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HomeMy WebLinkAbouttecp_081297TRAP'"C ENGINEERING COM1~'"TTEE UKIAH CIVIC CENTER 300 Seminary Avenue, Conference Room 3 Ukiah, California 95482 AUGUST 12, 1997 3:00 P.M. AGENDA KENNEDY, DEWEY, FERNANDEZ, HARRIS LOONEY, ROBERTS, SAWYER AND TURNER I. CALL TO ORDER II. APPROVAL OF MINUTES: JULY 8, 1997 III. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The Traffic Engineering Committee welcomes input from the audience. In order for everyone to be heazd, please limit your comments to three (3) minutes per person and not more than 10 minutes per subject. The Brown Act regulations do not allow action to be taken on non-agenda items. IV. DISCUSSION/ACTION ITEMS: a. Request for Approval of One Permanent Bus Stop Located in Front of the Holy Trinity Episcopal Church, 640 South Orchard Avenue -Steve Turner, MTA b. Discussion of recent Traffic Accidents, and Request for appropriate Street Signage at the intersection of Commerce Drive and Airport Park Boulevard - Sergeant Chris Dewey, Ukiah Police Department c. Discussion of Ordinance Amending Ukiah City Code Sections Regarding Vehicle Abatement -Rick Kennedy, Director of Public Works/City Engineer OLD BUSINESS None. V. COMMITTEE MEMBER REPORTS VI. MISCELLANEOUS ITEMS VII. ADJOURNMENT Please call Kathy Kinch at 463-6214 if you are unable to attend the meeting. R:1\TEC A081291 MINUTES TRAFFIC ENGINEERING COMMITTEE July 8, 1997 MEMBERS PRESENT Mike Harris, Assistant City Manager Rick Kennedy, City Engineer Jim Looney, Public Works Superintendent Donna Roberts, Public Member Bob Sawyer, Planning Director Steve Tumer, Mendocino Transit Authority MEMBERS ABSENT Chris Dewey, Vice-Chairman William Femandez, Chairman None STAFF PRESENT Marge Giuntoli, Recording Secretary Charles Stump, Senior Planner It was the consensus of the group that due to the absence of Chairman Femandez and Vice- Chairman Dewey, Member Turner would conduct the meeting. The Traffic Engineering Committee was called to order by Acting Chairman Steve Turner at 3:07 p.m. in Conference Room 3, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. Roll was taken with the results listed above. II. APPROVAL OF MINUTES -June 10, 1997 ON A MOTION by Member Hams, seconded by Member Looney, it was carried by an all AYE voice vote of the members present to approve the minutes of June 10, 1997 as submitted. III. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. IV. DISCUSSION/ACTION ITEMS NEW BUSINESS a. Request for Approval of One Permanent Bus Stop Located in Front of the Holy Trinity Episcopal Church. 640 South Orchard Avenue -Steve Turner. Mendocino Transit Authority (MTAI Acting Chairman Turner requested this item be continued to the next meeting since he was still conducting research on the matter. It was the consensus of the Committee to grant Mr. Turner's request. b. Request For Approval of a Permanent Bus Stoa on the South Side of Commerce Drive. West of the Driveway Entrance to La-Z-Boy Furniture Store -Steve Turner. MTA Minutes of the Traffic Engineering Committee July S, 1997 Page 1 Acting Chairman Turner stated he had been unsuccessful in his attempts to secure Wal-Mares approval for construction of a sidewalk to accommodate a bus stop to their store. However, the owner of the property which includes the La-Z-Boy Furniture Store has agreed to allow a bus stop approximately 40 feet from the existing La-Z-Boy store driveway, with the improvements to be paid by MTA, thus providing hourly service to the shopping center of approximately nine trips each direction during weekdays. Discussion followed regarding the placement of ramps, a possible mid-block crosswalk on Commerce Drive linking Wal-Mart and La-Z-Boy Fumiture Store, and wheelchair access to the proposed bus stop. Further discussion followed relative to the bus stop location at Wal-Mart as proposed in their original design plans, wherein it was noted that buses stopping in front of the store would cause a safety hazard, but that they could stop at the driveway by the auto service center for entrance through that door. Member Sawyer inquired regarding the passenger demand, and whether Mr. Turner had consulted with anyone at Wal-Mart other than Store Manager Jesse Perez, who probably did not have the authority to make site development decisions. Acting Chairman Turner replied there would be passengers traveling to and from the shopping center on every scheduled trip, and that the proposed service would very likely create ridership. He further replied that Mr. Perez had been his only contact regarding the sidewalk improvements for the bus stop; he had not consulted the Wal-Mart corporate offices since it was his intention to construct the bus stop as soon as possible and the La-Z-Boy location was immediately available. A MOTION was made by Member Kennedy, seconded by Member Harris, to approve a bus stop location on the south side of Commerce Drive west of the entrance to Laz-Z-Boy Furniture Store with the understanding that MTA will pay for the ramp that is needed, in addition to the staging area for the wheelchair area, without the painted crosswalk. Discussion followed regarding the wheelchair ramp. Member Looney stated he thought the proposed bus stop was at the wrong location for passenger loading. The motion carried by the following roll call vote AYES: Members Kennedy, Harris, and Roberts. NOES: Members Looney and Sawyer. ABSTAIN: Acting Chairman Tumer. ABSENT: Vice-Chairman Dewey and Chairman Fernandez. c. Request for Approval of Mid-block Crosswalk on Commerce Drive Linking Wal- Martand La-Z-Boy Fumiture Store -Rick Kennedy. Director of Public Works/City Engineer ON A MOTION by Member Kennedy, seconded by Member Hams, it was carried by an all AYE voice Minutes of the Traffic Engineering Committee July 8, 1997 Page 2 vote of the members present that given the unique circumstances of this portion of Commerce Drive and the lack of sidewalks and access around this project, the Traffic Engineering Committee approve a standard crosswalk only if Wal-Mart pays for the ramp and sidewalk on the north end of the crosswalk. Member Kennedy stated that marked crosswalks are warranted when there is a need to direct people across a specific location, in this case to accommodate the pedestrian thoroughfare. Senior Planner Stump clarified that it was inherent in the motion to direct staff to request that Wal- Mart construct these improvements, and if they do not agree, then the idea of the crosswalk will be disregarded. Acting Chairman Tumer commented that he will delay the construction of the bus stop near La-Z- Boy if Mr. Stump will contact Wal-Mart to determine if they would prefer the bus stop be located on their side of the street, which has already been approved by the Committee contingent upon Wal- Mart constructing the 20 foot sidewalk. d. Consideration of "No Parking" Limits to be Placed on Clara Street Near Orchard Avenue in the New Traffic Calming_Construction area -Rick Kennedy. Director of Public Works/City Engineer Member Kennedy advised that the Traffic Engineering Committee had previously approved the traffic calming measures in this area, and noted that part of the Kmart project was a condition to install a meandering curb and gutter on the south side of Clara Street just west of Orchard Avenue. It is necessary that parking be restricted since the intersection has been necked down; it appears this would impact only one residence. ON A MOTION by Member Hams, seconded by Member Sawyer, it was carried by an all AYE voice vote of the members present to recommend to the City Council that "No Parking" limits be placed on Clara Street near Orchard Avenue in the new traffic calming construction area. e. Consideration of "No Parkins" Limts to be Placed on Ford Street Near Orchard Avenue Near Proposed Median Island -Rick Kennedy. Director of Public Works/City Engineer Member Kennedy explained the rationale for the request and that it was related to the traffic calming project. ON A MOTION by Member Hams, seconded by Member Looney, it was carried by an all AYE voice vote of the members present to recommend to the City Council that "No Parking" limits be placed on Ford Street near Orchard Avenue near the proposed median island. Member Hams recommended that the property owners affected by the above two items be notified of the time and date the items will appear on the City Council agenda. OLD BUSINESS None. Minutes of the Traffic Engineering Committee July 8, 1997 Page 3 V. COMMITTEE MEMBER REPORTS Acting Chairman Turner reported on the Greyhound bus stop at the airport, and noted that MTA has been selling tickets on a percentage basis for Greyhound since June 2. He further reported that summer ridership is up 33% from last year, and that the recently purchased trolley had been at Ft. Bragg for the Salmon Bake on the 4th of July weekend, and was available for charters. VI. MISCELLANEOUS ITEMS None. VII. ADJOURNMENT ON A MOTION by Member Kennedy, seconded by Member Hams, it was canied by an all AYE voice vote of the members present to adjourn the meeting. There being no further business, the meeting adjourned at 4:00 p.m. ~Z,~--_ Steve rner, Acting Chairman Ma a Giu toli, Rec rding Secretary b:meg\tec70897.min Minutes of the Traffic Engineering Committee July 8, 1997 Page 4 Meeting: Date: City of Ukiah ~, _ ti OLINTARY SIGN-Ii T SHEET (Please Prini) ITEM ~. 9a DATE: Julv 2, 1997 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF ORDINANCE AMENDING UKIAH CITY CODE SECTIONS REGARDING VEHICLE ABATEMENT The City Council recently heard an appeal from a citizen who had received a Notice of Intention to Abate an Abandoned Vehicle on his property. Even though the individual had received the Notice and also had several discussions with staff regarding the reason for the appeal and what possible outcomes could result from that appeal, the process appeared to be confusing and too formalized for the issues being discussed. Staff also received a letter (attached) from Mr. Eric Larson offering some comments and suggestions on revisions to the Vehicle Abatement Ordinance. Staff met to discuss the appeals process for abatement of abandoned vehicles and reviewed the past history of these appeals. Very few hearings have been heard in the City in the last ten years. With the issues being more technical, a dialogue between the Appeals Board and the citizen seems appropriate. Staff is, therefore, recommending that the Traffic Engineering Committee be the most appropriate body to hear these appeals as they deal with these types of issues throughout the year and have representatives on the committee from various agencies and public representation that would provide a wide spectrum of expertise and public contact. Also attached to this report is a memo from City Attorney Dave Rapport and the recommended revised ordinance, which provides for the Traffic Engineering Committee to hear appeals from a "Notice of Intent to Remove Abandoned Vehicles from Private Property." Staff is recommending Council's approval of the ordinance. RECOMMENDED ACTION: Council introduce Vehicle Abatement Ordinance by title only, and then introduce ordinance. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Council determine modifications to ordinance are necessary prior to introduction. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: N/A Prepared by: Candace Horsley, City Manager Attachments: 1. Memorandum, dated June 23, 1997, from David Rapport 2. Ordinance for introduction 3. Letter, dated 5/26/95, from Eric Larson APPROVED , Candace Horsley, City anager UCsn.ASAA6tle.Veh ORDINANCE NO. 993 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTIONS 7602, 7610 AND 7611 OF THE UKIAH CITY CODE PROVIDING FOR A HEARING BEFORE THE TRAFFIC ENGINEERING COMMITTEE ON APPEAL FROM A NOTICE OF INTENT TO REMOVE ABANDONED VEHICLE FROM PRIVATE PROPERTY The City Council of the City of Ukiah hereby ordains as follows. Section One. Sections 7602, 7610 and 7611 of the Ukiah City Code are hereby amended to read as follows: §7602: DEFINITIONS: Except where the context otherwise required, the definitions given in this Section govern the construction of this Ordinance; A. The term "vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. B. The term "highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street. C. The term "public property" does not include highway D. The term "owner of the land" means the owner of the land on which the vehicle or parts thereof is located, as shown on the last equalized assessment roll. E. The term "owner of the vehicle" means the last registered owner and legal owner of record. (Ord. 617, §1, adopted 1971.} F. The term "Traffic Engineering Committee" means the Traffic Engineer for the City of Ukiah as established in Section 7030, which is a committee consisting of the City Engineer, City Manager, Chief of Police, City Attorney, Supervisor of Public Works, or their duly appointed representatives or any revised or successor committee established by the City Code. §7610: REQUEST FOR HEARING; HEARING UNNECESSARY: Upon request by the owner of the vehicle or owner of the land received by the City Clerk or her designated representative within ten (10) days after the mailing of the notices of intention to abate and Ordinance 993 Page 1 of 3 remove, a public hearing shall be held by the Traffic Engineering Committee on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten (10) day period, said statement shall be construed as a request for hearing which does not require his presence. Notice of the hearing shall be mailed, at least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within said ten (10) days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. {Ord. 617, §1, adopted 1971.) §7611: HEARING: All hearings under this Ordinance shall be held before the Traffic Engineering Committee which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said private property or public property. The Traffic Engineering Committee shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. The Traffic Engineering Committee may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this Municipal code Chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the Traffic Engineering Committee may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site. If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the Traffic Engineering Committee shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land. If the owner of the ordinance 993 Page 2 of 3 land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, he shall be notified, in writing, of the decision. (Ord. 617, §1, adopted 1971.) Section Two. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Ukiah hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section Three. This ordinance shall be published as required by law and shall become effective thirty days after its adoption. Introduced by title only on July 2, 1997, by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSENT: None. Adopted on July 16, 1997, by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSENT: Councilmember Chavez. ATTEST: l~%e'G'~ .le~dr~-~ C Ileen B. Henderson, City Clerk ~n Ordinance 993 Page 3 of 3