HomeMy WebLinkAboutMin 04-19-00MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting
Wednesday, April 19, 2000
The Ukiah City Council met at a Regular Meeting on April 19, 2000, the notice for which
had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers,
300 Seminary Avenue, Ukiah, California. Roll was taken and the following
Councilmembers were present: Smith, Libby, Baldwin, and Vice-Mayor Ashiku.
Councilmember absent: Mayor Mastin. Staff present: Public Utilities Director Barnes,
Finance Director Elton, Risk Manager/Budget Officer Harris, City Manager Horsley, City
Acting Attorney Scott Johnson, Associate Planner Lohse, Deputy Public Works Director
Seanor, Senior Planner Stump, and City Clerk Ulvila.
2. pLEDGE OF ALLEGIANCE
Councilmember Baldwin led the Pledge of Allegiance.
PROCLAMATION
3a. Workers Memorial Day: A_oril 28. 2000
Vice-Mayor Ashiku read the Proclamation designating April 28, 2000 as Workers
Memorial Day in the City of Ukiah. An unidentified lady accepted the Proclamation from
Vice-Mayor Ashiku.
PROCLAMATION
3b. Munici_oal Clerks Week: A_oril 30 through May 6. 2000
Vice-Mayor Ashiku read the Proclamation designating April 30 through May 6, 2000 as
Municipal Clerks Week.
City Clerk Ulvila thanked Council for the recognition.
APPROVAL OF MINUTES:
4a. Regular Meeting of A_oril 5. 2000
Vice-Mayor Ashiku advised that some last minute changes have been submitted and with
Council's agreement, directed staff to carry the minutes over to the next meeting to allow
Council adequate time for review.
$. RIGHT TO APPEAL DECISION
Vice-Mayor Ashiku read the appeal process.
6. CON~ENT CALENDAR
MIS Smith/Libby approving items a through I of the Consent Calendar as follows:
a. Approved Disbursements for Month of March 2000;
b. Rejected Claims for Damages Received from Carol Lynn Blackburn and Farmers
Insurance Grou_o. and Referred to the Joint Powers Authority, Redwood Empire
Municipal Insurance Fund;
c. Awarded Bid for Personal Protective Gear to All Star Equipment Inc. in the Amount of
$10,569.48;
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d. Received Report of the Acquisition of Total Station Surveying Instrument;
e. Awarded Bid for the Replacement of the Metal Liner within the Penstock at the Lake
Mendocino Hydro Project to Pacific Mechanical Corporation in an Amount Not to
Exceed $58,000.00;
f. Approved Budget Amendment for Institute of Museum and Library Services General
Operating Support Grant (IG-90792-99);
g. Received Notification to the City Council Regarding the Purchase of a 24 Inch
Flowmeter From Seltek for the Sum of $7,713.85;
h. Adopted Resolution No. 2000-35 Authorizing Submittal, Execution, and Acceptance
of Federal Emergency Shelter Grant - 2000;
I. Adopted Resolution No. 2000-36 Summarily Vacating Public Utility Easements Under
Chapter 4, Part 3, Division 9 of the Streets and Highways Code.
The Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, and Vice-Mayor Ashiku. NOES: None. ABSENT: Mayor Mastin. ABSTAIN:
None.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No on came forward t address Council.
UNFINISHED BUSINESS
9a. Ado_otion of Ordinance Rezoning Portions of Assessor Parcel Numbers 003-
471-27, 003-472-13. and 003-472-14 from C-2 to C-N
City Manager Horsley advised .that the matter is before Council, rather than on the
Consent Calendar, due to the fact that there was a Councilmember absent at last meeting
when the Ordinance was introduced.
Senior Planner Stump reported that on April 5, 2000, the City Council considered the
rezoning of two parcels from C-2 (Heavy Commercial) to the C-N (Community Commercial)
Zoning District in conjunction with a project to develop an assisted living facility on portions
of the affected properties on South Dora. By a vote of 4-0, Council introduced the
Ordinance. Staff recommended Council adopt the Ordinance.
MIS Libby/Smith Adopting Ordinance No. 1028, Amending the Official Zoning Map for
the City of Ukiah, California, Rezoning the affected lands from the C-2 Zoning District to
the C-N Zoning District, carried by the following roll call vote: AYES: Councilmembers
Smith, Libby, Baldwin, and Vice-Mayor Ashiku. NOES: None. ABSENT: Mayor Mastin.
ABSTAIN: None.
10a. Adoption of Resolution Removing On-Street Metered Parking and EstablishinQ
a No-Parking Zone Along Seminary_ Avenue
Deputy Public Works Director Seanor reported that this item came to Traffic Engineer
Committee's May 9, 2000 meeting, by way of the Fire Department. Fire Marshal Evans'
request was to remove two parking spaces on Seminary Avenue located on the north side
of the center curb island. The removal of two parking spaces provides for a larger turning
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radius for emergency vehicles needing to respond to emergencies using Seminar Avenue
to access State Street. In approaching State Street on Seminary Avenue, occasionally
there will be vehicles parked at the stop sign on Seminary Avenue and State Street. By
removing two parking spaces, it will allow emergency vehicles to drive around the left hand
side of the vehicles waiting at the intersection. At the November 9, 1999 meeting, it was
determined by the Traffic Engineering Committee to temporarily remove the parking and
to return back to the Traffic Engineering Committee with an evaluation. The evaluation
and a positive response from the Fire Department took place on March 14, 2000. At that
time, the Traffic Engineering Committee recommended to the City Council that this be
made a permanent removal of two parking spaces.
He advised that he spoke to the manager of Master Cleaners regarding the removal of
parking spaces and he had no problem with their removal. Staff also distributed copies
of the Agenda Report to the businesses located on Seminary Avenue on the block
between School and State Street, and no comments were received. He requested
approval of removal of two parking spaces on Seminary Avenue.
MIS Baldwin/Smith Adopting Resolution No. 2000-, removing on-street metered parking
and establishing a No-Parking Zone along Seminary Avenue, carried by the following roll
call vote: AYES: Councilmembers Smith, Libby, Baldwin, and Vice-Mayor Ashiku. NOES:
None. ABSENT: Mayor Mastin. ABSTAIN: None.
NEW BUSINESS
10b. A_o0roval of Agreement with Ukiah Valley Fire District Chief Dan Grebil. and
Authorization for City Manager to Execute Contract Document
City Manager Horsley advised that Fire Chief Roe Sandelin is on vacation until his
effective retirement date in June 2000. In the meantime the City has negotiated an
agreement with the Ukiah Valley Fire District for the services of Chief Dan Grebil. Chief
Grebil has been providing mutual aid services for the City on various types of duties. Last
week he was at the City's Fire House and was working with the crews. The proposal has
the support of Fire Chief Roe Sandelin. Today she received a note from Acting Fire Chief
Dean Haitian, that the proposal has his full support and we need Chief Grebil to help with
day to day administration, as well to assist with the decision on the appropriate service
options. The contract has been reviewed and approved by the City Attorney. She drew
attention to the structure of duties and operation of how this will work until the City decides
what the next step will be for the Fire Department.
Councilmember Baldwin inquired regarding a comparison of Chief Grebil's salary to
retiring Fire Chief Sandelin's.
City Manager Horsley explained that the contract is for salary, plus benefits, and the
City's Fire Chief's salary was higher than this. She noted that the salary for Interim Chief
Haitian has increased to a certain level of Fire Chief step. Overall, we will be saving some
money during the interim period.
Vice-Mayor Ashiku noted that it is not a single department any longer, and the City is
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looking at managing two Fire agencies, in a valley-wide jurisdiction.
MIS Smith/Baldwin Approving Agreement for Administration of Fire Services between the
Ukiah Valley Fire District and the City of Ukiah and authorizing the City Manager to
execute contract document,
Councilmember Libby requested the motion be read for the consideration of the
audience.
Councilmember Smith read the motion.
Motion carried by the following roll cell vote: AYES: Councilmembers Smith, Libby,
Baldwin, and Vice-Mayor Ashiku. NOES: None. ABSENT: Mayor Mastin. ABSTAIN:
None.
10c. Adoption of Resolution Approving Memorandum of Understanding Agreement
Between and Amorlq the Ukiah Unified School District. City of Ukiah. County
of Mendocino Forming the South Ukiah School Partnership Project
City Manager Horsley advised that before Council is a draft Memorandum of
Understanding (MOU) between the City of Ukiah, County of Mendocino, and the Ukiah
Unified School District. The terms of this agreement were discussed in 1998 when Mayor
Sheridan Malone and Councilmember Kristi Kelly were on the School District Wards Site
Committee. There are several letters from the state to the School District that advised
them that without this agreement, they will not support the Wards site unless it is "park-
like". The City's contribution in this project is the park-like setting because our portion of
participation involves the Recreation Center and soccer fields. She called attention to
draft drawings of the site, noting that park fields and parking are always located on the
State Street side. This is because of the Airport Zone which does not allow structures in
that area, but is suited for soccer fields and for parking. From that moment on, the School
District has included the Recreation Center in all of their discussions and the Recreation
Center Committee chairpersons is also part of the on-going sub-committee meetings
occurring now for the design and structure of these buildings. The City's portion is noted
on page two of the agreement and includes the Redevelopment Agency Capital Project
funds which are available to the School District by the Redevelopment Agency agreement.
This is no additional funds to what they already have under the Redevelopment
Agreement. It also discusses landfill options and that we would pursue funding for
development of open space and recreation in expansion of our current recreational
programs. We would help administer recreation programs at the Recreation Center and
soccer fields. Lastly, if they had questions about planning and engineering matters, they
would be going through the County offices, that they could ask questions if there is any
confusion about the planning process. Staff is bringing this matter forward for Council
discussion and approval of the MOU.
Vice-Mayor Ashiku noted that the MOU is absolutely necessary for the School District to
go forward.
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City Manager Horsley noted that the State will not fund the School District without this
agreement.
Councilmember Libby was of the understanding that the State will not help fund them
unless they have a community link with the new school site.
City Manager Horsley explained that it is one of the elements the presented to the State,
but she was not sure if it is specifically mentioned in the letters. The School District felt
that the partnership between the City, the County, and the community is very important,
and this funding that they are to receive, is an integral part. The City's stance the entire
time is that there has to be a community link because that is why we are involved due to
the recreation element. There was a lot of concerns on their part. She attended several
meetings where some of the teachers and security said that they try to keep strangers off
the campus. The way the City has worked around that, is the recreation programs would
only be during the weekends and after school hours. In this way, there should not be a
conflict with classes and the School District security.
Councilmember Baldwin expressed concern with the Recreation Center being under-
utilized if adults cannot use it at all hours. Since it is located adjacent to an elementary
school, there may be some incompatibility. He could not see a 15,000 square foot
Recreation Center that we wouldn't want to be utilized at all hours of the day throughout
the week.
City Manager Horsley explained that the children would be able to use the Recreation
Center and the thought was that most adults would be attending soccer games after work
hours and on weekends. She explained that their dream was for a 15,000 square feet
structure, however, it is unknown what will actually be built.
Councilmember Libby advised that the Recreation Committee is in the process of
reviewing the project.
MIS Baldwin/Smith approving Resolution of Memorandum of Understanding Agreement
between and among the Ukiah Unified School District, City of Ukiah, County of Mendocino
forming the South Ukiah School Partnership Project, carried by the following roll call vote:
AYES: Councilmembers Smith, Libby, Baldwin, and Vice-Mayor Ashiku. NOES: None.
ABSENT: Mayor Mastin. ABSTAIN: None.
11. CITY COUNCIL REPORTS
Councilmember Smith reported attending a meeting of the Main Street Board of Directors
on April 13, 2000 at which time a number of items were discussed, some of them relative
to the City, which resulted in a meeting between City Manager Horsley and principals of
the Main Street Program. Those issues dealt with concern for the street lighting project
in the downtown area as well as the Palace Hotel. The Main Street Program is interested'
in circulating a petition relative to that and was discussed with Ms. Horsley. They decided
not to circulate a petition right away, but may write a letter of supporting the City on any
efforts to assist in Palace Hotel renovations. They also dealt with the issue of trying to get
April 19, 2000
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a "First Night Program" going in Ukiah. He referred to the "First Night Program" in Santa
Rosa. The Main Street Program is meeting to develop it along with festivities for the New
Years Eve gala/dance. Upon an inquiry by City Manager Horsley if they could do both, Mr.
Smith advised that it has not been decided as yet. They are planning for New Years Eve
but if they get the First Night celebration going, they may dispense with the New Years Eve
festivities or many include it as part of the First Night celebration. It is too soon to
determine what they will decide upon. He reported that the Thursday Night Market
resumes its operation on April 25th and he encourage participation in the downtown area
at that time. The City Manager advised him that she had a good meeting with them and
there were positive outcomes from the meeting.
Councilmember Libby reported attending a Board Meeting of the Ukiah Chamber of
Commerce today. They are going to have a procurement seminar on May t0, 2000, and
they will be asking the City if they will partake it in. They have four, large, major
companies that will be presenting it. Their Community of Champions Luncheon date is
June 2, 2000. They are looking for some large sponsors for the Fourth of July celebration
since they lost one of their major sponsors. She has requested that they look into the
possibility of providing a "family ticket". This ticket would cover families with many children
and would be affordable for all families to go to the Fourth of July celebration.
The Sun House Guild had a Board meeting today and will have a reception event on June
17. A collector who's work will be on display will be in attendance and there will be a
weaving demonstration. Their ground breaking for the new wing on August 12, 2000.
City Manager Horsley noted that she has asked the Museum staff to come before Council
at their May 3, 2000 meeting and provide a presentation on the new wing since there has
been so many revisions. The Council would be updated at that time.
Councilmember Libby reported that the Community Center Committee had a meeting and
are in the process of development of an implementation and work plan, and their fund
raising strategy. They have reorganized and now have a Steering Committee of 12
individuals. The Steering Committee consists of members of County government and City
to be represented, the Probation Office, they are asking some community leaders to be on
the Committee, and organizations that have made a commitment if we did have a
Community Center that they would use it on a routine basis, such as the Boys and Girls
Club and PAL. They are now reorganizing and will be breaking up into sub-committees
and their major projects are the work plan and the specific fund raising. They have a lot
to do in two years.
Councilmember Baldwin reported attended a meeting of the Mendocino County Inland
Water and Power Commission on April 13, 2000 and Janet Pauley, the Commission's
expert, reported testifying for two hours before for the Public Utilities Commission (PUC),
after which she received tremendous praise from the Commission's attorney for being so
well prepared. It is curious that all the parties, regardless of their stand on the diversion
from the Eel River, P.G.&E., Friends of the Eel, Humboldt County, and the Inland Water
and Power Commission, are all asking the PUC to deny P.G.&E.'s request to sell the
project. The State Department of Fish and Game wrote a letter challenging, if not
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attacking the National Marine Fishery Service for reneging on its commitment to its original
Fishery Review Group proposal on the diversion from the Eel River. It was a strong
support for everything that the Inland Water and Power Commission has stood for and a
strong support for the very minimal reduction in diversion called for by the Fishery Review
Group. It was a very strong letter and he has copies available for those wanting one. The
Commission will be considering taking a stand on two State Bills. One is the Keely Bill
AB1956 and the other is the Shearer Dam Removal Bill SB1540. He felt it would be good
for Council to give him, as the City's representative on the Commission, direction on the
bills. The Keely bill would have the State take over all P.G.&E. hydro facilities for six years
and be able to issue $3.5 billion in bonds to accomplish that task. The Shearer Dam
Removal Bill calls for the decommissioning of various dams and all process for doing that,
mostly considering the smaller check dams. They seem to have some support at the State
level. He recommending agendizing these bills for the next agenda in order to provide him
with direction for voting on the Commission
Vice-Mayor Ashiku had nothing to report.
1'1. CITY MANAGER/DIRECTOR REPORTS
City Manager Horsley reported that Mayor Mastin, committee member on the Hunger
Study Committee, provided a letter from the Committee and the Study is available for those
wishing to review it.
She inquired as to the Councilmembers planning to attend the Redwood Empire Division
of the League of California Cities meeting at the Benbow Inn on April 29, 2000.
Councilmember Smith expressed interest, and other Councilmembers get back to her this
week.
PUBLIC HEARINGS (7:00 P.M.)
8a. A_o_oeal of Planning Commission Decision to Conditionally Approve Major ~;ite
Develooment Permit #00-03 and Minor Use Permit #00-04
Vice-Mayor Ashiku advised that he has a potential conflict of interest concerning this
matter and turned the chairmanship of the meeting over to Councilmember Baldwin, the
most senior member of the Council.
7:08 p.m. - Vice-Mayor Ashiku left the meeting.
Senior Planner Stump reminded Council that the focus of the Appeal is on the granting
of the Site Development Permit for a dog kennel and RV storage yard on property in the
C-2 Zoning District. He further noted that these are two uses allowed in this Zoning
District. Use Permits for the kennel or RV storage yard are not being considered. The
appropriate of the use is not being considered for debate or question, but rather the site
planning, lay-out, architecture, and any environmental affects resulting from those
proposals with regard to the Site Development Permit. The focus of the Public Hearing is
not on a Use Permit, but rather a Site Development Permit.
Associate Planner Lohse explained that this Appeal is based on Mr. Roger Bastian's
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filing of a timely appeal of the Planning Commission decision as well as an Appeal by
Henry and Sarah Mercer. Staff also received letters from Jo Ann Cortina opposing the
Planning Commission's decision, as well as a letter from Harold and Barbara Madden that
was also in opposition of the project. He noted that staff received six letters in support of
the project. Today a letter was received from Mr. Thomas Brigham, Attorney representing
Mr. Tom Segar, owner of the property, in which he reiterates the recommendation for the
denial of the Appeal. All the issues expressed during the Planning Commission meeting
were reviewed. The Planning Commission did adhere to items that were relevant to the
Site Development Permit approval. Staff reviewed the issues that were brought up in the
letters received, a number of which were use issues. Some of the issues that were
brought up were noise, odors, which were addressed as part of the Site Development
Permit in relation to the building impact and the potential mitigation measures that were
included. These include such measures as the use of insulation within metal walls. Odors
are also addressed in the design of the project by the applicant through the operation of
the plan which would dispense with the animal waste in a property manner on a daily
basis, as well as the use of fencing and other materials to make sure that the animal waste
aren't disbursed widely on the lot. During the Planning Commission Public Hearing,
Planning Staff did address all the concerns expressed by the opponents of the project and
have provided that analysis. In that analysis, staff notes that the building, as it is
proposed, would affectively preclude adverse levels of animal noise, odor, and flies from
occurring at the site. Staff also determined that the proposed access and parking at the
site would be consistent with City standards. Staff saw no reason for there to be excessive
traffic or trespassing on other properties as a result of this project. Finally, staff noted that
the Planning Commission has amended the project and added conditions of approval that
fully address potential adverse concerns that relate to the building and site design. These
include excessive lighting in the storage yard, storage yard visibility from the State Street
corridor, and the design of the building itself. Based on the analysis, the Planning
Department recommends that the City Council deny the Appeal and approve the project
as approved by the Planning Commission, which includes findings and recommended
conditions that are included in the Staff Report.
Councilmember Baldwin inquired as to the Planning Commission's vote on the project.
Mr. Lohse advised that the vote was 4-0, due to one member of the Commission being
absent.
PUBLIC HEARING OPENED: 7:09 p.m.
Tom Segar, P. O. Box 8515, Ukiah, 12125 Boonville Road, Boonville, current owner of the
property. He referred to the letter from his attorney, Thomas Bigham, in relationship to the
project. If the property owners adjacent to the parcel were concerned about flies and
trash, he suggested that they clean the slope behind his property. The junk on the slope
has been there for a number of months. There has been a number of occasions where he
has been notified by the Department of Public Health to clean up the slope, which he
informed them that this is not his property. He described the condition and items on the
slope. He did not think there were any eating places surrounding his property. To the
west of his property there is a building occupied by Real goods, and to its south the
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building is occupied by Goodwill Industries, and to the immediate south of his property, the
property is rented out to various purposes. He suggested that the kennel is a much better
use of the site than other uses that are permitted under heavy industrial usage. The
kennel will be less noisy and less disturbing to the neighborhood.
Terri Vagt, 825 Mendocino Drive, Ukiah, applicant, advised that she has been in the pet
business moSt of her life. She recapped her involvement with animals and advised that
this is her life's work, not just a business. She wants to make a wonderful place for people
to bring their pets, which are members of their families. This is not the dog pound and she
realizes that the neighbors concerns are that her project will be similar to the dog pound,
but it will not be like that. She discussed boarding procedures and the care that is taken.
The animals are not dirty and she attempts to keep the dogs as happy as possible to avoid
barking. They clean the yards twice daily and dispose of the waste. She explained that
she operates her kennel in a very clean environment. With regard to the neighbors
concerns with barking dogs, she advised that she will do everything she can to keep them
from excessively barking or constant barking in the exercise yard. She noted that she
addressed some of the issues in her letter to staff. She noted there is not much property
available in the Ukiah area suitable for this use, and that the property chosen is suitably
zoned. She felt that the neighbors aren't looking at the other side of the picture as to what
could possibly be allowed on the property.
Councilmember Baldwin inquired if Ms. Vagt and the property owner are satisfied that
the hill to the west of their property is sufficiently stabilized and that it will not cause a
problem.
Ms. Vagt did not think the hill is a problem, however, she explained they plan to install a
drainage system. They have had a soil analysis prepared and the City has required a
geotechnical report on the property. The soil analysis has been completed, however, the
report has not been sent to them. As a long time resident of the Ukiah area, she noted that
the hill has been in this condition for many years.
Councilmember Baldwin noted that on the site plan drawing to the west of the exercise
area there is an unused open space area, and also to the north of the paved parking area,
and inquired if there are future plans for these areas.
Ms. Vagt explained there are no future plans at this time, however, the vacant areas could
be used for future growth. She noted that Mr. Lohse advised her that she was building on
20% of the property, and she would like to have the property looking nice and open.
Councilmember Smith inquired if Ms. Vagt is aware of the Noise Ordinance of the City's
Municipal Code and if she foresees this as a problem for her business.
Ms. Vagt advised that Planning Department staff has advised her of the Noise Ordinance
and does not see this as a problem. She explained that she had a business on North
State Street for over four years, having obtained a Use Permit from the County. She
advised she did not have any complaints in a mostly residential area.
April 19, 2000
Page 9 of 14
Councilmember Libby inquired if the neighbOrs have had an opportunity to review Ms.
Vagt's plan for the project.
Ms. Vagt did not think the neighbors have looked at her plans. She noted that the plans
were available for viewing during the Planning Commission meeting.
Leo Cortina, 348 Washington Avenue, property owner to the west of the project, advised
that he has no problem with the project. However, he has had problems with his tenants
complaining about the potential for noise with the dogs. When he went through the
Planning Department for his project, he was required to install a patio in the rear portion
of his property for a recreation area, rather than the front of the property fronting State
Street. This was completed and now approximately 25 to 30 people eat in this area.
About 15 employees from Goodwill Industries also eat in the rear portion of their building..
He expressed concem that wind may blow the smell from the kennels onto the back portion
of his and neighboring properties. He questioned whether the amount of people working
at the kennel would be adequate to care for the dogs.
Kevin $1ater, representing Lucky Distributors and owners Harold and Barbara Madden
who were unable to attend the meeting. They have expressed their concern with the
amount of barking as well as the smell and fly problem. Lucky Distributors is an Anheuser
Busch wholesaler in which they distribute beverages. Their property is directly east of the
project site. They have trucks and vans coming in and out of their property both morning
and afternoons. They also have haul trucks arriving throughout the day. They have been
having problems with the Fairgrounds due to the camping facilities and dogs staying there.
The Fairgrounds is directly north of their property. They are experiencing excessive
barking from these dogs due to their trucks and other vehicles arriving at their business.
He was of the opinion that with the number of dogs at the kennel throughout the day, and
the amount of traffic coming into their facility as well as the kennel facility, noise would
increase. He felt the smell from the kennel would be offensive to their customers who
frequent their business, picking up beverages throughout the day. They are also
concemed with the westerly winds that may carry the smell of the dogs to other properties.
Henry Mercer, owner of property adjacent to the project, advised that his building is set
back from the property line about three fee. He did not have a problem with the general
layout of the kennel, however, he expressed concern with the exercise yard. The
requirement was to install a six foot high redwood fence on the property line which would
be located about three feet from his building. He expressed concern with dogs urinating
against the fence. He noted that there is someone at his building eight hours a day and
felt the noise from dogs barking may be detrimental to them. He noted there is only about
four feet between where the dogs are barking and were someone will be working in his
building. He described one of tenants, a specialty foods business, which he visited, and
expressed concern with businesses mixing food products in such close proximity to where
the dogs will be urinating on the fence. He felt the exercise yard should be relocated on
the other side of the property, which would relieve him of any noise or odor factors.
Councilmember Baldwin inquired if there are windows in the wall along his building that
is more than 15 feet high, and the thickness of the wall.
April 19, 2000
Page 10 of 14
Mr. Mercer explained that there are no windows in the wall of the building and it is four
inches thick, with no insulation in the wall.
Joan Herman, 404 Oak Park Avenue, Ukiah, advised that she moved to Ukiah in 1986,
and explained her experiences with Ms. Vagt's Blue Ribbon Kennel. Her dog is always
clean and Ms. Vagt is a fine kennel owner, very knowledgeable, and is kind in her
treatment of the dogs. Once established at the new location, the dogs will be in the
exercise area only for limited amounts of time. She noted many families in Ukiah own
dogs and felt there is a need for this type of business in the community.
Tom Segar readdressed Council by stating he felt the truck traffic at the adjoining
business would far surpass the amount of noise generated by barking dogs at the kennel.
He was also of the opinion that the kennel would bother the Mr. Mercer's tenants and
noted that the food processing business would most likely be air conditioned.
Terri Vagt explained that she cleans the outside yards twice daily with bleach and sprays
them clean. She discussed the fencing separating her business from Mr. Mercer's
building. She further discussed flipping the design plans, but felt the noise would be better
contained with the present design. She explained that the dogs will go out to the exercise
yard in groups of two or four dogs for about 15 minutes, three times a day. Dogs are not
left in the exercise yard when no attendant is at the facility. The dogs are housed in runs
inside the facility. At her previous kennel on North State Street, there were 43 kennels
which she ten by herself, with some help on occasion. Her plans for this facility includes
one kennel person, one grooming persons, and a third person when the kennel is very
busy.
Councilmember Libby inquired as to how many kennels are anticipated to be used at one
time out of the 29 kennels for the facility.
Ms. Vagt explained that they should average about 20 dogs per day, in order for her
business to be profitable. She hopes to be half full or more most of the time.
Councilmember Libby discussed the large area between the RV storage, fence, trees,
and the exercise run is located next to it.
Ms. Vagt explained that if the exercise yard were relocated in that area, it would still be
close to Mr. Mercer's building. She discussed dividing the interior exercise yard into three
different yards, allowing them three different ways to get there. This design would be more
efficient for her to get the dogs to the yard area. She noted that by moving the exercise
yard to the rear of the property, near the vacant property, it would still be close to Mr.
Mercer's property.
Harold Mercer advised that does not have a problem with the kennel, since it is 20 feet
away from his property, however, he expressed concern with dogs being next to his
building, especially when the building is occupied by a business that processes food. He
will speak to the Department of Public Health about the restrictions involved with the
April 19, 2000
Page 11 of 14
preparation of food when dogs are only four feet away. He is agreeable to all other
aspects of the project, except for having the dogs is such close proximity to his building.
He concluded that his main concern is with contamination from the dogs.
PUBLIC HEARING CLOSED: 7:45 p.m.
Councilmember Libby inquired if staff has contacted the Public Health Department
regarding the project.
Mr. Lohse reported that staff contacted the Mendocino County Health Department, which
acts as the City's Health Department in these matters. Staff received a letter stating they
have no concern with the proposed facility at this site. Staff discussed with them concern
with potential for flies and other potential health problems and the Health Department is
not giving up their authority to monitor and enforce those measures.
Councilmember Smith noted the zoning does permit a variety of activity, including dog
kennels, in this designation. He was unsure if Council has discretion in the matter.
Mr. Stump advised that the kennel is an allowed use and does not require a Use Permit,
and that is why the project requires a Site Development Permit. The issues at hand for
Council concern Site Development issues, the layout, architecture, landscaping, parking,
etc., not whether a kennel is an appropriate use for the property. There is not discretion
in that area. However, there is discretion in how the project is laid out and building design.
The Planning Commission discussed these issues and felt comfortable with the design and
approved the project.
Councilmember Baldwin reported visiting the site and observed how monolithic the wall
is of the building to the south of the project. The wall encompasses the full length back to
the hill. The project also calls for a six foot setback and a six foot wooden fence. He noted
his adversity to mulberry trees and recommended selecting a different deciduous tree.
Councilmember Libby understood the neighbors' concern for the project, however, she
noted that the Planning Commission and Planning Department staff has tried to address
all the issues and concerns very carefully before approving the project. Noise seems to
be a major concern and the applicant has addressed this in their design of the kennel.
They have taken steps to address the noise factor and the way they will manage the
kennel to control the dogs from barking. She thanked those that attended the meeting and
voiced their opinions on the project.
MIS Smith/Libby Denying the Appeal and Approving Major Site Development Permit No.
00-03 and Minor Use Permit No. 00-04 as recommended by the Ukiah Planning
Commission, carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
and Chairman Baldwin. NOES: None. ABSENT: Vice-Mayor Ashiku and Mayor Mastin.
ABSTAIN: None.
Councilmember Smith encouraged the neighbors to file complaints if the project is
April 19, 2000
Page 12 of 14
disruptive.
Councilmember Libby suggested that the neighbors get together with the people who are
constructing the kennel and look at their project design.
7:50 p.m.: Vice-Mayor Ashiku returned to the meeting.
PUBLIC HEARING
8b. A_D_Deal of Planning Commission Decision to Deny Major Use Permit No. 00-05
Senior Planner Stump reported that this project was denied by the Planning Commission
and appealed by the applicants for consideration by the City Council. Staff, at the
Planning Commission level, recommended approval, and are continuing to recommend
approval. With all due respect to the Planning Commission, Planning Department staff
disagrees with their decision on the project, which is articulated in the Staff Report. He
explained that this issue concerns housing needs versus an increased desire for higher
architectural standards, which is a very difficult issue. As the City grows out and we have
very little room for any development, let along development for multi-family and Iow and
moderate income housing, we try to shape such projects to an approvable state so as to
take advantage of the last vestigages of land we have for residential housing projects.
Associate Planner Lohse advised that the Planning Commission denied the project, after
approving the Negative Declaration on March 2, 2000, based on the findings which are
included in the Staff Report. As articulated in these findings are the Planning
Commission's primary concerns with what they consider to be an inferior architectural
drawing, proximity to the railroad tracks, the attractive nuisance that a project of this sort
could be towards children that may reside at the apartments, the lack of infrastructure,
particularly pedestrian sidewalks on properties to the north and south, and their concern
that the project is located within Compatibility Zone B of the Ukiah Municipal Airport. Staff
has scaled this out and the line is right on the property. Staff reanalyzed the project in the
context of potential for being in Zone B and did not concur that the compatibility criteria
would exclude this particular use. After analyzing the particular concerns expressed in the
findings, the Planning Department concluded that the proposed apartment complex would
comply with applicable design standards, infrastructure elements, and infill policy criteria.
This includes the consistency with the Downtown Design Guidelines. Staff also noted that
the proposed Major Use Permit should be approved based on findings originally presented
by staff in their report to the Planning Commission, and subject to the Conditions of
Approval 1-23 included in the report. Staff's conclusion is that the location of the proposed
apartment complex would be highly favorable due to its proximity to the downtown area as
well as to medical services, shopping centers, and banking services, as well as the
proposed transit center. With those conclusions, staff respectfully disagrees with the
Planning Commission's decision to deny the project and are recommending that the
Appeal be upheld and the Major Use Permit 00-005 be approved based on the findings
contained in the Staff Report to the Planning Commission.
Councilmember Smith addressed the matter of the Planning Commission changing the
desires materials for the siding.
April 19, 2000
Page 13 of 14
Mr. Lohse explained that the original plans called for wood siding on the building,
however, the project applicants have modified the design to include a stucco siding in
order to make the structure more attractive. The design of the building remains the same.
Councilmember Baldwin inquired as to the maximum height limit for this zone and for
residential dwellings, and if the City's zoning allows for three-story residential structures.
He requested clarification concerning parking in the rear versus the front of the site.
Mr. Lohse explained that the height limit in the C-1 Zoning District is 50 feet. However,
staff would apply the R-3 standards for multiple family dwellings, which is 30 feet. This
project falls within that criteria. He noted it would be difficult to construct a three story
building with a 30 foot height limitation. He explained that
PUBLIC HEARING OPENED: 7:57 p.m.
Robert Axt,
PUBLIC HEARING CLOSED: 8:12 p.m.
MIS Smith/Libby Upholding the Appeal filed by Mr. Bob Axt and Approving Major Use
Permit No. 00-05, based on the findings contained in the Planning Commission staff report,
Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, and
Vice-Mayor Ashiku. NOES: Councilmember Baldwin. ABSENT: Mayor Mastin. ABSTAIN:
None.
13. CLOSED SESSION
None.
14. J}J~LO~J~J~[M~J~I~
There being no further business, the City Council meeting was adjourned at 8:22 p.m. to
April 26, 2000 at 4:30 p.m. in the Council Chambers.
Marie Ulvila, City Clerk
April 19, 2000
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