HomeMy WebLinkAboutMin 06-01-05MINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING
WEDNESDAY, June 1,2005
The Ukiah City Council met at a Regular Meeting on June 1, 2005, the notice for which
had been legally noticed, 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: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. Staff present:
Community Services Director DeKnoblough, City Manager Horsley, Finance Director
McCann, City Attorney Rapport, Community Services Supervisor Sangiacomo, and City
Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Everyone recited the Pledge of Allegiance.
3. INTRODUCTIONS/PROCLAMATION
'3a. Introduction of Police Officers Promoted: Captain Trent Ta¥1or~ Sergeant
Darren Wojciezak~ and Sergeant Sean Kaeser
Police Chief Williams introduced each Police Officer and discussed their professional
background and job expertise.
3. INTRODUCTIONS/PROCLAMATION
3b. Proclamation: "Hate Free Awareness Month in Ukiah~ California"
Councilmember Rodin' read the Proclamation designating June as "Hate Free Awareness
Month in Ukiah, California". The intent of the Proclamation is to promote more compassion
in .the community and focus on freeing the community of crimes related to hate and
prejudice.
DeLynn Rogers accepted the Proclamation on behalf of Parents, Family, Friends of
Lesbians and Gays. A documentary film entitled, "Not in Our Town Northern California:
When Hate Happens Here," will be featured at the Ukiah Playhouse on June 14th at 7:00
p.m.
4. APPROVAL OF MINUTES
4a. Regular Meeting Minutes of March 2~ 2005
M/S McCowen/Baldwin approving the Regular Meeting minutes of the March 2, 2005 City
Council meeting as presented, carried by the following roll call vote: AYES:
Councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN:
Councilmember Rodin. ABSENT: None.
4b. Regular Meeting Minutes of April 6~ 2005
M/S Rodin/Baldwin approving the Regular Meeting minutes of the April 6, 2005 City
Council meeting as presented, carried by the following roll call vote: AYES:
Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None.
ABSTAIN: None. ABSENT: None.
5. RIGHT TO APPEAL DECISION
Mayor Ashiku read the appeal process.
Regular Ukiah City Council Meeting
June 1,2005
Page 1 of 15
6. CONSENT CALENDAR
M/S McCowen/Crane approving items "a" through "c" of the Consent Calendar as follows:
a. Authorized Director of Public Utilities to Execute a Change Order to W estcoast
Arborists, Inc. to Perform Additional High Voltage Line Clearing and Tree Trimming At
Various Locations Within the City of Ukiah in An Amount Not to Exceed $10,000;
b. Received Report to Council Regarding the Purchase of Services From Roberts
Mechanical & Electrical, Inc. for Electrical Work at Field 3 of the Ukiah Softball
Complex in the Amount of $10,290;
c. Received Notification of Bid Ward to All Star Fire Equipment in the Amount of
$8,005.15 to Purchase Six Turnout Coats and Nine Pairs of Turnout Pants From
Account 100.2101.690.06.
Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen,
Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward to address Council.
al
PUBLIC HEARING
Discussion and Action on Krauss/'roms Appeal of Planning Commission
Conditional Approval of the Marin Ventures/Wal.clreens Store on East Perkins
Street
Planning Director Stump discussed the staff report and provided background
information.
Mr. Stump further discussed the re-design proposed by the applicants as displayed by the
site plans in response to Council's request to modify the box-like appearance of the
structure.
Councilmember Crane inquired regarding the number of parking spaces required
between the trees. He further inquired whether there was any flexibility regarding the
setback requirements between the building and the west property line in terms of
potentially salvaging the trees.
Mr. Stump stated the UMC requires one tree for every four parking spaces, which have
been incorporated into the Landscaping Plan. The applicants and staff have reviewed the
likelihood for moving the building to the west to allow for more space, but the proposed
landscaping planter and traffic/circulation/ingress & egress and other development issues
would not make this feasible.
Councilmember McCowen questioned the number of excess parking spaces.
Mr. Stump responded the applicants have 13 excess parking spaces, 48 are required, 61
are proposed.
Regular Ukiah City Council Meeting
June 1,2005
Page 2 of 15
Councilmember McCowen inquired if some of the additional parking spaces were
eliminated whether some of the trees could be saved. He further inquired whether the
applicants proposed mitigation measures for the traffic matters.
Mr. Stump stated that they could be saved if parking was reduced. The applicants have
indicated they would like to contribute/pay into a fee to mitigate traffic impacts relevant to
potential improvements to the intersection of Hospital Drive and East Perkins Street.
Councilmember Baldwin addressed the Ukiah General Plan and parking requirements.
Mr. Stump stated the UMC does allow decision makers to reduce the amount of parking
below what is required provided a finding is made and that this finding must demonstrate
something special or unique about the use of the property that warrants an Exception.
City Manager Horsley commented Redwood trees are not typically recommended as
street trees because they are not appropriate for planter strips.
Mr. Stump stated Redwood trees in the Airport Industry Park (ALP) are feasible because
the conditions for the trees are more appropriate since the planting stripes are much wider
and conducive for maintaining the health/longevity of the trees.
Mayor Ashiku inquired-regarding the plans for the northwest section of the property and
whether this area could be available for parking.
Mr. Stump replied the northwest section of the property could be available for parking
provided modifications are made to the site plan.
A general discussion followed regarding the degree of viability of the trees should the
necessary tree care be given such as trimming that would help preserve and allow the
Redwood trees to survive as a way to mitigate the issue of potential liability. There was
discussion concerning the aesthetic appearance of the trees when trimmed, as some trees
may not look good after they are trimmed and these trees are located in one of the primary
gateways to the City.
Major Ashiku emphasized that the City Council is only allowed to consider such project
merits as building aesthetics, parking and landscaping, and other materials/design issues
related to the Site Development Permit. Land use issues are not relevant because the
project site is zoned for use as a retail commercial establishment.
PUBLIC HEARING OPENED: 7:22 p.m.
Alea Waters spoke against having a Walgreens at the proposed site because it does not
effectively correspond with the character of the Downtown. Also, the proposed retail
establishment would be too large for the site.
Gail Dammuller addressed the trees on Hospital Drive, and recommended they be
preserved to coincide with the numerous pocket parks throughout the City. She suggested
Regular Ukiah City Council Meeting
June 1,2005
Page 3 of 15
Walgreens modify the project to meet the desires and needs of the community. She
recommended the City Council oppose the project.
Becka Thune stated at the April 20th meeting, it was inferred that Coastal Redwoods trees
were not native to Ukiah. She consulted with Robert Wallen from Mendocino College
about this topic, She quoted information confirming that Redwood trees are native to the
Ukiah Valley floor.
Albert Krauss is not supportive of the project. He supports the concept of retaining the
Redwood trees on the site and commented on this issue. He further commented on the
project intent, site layout, traffic congestion issues, and design/architectural
characteristics/features relative to overall appearance and size/mass, and questioned the
potential effects this project could have on appropriately meeting the needs and desires of
the community to effectively maintain/preserve and enhance the quality of life for the
citizens of Ukiah.
Michael Toms commented on the tree issue relevant to the proposed site, as an advocate
of trees and parks with trees. He further commented that the structure continues to have a
box-like appearance even with the design modifications. He expressed concern regarding
a list of issues relevant to color scheme, signage, the building facade, roofline/elevations,
providing ample area for benches, and other relevant architectural design
features/materials. He commented on the issue of access. He further commented on the
issue of signage, and stated the proposed 24-hour sign for the pharmacy is obtrusive and
does not adequately meet the Council's request. He questioned the arborist's tree
appraisal as being "highly selective." He favors preservation of the Redwood trees on
Hospital Drive for future generations to enjoy. Although he supports the concept of
allowing for a Walgreens, he recommended they choose an alternative site.
Judy Pruden commented there is ample direction provided in the City's master
plans/design guideline concepts for commercial establishments that specifically address
the City's corridors/gateways, and emphasized the importance of such application
particularly for projects being considered within the City's gateways. She addressed the
Redwood trees on Hospital Drive that have been referred to as the "urban forest." She
referred to the Landscape Streetscape document, and recommended its application to
serve as a design guideline for the proposed project to "preserve and protect" the aesthetic
quality in this community. She suggested design modifications, for the proposed tower
structure, including the use of knee braces for the tower, that could be applied to help
preserve the historical design features of the community. She recommended modification
to the proportion and scale (mass) of the structure to provide for a more architecturally
pleasing appearance.
Lang Russell has two large Redwood trees in his front yard, and they have not been a
problem. He stated Redwood and Oak trees are the two tree species communities try to
preserve. He stated the proposed Walgreens at the proposed location could take away
from the small businesses. He favors preservation of the trees and proposed limiting some
of the parking spaces.
Regular Ukiah City Council Meeting
June 1,2005
Page 4 of 15
Mary Anne Miller stated the discussions have generated good reasons for saving the
trees, and recommended allowing the community to voluntarily care for the trees.
Walgreens is featuring a drive-up pharmacy so some parking spaces could be eliminated
and the trees preserved. She commented that the building could be downsized to better
complement the property.
Lori Leaf supports preservation of the Redwood trees. She recommended providing for a
"green belt" on the property. She also recommended the lighting be minimized for the
project. She further recommended the wood in the existing buildings be recycled since
they have some historical value considering the various businesses that have operated at
the site. She commented that the location is dangerous and recommended a traffic signal
be implemented at the intersection of East Perkins Street and Hospital Drive to address
pedestrian safety.
Nancy Rocca supports preservation of the trees. She recommended that the tree species
selected for the project consider the needs of the trees, including the elements of long-
term care and maintenance. She inquired regarding the possibility for application of
photovoltaic energy on the building for energy conservation purposes.
Darca Nicholson supports the concept of Walgreens locating outside of the Downtown
area. She emphasized using photovoltaic and/or alternative energy, as well as materials
that do not consume large amounts of energy.
Mayor Ashiku reiterated that the applicant has expressed an interest in using photovoltaic
energy.
Lisa Mammina has a Redwood tree in her yard, and although some maintenance is
required, she likes having the tree. She advocates planting Redwood trees in the
community.
Grant Leschin, Marin Ventures, project applicant thanked staff and the community for
providing valuable project input. He commented on the City Council's request to modify the
building elevations to better reflect the character of the area and to provide a design
unique to Ukiah. To accentuate the property as a gateway to the City and to pay tribute to
the historical context of the site, the project architects have worked diligently to come up
with a workable site plan. At the request of the Council, considerable changes have been
made to the building's facade and tower with accentuating knee braces and a cornice
treatment below. The applicant would be amenable to modifying the knee braces as
recommended by Judy Pruden. He further elaborated on the cornice treatments for the
building and other building design features/amenities, materials, and color scheme for
consistency with the surrounding neighborhood/community structures. He addressed the
tree matter, and provided a copy of the Anthony Joslin Arborist report. The arborists that
examined the trees indicated they have significant structural defects at this point that can
cause damage to existing infrastructure and potential hazards to persons and private
property. The trees will experience negative impacts relevant to health and longevity as a
result of the renovation activity, and therefore, did not recommend the trees be preserved.
He recommended planting new trees and to start over with a care and maintenance
program to enhance their longevity.
Regular Ukiah City Council Meeting
June 1,2005
Page 5 of 15
Mr. Leschin stated the proposed area of the building is 50 percent less than the existing
structures on the site so the mass/scale of the building has been considerably reduced to
be consistent with the building design guidelines for commercial development outside the
Downtown area. A reduced building footprint would allow for increased landscaping. He
addressed the parking comments. The project has been extensively discussed at the
Planning Commission and City Council levels, and the applicants have worked faithfully
and comprehensively to bring forth a quality project to meet the City's design standard
criteria.
Councilmember Baldwin inquired regarding changes to the final concept for the lit sign in
the tower.
Mr. Leschin replied changes to the window treatments were made.
Councilmember McCowen inquired whether it was necessary to have the backlit tower
Walgreens logo and signs on all three sides of the building. He recommended the signage
be refined a little more even though it is in compliance with City standards to reflect the
historical aspects and architectural compatibility with other neighboring buildings since
Perkins Street is one of the primary gateways to the City.
Mr. Leschin stated the project complies with the signage standards relevant to size and
number of signs. The amount of signage proposed is below the maximum required.
Mr. Toms requested review of the arborist report prepared by Mr. Joslin.
Councilmember McCowen supports the concept that wood from the existing structures
be recycled.
Mr. Leschin would be amenable to this recommendation.
RECESSED: 8:36 p.m.
RECONVENED: 8:52 p.m.
PUBLIC HEARING CLOSED: 8:52 p.m.
Councilmember Baldwin desires to deny appeal provided the proposed lit sign is
eliminated because such a feature does not belong in Ukiah and if preservation of the
entire grove of Redwood trees along Hospital Drive were to occur.
Councilmember Rodin appreciates the efforts the applicants have made to address the
aesthetic issues. However, the general box-like appearance still remains. The project is
not unique to Ukiah and does not effectively serve as a gateway to the community even
though the building area would be smaller than the size of the buildings that currently exist
on the site. The project is too large for the site, especially with the tower. She is opposed
to the logo sign in the tower, and stated it is too bright and is not a good fit, especially
since the site is a gateway to our community.
Regular Ukiah City Council Meeting
June 1,2005
Page 6 of 15
Councilmember McCowen supports the concept that the applicant is entitled to have a
feasible project since it is an allowable use. He addressed the concept of determining
whether formula/chain stores are appropriate in certain areas, which is an issue that
should be reviewed at another time and should not be a consideration for this project in
mid application. He has observed the trees in detail, and commented they do have
structural problems making them prone to splitting and dropping debris. Preserving the
entire strip of trees would render the project unfeasible because this would eliminate
available parking spaces and most of the driveway or drive area adjacent to this side of the
building. As a result, interior traffic circulation would likely be affected. He agreed with the
comments that Redwood tree species are not appropriate as street trees. He is not in
favor of rejecting the project to preserve the trees. He did, however, recommend
improvements be made to the signage/design elements of the building, ensure that an
alternative energy component be included to the project plans, provide some specific
documentation regarding a fee commitment to the Traffic Mitigation Improvement fund,
coordinate the selection/planting of new trees with a reputable local organization, and
recycle the wood from the existing structures.
Councilmember Baldwin stated the proposed design is not his most critical feature.
Walgreens is interested in promoting the store so elimination of the trees would provide the
area and visibility necessary to advertise, along with additional space for onsite traffic
circulation and increase in area for the driveway entrance. He supports preservation of the
Redwood trees, and stated the appropriate findings can be made based upon language
pertinent to tree enhancement in the Ukiah General Plan and in the
Landscaping/Streetscaping Design Guidelines to require that the trees remain. He
disagreed with Councilmember McCowen's comment that the project would be unfeasible
provided the trees remain. He stated the City/Council should be sensitive to the
needs/desires of the community with regard to the Walgreen's project.
Councilmember Rodin commented the project essentially has three issues, and they
include the building, backlit box for the sign in the tower, and the trees.
Major Ashiku stated traffic is also an issue. He recommended moving forward with the
design element aspect of the project.
Councilmember McCowen stated it is important to determine whether the project
complies sufficiently with community standards, as well as decide whether all or some of
the trees should or should not be saved.
Mayor Ashiku agrees with Councilmember McCowen's point of view. It may be
inappropriate to save all or even some of the trees. The arborists, as experts, have
expressed their opinions, and the information from the reports indicate the trees do have
structural problems. The question is when would it be unfeasible to keep a tree for
aesthetics reasons or other reasons because it has been so "cut up" by the time it has
been made safe and/or healthy. Only an arborist can appropriately answer this and other
relevant tree maintenance/safety/health questions. He suggested looking at alternative
ways to effectively balance what development criteria could be created for the good of the
community. Trees having multiple trunks should not be allowed.
Regular Ukiah City Council Meeting
June 1,2005
Page 7 of 15
A discussion followed regarding the opinions of arborists relevant to the necessary criteria
for preservation of the trees. There was also discussion concerning the elements of growth
and height.
City Manager Horsley addressed the trees at Todd Grove Park, and explained that some
of those trees represent old growth and may be as old as 100 years. There have been
incidents where trees fell on vehicles and on playground equipment. Many trees had to be
removed because they were so old and new trees were planted.
City Attorney Rapport recommended the arborists' opinions be considered for decision-
making purposes.
Councilmember Rodin project comments are as follows:
Preserve/maintain the area housing the trees as a "greenbelt," including other trees
on Hospital Drive. The intent of the development should work around the trees and
not vice versa. The trees help mitigate/complement the lesser quality of design that
the building represents. She recommended the application of effective landscaping
features and streetscape to preserve the local urban forest.
The project is inconsistent with the Ukiah General Plan, as it does not effectively
improve the area as a gateway to the community relative to overall building design
and signage and corresponding sign lighting. These elements also detract from the
appearance of the Downtown and do not enhance the character of the area or.
comply with the development goals/objectives envisioned in the General Plan.
The site selection for Walgreens is not appropriate for the proposed design
characteristics.
Implementation of a free standing or monument sign with the corporate logo would
be acceptable as opposed to the proposed signage.
She would not be amenable to making a compromise/concession regarding the
proposed building footprint or for the signage.
Councilmember Crane project comments are as follows:
The Redwood trees on Hospital Drive do not appear to be particularly healthy and
are not likely candidates to live a long healthy life. The trees are privately owned so
technically decision-making concerning whether the trees are considered good
specimens or in good health pertain to the property owner.
He does not favor the lighted area on top of the building and emphasized the
importance for the project to conform to the City's design standards and desires of
the community.
Councilmember McCowen project comments are as follows:
Better design to soften the overall impact on a primary gateway to the City is
appropriate.
Soften the design features on the west elevation including putting a shed roof above
the columns down the side of the building that would be 2.5 to 3 feet wide and
incorporate the same roofing materials as the porta roof.
The curved steel arches can be maintained as designed.
He is not supportive of the lit logo in the tower or the neon logo that advertises the
Walgreens store, and recommended no signage for the west elevation of the
Regular Ukiah City Council Meeting
June 1,2005
Page 8 of 15
building. The tower logo can be lit, but not to the degree that it impacts the
community.
Other relevant issues pertaining to the trees, application of energy-conserving
alternatives, and the recycling of the wood from the existing structures were
addressed in the above discussions.
Construct a fence on west property line to be consistent with the markings on the
Mayor's site plan and/or a hedge to the west of the building.
Agrees with Judy Pruden's suggestion regarding use of the knee braces, as
discussed above.
The mortar and pestal could go under the drive-thru pharmacy inscription.
Place an awning on the west side of the building, which could go to the roof line, to
soften the appearance.
Requests applicants to work with staff to insure that intersection of Hospital Drive
and East Perkins Street is signalized.
Councilmember McCowen inquired if the backlit logo is an essential element.
Mr. Leschin replied the logo represents their corporate trademark. The applicants would
be amenable to toning down the lighting, as requested' by Council.
Councilmember Baldwin inquired whether allowing the tower would set precedence for
the development of future towers on buildings.
City Attorney Rapport stated future developers could argue that if the Walgreens has a
tower they can too.
Councilmember Rodin left the meeting at 10:07 p.m., and returned at 10:09 p.m.
Councilmember Baldwin left the meeting at 10:15 p.m., and returned at 10:17 p.m.
Councilmember Baldwin commented on the project as follows:
Agrees that more modification of the project design is needed.
The wall and
monument sign in the tower are out of context for the area and community, even
though the proposed signage meets the City signage standards.
If all of the trees are retained except for the ones in the driveway on Hospital Drive,
he will accept a mediocre design. Also, allowing such trees to remain would make
the sign on the east elevation less noticeable.
Mayor Ashiku commented on the project as follows:
> The applicants have presented the initial and revised project in good faith. It would
not be fair and/or reasonable to continue asking for the project to be revised.
Walgreens as a retail establishment is not the issue here.
> Favors Councilmember McCowen's suggestion to placing a shed roof on the west
side of the building and its implementation would not be a major structural
component.
Mayor Ashiku inquired whether the project complies with the Ukiah General
goals/objectives/policies.
Regular Ukiah City Council Meeting
June 1,2005
Page 9 of 15
Plan
Mr. Stump replied each of the City Councilmembers may have a different opinion about
the project and whether it fully complies with the Ukiah General Plan standards.
Mayor Ashiku asked the Council if they would support the concept of having no back
lighting and just use neon lighting for the effect.
Councilmember McCowen does not support the back lighting to be neon or illuminated.
Mr. Leschin stated the alternatives would be to allow for background with Iow wattage or
incorporate no background lighting.
It was the consensus of the Councilmembers that the proposed signage is not acceptable.
Councilmembers, Rodin, Crane, McCowen, and Baldwin specifically indicated they do not
support incorporating neon or illuminated lighting for the background lighting. However,
Councilmember Baldwin supports having a single color for the back lighting, and added
that incorporating a three-color scheme is architecturally displeasing.
Councilmember McCowen does not see the relevance for having pharmacy inscriptions
on the north and south elevations.
Major Ashiku did not think it makes a difference.
Mr. Leschin addressed the project comments as follows:
The building size has been reduced.
A monument sign has been proposed for the project.
The applicants would review implementing alternative energy sources.
Incorporating mortar and pestal under the drive-thru pharmacy inscription is a good
idea, and he will consult with the applicants in this regard.
Incorporating an shed roof on the west side of the building is an excellent idea.
However, delivery trucks or other large trucks may have a problem because of
clearance issues.
Incorporating a hedge and a fence to the west side of the property would not be a
problem.
A general discussion followed regarding the design elements, traffic, and signage such as
whether to exclude the logo on the tower element.
M/S McCowen/Crane Upholdinq the Planninq Commission's action subject to the revised
desi.qn of the buildinq and landscapin.q, as proposed and submitted by the applicants and
modified as follows: Applicant to install shed roof to be consistent with the porch roofs, no
si.qna.qe on west elevation of the buildinq, tower Io.qo can be internally lit with subdued
li.qhtinR, coordinate the selection and plantin.q of trees on site with Mendocino Releaf or
other qualified .qroup, consider installinq alternative enerqy, recycle wood from existin.q
buildinqs on the site if feasible, install fence on the west property line consistent with the
markin.qs on the Mayor's site plan.
Regular Ukiah City Council Meeting
June 1,2005
Page 10 of 15
Councilmember McCowen asked that the tower logo have an opaque sign with subdued
lighting.
Councilmember Rodin asked the applicants to plant trees such as Oaks or similar tree
species that would reduce the parking and provide for a shaded park-like area. She further
asked the applicants to plant mature trees to assist the atmosphere.
City Manager Horsley requested that the trees not be small like those in the Wal-Mart
parking lot. She recommended preserving the trees on the north side of the driveway.
Mayor Ashiku stated it would be helpful if the applicants worked with Mendocino Releaf
concerning the tree species. He recommended the applicants save one or two of the
Redwood trees.
Councilmember McCowen recommended at least one additional Redwood tree be
preserved.
Mr. Leschin stated it is likely that two trees could be preserved.
Councilmember Baldwin questioned whether saving one or two trees meets the
ambiance issue and/or sentiments of the audience. He briefly described the situation and
appearance should the trees be removed. He stated the City Council is misreading the
sentiments of the citizens of Ukiah by agreeing to the Site Development Permit application.
Councilmember Rodin asked Councilmember McCowen to amend the above-referenced
motion to preserve a 30-foot wide strip for the trees.
Councilmember McCowen discussed the strip in question, and stated the project would
likely be rendered as unfeasible if such a strip were made a project requirement.
Mr. Leschin confirmed that such a strip would be a "deal killer." The applicant would,
however be agreeable to saving a couple of healthy tree specimens.
Councilmember Rodin asked that the proposed 30-foot wide strip be considered as a
project condition or amend the motion.
Councilmember Crane suggested that the motion be amended to require that the
applicant preserve two or more Redwood trees in consultation with an arborist.
Councilmember McCowen agreed to the change.
Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen,
and Mayor Ashiku. NOES: Councilmembers Rodin and Baldwin. ABSTAIN: None.
ABSENT: None.
Recessed: 10:35 p.m.
Reconvened: 10:40 p.m.
Mayor Ashiku suggested deferring agenda item 9a to the next regular meeting.
Regular Ukiah City Council Meeting
June 1,2005
Page 11 of 15
It was the consensus of the Council to discuss agenda item 10c.
10c. Discussion of Possible Projects for NBC's "Three Wishes" Pro_~ram
City Manager Horsley explained the Mayor has been contacted by a representative of
advising that Ukiah has been selected as a small rural city for NBC's new prime-time
television show entitled, "Three Wishes." Two wishes would be for individuals and/or
families, and one wish would be community oriented.
Laura Bigham stated that nine teenagers have died due drug/alcohol related incidents in
the last 20 months in this community. The Workforce Investment Philanthropy Board
offered a grant to young entrepreneurs desiring to manage a teen nightclub business. The
teens received the grant and have been working with West Company to develop a
business plan and they are now looking for a facility.
Danielle Betty is the treasurer/secretary for the proposed teen nightclub project, and
elaborated on the grant requirements concerning the establishment of a teen nightclub
where drugs and alcohol would not be allowed.
City Manager Horsley recommended writing a presentation that she could forward to Amy
Grant of NBC.
Councilmember McCowen commented that it would be beneficial to feature a story
having a positive aspect that targets young adults that have problems. It may be
compelling to describe the number of deaths due to people experimenting with drugs,
further demonstrating the need to provide an environment having a positive and safe
atmosphere for teens to go to.
Mayor Ashiku recommended creating a list for selection of three grant wishes concerning
the individual, a family and/or the community categories that would be potential nominees
for the granting of wishes.
Councilmember McCowen stated the key element is that the wishes must be compelling
and the proposed project teen nightclub would be an appropriate community category
wish.
Dotty Coplen stated the new Cultural and Recreation Center may be a project to consider
for the community wish category.
9. UNFINISHED BUSINESS
9a. Adoption of Resolution Re~arding Planning Permit Fees
Planning Director Stump explained that at the April 20th regular meeting, the City Council
reviewed and discussed the Planning Permit Processing Cost Recovery Study prepared by
staff, and staff was given direction to prepare a draft resolution. The proposed revised
planning permit fee schedule includes a 100 percent cost recovery approach for Major
Use, Site Development or Variance Permits, a continued 'fflat fee" for minor permits, a 15
percent General Plan Update/Maintenance Fee, and a fee for appeals. He addressed the
City of Petaluma appeal fee process.
Regular Ukiah City Council Meeting
June 1,2005
Page 12 of 15
Dotty Coplen commented it is important for the community to have a voice in
developments where public members can appeal a project.
Becky Thune commented that citizens should be able to appeal a project, and stated a
$25 fee to appeal is more than reasonable.
Judy Pruden inquired as to what constitutes the general public, and whether there would
be exceptions for such persons as Councilmembers or Planning Commissioners.
Councilmember Baldwin agreed that a small fee in the sum of $25 or $50 would be an
appropriate fee for appeals.
Mayor Ashiku stated the fee should be the same for any individual, and there should not
be a distinction made between an appellant and applicant. The fee should be the same for
both individuals.
Councilmember McCowen stated a nominal appeal fee for the public would be
appropriate.
Mr. Stump reiterated that a person has to attend a meeting in order to appeal a decision.
Councilmember Baldwin inquired whether this appeal requirement applies to City
Councilmembers.
City Attorney Rapport stated that there is a separate section in the City Code that allows
Councilmembers to file appeals and it does require them to participate.
City Manager Horsley reiterated that this City Code section was revised to ensure that
there is a time period in which to appeal.
Mr. Stump proposed that one solution may be that for additions to single family residences
the surcharge be less than 15 percent because such a project would not have as large an
impact on the community as a commercial retail establishment.
Councilmember McCowen commented that General Plan issues would be impacted by
projects that provide space for additional population, whereas a kitchen remodel or other
project that does not provide additional space would not. Providing for additional bedrooms
or second units would likely require a General Plan update/maintenance fee because they
have General Plan implications concerning population, circulation, and/or other related
development issues.
Mr. Stump clarified that the proposed 15 percent surcharge for General Plan
maintenance/updates in the case of residential projects would apply to situations where
space is being added to an existing unit.
Mr. Stump addressed the issue of implementing a sense of fairness, and stated if the fee
were $50 no matter who appeals, this would essentially cover the cost of the public notice
Regular Ukiah City Council Meeting
June 1,2005
Page 13 of 15
process. All other costs would be funded from the "General Fund." The actual cost to the
City Planning Department to file an appeal varies.
Councilmember McCowen commented on the cost for zoning/planning research, and
stated the proposal concerns hourly rates at two levels. Level I is $50 and level 2 is $100.
He inquired as to the circumstances that would trigger research and whether this would be
at the request of an applicant or if an application comes in and staff is not familiar enough
with some aspect of it that they have to conduct research.
Mr. Stump stated research is conducted at the applicant's request, which is typically some
aspect of a project that is unusual, or if research is necessary as part of the application.
Councilmember McCowen stated planning department project costs associated with
certain affordable housing should have a different fee schedule scenario. The fee should
be the same for most types of these planning project costs, except for those directed
toward an identified group in need, such as seniors, the homeless, or the mentally ill.
Mr. Stump stated lower fees for affordable housing projects serve as an incentive, and
when the State certifies the Housing Element for a particular jurisdiction, it strongly favors
this approach.
Mr. Stump stated the cost to update the Plan is likely $300,000 over time, where staff
projects that $126,000 of the cost would be generated from the fees charged. The
remaining balance would be paid by the public from the "General Fund."
Council agreed that a $100 deposit and 100 percent full cost recovery should be charged
for an applicant filing an appeal, that $100 should be the cost to the appellant to file an
appeal with no cost to the applicant, that any research would be100 percent full cost
recovery, that a 15 percent surcharge of the total cost of a Building Permit should be
implemented, that affordable housing projects would pay 80 percent of full cost recovery
for General Plan update/maintenance, and that Iow-income housing projects involving
groups in need would pay 60 percent of full cost recovery for General Plan
update/maintenance.
The Council supported staff's recommendations of the proposed Resolution, and as
agreed above.
M/S McCowen/Crane adopting Resolution 2005- establishing updated Planning Permit
Fees pursuant to City Adoption Ordinance 880; carried by the following roll call vote:
AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES:
None. ABSTAIN: None. ABSENT: None.
10.
lOa.
NEW BUSINESS
Consideration and Possible Action Concernin.q Feasibility Study Agreement
Between Mendocino County Inland Water & Power Commission and Army
Cord of Enqineers
Regular Ukiah City Council Meeting
June 1,2005
Page 14 of 15
City Attorney Rapport stated the staff report adequately addresses this matter relevant to
the current status for an agreement proposed by the Army Corp of Engineers for sharing
the cost of studying the feasibility of raising the height of the dam at Lake Mendocino. He
did not have the necessary information as to which agency would be responsible to clean
up any contamination, and which agency is responsible for formulating and incurring the
cost of a response. Some of the contract conditions pertain to how the agreement would
be legally enforced should a dispute arise. Other relevant contract issues such as
potential risk and the cost of a response plan must be clearly defined and addressed prior
to contract execution.
City Attorney Rapport would not advise executing the contract, as written.
It was the consensus of the Council to direct the City Attorney to conduct further
research in this regard.
10b. Discussion of Utilizing the Fifth Wednesday of the Month for Proclamations
and Informational Items - Councilmember McCowen
Councilmember McCowen suggested utilizing the fifth Wednesday of the month to
consider proclamations, informational items and general discussion items rather than
including them at the regular bi-weekly City Council meetings. Another suggestion would
be to have the regular meeting begin at 6:00 p.m., rather than 6:30 p.m.
The City Council discussed these options, but postponed a decision.
11. COUNCIL REPORTS
Councilmember Crane recently attended a Northern California Power Authority meeting
in Lodi. Some of the topics of discussion included equipment failures, funding, personnel
problems and legislative activities by lobbyists.
Councilmember Rodin reported that she attended an Economic Development Finance
Corporation (EDFC) meeting and they have money available to loan.
Mayor Ashiku reported attending a meeting with the City Council/Supervisors committee
including City Manager Horsley and the County Executive Officer, John Ball.
11. CITY MANGER/CITY CLERK REPORTS
City Manager Horsley stated she will serve at a pancake breakfast this weekend to
support the ballot measure and encouraged Council participation.
12. CLOSED SESSION
None.
13. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 12:13 p.m.
Marie Ulvila, City Clerk
Cathy/E~anscriptionist
Regular Ukiah City Council Meeting
June 1,2005
Page 15 of 15