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HomeMy WebLinkAboutMin 12-15-04 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, DECEMBER 15, 2004 The Ukiah City Council met at a Regular Meeting on December 15, 2004, the notice for which had been legally noticed, at 6:32 p.m. Roll was taken and the following Councilmembers were present: McCowen, Crane, Rodin, Baldwin, and Mayor Ashiku. Staff present: Community Services Director DeKnoblough, City Manager Horsley, Public Works Director/City Engineer Steele, City Attorney Rapport, Public Utilities Director Ziemianek, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Mayor Ashiku led the Pledge of Allegiance. City Manager Horsley advised that Staff is requesting that item 9b, Public Hearing for "Approval of Resolution Establishing an On-Site Traffic Signal Mitigation Fee for the Airport Industrial Park" be pulled from the agenda to allow Staff time to speak with interested parties before bringing the matter before Council. City Attorney Rapport advised that the Public Hearing would need to be re-noticed. M/S McCowen/Baldwin to continue item 9b to a future date; carried by unanimous consent of the City Council. 3. INTRODUCTION/PRESENTATION 3a. Introduction of New Employee - Kevin Ingram~ Code Compliance Coordinator Planning Director Stump introduced the City's new Code Compliance Coordinator, Kevin Ingram, to the City Council. He discussed Mr. Ingram's interest in land use planning and that he is beginning his career as a professional planner. Kevin Ingram stated that he is proud and excited to have this opportunity. 3. INTRODUCTION/PRESENTATION 3b. Presentation by Solid Waste Systems: Status Report on Operations Jim Salyers, President of Solid Waste Systems, advised that Rick Powell, who has been president of Solid Waste Systems, recently retired. He stated he would regularly be attending future Mendocino Solid Waste Management Authority (MSWMA) meetings. He explained that Solid Waste Systems has implemented a two-line recycling system at the transfer station to help with traffic congestion on Saturdays. Mr. Salyers explained that new State regulations effective December 31, 2004 will require Solid Waste Systems (SWS) to retrofit some of the garbage trucks to reduce particulate matter emitted from the diesel engines. SWS is reviewing the feasibility of using bio-diesel to reduce the particulate matter to an acceptable level. However, bio- diesel has not yet been certified for use as an acceptable fuel. Regular Ukiah City Council Meeting December 15, 2004 Page 1 of 11 Rick Hollida¥, representing Motor-Carrier Specialists, explained that his company has been hired by North Bay Corporation to establish a systematic procedure/action plan for auditing the garbage trucks within the parent company to ensure that safety standards and best practices are appropriately maintained, similar to CHP safety practices/procedures. They have been contracted for one year to help organize and train SWS staff. City Manager Horsley commented that Solid Waste Systems is doing a free fall leaf pickup in December at no extra charge to the customer. Upon questioning by Councilmember McCowen as to whether SWS has complied with the California Air Resources Board (CARB) regulations and whether Solid Waste Systems has been working with the Mendocino County Air Quality District relative to grant assistance. Mr. Salyers replied that he had applied for grants through the State but was not aware that grant assistance was available from the Mendocino County Air Quality Management District. Mr. Salyers stated that the yard waste and garbage at the transfer station have been reduced to the level where they should be. The reorganization of Solid Waste Systems will address the issue of properly handling of recycling materials. He does not anticipate that recycling and collection will be a problem in the future. Paul Caylor, stated, as Deputy Director of Transportation in charge of solid waste for Mendocino County, he is pleased to hear the company is moving forward with improving their vehicle maintenance practices. He addressed the safety inspection reports conducted by the CHP for a garbage company operating under the North Bay Corporation. 4. INTERVIEWS OF AIRPORT COMMISSION APPLICANTS 4a. Council Interview of Applicants Allan Hunter and Carl Steinmann City Clerk Ulvila announced that Mr. Carl Steinmann contacted her office and informed her that he will not be able to attend this meeting, but hopes that Council will take his application under consideration. Allan Hunter fielded questions from Council concerning operations at the Airport. Sherrie Steinmann advised that her husband, Carl, is out of state and he asked that she attend the meeting and answer any questions in his place. Council asked her questions about her husband's background and interest in serving on the Airport Commission. 5. APPROVAL OF MINUTES 5a. Regular Meeting Minutes of November 177 2004 It was the consensus of the Council to continue the minutes to the next City Council meeting. Regular Ukiah City Council Meeting December 15, 2004 Page 2 of 11 5. APPROVAL OF MINUTES 5b. Regular Meeting Minutes of December 17 2004 It was the consensus of the Council to continue the minutes to the next City Council meeting. 5. APPROVAL OF MINUTES 5c. Special Meeting Minutes of December 77 2004 City Clerk Ulvila recommended a correction to the time that the meeting began. should be 9:00 a.m., rather than p.m. M/S McCowen/Crane approving the Regular Meeting minutes of December 7, 2004, as amended, carried by the following roll call vote: AYES: Councilmembers McCowen, Crane, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 6. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 7. CONSENT CALENDAR City Manager Horsley commented on agenda item 7d, and stated the County of Sonoma prepared the contract. The County of Sonoma desires to make the following changes: 1) Include section 4.3, which lists key personnel, and 2) Add language that allows the City to administrate such contracts as may be authorized by the Board of Directors. The City of Ukiah is the administrative agency for the Russian River Watershed Association. M/S McCowen/Rodin approving items "a" through "e" of the Consent Calendar as follows: a. Approved Disbursements for Month of November 2004; b. Awarded Bid for 25, 35, 45, 50, 70, and 75 Foot Class 3 Western red Cedar Poles to Bell Lumber & Pole Company in the Amount of $23,646.48; c. Approved Expenditures in the Amount of $100,000 for Legal and Engineering Services Related to Renewing and Extending the Annual Contract with Weatherford and Tasffe; d. Approved Consulting Agreement with Data Instinct for Services to the Russian River Watershed Association; e. Awarded Bid for Seven 50 KVA and Five KVA Pole Mount Transformers in the Amount of $15,876.22. Motion carried by the following roll call vote: AYES: Councilmembers McCowen, Crane, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Richard Seizer stated he is the Chairman of the Employers Council, and they recommend implementing a new sales tax measure. The initiative would be a one-half cent increase in the existing sales tax with a five-year sunset. If the City Council is not able to place this measure on a special election with the necessary number of Regular Ukiah City Council Meeting December 15, 2004 Page 3 of 11 signatures, the Employers Council would undertake that task. Furthermore, if the measure failed to pass, the Employers Council would pay the cost of the special election up to $10,000. Councilmember McCowen inquired whether the Employers Council would be willing to campaign on behalf of the sales tax ballot measure. Mr. Seizer replied "yes." James Connerton thanked the City Police and the Parks and Recreation Departments and Planning Director Stump for initiating clean up of the Orr Creek bench. Warren Sawyers welcomed Mayor Ashiku and Councilmembers Crane and McCowen to the Ukiah City Council. He briefly discussed problems regarding the reading of his electrical meter. He is working with the City, and anticipates the problem will be resolved. 9. PUBLIC HEARING 9a. Tentative Certification of Environmental Impact Report for the Orr Creek Bridge and Orchard Avenue Extension Proiect Planning Director Stump reported on the background process for preparation of the EIR, and stated that an Addendum to the EIR was recently prepared to update certain information on public service providers to ensure that the EIR is current and to address changes in long-term, growth-inducing impacts that could result from the RCHDC 153- unit apartment project. It was determined that this particular project would not have substantially different impacts from those assumed for the subject parcel and identified in the EIR. The EIR identifies a number of impacts that could result from the construction of the proposed bridge and street improvements, as well as future growth- inducing impacts that could result from the development of the 95-acre Brush Street Triangle area. Therefore, mitigation measures were recommended for those impacts identified as being potentially significant. However, the EIR identifies one significant growth-inducing impact that cannot be successfully mitigated or avoided with buildout. It states, "Buildout traffic would result in insufficient vehicular storage capacity on East Perkins Street between Orchard Avenue and the Southbound Highway 101 ramps to accommodate eastbound traffic." A Statement of Overriding Consideration has been prepared and is included in the proposed Resolution. Mr. Stump stated the City and County staff also prepared a Land Use and Road Improvement Agreement concerning future development in the Brush Street Triangle that was approved by both the City Council and the Board of Supervisors. The Agreement requires the County to adopt an Ordinance requiring discretionary review before the City can certify the EIR. Subsequently, the County Board of Supervisors adopted a 45-day urgency/interim Ordinance on December 7, 2004, to allow the City to move forward with EIR certification. The revised EIR, final EIR, and EIR Addendum comprise the EIR to be certified. He recommended Council tentatively certify the EIR and direct staff to prepare a Mitigation Monitoring Program and Resolution certifying that the EIR complies with the CEQA requirements for adoption at the next regular meeting. Regular Ukiah City Council Meeting December 15, 2004 Page 4 of 11 Leonard Charles stated he is the consultant who prepared the EIR for the City's Orr Creek Bridge and Orchard Avenue extension project. He stated the RCHDC project in the unincorporated area is required to have its own environmental study to address specific impacts. He stated that the EIR Addendum reached the conclusion that area- wide impacts could still be reduced to less than significant levels even if the RCHDC project were developed without preparation of a Specific Plan because of where the project is located. The residential project would not interfere with any future open space, recreation, drainage plan, or circulation plan for the Study Area. It was also concluded that it would not interfere with an overall design motif for the area, since commercial development was assumed/planned for most of the Study Area. However, the City Council may desire to change the mitigation measure to articulate that a Specific Plan be created before the first commercial development application is submitted. Councilmember Baldwin commented that the EIR states that the bridge would help meet the City's objectives for relieving traffic on Ford Street without causing any significant traffic impacts. He referred to page 40 of the EIR, and noted the statement requiring a traffic signal at the intersection of State Street and Ford Street is contradictory. Mr. Charles replied the traffic mitigation measures are based on "buildout" of the entire area, including new developments in the City. Construction of the new bridge would not directly cause the need for a traffic signal at the intersection of State Street and Ford Street. It is the future developments that occur as a result of the new bridge along with other developments in the City that would create the need. He added that MCOG conducted their own traffic study of the Brush Street Triangle, and their recommended mitigated measures are noted in the EIR. The agreement recently made between the City and County states that new development in the area will be required to meet and pay the costs for its share of the improvements identified in the MCOG traffic study and/or for another traffic study that may later be required. A general discussion followed regarding the issue of designating open space to meet the square footage percentage requirement recommended in the EIR. Mr. Charles stated all new projects would be required to go through CEQA review. Councilmember Baldwin commented the EIR does not specifically state that 20 percent of the area shall be set aside for open space. He further commented regarding the CEQA review, and inquired as to how many adjacent developments received Negative Declarations rather than an EIR after the EIR for Wal-Mart was prepared. He is not in favor of applying the AlP development standards as a model for development of the Brush Street Triangle. Councilmember Baldwin expressed concern regarding the concept of "piece-meal" development. He stated it is his understanding that there is an immediate request for water facilities for another housing project adjacent to the RCHDC affordable housing project. He stated "piece-meal" development was allowed in the AlP, and expressed Regular Ukiah City Council Meeting December 15, 2004 Page 5 of 11 concern that without a specific plan such development will occur in the Brush Street Triangle. Councilmember Baldwin referred to page 10 of the EIR Addendum regarding water and questioned how a new water license/permit from the State would increase the amount of water available for use by the City. City Attorney Rapport commented that the City has applied to the State to extend its 10-year period to another 10 years. This would allow the City to put more water to beneficial use, provided the extension permit is granted. Councilmember Baldwin stated the original EIR mentions the need to develop a "specific plan" for the area, but development in the commercial context was not mentioned in any of the Mitigation Monitoring Program measures. Mr. Charles stated it became apparent that a "specific plan" is necessary before commercial development occurs in the Brush Street Triangle. Councilmember McCowen commented it would be the buildout of the development that would generate traffic rather than the construction of the bridge. In his opinion, by building the bridge and not connecting it to another street, there would be a significant amount of additional traffic in the Ford Street area. Mr. Charles agreed that the bridge would re-distribute traffic. Mr. Stump stated this is the reason the bridge was regarded as an "enhancement" to the K-Mart project. He stated that the bridge was not required in the K-Mart environmental document as a mitigation measure. Councilmember McCowen stated the bridge could be built, but not opened until later when the appropriate improvements have been made to Brush Street. However, there is a need to move forward with development of the bridge because not doing so could potentially jeopardize funding and/or allow the corresponding documents to become dated. Public Hearing Opened: 7:45 p.m. Members of the audience that spoke to the issue were: Judy Pruden, Jack Cox, Susan Knopp, Ken Anderson, Maxine Stevens, Halem Hoser, Dan Holbrook, Lee Howard, Diane Zucker, John Mayfield, Emmett Jones, Dwayne Hill, and Bill Randolph. Public Hearing Closed: 9:11 p.m. Considerable discussion followed relative to the EIR for the Orr Creek Bridge and Orchard Avenue Extension projects. Topics discussed included the results of the traffic study, delaying a decision on the matter to allow time to address the concerns expressed by the Wagonseller's Neighborhood with regard to traffic congestion once Regular Ukiah City Council Meeting December 15, 2004 Page 6 of 11 the bridge is built, the possibility of traffic congestion once RCHDC builds their proposed housing project, and obtaining further information from the City's annexation consultant. Mr, Charles clarified the purpose of the EIR and explained that building the bridge will improve traffic conditions in the area and noted that everyone will be assessed their fair share of the costs. There was further discussion regarding the issues of constructing the bridge and traffic circulation, CEQA, whether the mitigation fees are adequate, the need for housing in Ukiah, the possibility of annexing the area in the Brush Street Triangle, creating a sufficient area of open space in the Brush Street Triangle, and the possibility that commercial development in the area would trigger the need for a specific plan. It was noted by Staff that the City cannot mandate a specific plan for property that is not within the City limits. A meeting with the Wagonseller's Neighborhood and RCHDC was also suggested. Staff advised that it is not known when the citywide traffic study will be completed. Staff also discussed how the grant money would be used. The City's history of working with County representatives was discussed, and it was noted by Staff that dialogue between the City and County continues. City Attorney Rapport discussed the terms and process for the agreement. He also discussed the impacts of delaying the certification of the EIR. He recommended Council focus on whether there are any deficiencies in the EIR that need to be addressed so that Staff can bring back a document that can be certified. He went on to discuss Council making findings and the need to finalize the mitigation monitoring plan. He explained that it is the City's policy not to provide water unless the requestor annexes the property to the City. RCHDC has filed annexation papers. It was the consensus of Council to direct Staff to address the four points of concern expressed by Councilmember Baldwin and report to Council at its next meeting. Further, Staff should provide Council with a draft resolution certifying the EIR document including language that establishes criteria for the RCHDC property to proceed without a Specific Plan. M/S McCowen/Crane tentatively certifying the EIR for the Orr Creek Bridge and Orchard Avenue Extension project, based on the consensus of the Council with regard to direction to staff, and directing Staff to prepare a Mitigation Monitoring Program and Resolution to formally certify the EIR for the City Council's adoption; carried by the following roll call vote: AYES: Councilmembers McCowen, Crane, Rodin, Baldwin, and MayorAshiku. NOES: None. ABSTAIN: None. ABSENT: None. Recessed: 10:22 p.m. Reconvened: 10:35 p.m. 9. PUBLIC HEARING 9b. Approval of Resolution Establishing an On-Site Traffic Signal Mitiqation Fee for the Airport Industrial Park The City Council, by unanimous consent, approved continuation of this matter to the February 2, 2005 meeting. Regular Ukiah City Council Meeting December 15, 2004 Page 7 of 11 10. UNFINISHED BUSINESS 10a. Discussion of Funding Mechanisms for the Acquisition and Development of Properties and Proiects for Paths, Open Space, and Creeks Within the City of Ukiah Community Services Director DeKnoblough discussed his Staff Report regarding potential funding sources for the acquisition and development of properties and projects identified by the Paths, Open Space, and Creeks Commission (POSC). He discussed funding sources through the California State Parks and Fish and Game Grants, Conservation Easements and Land Trusts, as well as additional funding through the California Department of Forestry. Additionally, the City Council has previously designated in the budget $185,000 in the Special Projects Reserve Fund for open space acquisition. As no properties have been recommended for acquisition, these funds remain in reserve. Councilmember Rodin suggested that it could be the role of the POSC to make the appropriate contacts with land owners and describe the program. The difficult part would be to come to an agreement with the land owners. She explained that the Department of Conservation offers an agricultural preservation grant. Mayor Ashiku stated that during this time when the City has severe economic challenges, even supplying matching funds could be a challenge. Judy Pruden suggested the POSC could partner with the Ukiah Valley Trail Group. Community Development Director DeKnoblough advised that POSC member, Howie Hawks, is a member of that group and he will contact him about funding mechanisms. Councilmember Baldwin requested that Council hear agenda item 10b next. Council was polled and approved by consensus. 10. UNFINISHED BUSINESS 10b. Discussion and Possible Introduction of Ordinance Amending City Noise Regulations and Consideration and Possible Adoption of Noise Regulations for City Parks and Facilities Councilmember Baldwin expressed his concerns with amplified music in parks especially as it relates to the impact on neighborhoods where City parks and other outdoor facilities are located. City Attorney Rapport explained the proposed changes to the current Noise Ordinance, as presented in the Staff Report. He also explained the proposed Resolution establishing specific amplified sound policies for the City's parks, streets, and public areas. Discussion followed with regard to changing the classification of violations to infractions, as proposed by Staff, and setting the amount of the fine for penalties. It was noted by City Attorney Rapport that the proposed fine is the maximum amount in every case Regular Ukiah City Council Meeting December 15, 2004 Page 8 of 11 and the judge hearing the case can impose a fine up to that amount. Discussion continued concerning fines for subsequent offenses. Police Chief Williams discussed the issues related to enforcement and court proceedings. M/S Baldwin/McCowen introducing Ordinance amending City noise regulations by title only; carried by the following roll call vote: AYES: Councilmembers McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: Crane. ABSTAIN: None. ABSENT: None. City Clerk Ulvila read the title of the Ordinance, "An Ordinance of the City Council of the City of Ukiah Amending Ukiah City Code Sections 6058 and 6060 in Division 7, Chapter 1, Article 6, Entitled "Noise Regulation" and Section 1985 in Division 1, Chapter 12 Entitled: "Parks and Recreation Facilities". M/S Baldwin/McCowen introducing Ordinance; carried by the following roll call vote: AYES: Councilmembers McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: Crane. ABSTAIN: None. ABSENT: None. It was the consensus of the City Council to continue the matter of adoption of the Resolution establishing policies regulating amplified sound in parks, streets, and other City owned outdoor areas to the next City Council meeting. 11. NEW BUSINESS 11a. Adoption of Resolution Making Appointment to the Airport Commission After a brief discussion, it was the consensus of the City Council to direct Staff to bring the matter back to the Council for consideration after the next Airport Commission meeting so that the Airport Commission could provide the City Council with a recommendation. M/S McCowen/Baldwin to send the Airport Commission applications to the Airport Commission for review and comment and that the City Council consider appointment to the Airport Commission at their February 2, 2005 meeting; carried unanimous consent of the Council. 11. NEW BUSINESS 11b. Discussion and Approval of Memorandum of Mutual Understanding for Participation in Development in a North Coast Integrated Regional Water Management Plan City Manager Horsley advised that staff is requesting Council's approval on a Memorandum of Mutual Understanding so that Prop 50 money will be available to the City. Various aspects of the MOU were discussed. M/S McCowen/Rodin approving the Memorandum of Mutual Understanding for participation in and development of the North Coast Integrated Regional Water Management Plan pursuant to Chapter 8 of Proposition 50; carried by the following roll call vote: AYES: Councilmembers McCowen, Crane, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. Regular Ukiah City Council Meeting December 15, 2004 Page 9 of 11 11. NEW BUSINESS 11c. Assignment of Ukiah City Councilmembers to Various Committees Mayor Ashiku discussed his list of recommendations for Councilmember appointments to various committees and heard from Council with regard to their interests. He concluded that his recommended appointments will be assigned and be subject to review in the future. He noted that each Councilmember represents the entire City Council on the committees and discussed the importance of Councilmembers providing reports at Council meetings of the committee meetings they attend. Councilmember Rodin noted the importance of Councilmembers bringing issues before the Council to obtain a consensus or direction from the entire Council concerning how they should vote on specific issues. 11. NEW BUSINESS 11d. Selection and A[~[~ointment of Vice-Mayor City Manager Horsley briefly explained the duties of the Vice-Mayor and noted that Councilmember Baldwin is the senior member of the Council and has held the position of Vice-Mayor since December 1998. M/S McCowen/Ashiku appointing Councilmember Baldwin Vice-Mayor of the City Council; carried by the following roll call vote: AYES: Councilmembers McCowen, Crane, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 11. NEW BUSINESS 11e. Authorization to File Protest with Water Resources Control Board of Redwood Valley Water District Applications to Appropriate Water From West Fork Russian River and Mill Creek City Attorney Rapport explained that Redwood Valley Water District has filed applications with the Water Resources Control Board to appropriate water for multiple uses from Mill Creek and from the West Fork of the Russian River. There were many unanswered questions about these applications and they could impact the City's water rights. This is a protective filing to insure that the City has standing to protect its interests in proceedings before the Board. M/S Rodin/Baldwin authorizing Robert Wagner to file protest contained in Attachment 1 of the Staff Report on behalf of the City of Ukiah; and carried by the following roll call vote: AYES: Councilmembers McCowen, Crane, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 11. NEW BUSINESS 11f. Overview of Council/Planning Commissioner Appointment Process City Manager Horsley provided an overview of the Planning Commission appointment process. Regular Ukiah City Council Meeting December 15, 2004 Page 10 of 11 A brief discussion followed Commissioners, and the appointments. regarding the new procedure, terms of the Planning rotation process for Councilmembers making the 11. NEW BUSINESS 11g. Consideration and Possible Approval of Settlement Agreement in McCann~ Templeton v. Ukiah City Attorney Rapport explained that the matter would be discussed in Closed Session. Any action by Council would be taken in open session. 12. COUNCIL REPORTS No reports. 13. CITY MANGER/CITY CLERK REPORTS City Manager Horsley distributed a capital improvements list to Council. Councilmember Baldwin reported that he attended a meeting of the Ukiah Valley Sanitation District earlier today and one of the agenda items concerned the use of grease traps. Some members of the audience challenged the validity and requested the District conduct a workshop on its use. Adjourned to Closed Session: 11:50 p.m. 13. CLOSED SESSION a. G.C. ~54957.6-Conference with Lebor Ne.qotiator Employee Organization: Electrical Unit Agency Designated Representative: Candace Horsley, City Manager b, G. C. ~54956.9 (a) -Conference with Legal Counsel - Existing Litigation McCann, Templeton v. Ukiah, Mendocino S.C. No. SCUK CVG 0391282 11g. Consideration and Possible Approval of Settlement Agreement in McCann~ Templeton v. Ukiah M/S Rodin/Baldwin to approve settlement agreement in the McCann, Templeton v. Ukiah case; carried by unanimous consent of the City Council. 14. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 12:03 a.m. Marie Ulvila, City Clerk Regular Ukiah City Council Meeting December 15, 2004 Page 11 of 11