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HomeMy WebLinkAboutMin 11-17-93MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - November 17, 1993 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:34 p.m., in the Council Chamber of the Civic Center, 300 Seminary Avenue. Roll was taken and the following Councilmembers were present: Mastin, Malone, Shoemaker and Mayor Schneiter. Absent: Councilmember Wattenburger. Staff present: City Clerk McKay, City Manager Rough, Public Works Director/City Engineer Kennedy, Finance Director Burt, Community Development Director Harris, Public Utility Director Barnes, Redevelopment/Economic Development Coordinator DeKnoblough and Acting Police Chief Williams. ' INVOCATION/PLEDGE OF ALL~GIANCR Councilmember Malone delivered the Invocation honoring past Mayor and Councilmember Theodore Feibush, and asked for a moment of silence in his memory. The Pledge was led Mayor Schneiter. 4a. Introduction of New Employee - Police Officer David McQuery The Acting Police Chief introduced Mr. McQuery, and provided Council with a brief biography. Mr. .McQuery expressed his appreciation for the honor of serving his home town community. APPROVAL/CORRECTION OF MINUTES 5a. Reqular Meetinq of October 27, 1993 M/S Malone/Mastin to approve the minutes of the regular adjourned meeting of October 27, 1993, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 5b. Reqular Meetinq of November 3, 1993 Councilmember Shoemaker requested correct spelling of Paul Cayler's name, and the following addition to Page 4, Item 10d., 3rd paragraph; change "Cytech" to "Sitech" and add "Material Recovery Facility (MRF)." M/S Shoemaker/Malone to approve the minutes of the regular meeting of November 3, 1993, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 6. Riqht to Appeal Decision Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil procedures regarding the appeal process. CONSENT CALENDAR M/S Mastin/Malone to approve the Consent Calendar as follows: 7a. Received and accepted Reports of October 1993 Disbursements. 7b. Adopted Resolution No. 94-29, fixing limitation of City Expenditures at $15,440,907 for 1993-94 Fiscal Year. 7c. Accepted the work as complete by Ferranti Construction, and authorized the City Clerk to file Notice of Completion for Sidewalk Reconstruction, Specification No. 93-12. 8 8. COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS None. NEW BUSINESS 10a. Authorize the City Manaqer to Execute Ground Lease Aqreement with Bob Stout Authorize Sublease to Federal Express for Site at Ukiah Municipal Airport The City Manager reported this proposal consists of a 30 year ground lease for one acre of undeveloped Airport land which is located north of the northern most existing hanger and 250 feet south of Hastings Road. The Redevelopment/Economic Coordinator reported on the specifics of the proposal, in which Mr. Stout has secured a sublease with Federal Express and an agreement to construct a 14,000 square foot air cargo receiving facility, and explained the details of the lease with Mr. Stout. He further explained costs incurred by Mr. Stout will be construction of the building in excess of $500,000, additional on site improvements including storm drainage, paving, sewer, water, landscaping, and extension of 420 feet of roadway, with reversion to the City of Ukiah at the end of the 30 year lease. It was noted that increased property value will benefit tax increment for the Redevelopment Agency. Councilmember Malone questioned building design and access to Hastings Road. The City Manager noted there will be design review and no planned access to Hastings Road. M/S Shoemaker/Malone to approve the ground lease agreement with Bob Stout and Authorize the City Manager to execute the Ground Lease agreement. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. Mayor Schneiter noted as the time is not yet 7:00 p.m., which is the time scheduled for the Public Hearings, we will move forward to the agenda portion of business regarding Reports. CITY COUNCIL REPORTS Councilmember Mastin None. Councilmember Malone Reported he attended a productive Greater Ukiah Chamber of Commerce Board of Directors retreat. Councilmember Shoemaker Reported on the Mendocino Solid Waste Management Authority meeting he attended. Mayor Schneiter Reported on the NCPA meeting he attended on November 8 with the Public Utility Director, noted he will be attending a NCPA meeting in Roseville regarding re-injection of the Geothermal fields, and noted he attended the Ukiah Valley Sanitation District Board meeting this afternoon. 12. City Manaqer/Department Head Reports The City Manager reported he is attending a Leadership Mendocino meeting to address the new class regarding City Reg. Mtg. November 17, 1993 Page 2 government and informed Council of a school board meeting concerning youth service programs. The City Clerk reported on the November 10th Northern California City Clerks Association Business meeting and luncheon hosted in Ukiah at the Todd Grove Room, in which 28 City Clerks attended in addition to City staff and Mayor Schneiter. PUBLIC HEARINGS 9a. Consideration of Zone Chanqe Application No. 93-25, at filed by John Carlile, from R-i, Sinqle Family Residential, to Planned Development, for Property Located at 950 Marlene Street, AP~ 003-100-19 The Community Development Director reported on the Planning Commission recommendation for approval of a zone change from Residential-1 to Planned Development, designating Medium High Density Residential, which would allow 8 units and is consistent with the current General Plan. Further specific details were reported pertaining to this matter. Councilmember Shoemaker clarified the Negative Declaration should refer to $ allowed units, instead of 10. The Community Development Director noted this would be corrected and proceeded to present slides concerning the site. PUBLIC HEARING OPENED - 7:12 p.m. Bill Townsend, explained he has been the adjacent property owner to this site since 1950. He expressed concern for obstruction of sunlight for his garden, fruit and nut trees; no playground in the immediate area for the small children living in the apartment complexes; solid fence protection for his property; disagrees with a zone change at this time until there is more open space and children's facilities for the existing apartments; and flooding that occurs on the subject property with winter rains, and expressed fear that site development would cause the flooding to run onto his property, therefore requested drainage mitigation. He expressed his desire to see the apartment complex built away from his property and indicated he wishes to see the plans when ready. PUBLIC HEARING CLOSED - 7:23 p.m. The Community Development Director explained Mr. Townsend's concerns can be addressed in the site development plans. Council discussion ensued regarding desired solar easements, and the negative declaration and CEQA process. Councilmember Malone explained to Mr. Townsend that his concerns have been noted and they will be addressed in the development plans, and he will be kept informed of the process. 9ai. ADDroval of Neqative Declaration M/S Malone/Mastin to find the negative declaration adequate and complete. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent- Councilmember Wattenburger. ' 9aii. Introduction of Ordinance Rezoninq Property Withir the City of Ukiah, Zoninq Code Amendment No 93-25 Carlile · · M/S Malone/Mastin to read the title only for the first reading of the proposed Ordinance. The motion was carried by an unanimous voice vote of all AYE. Reg. Mtg. November 17, 1993 Page 3 10 The City Clerk read the title only of the proposed Ordinance. M/S Malone/Mastin to introduce the Ordinance, amending Chapter 2, Division 9, of the Ukiah City Code by Rezoning Property (Zone Change No. 93-25, Carlile) at 950 Marlene Street. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 9b. Consideration of General Plan Amendment, Zone Chanqe, and Use. Permit Applications No. 93-16, as filed by Aldis Baltins, DBA Ukiah Surqical Center, Inc., for General Plan Amendment from Medium Hiqh Density Residential to Hiqh Density Residential; Zone Chanqe from R-2, Multiple Residential, to R-3, General Multiple Residential, Zoninq District, for Property Located at 271 Observatory Avenue and 1127 South Dora Ave., AP# 003-130-44 and 003-130-67 The Community Development Director reported on the Planning Commission approval of the applications for this single project for construction of a surgical center/medical office complex located at 271 Observatory and 1127 South Dora. He explained the proposed zone change, use and design, neighborhood composition, and use density levels. He noted the project has had several design modifications with the final design yet to be approved by the Planning Commission. He showed slides of the project site and adjacent neighboring properties. Mayor Schneiter polled the Council as to whom had viewed the site. All Councilmembers indicated they had viewed the site. Discussion ensued regarding access to Dora Street, current zoning possible uses and volumes, parking and traffic. The Community Development Director reviewed the conditions. PUBLIC HEARING OPENED - 7:42 p.m. Bill Ditty, 207 Laws Avenue, expressed support of the proposed project as Ukiah desperately needs an outpatient surgical center, as it is less expensive and no current facility exists currently. Aldis Baltins, Chief Executive Officer of the Corporation that owns the project, distributed and read a copy of the purpose and mission statement of this Corporation to the Council. He indicated that this Corporation has built 150 of these surgical centers and investors are local Doctors here in Ukiah. He explained there will be two operating rooms with support of 12 employees. He indicated this site is the most desirable due to the close proximity of the Doctors offices. He explained patients are thoroughly screened and there is rarely a need for transport to a Hospital. Robert Axt, 4925 Eastside Calpella Road, Project Architect, explained the project design, the building phases, ingress and egress via Observatory Avenue, noted he prefers a 50 foot setback with front parking instead of a 20 foot setback. He indicated this project would not impact the neighborhood residential area as there will be no night or weekend use. He noted the applicants are willing to design and develop a project that every one can be proud of. Mary Rose, 861 Live Oak Avenue, stated her objections to this development as it will affect the value of her multi-residential property across the street. She expressed concern for additional impact of more traffic on Observatory Avenue, lack of street parking, further future development of a similar nature in the immediate area causing further impact. She indicated she desires the zoning to remain the same. Reg. Mtg. November 17, 1993 Page 4 11 Carla Cope, daughter of Mrs. Rose, indicated she does not live there, but expressed concern for traffic, on street parking, impact to the neighbors, traffic through parking area from Observatory to Dora, and explained her desire to see a surgical center locate to an area that is not residential. CLOSED PUBLIC HEARING - 8:24 p.m. Councilmember Malone expressed concern the projected average daily trips of 226 is too high for this project, in relation to the projected daily traffic flows of a residential use of 6.1 trips per unit. He explained a surgical center would not have the same traffic volume as a hospital. Councilmember Shoemaker explained his desire to see the negative declaration amended to reflect affirmation that there will be changes in water absorption rates, drainage patterns, or the rate and amount of surface runoff, due to the large paved parking area in comparison to what exists currently. 9bi. Approval of Neqative Declaration M/S Shoemaker/Schneiter to amend the wording of the Negative Declaration on Page 2, Item 3b. from "Maybe" to "Yes", and approve the amended Negative Declaration and find it adequate and complete. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 9bii. Adoption of Resolution Approvinq General Plan Amendment No. 93-16 M/S Malone/Mastin to adopt Resolution No. 94-30, approving General Plan Amendment No. 93-16, Baltins. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 9biii. Introduction of Ordinance Rezoninq Property for Zone Chanqe No. 93-25 M/S Shoemaker/Malone to read the title only of the proposed Ordinance for the first reading. The motion was carried by a unanimous voice vote of all AYE. The City Clerk read the title only of the proposed Ordinance. M/S Malone/Shoemaker to introduce the Ordinance amending Chapter 2, Division 9, of the Ukiah City Code by rezoning property, (Zone Change No. 93-16, Baltins). The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 9biv. Adoption of Resolution Approvinq Use Permit No. 93-16 Mayor Schneiter noted Council can change the proposed conditions of this Use Permit. Discussion ensued regarding the wide and long roofline, possible softening of the lines, and additional landscaping. The Community Development Director reported that final designs have not been completed at this time. He referred to a revised proposed Resolution he distributed to Council, reflecting additional conditions and findings. Councilmember Shoemaker commented a design review process should be implemented to alleviate this function from the Planning Commission. Reg. Mtg. November 17, 1993 Page 5 12 Mayor Schneiter stated that any review of design by any group would result in many differing opinions. He indicated he prefers amended wording reflecting the final building design be approved by the Community Development Director, after negotiations with the applicant and the architect. M/S Schneiter/Shoemaker to amend the proposed resolution wordin on Page 1, Item A.2., delete "Planning Commission ', and replace with "Community Development Director", and to adopt the revised Resolution, No. 94-31, approving Use Permit No. 93-1, Baltins. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. Recess - 8:47 p.m. Reconvened - 8:54 p.m. 9c. Consideration of Zoninq Code Amendment No. 93-31, b} Ordinance Amendinq the Zoninq Code to Establish Procedure~ for Grantinq Density Bonuses for Qualified Low and Moderate Income Housinq Projects, Includinq the Use of Planned Development Zone, and Possible Modification of Development Standards The Community Development Director reported California Government Code Section 65915 et seq., stipulates that cities and counties grant density bonuses or other incentives to developers of qualified low and moderate income housing if requested, but a local ordinance must be in effect. He indicated there is a need for adoption of this proposed ordinance as an urgency measure due to current pending projects, and will become effective immediately upon action by Council. He further explained the Planning Commission action and the details of the density bonus incentives. PUBLIC HEARING OPENED - 8:55 p.m. Duane Hill, Executive Director of Rural Communities Housing Development Corporation, stated this program will benefit the community and citizens by providing low income families with homes. No others came forward. PUBLIC HEARING CLOSED - 8:57 p.m. 9ci. Introduction of Ordinance Amendinq Division 9, Chapter 2, of the Ukiah City Code - Addinq Section 9253 - Density Bonuses for Low and Moderate Income Housinq Projects M/S Malone/Mastin to read the title only for the first reading of the proposed Ordinance. The motion was carried by a unanimous voice vote of all AYE. The City Clerk read the title only of the proposed Ordinance. M/S Malone/Mastin to introduce and adopt Ordinance No. 945, amending Division 9, Chapter 2, of the Ukiah City Zoning Code - Adding Section 9252 - Density Bonuses for Low and Moderate Income Housing Projects. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. ADJOURNMENT There being no further business, ..the meeting was adjourned at 8:58 p.m. CatFr~ M~a? CMClA / /, City CCMIN.149 Clerk Reg. Mtg. November 17, 1993 Page 6