposed.
Judy Pruden, 304 South Hortense, owns property on Clara
Street, stated she will provide Council with a few thoughts
on what was discussed by the Growth Management Steering
Committee. She reviewed the recommended density levels
surrounding the proposed pad, in which the GMSC voted
opposition to commercial development of end parcels. She
indicted this proposed commercial development of the end
parcel is inappropriate. She referred to the proposed Norton
Street extension and Leslie Street extensions which were
discussed when the Ukiah Redevelopment Agency was
proposing to build the County administration downtown. She
expressed her opposition to a light on Clara Street as it
will encourage more traffic flow on this street. She stated
we need to keep the light on Norton Street as the GMSC is
discussing the extension of Main Street to Talmage, and
71
Reg. Mtg.
May 4, 1994
Page 5
72
Main Street already carries a large amount of traffic
circulation.
Jenny Chandler, 832 Alice Street, noted she has moved here
from Southern California, and expressed concern for the
existing parking problems in the shopping areas in Orchard
Plaza. She indicated the distance between major stores
creates unnecessary driving. She supports the neighborhood
efforts to work with the City to calm the traffic in this
area.
Barbara Madden, 200 Clara Avenue, stated she is opposed to
the proposal to close Clara to a cul-de-sac with Norton
Avenue extension as an alternative. She does not oppose
KMART and supports the mitigation efforts, as the
extention of Orchard to Brush will relieve the traffic
problems on Clara and Ford Streets.
Jean Harmon, 3100 Westerly, stated she lives on the
eastside of the valley, and these residents traffic flows
should be considered. She stated signaling is needed for the
south traffic exiting off the Perkins Street offramp for
turning left going to the east. She noted people are turning
right to drive around to get back on Perkins to travel east,
which creates more traffic on Perkins and Orchard.
No one else came forward.
REBUTTALS
Scott Mommer, applicant representative stated he just met
with the neighborhood residents and they have reached terms
regarding their concerns, which are; 1) Deletion of this
proposed driveway onto Clara Street and create a 10 foot
landscape buffer; 2) KMART will commit to a 30 foot
unobstructed easement by a grant deed through our parcel to
continue Hospital Drive; and 3) KMART supports the
neighborhood efforts to work with City staff to reduce
traffic in the neighborhoods. He clarified that the
designated Pad A is not part of this current application
for this proposed project.
Eric Larson, noted this proposed easement will need
approval by the Ukiah Valley Medical Center in order to
reach Hamilton and should be addressed. The neighborhood
group concurs with the agreement to eliminate the driveway
exiting onto Clara and any Commercial development will
create a buffer facing away from their neighborhood to
reduce traffic, sound, and light etc.
PUBLIC HEARING CLOSED - 9:55 p.m.
Mayor Schneiter stated he is concerned about the traffic
signal at Clara. He indicated calming of traffic can be
accomplished with increased police enforcement. He feels
there has been much compromise on both sides concerning this
project and supports the Air Quality fee for future
mitigation, increased bike lanes, and the landscaping. He
appreciates the tremendous input into this project's
development, and supports the neighborhood active
participation. He noted business is a neighbor too, and our
community needs viable businesses.
Councilmember Wattenburger concurred with Mayor
Schneiter's comments. He expressed his appreciation to
staff for their efforts in working with the Air Quality
District and the establishment of this new program. He
encourages increased early interaction by the City, with all
agencies in future projects. He also encourages more bike
lanes.
Councilmember Malone noted in the preliminary landscape
plans, one tree for each six parking places is designated,
instead of one in every four, and this should be corrected.
He suggested looking at funding bike lanes or traffic
Reg. Mtg.
May 4, 1994
Page 6
73
calming options other than ticketing, with the elimination
of the Clara Street signal. He suggested a future option of
extending Norton, is to look at going under the railroad
tracks.
Councilmember Mastin agrees the signal on Norton and
State Street should stay. He is also concerned about
commercial on Clara Avenue which changes the flavor of the
neighborhood. He expressed concern regarding the increased
traffic problems surrounding the freeway onramps. He also
agrees that some traffic calming methods should be
implemented on Clara Avenue.
Councilmember Wattenburger requested Mr. DeVitt to
clarify the hospitals commitment to the hospital drive
easement.
Mr. DeVitt stated he is not in the position to speak for
the Hospital Board, but it is not in the best interest of
the Hospital create an easement which will encroach on a
future medical building. He noted following the existing
Hospital Drive outline would be desirable, if KMART's
easement could be aligned with it.
The City Attorney questioned the intent of the language
requested by the Hospital.
Mr. DeVitt indicated they do not want to be restricted
from putting in an office building or medical facility on
this street because they do not have access, due to the
proposed closure of Hospital Drive.
Councilmember Wattenburger encouraged the neighborhood
committee to bring their concerns and proposals to the City
of Ukiah Traffic Engineering Committee. He does not favor
the creation of another committee.
Councilmember Malonesuggested possible
landscaping for traffic calming methods.
use of
M/S Wattenburger/Mastin to adopt the Resolution
approving the mitigated negative declaration, with the
elimination of Condition No. 11 pertaining to the State
Street/Clara Signalization Fund.
Discussion ensued regarding possible use of these funds for
traffic mitigations on Clara or leaving this condition to
allow for flexibility.
Councilmember Wattenburger, maker of the motion, amended
his previous motion to add Condition No. 11 back into his
prior motion.
Councilmember Mastin withdrew his second to the motion.
Mayor Schneiter seconded the amended motion.
M/S Wattenburger/Schneiter to adopt the revised
Resolution No. 94-47, approving the mitigated negative
declaration and mitigation monitoring program for use permit
application No. 93-32, KMART, with 22 Conditions in
Exhibit B. The motion was carried by the following roll call
vote: AYES: Councilmembers Mastin, Malone, Wattenburger,
and Mayor Schneiter. NOES: None. Absent: Councilmember
Shoemaker.
The City Attorney stated that findings will need to be
approved at the next Council meeting.
M/S Wattenburger/Schneiter to adopt the May 4, 1994
revised Resolution 94-48, approving Use Permit application
No. 93-32, KMART, with the inclusion of additional
conditional wording of "add Conditions starting at No. 24,
elimination of driveway onto Clara Street and adding a 10
foot landscaping strip; add a 30 feet unobstructed street
Reg. Mtg.
May 4, 1994
Page 7
74
easement from property owner (providing a legally
enforceable means for ensuring that this remains open for
future access, subject to approval of the City Attorney) to
the City of Ukiah to the approval of both property owners,
with final approval of findings by Council at regular
meeting of May 18, 1994. The motion was carried by the
following roll call vote: AYES: Councilmembers Mastin,
Malone, Wattenburger, and Mayor Schneiter. NOES: None.
Absent: Councilmember Shoemaker.
Mayor Schneiter informed Mr. Larson that the traffic
calming issue will be resolved outside of this meeting.
9b. Consideration of and Authorization to Execute
Aqreements Reqardinq Street and Bridqe Improvement~
The Community Development Director reported these proposed
agreements between the City and KMART are for assisting in
the construction of the Orchard Avenue bridge at Orr
Creek, the extension of Orchard Avenue to Brush Street and
upgrades to Brush Street westerly to the City limits. He
explained a draft agreement with the County of Mendocino
to complete the improvements which lie in the County's
jurisdiction and provide ongoing maintenance of these
improvements. He explained the anticipated completion date
is November 1995, pending environmental evaluation and
receipt of required permits.
PUBLIC HEARING OPENED - 10:24 p.m.
Richard Shoemaker, 115 Brush Street, referred to the
agreement with the County of Mendocino concerning the
maintenance of the improvements to Brush Street going up to
up to the railroad tracks. He also noted this railroad
crossing is currently uncontrolled and with the additional
traffic, a controlled crossing will need to be installed for
safety.
Mayor Schneiter answered the developer is responsible for
obtaining all of the environmental compliance and permit
requirements. He noted this public hearing is in regards to
the agreements.
PUBLIC HEARING CLOSED - 10:26 p.m.
M/S Malone/Wattenburger to approve all four of the
agreements, as proposed: 9bi. Agreement between the City
of Ukiah and KMART Corporation for KMART to pay City
$200,000 towards construction of Orchard Avenue bridge at
Orrs Creek; 9bii. Agreement between the City and Pear
Orchard Associates to pay City $75,000 towards construction
of Orchard Avenue Bridge at Orrs Creek; 9biii. Agreement
between City of Ukiah and KMART Corporation for KMART
to loan to the City of Ukiah funds to construct
improvements on Brush Street from Orchard Avenue extension
westerly to City Limits; 9biv. Agreement between the City
of Ukiah and County of Mendocino for City to construct
improvements on County right-of-way and accept maintenance
of the improvements. The motion was carried by the following
roll call vote: AYES: Councilmembers Mastin, Malone,
Wattenburger, and Mayor Schneiter. NOES: None. Absent:
Councilmember Shoemaker.
Recess - 10:28 p.m.
Reconvened - 10:33 p.m.
Councilmember Shoemaker rejoined the meeting at this time.
9c. Consideration of Resolution Amendinq Fees for Final
48-Hour Notices and Disconnect Charqes for City Utility
Service
The Finance Director reported this proposed amendment will
change the 48 hour notice business rate from $12 to $5; the
Reg. Mtg.
May 4, 1994
Page 8
75
48-hour notice residential rate from $6 to $5; will not
change the current disconnect business rate from $35; and
change the disconnect resident rate from $30 to $35. She
explained these reductions are due to notices being mailed
instead of hand delivered and hung on the doors. These new
proposed fees reflect a decrease in cost of providing
service due to a change in internal procedures.
PUBLIC HEARING OPENED - 10:37 p.m.
No one came forward.
PUBLIC HEARING CLOSED - 10:38 p.m.
M/S Malone/Wattenburger to adopt Resolution No. 94-49,
amending fees for final 48 hour notices and disconnect
charges for City utility service. The motion was carried by
the following roll call vote: AYES: Councilmembers Mastin,
Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES:
None. Absent: None.
11. City Council Individual Reports Only
Councilmember Shoemaker
Reported on the League of California cities business
concerning the Housing element and noted the Redwood Empire
Division now consists of Cities north of Cloverdale. He
reported the Division meeting will be hosted in Ft. Bragg
on August 6.
Mayor Schneiter
He reported the need to reset the Council/Staff Goal Setting
session to another date and time.
It was the consensus of Council to adjourn this meeting to
May 10, 1994, at 6:30 for Council and Staff Goal Setting
Workshop.
The City Manager noted he has no reports and there is no
need to go into Closed Session.
ADJOURNMENT
There being
to May 10,
Chambers.
CCMIN.163
no further business, ~ meeting was adjourned
1994, at 6:30 p.m., i~ the Civic Center Council
Cathy McK~ CMC/~, City Clerk
/
Reg. Mtg.
May 4, 1994
Page 9