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HomeMy WebLinkAboutmin 1976-02-04 6� MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH FEBRUARY 41 1976 - PAGE 1 The City Council convened in regular session at 8 : 05 p.m. with Councilwoman Pearson, Councilmen Norgard, Wood, Simpson, and Mayor Weinkauf present. INVOCATION AND PLEDGE OF ALLEGIANCE - Councilman Simpson gave the invocation and Councilman Wood led in the Pledge of Allegiance. APPROVAL OF MINUTES On a motion by Councilwoman Pearson, seconded by Councilman Norgard it was unanimously carried to approve the minutes of January 21, 1976, as submitted by the Clerk. On a motion by Councilman Wood, seconded by Councilman Simpson, it was unanimously carried to approve the minutes of January 28, 1976 special meeting as submitted by the Clerk. PAYROLL WARRANTS , On a motion by Councilman Pearson, seconded by Councilman Norgard it was unanimously carried Payroll Warrants #5017 to #5185 inclusive in the amount of $81, 487. 53 for the period of December 28 , 1975 to January 10, 1976, be approved. GENERAL WARRANTS On a motion by Councilman Wood, seconded by Councilman Simpson it was unanimously carried General Warrants #2890 to #2965 inclusive in the total amount of $52, 946. 80 be approved and ordered paid. CHAkTGE _IN :ORDER OF AGENDA' ITEMS At the request of Councilman Wood, Council considered Agenda Items #4 through #8 prior to the scheduled public hearings and a recommendation from the Planning Commission. ADOPTION OF ORDINANCE NO. 676 AMENDING FIRE ZONES On a motion by Councilman Simpson, seconded by Councilman Norgard it was carried by the following roll call vote Ordinance No. 676 be adopted and the Mayor and Clerk be authorized to sign same, "An Ordinance Of The City Council Of The City Of Ukiah Amending And Repealing Chapter 4 Of Division 6 Of The Ukiah City Code" . AYES: Councilwoman Pearson, Councilmen Norgard, Wood, Simpson, Mayor Weinkauf NOES: None ABSENT: None APPROVAL OF AGREEMENT - RESCUE TRUCK NO. R-10 (FIRE DEPARTMENT) On a motion by Councilman Norgard, seconded by Councilwoman Pearson it was unanimously carried to approve "Agreement For Purchase And Use Of Rescue Apparatus" and the Mayor and Clerk be authorized to sign same. PUBLIC HEARING DATE SET FOR THREE ITEMS REFERRED FROM PLANNING COMMISSION On a motion by Councilman Simpson, seconded by Councilman Norgard it was unanimously carried February 18, 1976 , be set as the public hearing date for Zone Change Application No. 76-30 (initiated by Planning Commission) , Zone Change Application No. 76-33 (Diamond International Corporation) , and abandonment of public alley (NE corner of Clara Avenue and NWPRR) . 66 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH FEBRUARY 41 1976 - PAGE 2 COUNCILMAN SIMPSON Councilman Simpson gave a report of the recent LAFCO meeting. The portion of Alexander Estates which has been outside the Fire District has been annexed to the Fire District. Councilman Simpson also ex- plained changes which have been made in filing maps and detaching portions of land from the tax rolls . COUNCILMAN NORGARD Councilman Norgard made a statement concerning the Mendocino Community College location, and the proposal to locate the college on the Fairgrounds property on a permanent basis . The Council has gone on record opposing conversion of agricultural lands in the General Plan and its support of AB 15. The college should be located where transportation, housing, shopping, utilities and other services are available. The current temporary site has these available. Councilman Norgard stated it is not the intent to interfere with the college or fairgrounds but in his opinion, both should give the proposal further consideration. Both agencies could continue to function together to obtain maximum use of the land. Council action is set forth in the following order of business. COUNCIL REQUESTS COMMUNITY COLLEGE CAMPUS TO CONTINUE AT FAIRGROUNDS On a motion by Councilman NVrgard, seconded by Councilwoman Pearson it was carried by the following roll call vote to urge the Mendocino Community College Board of Trustees and the Fairgrounds Board of Directors to give further consideration to maintaining the Community College campus at the Faigrounds rather than the Yokayo Ranch site and that the Council directs its representative on the sewer district to oppose any extension of sewers to serve the Yokayo Ranch site and any other development that is in con- flict with the City ' s General Plan. AYES: Councilwoman Pearson, Councilmen Norgard, Wood, Simpson Mayor Weinkauf.. NOES: None ABSENT: None COUNCILWOMAN PEARSON Councilwoman Pearson reported a good turn out for the Redwood Empire League of California Cities meeting which was recently held in Napa. Mr. Donald Burns, Secretary, California Transporta- tion Commission was the dinner speaker. The next meeting will be held in Petaluma on April 24th. COUNCILMAN WOOD & COUNCILWOMAN PEARSON ABSTAIN FROM VOTING ON PEAR ORCHARD ISSUE At this point in the meeting Councilman Wood and Councilwoman Pearson absented themselves from the meeting due to a conflict of interest - Councilman Wood because of financial support he gives the organization requesting an appeal on subject matter and also a client who could benefit financially from the sale of subject property and Councilwoman Pearson who is associated with the firm handling subject transaction. COUNCILMAN WOOD AND COUNCILWOMAN PEARSON LEFT T11E MEETING AT THIS POINT - 8: 27 P.M. The City Attorney reported that under the Government Code Section 36810 all that is necessary to conduct City business is a quorum. A quorum is present, therefore a 2 to 1 vote is a carrying vote. 67 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH FEBRUARY 4 , 1976 - PAGE 3 TIME LIMIT PLACED ON STATEMENT OF PROS & CONS OF PEAR ORCHARD ISSUE On a motion by Councilman Norgard, seconded by Councilman Simpson it was carried by the following roll call vote to place a 10 minute time limit on each individual who speaks on subject matter. AYES: Councilmen Norgard and Simpson NOES: Mayor Weinkauf ABSENT: Councilwoman Pearson and Councilman Wood Mayor Weinkauf stated that in his opinion a public hearing is for people to come to the meeting to speak on any issue with no time restrictions and for this reason he voted against the motion. PLANNING COMMISSION RECOMMENDATION RE HOLDING ZONE UPHELD Council had been provided with Planning Commission minutes, 1-14-76, recommending denial of an amendment to the General Plan which would create a "holding" land use classification, a letter from the County Department of Agriculture stating the orchards in subject area are affected by decline, are too small, and too poorly located to operate as sound economic horticultural enterprises . Letters of appeal from Jim Weller, 204 North Bush and the Sierra Club were also noted. On a motion by Councilman Simpson, seconded by Councilman Norgard it was carried by the following roll call vote to uphold the Planning Commission recommendation and no action be taken to establish a "holding" zone of land use in the General Plan. AYES: Councilwoman Pearson, Councilman Simpson, and Mayor Weinkauf. NOES: None ABSENT: Councilwoman Pearson and Councilman Wood. PUBLIC HEARING ON EIR PEAR ORCHARD DEVELOPMENT Planning Commission report on the adequacy of the EIR is set forth in the minutes of January 14, 1976 . The final EIR is intended as a disclosure statement and should indicate all significant impacts and those mitigation measures that are possible. The final EIR includes all comments made before the Planning Commission and submitted in response to its circulation. A letter from June Winter, 10225 East Road, Redwood Valley, in favor of the proposed development was noted. The following letters in opposition to the proposed development were noted: James Weller, 204 North Bush The Sierra Club, Redwood Chapter Allanya Guenther, 2140 Boonville Road Nancy Koke, Citizens Action Group Mayor Weinkauf declared the public hearing open at 8 : 40 p.m. The following persons spoke in favor of the proposed development and EIR: Don Hinkle Lee Enemark Howard Bashford Gary Akerstrom Jim Barrett Neal Gillian, 241 Warren Drive Alex Thomas John Locke Leonard Garrison Lawrence Brown Bob Axt Joe Scherf, 211 W. Standley Ruell Stickney William Johnson, Babcock Lane Joe Foutz Maryanne Gibberson, Spring St. James Hamilton The following statements were made in support of the EIR and the proposed development: 1. The EIR was submitted in accordance with the requirements of the city ordinance and the California Environmental Quality Act, accepted by city staff and the Planning Commission and certified as accurate and complete. Information contained therein is sufficient to make a decision. 6"8 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH FEBRUARY 4, 1976 - PAGE 4 2. Location of the proposed development is in the general direction and manner in which the Citizens Advisory Committee for the General Plan had envisioned the downtown would move. 3. Proposed development will prevent the development of "strip city" 4. The pears growing in the area are in a blighted condition. It is difficult to grow pears and do the required spraying when surrounded on three sides by residences . 5. Proposed development will stimulate business in the downtown area by forcing merchants to improve the appearance of their buildings and to become competitive. 6. Proposed development will draw more business into the area. 7. Long term construction will create more jobs . 8. A welcome addition to the neighborhood and to the city 9. Will not endanger present businesses 10. EIR is thorough and complete 11. Competition is a healthy condition; Ukiah needs competition 12. This identical question has arisen in other cities. After approval, the developments benefited the cities in many ways. This proposed development will have .the same effect. 13. Proposed development will increase revenue. 14. There is a need to protect the integrity of the General Plan. Approval of this project will make this accomplishment. 15. It is no longer economically possible to develop subject land as a pear orchard. 16. Applicant will pay $35, 000 toward signalization to alleviate the potential traffic problem, dedicate a 12 ' frontage along Perkins to the city, and will be handling the drainage of the property using an underground system to divert runoff to Orr Creek. 17. Development will be a giant step forward for dressing up the front yard of Ukiah and hopefully trigger the procedure for dressing up Perkins Street. 18. Sales dollars stay here instead of going to Santa Rosa and San Francisco. 19. Gives the City an opportunity to plan and coordinate a 60 block area at one time. 20. The developer' s family has been in the Ukiah Valley since 1873. There is no doubt but that the completed project will be something of which the community will be proud. 21. If the people want it let them have it. In favor of anything that will entice people to shop. 22. To deny applicant the authority to go ahead with this project would be in direct opposition to the General Plan. 23. EIR was submitted in November 1975, there was a review period by 25 state agencies, and it has circulated in the City departments. All the comments pertaining thereto could be written on one sheet of paper. 24. In answer to the repeated comments by the opposition concerning the legality of the EIR, the following sections of the Public Resources Code were referred to as a source of information to substantiate the EIR: Sections 15012, 15015, 15026, 15029 , 15061 (b) , 15085 (a) , 15141. 25. CEQA procedures were followed in the preparation of the EIR. The following persons spoke in opposition to the EIR and the proposed development: 1. Ted Feibusch 5. Adam Sparks, 9050 Orr Sprgs,Rd 2. Tom Monpere 6 . Gene Lange 3. Daniel Hamburg, 614 W. Standley 7. Jim Weller, 204 N. Bush 4. Robert Gran, 410 Walnut 8 . Dick Green, 205 Irvington The following statements were made in opposition to the EIR and the proposed development: 1. Not opposed to the shopping center - the question in mind is will the revenue generated by the center be equal or more than what the City has to do to maintain the facility. Will the City benefit? Until this question is answered, the opposition remains. 2. Substantiation is needed for the 200 to 500 jobs this project proposes to produce. 3. Secondary impact needs to be analyzed and understood. 4. If this construction job is like others , people out of town MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH FEBRUARY 41 1976 - PAGE 5 will be hired to do the work, not local people. 5. There is a need for clean, steady industry, a need for capital improvement, better homes, and a support of progress , but are chain stores and more pavement a sign of progress? 6 . Do people of Ukiah want to be a regional shopping center for Highway 101? 7. With this center, the inner core of the city is gone. 8. Driving down State Street now is a nuisance; later it will be painful. Subject project seems to be ahead of the time because of the impact it will have on traffic and will make life in Ukiah unliveable. of appeal 9. Concerns expressed in the letter/from the Sierra Club were not answered at the Planning Commission hearing. Council is legally obligated to say why they did not answer. 10. Planning Commission did not meet all requirements CEQA requires of other agencies. 11. EIR is not adequate. 12. Planning Commission acted whimsically; objections were not answered. 13. Additional stores are not needed in Ukiah. None of the existing stores are "spilling out the windows" . 14. Progress is not indicated in this direction. 15. Unfair competition to downtown business - parking without parking meters - a Council responsibility. 16. EIR is not objective or comprehensive. There is bias on the part of the Consultant. 17. No consideration of the cumulative effect with respect to the other shopping center in close proximity to subject center and to proposed Hillside Hospital . 18. A public hearing does not reflect opinions of the public. Many people do not think this is progress or good for Ukiah. People are concerned about the air they breathe. They want a chance to make Ukiah unique. This proposal is not unique. We will have several big businesses, not free enterprise. 19. Suggest that since the public has not been heard and three councilmen are making the decision for all the people, that the matter should go to the vote of the people for the decision. The following persons placed written comments on file with the Clerk: 1. Jim Weller, 204 N. Bush 2. Adam Sparks, Sierra Club 3. A former County employee (submitted by Adam Sparks) Mayor Weinkauf declared the public hearing closed at 10: 47 p.m. It was pointed out that an EIR points out the + ' s and - ' s of a given project, the Council receives it, notes the deficiencies and then if the project is allowed the deficiencies have to be spoken to, i.e. traffic, noise, etc. All reports can be criticized on some basis. An EIR is a guide to make a decision. On a motion by Councilman Simpson, seconded by Councilman NOrgard it was carried by the following roll call vote to accept the EIR for the Pear Orchard development as sufficient to make a decision. AYES: Councilmen Norgard, Simpson, Mayor Weinkauf. . . .A NOES: None ABSENT: Councilwoman Pearson and Councilman Wood. RECESS- Mayor Weinkauf declared a recess at 10: 55 p.m. PUBLIC HEARING ZONE CHANGE APPLICATION NO. 76-17 PEAR ORCHARD ASSOCIATES Council had been provided with Planning Commission action and findings on subject matter which recommends its approval. Mayor Weinkauf declared the public hearing open at 11 :22 p.m. No one spoke in favor of the application. Jim Weller spoke in opposition. He stated he was not arguing with its inconsistencies with the General Plan or with its location; he understands that 70 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH FEBRUARY 4, 1976 - PAGE 6 subject property is not prime agricultural land, he understands the drainage problem, and agrees with growth in the right direction. However, it is his opinion that it is not the responsibility of the Council to commit intense use of land if the necessary services are not there. Mr. Weller asked that the Council not approve the request, but postpone the matter until sufficient city services are available to serve this area. He alleged that the Council would regret it if the zone change were granted. Mayor Weinkauf declared the public hearing closed at 11 : 28 p.m. On a motion by Councilman Simpson, seconded by Councilman Norgard it was carried by the following roll call vote to approve Zone Change Application NO. 76-17, Pear Orchard Associates, which will bring the area in conformance with the General Plan and direct the City Attorney to prepare the required ordinance. AYES: Councilmen Norgard, Simpson, Mayor Weinkauf NOES: None ABSENT: Councilwoman Pearson and Councilman Wood TED FEIBUSCH REQUESTS APPOINTMENT OF A PARKING COMMISSION Ted Feibusch referred to a parking problem in downtown Ukiah stating he has met with a committee from the Board of Supervisors at which time he pointed out that by 8: 00 a.m. each day the city parking lot is occupied primarily by County employees . In his opinion it is the obligation of the County to provide parking for its employees and the committee agreed. In order to resolve this problem he requested that a parking commission be appointed to concern them- selves with downtown parking problems. In his discussion with the Board of Supervisors his proposal was to remove the 10 hour 4 parking for 25� and substitute ticket issuing machines . The tickets could then be validated in any of the retail stores. Mr. Lee Enemark stated the Chamber of Commerce had approached him with a similar proposal. City Manager stated a member of the Chamber had requested that a 3 member committee be appointed to help resolve the parking problem. Councilman Simpson suggested that one Councilman serve on the committee and suggested Councilman Norgard who stated he would be happy to serve for the remainder of his term. RECESS - Mayor Weinkauf declared a recess at 11 : 45 p.m. to allow the City Attorney time to prepare the required ordinance for Zone Change Application No. 76-17. INTRODUCTION OF ORDINANCE NO. 677 (ZONE CHANGE APPLICATION NO. 76-17) City Attorney read the proposed ordinance in its entirety. On a motion by Councilman Simpson, seconded by Councilman Norgard it was carried by the following roll call vote to introduce Ordinance No. 677 and the Mayor and Clerk be authorized to sign same, "An Ordinance Of The City Council Of The City Of Ukiah Amending Chapter 2 , Division 9 Of The Ukiah City Code By Rezoning Property -_ From R-1 Zone and C-2 Zone to C-N Zone and C-2 Zone (Zone Change Application No. 76-17) " AYES: Councilmen Norgard, Simpson, Mayor Weinkauf NOES: None ABSENT: Councilwoman Pearson, Councilman Wood. ADJOURNMENT Mayor Weinkauf adjourned the meeting at 11: 53 p.m. ATTEST: MW , or , City Clerk