Loading...
HomeMy WebLinkAboutMin 09-02-92333 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 2, 1992 The City Council convened in a regular meeting at 6:32 p.m., in the Council Chambers of the Civic Center, 300 Seminary Avenue. Roll was taken and the following Councilmembers were present: McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. Absent: Councilmember Malone, Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Community Development Director Harris, Planning Analyst DeKnoblough, Principal Planner Sawyer, Public Works Director Goforth, Electric Utility Director Barnes, Museum/Cultural Arts Director Abel-Vidor, Assistant City Manager, and Acting Executive Assistant Yoast. INVOCATION/PLEDGE OF ALLEG'IANCE The Community Development Director delivered the Invocation and Mayor Schneiter led the Pledge of Allegiance. SPECIAL ORDER OF BUSINESS 4a. Commendation to Barbara Wanderer Mayor Schneiter read and presented the Commendation to Ms. Wanderer, which expressed Council's appreciation for her contribution in coordinating the recent successful Chautauqua five-day series. Mayor Schneiter requested the City Manager to provide a verbal report on the impact to the City by the State of California budget adopted today. The City Manager outlined his estimations regarding fiscal impact to the City of Ukiah and the Ukiah Redevelopment Agency. APPROVAL/CORRECTION OF MINUTES 5a. Regular Meeting of August 5, 1992 M/S McMichael/Shoemaker to approve the minutes of the regular meting of August 5, 1992, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. 6. Right to Appeal Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR M/S Shoemaker/McMichael to approve the Consent Calendar as follows; 7ai. Approved the Payroll Warrants, #44743 to #44953, dated August 2 - 15, 1992, in the amount of $141,693.81; and the General Warrants, #56721 to #56900, in the amount of $7~7,490.13. 7aii. Approved the Payroll Warrants, #44743 to #44953, dated August 2 - 15, 1992, in the amount of $141,693.81; and the General Warrants, #56901 to #57073, in the amount of $359,900.12. 7b. Denied the claims received from William L. Nash, and Shasta Dam Area Public Utility District, and referred them to the City's insurance carrier. 7c. Authorized the City Clerk to advertise the vacancy for the City representative on the Library Advisory Board, which occurred with Peggy Cleveland's resignation. 334 7d. Rejected the bids received for undercarriage components for a D8N Caterpillar Tractor from Empire Tractor Company and Acme Rigging and Supply, as the materials did not meet City specifications; and awarded the bid to Peterson Tractor Company of Santa Rosa in the amount of $16,645.18, including tax; and authorized the mid-year appropriation and transfer of $16,645.18 for Reserve Fund No. 661.240.051 to Account No. 660.3401.302, Equipment Maintenance and Repair. 7e. Ratified the City Manager's approval to purchase two Police vehicles per State Bid process, from Downtown Ford, fo~ $33,442.97. 7f. Adopted Resolution No. 93-21, revoking the appointment of 'Colleen B. Henderson as the City of Ukiah representative to the R.E.M.I.F. Board of Directors, and appointing Fred Schneiter as the new representative and Charles L. Rough as the alternate representative. The previous motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. UNFINISHED BUSINESS 10a. Approval of Agreement to Implement Conditions of Approval for Planned Development Amendment No. 90-77, Gary Akerstrom and Redwood Business Park The Community Development Director reported on the agreement in the staff report. The City Attorney stated that a new agreement was received today from Myrna Oglesby, Attorney for Wal-Mart, and reported on the changes. Councilmember Shoemaker questioned the City Attorney regarding the consequence~ to the development of the site if the agreement is not approved. Councilmember McMichael questioned Visual Condition No. 4 wording pertaining to roof detail. He stated that he was not only concerned with the roof elevation, but also desired complete screening of the flat portion of the roof deck, as he does not want it to be visually seen from either the overpass, freeway or other proximities. He requested that this be clearly delineated. The City Attorney provided advice regarding amendment of Conditions at this point in time. Councilmember McMichael commented that he does not wish to create a delay in this project, but indicated that clear direction for visual roof treatments to completely screen the 2 1/2 acre flat roof of the Wal-Mart Building should be given to the Redevelopment Agency Architect. Councilmember Shoemaker questioned the final development proposal for the site plan, the preservation of the scenic Highway 101 corridor as per the general plan having possible conflict with the south wall of the building, traffic impact studies timelines, lightin~ and tree canopies. Discussion ensued regarding the Wal-Mart project mitigations and conditions previously discussed and approved by Council. M/S McMichael/Wattenburger to approve agreement and authorize the Mayor to execute agreement with Gary Akerstrom and Redwood Business Park to implement conditions of approval of amendment to the Airport Industrial Park Planned Development No. 90-77. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger and Mayor Reg. Mtg. September 2, 1992 Page 2 335 Schneiter. NOES: Councilmember Councilmember Malone. Shoemaker. Absent: 10b. Approval of Agreement to Implement Conditions of Approval for Site Development Permit No. 90-87, Wal-Mart Stores, Inc. The City Attorney reviewed the changes in the agreement received today from Wal-Mart, which is signed by Michael R. Nelson, Asst. Vice-President of Real Estate for Wal-Mart Stores, Inc. M/S McMichael/Wattenburger to approve agreement and authorize Mayor to execute agreement with Wal-Mart Stores, Ino, to implement conditions of approval of Site Development Permit No. 90-87. The mo.tion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger and Mayor Schneiter. NOES: Councilmember Shoemaker. Absent: Councilmember Malone. 10c. Adoption of Ordinance Approvinq Airport Industrial Planned Development Application No. 90-77 The City Attorney advised this Ordinance was introduced August 14, 1992. He requested an introductory sentence should be added to the beginning of the Ordinance to read; "The City Council of the City of Ukiah hereby ordains as follows:". Councilmember Shoemaker noted that by approving this zoning amendment to general commercial, this would allow any type of retail development with a site development permit for this site. The City Attorney stated that with a Use Permit, general re~ail uses could be allowed in other portions of the Park with a Use Permit, under the existing Planned Development. Co~ncilmember Shoemaker stated that there will be increased pressure to allow retail uses in this Park and indicated he would like to see an amendment to the Plan that would prohibit this. M/S Shoemaker/Schneiter to deny the introduced Ordinance No. 929, with the following findings: 1) This amendment would conflict with the City's general Plan and areas of circulation, commercial and industrial development, and to our Airport; 2) Is also in conflict with the intent of the original AIP Specific Plan dating back to the original planning grant in 1979 and Use Permit 81-59; 3) The widening of State Street from the railroad tracks should have been included as a mitigation; 4) The siting of this project will put undue pressure for the conversion of Ukiah's only developed Business and Industrial Park to convert to retail, both by property costs and proximity to retail development; 5) This still requires Planning Commission approval by the Specific Plan definition of "Conditioned Use"; 6) The development of Hastings Road as a main thoroughfare creates an'~unsafe situation that is not adequately been addressed by staff or the Aeronautics Board of California; 7) Further development of Hastings Road limits and jeopardizes the maximum use of the Ukiah Airport and requires the taking of private property for the benefit of a private business; 8) The traffic mitigations for Talmage Road and its Highway 101 interchange would not eliminate problems and may actually make them worse with the freeway exit movements and cause problems with the bottle necking of lanes west of the railroad tracks to State Street, 9) The economic information presented about the condition of our local economy, net sales tax gain, and the capture of leakage and retail growth spending power is at best, questionable; 10) Air quality impacts were not sufficiently addressed in considering this one project which will account for 20% of our growth and vehicle emissions over the next 15 years of proposed new development, makes it a significant impact; 11) A recently Reg. Mtg. September 2, 1992 Page 3 336 published economic study states "We see no reason to postpone shopping center development, as long as the tenant mix within the proposed center does not jeopardize the existing Ukiah shopping centers" and "locally captured retail sales goes to the attraction of outlets that offer products and retailing formats not currently offered in the community, rather that outlets that merely replace existing retailers"; and 12) With excellent leadership and a strong sense of community behind a united community, a clear coherent set of economic development goals and policies should be developed, and business will regard the Ukiah Valley as an attractive business location. Concilmember Wattenburger called for the question. Co~ncilmember Shoemaker stated that as allowed in parliamentary procedure, 'he is allowed to make first and final arguments, as the maker of the motion, before the vote. The City Attorney noted local procedures do not address this issue, and a copy of Roberts Rules and Order is not available. Mayor Schneiter commented that a call for the question is not debatable. The motion failed for a lack of a majority vote with the following roll call vote: AYES: Councilmembers Shoemaker and Mayor Schneiter. NOES: Councilmembers McMichael and Wattenburger. Absent: Councilmember Malone. Mayor Schneiter noted that if this Ordinance is not adopted tonight, it could come back at the next meeting for adoption, when there will be a full Council, which has shown to have a majority that will approve this project M/S Wattenburger to adopt Ordinance No. 929, approving Airport Industrial Park Planned Development Application No. 90~77, with the amended wording as recommended by the City Attorney. The motion carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger and Mayor Schneiter. NOES: Councilmember Shoemaker. Absent: Councilmember Malone. Mayor Schneiter indicated he still disagrees with this amendment, but concedes tonight in the interest of time, as he feels this Ordinance would be approved at the next Council meeting. Recess - 7:30 p.m. PUBLIC HEARING Reconvened - 7:36 p.m. 9a. Consideration of Preliminary Draft Source Reduction and Recycling Element (SRRE) and Household Hazardous Waste Element (HHWE), dated May 1992 The Public Works Director reported the California Integrated waste Management Act of 1989 (AB 929, Sher) which requires each city and county in California to prepare a Solid Waste Source Reduction and Recycling Element and a household Hazardous Waste Element. He outlined the efforts by Mendocino County and the incorporated cities, via the Mendocino Solid Waste ~anagement Authority, to prepare this proposed plan. Michael Sweeney, MSWMA Consultant of Keep Mendocino Beautiful, Inc., reported on the development of this proposed plan. Discussion ensued regarding incorporated approved amendments to the draft, mandatory recycling progress, white goods, wet capacities, possible freon removal service from appliances, motor oil pick up, landfill site staff support, volumes, and proposed implementation dates. Reg. Mtg. September 2, 1992 Page 4 337 PUBLIC HEARING OPENED - 8:00 p.m. No one came forward. PUBLIC HEARING CLOSED - 8:01 p.m. M/S Shoemaker/Wattenburger to approve the preliminary draft of the Source reduction Recycling Element and Household Hazardous Waste Element as required by AB 939. The City Attorney questioned leaving in the deadline dates that have not been met. Councilmember Shoemaker removed his motion from the floor with consent from the maker of the second, Councilmember Wat"cenburger. · Discussion ensued regarding the timeframes and dates for implementation of various aspects of this proposed plan. Bruce McCracken, representative from Ukiah Solid Waste, reported to Council on the progress of the commercial recycling. Mr. Sweeney stated he would like to see solid waste haulers develop a system that would accommodate larger volumes of recyclables for commercial accounts pick up programs. Discussion ensued regarding implementation dates. M/S Shoemaker/Wattenburger to accept this Preliminary Draft Report with the following date changes; expanded commercial/industrial recycling to October 31, 1992; and to Page 17, and require self hauling to January 1, 1993. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember MaLone. 9b. Planned Development A~endment Application No. 92-40 an~ Subdivision Application no. 92-39, as filed by Sonoma Valley Homes, to develop a 38 unit sinqle family subdivision located on 3.11 acre site on the west die of Mulberry Street, approximately 265 feet north of Washington Avenue All Councilmembers indicated they had viewed the site. The Community Development Director reported the Planning Commission considered and approved the Planned Development and Tentative Subdivision Map for Creekside Court, on August 26, 1992. He outlined the specific issues the Planning Commission discussed, the project design, street size and parking, projected prices of the eligible low and moderate housing, maintenance by a homeowner's association, equity caps, and resale provisions. He distributed a revised Resolution for Council consideration which revises wording pertaining to conditions of Tentative Subdivision Map No. 92v39. Discussion ensued regarding maintenance requirements, street parking, safety vehicle access, personal driveway parking, prfvate streets, child safety and creek access, and fencing. · PUBLIC HEARING OPENED - 8:52 p.m. George Rau, North Pine Street, representative for the applicant, explained how they plan to eliminate the northwest corner problem, how the maintenance association could handle vagrancy, a low fence would be no problem. He explained some of the structural designs and size of the garages, and explained how the homeowners association will operate. Reg. Mtg. September 2, 1992 Page 5 338 Dirk Liddy, 639 4th Street, Sonoma, stated he is the developer and answered Council questions regarding the management of the homeowners association. He explained the street will be painted red with no parking and the City may issue citations, opening the creek access eliminated 5 or 6 parking spaces, discussed the fencing, available financing programs, and projected prices, interest rates, and equity caps. No others came forward. PUBLIC HEARING CLOSED - 9:09 p.m. The City Attorney recommended alternate wording for Council consideration. CoUncil noted their tentative subdivision maps are different from staff's exhibit on di'splay in the Council Chambers. It was the consensus of Council to amend the wording in the revised Resolution approving the tentative subdivision map No. 92-39, Sonoma Valley Homes, regarding Condition No. 26, adding the words "over three feet" after the word "fence"; Condition No. 27 and 28, add the words "to the approval of the City Council." 9bi. Adoption of Resolution Finding Negative Declaration Adequate and Complet~ M/S McMichael/Wattenburger to find the Negative Declaration of Environmental Impact adequate and complete and adopt Resolution No. 92-22. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. 9b~i. Introduction of Ordinance Approving Planned Development M/~ McMichael/Wattenburger to introduce the Ordinance by title only for the first reading, with the amendment to include the wording of; "The City Council of the City of Ukiah hereby ordains as follows:" at the very beginning of the proposed Ordinance. The motion was carried by a unanimous voice vote of all AYE. The City Clerk read the title of the proposed Ordinance. M/S McMichael/Wattenburger to introduce the Ordinance, Approving Planned Development No. 92-40, Sonoma Valley Homes. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. 9biii. Adoption of Resolution Approvinq Subdivision Map, No. 92-39, Sonoma Valley Homes Tentativo M/S McMichae~/Wattenburger to adopt Resolution No. 92~23, approving Tentative Subdivision Map No. 92-39, Sonoma Valley Homes, with the following inclusions to Condition No. 27; "The project CC&R's shall preclude rear fences over three feet "' Condition No. 28, · .. , add the words "to the approval of the ~ity Council upon recommendation of the Low and Moderate Housing Committee" to the end of the last sentence; and Condition No. 29, add the words "Subject to the approval of the City Council." to the end of the last sentence. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. Recess to Redevelopment Agency - 9:47 p.m. Reconvened - 9:53 p.m. Reg. Mtg. September 2, 1992 Page 6 339 It was the general consensus of Council to hear New Business Item lld. at this time. NEW BUSINESS lld. Discussion regarding the County's Decision to Move and Consolidate County Administrative Operations to Bush Street and Low Gap Road Mike Scannell, Mendocino County Administrator, provided a verbal report to Council regarding the Board of Supervisors decision and details pertaining to this relocation. Discussion ensued regarding timeframes, costs involved with retrofitting the old community hospital and additional ne~ construction of 40,000 square feet, the Ukiah Redevelopment offer containing insufficient monies to construct a new facility downtown, and which departments are to be relocated. Councilmember Shoemaker stated it is very important to the City to maintain the Downtown as the governmental center. He offered possible alternatives for the County to review. He noted that the City of Ukiah General Plan discourages customer intensive development west of Oak Street and expressed concern regarding increased traffic on Bush and Low Gap, which is impacted at this time. Mr. Scannel stated that the County is not interested in any other proposal from the City, unless there is an increase in financial incentive. Discussion ensued regarding the price of lot development, impact on residential areas in the proposed area, and a 30% vacancy rate in the downtown area if the County leaves. It was the consensus of Council to agendize this issue for further discussion at the September 16, 1992 Council meeting. · lla. Seattle City Light Capacity and Energy Exchange The Electric Utility Director reported on this proposal that has been negotiated by Northern California Transmission Agency for energy exchange of 50 MW during the summer months from Seattle and 38 MW of electricity to Seattle from NCPA, in a 60% capacity factor for a term of 20 years. He outlined the benefits to Ukiah if this agreement is approved. M/S Wattenburger/Shoemaker to adopt Resolution No. 93-24 authorizing the execution of a third phase agreement to participate in an energy and capacity exchange with Seattle City Light. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. llb. Adoption of Resolution Approving Northern California Power Agency Umbrella Agreement with Bonneville Power Administration M/S McMichael/Wattenburger to adopt Resolution No. 93225, Authorizing execution of the umbrella agreement between Northern California Power Agency and the Bonneville Power Administration. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. llc. Appointment of League of California Cities Voting Delegate for Annual Conference October 10-13, 1992 It was the consensus of Council to appoint Councilmember Shoemaker as the voting delegate and Mayor Schneiter as Reg. Mtg. September 2, 1992 Page 7 34O the alternate voting delegate for the 1992 Annual League of California Cities Conference. CITY COUNCIL REPORTS Councilmember McMichael Reported on the first MCOG meeting he attended. Councilmember Wattenburqer Reported on the MTA meeting he attended. Councilmember Shoemaker Reported on the Redwood Empire Divisional meeting he attended in Arcata on the 15th, noted the upcoming Mayor's meeting with Quentin Kopp on September 17, 1992, reported on the Ukiah Valley Water Task Force and MSWMA meeting he attended. Mayor Schneiter Reminded Council of the Annual Employees Barbecue Picnic to be held at Todd Grove Park on September 13, 1992, from 1:00 p.m. to 6:00 p.m. City Manager/Department Head Reports The City Manager noted the upcoming September 15, 1992 reception for the Summer Concert Series sponsors, and reported on recent proposed legislation SB 129, which greatly impacts the Cities. ADJOURNMENT There being no further Council business, the meeting was adjourned to the remainder of the/~kia~ Redevelopment Agency at .10:57 p.m./ / //'.'~ t ) CCMIN. 109 C~tl%y' ~~~y~ ~MC~~E, City Clerk Reg. Mtg. September 2, 1992 Page 8