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Home My WebLink About2004-03-03 PacketMEMO Agenda Item: 4a TO: FROM: Honorable Mayor and City Councilmembers Deputy City Clerk Marie Ulvila ,~.x~<r~.~. SUBJECT: City Council Minutes: Regular Meeting of February 4, 2004 DATE: March 2, 2004 Attached please find an amended copy of the Draft minutes of the February 4, 2004 City Council meeting. Corrections have been made to pages 3 and 4, item 8b concerning the CDBG Public Hearing, as well as the footer of the document numbering the pages to 12 instead of 11. I have been informed that CDBG requires certain information be included in the minutes, therefore the first two paragraphs under this title have been amended. Memos: CC030304 - minutes MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, FEBRUARY 4, 2004 Inserted: AMENDED - PAGES 3-4 The Ukiah City Council met at a Regular Meeting on February 4, 2004, 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: Rodin, Andersen, Smith, Bah Iwin, and Mayor Larson. Staff present: Administrative Analyst Burck, Comr Services Director DeKnoblough, Risk Manager/Budget Officer Harris, Cil er Horsley, Interim Public Utilities Director Kennedy, City Attorney Community Services Supervisor Sangiacomo, Public Works Director Steel Director Stump, Police Chief Williams, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Ukiah Police Chief Williams led the 3. PRESENTATION 3a. Presentation Re Develop A Trans-Modal Jim Mastin, former Mayor of the Authority (MTA), provided a historic modal center at the North Rail The transit center wo Their vision wasn't docino T~ Past Efforts To and lan of the Mendocino Transit to develop a trans- site off of Perkins Street. and passenger rail. ad road bl >cks. Bruce Richard, the site including egress deci of MTA the site wot more technical information about He discussed ingress and ems. It was estimated that the cost to be $1 million. Finally, the MTA Board Sher Malone roi( transit because it for the depot property on Perkins Street as a located and publicly owned property. 4. APPR~ 4a. Re ular ;cember 17. 2003 Councilmember noted that the last sentence in the second paragraph on page 9 should read as "While in Washington, they will be meeting with Diane Feinstein and he will take that opportunity to extend the City's appreciation and thanks for her including the City." Mayor Larson noted that the last sentence in the second to last paragraph on page 7 should read as follows, "She noted the hard work of the Mayor and Councilmember Smith, as well as Senator Feinstein." Councilmember Andersen noted that the vote in the second motion on page 3 should reflect that he was absent from the meeting. , .................................... -(Inserl:ed.' Add page 12 Regular City Council Meeting February 4, 2004 Page 1 of -1-2- I ~_ ................................................................... . .... ~* -I Inserted: AMENDED- PAGES 3-4 M/S Baldwin/Andersen approving the Special Meeting Minutes of December 17, 2003, as corrected, and carried by unanimous consent. 5. RIGHT TO APPEAL Mayor Larson read the appeal process. 6. CONSENT CALENDAR M/S Andersen/Smith approving items "a" through "c" of follows: a. Adopted Resolution 2004-18 Approving Matching Funds To Federal Aviation Administl 06/07; b. Awarded Purchase Of Liquid Of $7,500; c. Awarded Purchase Of Liquid Poi Amount Of $13,500. Calendar as uest To Caltrans For No. 3-06-0268- To Polydy c. In The Amount To Polyd! Inc. In The Motion carried by the following roi Smith, Baldwin, and Mayor 7. AUDIENCE COMMENTS ON N( Mayor Larson the Ci vote: ~: None. ncilmembers Rodin, Andersen, None. televised live. James Mulheren annexation in arovide in the of Ukiah and encouraged ng for the community. Martin Bradley, 62 Internatio Uzbek he will be going to Maryland to visit the d correspondence from an enterprise in that he was asked to deliver to the Mayor of Ukiah. for c¢ the wit to their gra Conservation Corp, thanked City Councilmembers y. He presented video tapes to the Council of Mayor graduation. lat he and Councilmember Rodin attended the Corps 8. PUBLIC ~ (6:45 P.M.) 8a. Adoption of Resolution EstablishincI Traffic Impact Fees For the DANCO Summercreek Villaae Apartment Complex Proiect Planning Director Stump reported that on July 23, 2002, the City Planning Commission conditionally approved the Danco Summercreek Village apartment complex project on Gobbi Street. Under condition number 24 of the approved Site Development Permit, Danco agreed to contribute to off-site capital improvement funds to pay for road and intersection improvements necessary to mitigate traffic impacts. On November 14, 2002, Danco formally entered into an Agreement with the City to pay the fees once they were established by the Council's ,s_u_b_s_egu_ e_n_t_a_d_o_p_ti_o_n_ _of_ _a_R_e_s_o_lu_t_io_n_._ ....... { Tnserted: Add page 12 Regular City Council Meeting February 4, 2004 Page 2 of -1-2 He recommended that Council formally establish the fees via the adoption of a Resolution. He discussed the traffic study for Gobbi Street and how the fees were determined. Inserted: AMENDED - PAGES 3-4 Public Hearing Opened: 6:58 p.m. Sheridan Malone advised that he has owned a business on South Main Street since 1977 and opposed installation of a traffic light at the intersection of South Main and Gobbi Streets because it will cause cars to back up. City Manager Horsley advised that a traffic study is b various intersections. Staff will notify him when the ;rformed and it considers ~lete. Public Hearing Closed: 7:02 p.m. M/S Rodin/Smith adopting Resolution (Traffic) Fees for the Danco by the following roll call vote: AYES: and Mayor Larson. NOES: None. TAIN: 19 estab ishing Complex carried l, Andersen, Smith, Baldwin, SENT: None. 8. PUBLIC HEARING P.M 8b.Ado of ~olution A )lication Commu Risk Mana I Grant hearings Revolving Loan Fu for an the se( infof available fe sin( ;diction undE the Pr~ com Grou encompasses median and 5) eligible activities included Housinq, new construction Community Facilities and Public Services, and Public Works. Block Grant Of Mendocino _cl Loan Fund that the ;ommunity Development Block regulations require two public using Acquisition and Security Deposit information and requests desiqn input The hearin~ this evenincl is must address again the general ram facts for the current CDBG funding cycle: 1) $27 000 is the maximum award for an' and Economic Development components of is the maximum per application per year for either for must benefit persons in the Targeted Income Housin( and which )r families with income levels of very Iow (30-50% of County median), and moderate (81-120% of County median); and rehabilitation, The Community Development Commission (CDC) is proposing that the major portion of the grant be to secure loans for eligible families to purchase single family homes within the city limits of Ukiah. The other portion of the grant will be to set up a revolving loan program for first and last month's rent for eligible families. It is his belief that ~b!t !s h!s be~ief-t~at-°thl ..0f.. t.h.e.s.e..prgg .r_~r~ .s. ?.!!!...s!gn.!f!.c.a_n.tly..a.s...s!..s.t ..t.h...e.. !.o...c..a! .hgB~i.ng...sit.ua..ti.0_n:. ........................ ("~mme,t: Capitalize "Both" , ............................. .- .-' -' 'f Inserted: Add page 12 Regular City Council Meeting February 4, 2004 Page 3 of 4-2- ~. ........................... -* ~ Inserted: AMENDED - PAGES 3-4 Todd Crabtree, Acting Project Manager, discussed the proposal and advised that CDC is projecting 23 ~eople or.; families would be assisted ~with the Revolvin,(:[ Fund ~tnd ........ I comment: Delete people or ~approximatel~ six or seve~- ~n~i~- ~v~J[d- -b-e- -a-s~-s~d -~ith d~ -pa~t-s~ - I:t~ ....... 1' c.~mme,t.' Add w~h the Revolving discussed rest~i~i~ ~¢n~r~c~ -s~fli-n~l-t-h-e-i~r~-~r~ ~f 't-h~ '~v~r: ~v~(~ t(~ -s~il *~i~l~i~-' -.. ~ Fund 10 years, they would have to sell the home back to CDC." "~Comment: Delete approximately the Community Development Block Grant (CDBG) regu require two public hearings regarding the Mendocino County Housing Acq and Security Deposit Revolving Loan Fund. The Community Development ;sion (CDC) is proposing that the major portion of the grant be to secure loaf e families to purchase single family homes within the city limits of Ukiah. of the grant will be to set up a revolving loan program for first and rent ible families. It is his belief that both of these programs will si( V assist the ;ing situation. Todd Crabtree, Acting Project Manager, is projecting 23 ~eople or ~families would I: ~approximatel~ six or seven- ~r~J - ~- ~v~d- -b~ discussed restrictions concernin~i --t~---- 10 years, they would have to sell ti to C and ad that CDC :h the Revolvin,q Fund ~nd ..... i! CoITIIllellt: Delete people or Witl~ d~Wn p~e~t-s~ - I:l~-: .... Comment: Add with the Revolving if th~' (~v~(~ {N~ t(~-s~l-~i~l~i~-' '..[ Fund "'{ Comment.' Delete approximately Public Hearing Opened: No one came forward. Public Hearing CI~ p.m. M/S Baldwin contract execution Communi of a pu Ro ~ndersen, AB~ None. Resolul 2004-20, approving an application and ¢Native American allocation of the State Program and authorizing the execution amendmenl thereto with the State of California for the y the following roll call vote: AYES: Councilmembers tnd Mayor Larson. NOES: None. ABSTAIN: None. 9. UNFIN BUSIN 9a. Discussi ht Pollution In The Ukiah Valley Planning Dire, advised that Staff and the Planning Commission have been responding to thi., during the review and approval of development projects, and have been conducting research on methods used to limit and soften the impacts of lighting. The main focus that the Planning Commission requires is that the light be downcast and shielded and that it doesn't shine skyward. He discussed how some businesses unnecessarily use excess lighting and that it's an ongoing educational process for staff. Councilmember Baldwin discussed menacing quad lights and expressed concern that it becomes difficult for people to look at the stars from back yards due to excessive lighting in the City. He went on to discuss new lighting technology, noting that the City's · .................................. -* .{ Inserted: Add page 12 Regular City Council Meeting February 4, 2004 Page 4 of -1-2 I , ..................................................................... . .... -~Inserted= AMENDED - PAGES 3-4 street lights are too powerful, and residential flood lights invade other neighbors yards or homes. Interim Public Utilities Director Kennedy discussed the City's street lights and cited the difference between Iow sodium lighting and high pressure lighting. 7:32 p.m. - Matter opened to the public. Susan Knopp, 460 Todd, was of the opinion that the lights in order to improve visibility as well as safety and se, of lights intruding into neighbors homes and provided of lighting and recommended the use of fully recommended that the street lights be quieter and improve its street She spoke to the issue of various types lighting. She also they waste energy. Dennis Slotta, a member of the Ukiah Astr( presentation concerning lighting in Ukiah. light review board to assist in the develo iai Society, a Power Point ~commen¢ the an interim Sheridan Malone discussed the Ii that shine into residences. He would provide a softer light. ting at the raiS City Hall and pole street lights e light about 10 feet so that it Phyllis Webb, W. on each block and Dorie Kramer, 1 the lighting in U City to take action Vishm acti~ was ~ht. Ro concel too many street lights its, stated that she sees the sky glow from ith illuminated billboards and wanted the lights. of Ukia 'and discussed being able to view night sky email to the Mayor recently voicing his concerns. Bruc importa~ designed. using col Ukiah Chamber of Commerce, stressed the Ionsense when dealing with lights as some are poorly Mayor Larson Ruth Van Anthw he received an email today addressed to the Council from he read aloud. Councilmember Rodin made the suggestion that staff could write letters to businesses using bright lighting and suggest that they consider changing their lighting fixtures. It would be important to provide them with some examples of various lighting techniques. Councilmember Andersen stated that he suffers from street lighting coming into his bedroom at night. He recommended staff explore outdoor lighting and how it may impact residents. He was supportive of staff continuing to research the matter of lighting and to return to the City Council with further information concerning outdoor lighting and street lights in the City. , ..................................... -( Inserted-" Add page 12 Regular City Council Meeting February 4, 2004 Page 5 of -1-2 ..................................................................... · ** -* "I Inserted: AMENDED - PAGES 3-4 Councilmember Smith stated that he is pleased with the direction that the Planning Commission is taking with regard to lighting and he encouraged planning staff and the Planning Commission to continue looking into the matter of street lighting. Councilmember Baldwin discussed the Good Neighbor Policy and felt the City should combine a noise and lighting pollution ordinance. He suggested that the Planning Commission review lighting ordinances from other communities and return to Council with their findings within six months. Mayor Larson concurred with the views of the oth~ ncilmembers in that the Planning Commission needs to continue its review He stated that he would welcome an informal City sponsore, ~at would provide recommendations to the City Council with to areas City that need attention. He noted that education is very im :. Recessed: 8:40 p.m. Reconvened: 8:50 p.m. 10. NEW BUSINESS 10a. Discussion And Possible And Deficit And City Manager 2004-2005 financial p year budget amen, Stadium, and cl~ approved, it measure is passe~ Anton im ~ssed Financial Projections et Amendment projections for fiscal year and also the annual mid- closure of the City pool facility, Anton If all three recommendations are $109,0~ the General Fund. If the March ballot closure of the swimming pool and .'tion measures that would have to be sessions d e to the million dollar budget deficit that is cost-cutting measures. Risk ~ger/Budget as note( e Staff Rel: discussed annual mid-year budget amendments Considerable had concerning Staff's analysis of the state's impacts to the City's rave Topics discussed included PERS increases, MOU increases, loss :onomy and interest revenue, as well as the property tax ERAF shift. There was extensive discussion concerning the possible closures of Anton Stadium and the swimming pool. Some consideration was made with regard to increasing the fees at the pool, however, it was noted by Staff that the fees would have to triple for the pool to function out of the red. Community Services Director DeKnoblough discussed the Golf Course facilities and its fee schedule. He noted that the pool fees were increased last year. Community Services Supervisor Sangiacomo advised that since the pool fees were increased last year, a full season has not transpir,e_d_in_ _o_rd_e_r_t_o_determine any affect on ...... ~Inserted-' Add page 12 Regular City Council Meeting ..................... February 4, 2004 Page 6 of -1-2 ,~ ..................................................................... ... -- ~ Inserted: AMENDED - PAGES 3-4 the pool usage. He noted that swim lessons generate the largest revenue. He continued to discuss staffing costs during public swim sessions and general maintenance and utility costs at facilities. City Attorney Rapport discussed the cost of operating the Enterprise Fund and the affect of Proposition 218, as well as other legal issues concerning charging fees. City Manger Horsley discussed the analysis of the City's financial projections and how staff arrived at its conclusion for the three recommendatiom noted that a hiring freeze for City personnel has been instituted. She stresse to look at the total picture. Mayor Larson stated that the City is currentl, proposed recommendations by Staff cover museum is $200,000 and then all that's left committed to not having to cut personnel voters don't approve the ballot measure in worse case scenario. He voiced his apprec Council in making decisions. million deficit. The the cuts ty is facing. The ionnel to cut. H ,ised that he is assur( ~ublic uate. If ~.Council will to face a of City Staff to assist Jim Mulheren voiced his support the pool facilities. of Safari Day Camp and Councilmember of the City's facilities may be next meeting to for public comment ore time local media and the public ~ation. Alt gh closing any of the City's matter should be addressed at Council's e educated on the situation and to allow If m~ should be (MO needs creativ( to accomp that I- is not supportive of closing these facilities. closing the museum rather than the pool because the for itself. With Memorandum of Understandings of furloughs, noting that there could be furloughs. He noted the need for public input. It was the ce Anton Stadium staff to educate Friday. le Council to hold off on the closure of the City pool and ~r analysis has been completed. Council further instructed lic and begin arrangements for closure of City Hall every other M/S Rodin/Andersen receiving report regarding 2004/05 projections and approving Mid Year Amendment to the 2003/04 Budget as specified in the 2003/04 Mid Year Budget Amendment-Summary of Transactions, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 10. 10b. NEW BUSINESS Discussion And Review Of City Goals An.d_ _A_c_c_o_m_ _pl_i_s_h_m_e_n_t_s .................... ~[ Inserl~l: Add page 12 Regular City Council Meeting February 4, 2004 Page 7 of -1-2- · _ ..................................................................... ... -* .-[' Inserted: AMENDED - PAGES 3-4 City Manager Horsley advised that included with the Staff Report is a matrix of the adopted Budget Objectives and statements identifying what has or is being done regarding each of them. The City Council had previously discussed the possibility of developing a separate list of goals from that of the Council-approved goals and objectives for each department. Mayor Larson was of the opinion that with a hiring freeze and limited personnel, other staff members have had an increased work load. He discussed MCOG funding and that STIP funds may be held to the year 2008. Public Works Director Steele advised that the Street workers instead of nine and under good conditions Their ability to perform street maintenance and due to frozen positions and there will be a comp from currently had seven paving projects. e severely impacted funding. It was the consensus of Council that ea goals for the City and that Council would ber should rise a list of to discuss tt 10. NEW BUSINESS 10c. Report Of Ukiah Pertainin~ To The Pro Interim Public Utilities Director Valley Sanitation District connection fee that treatment plant. H~ February 19th, cer, accomplish all and 444 are commi~ built, whi, and that City's strict) p Districl Of January 28, 2004 To Th, Connection Fee taken by the Ukiah increase to the sewer increase to the wastewater the District would like staff to provide by City staff would not be able to explain hat staff has identified 920 connections are to last the City until the plant is 271 are for long term projects balance is within the Sanitation District. He suggested ~ the balance for City projects. He went on to discuss could be amended. DJ: wi with sewer lections ard to the Rogina Heights area and that to supply them require annexation into the Sanitation District. Mayor Larson meeting concernin ided a Closed Session item be scheduled for the next Council City's legal options with regard to the District. Director Kennedy explained that staff has been receiving many requests to connect "main extensions" at the lower fee and it is becoming more difficult for staff. He has asked the consultants what additional connections would cost. He continued to discuss the District and City's share of costs. 10. 10d. NEW BUSINESS AI313roval Of Budoet Amendment Of $52,800 To City Of Ukiah Wastewater Treatment Plant Improvement Project For Additional Costs To Secure Grant Fundin¢i , ..................................... -~ Inserted: Add page 12 Regular City Council Meeting February 4, 2004 Page 8 of -1-2- Project Engineer/Manager Burck advised that Brown and Caldwell's original fee budget with sub consultant Reed Smith to provide assistance in securing grant funding for the Wastewater Treatment Plant (WWTP) Improvement Project is close to exhaustion. Reed Smith has submitted an amendment to their original scope of work to provide additional grant funding assistance. The new work is $52,800, which includes $48,000 for Reed Smith and $4,800 for Brown and Caldwell's sub consultant administrative costs. M/S Baldwin/Smith approving amendment to 2003 expenditures in Account #611-7410-800-000 by $52,80 additional services to secure grant funding for the Improvement Project, carried by the following roll Rodin, Andersen, Smith, Baldwin, and Mayor ABSENT: None. budget to increase feed Smith to provide Treatment Plant Councilmembers ABSTAIN: None. 10. NEW BUSINESS 10e. Approval Of Road Improvement Ukiah And Mendocino County City Manager Horsley advised th~ the draft meetings between City Staff and itaff to constructing the Orchard Avenue Avenue to Brush Street. City Att~ discussions. ;ment Be Of t has been developed through the environmental impacts of ;ek and extending Orchard an integral part of these City Attorney concerns env~ro~ discussed key in the Staff Report. those co,, Agree adopt of the agreement with the County aspe, s with construction of the bridge. He in the and potential impacts, as outlined ;OG study area which would apportion ~ssues. He discussed the section of the jurisdiction 1 e right to approve a project and how each explained that this Agreement does not obligate the ~ts fees. Discuss ~llowed ard to the following matters: potential projects south of the Orchard ding for infrastructure improvements, capital improvement fees, a traff Jdy, MCOG's study and the EIR as separate documents, construction of reek Bridge, major impacts to specific intersections within the City and how the ~ment allows both parties to take into consideration other factors that may develop, as well as CEQA requirements and design standards that would be reviewed by the City and the County. Councilmember Baldwin expressed his concern that he did not understand how the project would benefit the citizens of Ukiah. Discussion continued with regard to sales tax sharing between the City and County. Mayor Larson recommended adding three more conditions since he is concerned with: 1) Section 7.4 regarding the statement of overrid, ing considerations and that the City Regular City Council Meeting February 4, 2004 Page 9 of 4-2- Inserted: AMENDED - PAGES 3-4 Inserted: Add page 12 should require both parties to make that overriding consideration, 2) design standards should be written into this Agreement so the County could not get out of their obligation of overriding considerations, and 3) there should be a condition on all money beyond the mitigation fees that will be required of the City, all mitigation fees on both sides of the bridge, and that the Agency should be held responsible. He discussed approving a project that will have a tremendous benefit to the County and that there is a need to protect the City or establish a revenue sharing agreement. Inserted: AMENDED - PAGES 3-4 City Attorney Rapport responded that item #3 listed ti Agreement. He discussed prior Council decisions regardir is already in the ,~r. It was the opinion of Councilmember Andersen is revenue sharing. It either needs to be annexe agreement needs to be developed. the crux of the matter a revenue sharing 10. NEW BUSINESS 10f. )intment Of Council Re Board Of Directors Community Services Director served as City Council re Directors since coming on to Councilmember Smith has indicate~ he recommended Council a n the UI ouncil. Main that Councilmember Smith has Street Program Board of e to a scheduling conflict the meetings. Therefore, Joy Beeler, Execul has enjoyed a purpose of U~ Councilmember S thanked Counc ;sful to be ~in Streel gram, stated that the Board ~e City of Ukiah for many years for the essful and thriving. She discussed and his belief in their mission. She is looking forward to working with the re to the of ti" Iing Councilmember Rodin Street Board of Directors. ity Council. as new Council's Motion carried by 10. NEW 10g. ,lution Makin To The Traffic En.qineerinR Committe~ Deputy City Clerk Ulvila advised that five applications were received to fill the one vacancy on the City's Traffic Engineering Committee. Councilmember Andersen has the first nomination. M/S Andersen/Smith appointing Dave Morrow to the Traffic Engineering Committee. Councilmember Baldwin discussed the possibly of recommending Fred Alexander to the position. ~_ ............................ ... .... .~ Inserted: Add page 12 Regular City Council Meeting February 4, 2004 Page 10 of 4-2- Inserted: AMENDED - PAGES 3-4 Mayor Larson stated it was his opinion that there should be more public members to the Committee. He felt that Steve Turner, who previously served on the Committee, should be reappointment to the Committee. Mr. Turner has worked on the bike and pedestrian plan and other projects. Motion failed by the following roll call vote: AYES: Councilmembers Andersen and Baldwin. NOES: Mayor Larson and Councilmembers Smith and Rodin. ABSTAIN: None. ABSENT: None. Councilmember Andersen passed on making another no ~on M/S Rodin/Andersen appointing Steve Turner to the ' ~eering Committee. Motion carried by the following roll call w Andersen, Smith, Baldwin, and Mayor ABSENT: None. AYES: Ci members Rodin, NOES: None. ;TAIN: None. M/S Smith/Rodin adopting Resolution 201 to the Traffic Engineering Commi e, carried Councilmembers Rodin, Baldwi~ ABSTAIN: None. ABSENT: Non( ~ppointment of Steve Turner g roll call vote: AYES: Mayor Larson. NOES: None. 11.COUNCIL REPORTS Councilmember Rod today and their SEI of completion ceremony for residential facility i., initiative docume Financing Committee met I draft stage. There will be a celebration 20th. She attended the graduation 'p (CCC). She noted that their Ukiah are soliciting signatures for a ballot el an, ~t over the up back e consultan' attende~ ~unty budge that the Housing Element Update Committee met now on the web site. They reviewed it and it will go the Planning Commission within a month. He today and noted none of it is was good. He discusse~ California Cities' initiative for local funding, noting that the California Lab¢ has come out against it based on its language. They are still in negotiations ar ng about changes to it. Prop 57 and 58, which are bonds and, the California Association of Counties (CSAC) are considering opposing both measures because the Governor's budget is detrimental to counties. Councilmember Smith reported that he attended the NCPA Strategic Workshop and heard their annual report. The Washington, DC trip is scheduled for April 26-29. February 25-26 is their next meeting in Palo Alto. Mayor Larson reported that last week he toured the treatment plant with Administrative Analyst Burck and Wastewater Treatment Plant Supervisor Gall. Today he met with the Regional Water Quality Control Board and discuss,e_d_ t_h_e_ _Ci_t_y'_s_p_r_oj_e_c_t._ H__e_a_tt_e_n_d_e_d_t_h_e ...... Regular City Council Meeting February 4, 2004 Page 11 of 4-2- Inserted: Add page 12 I ~. ........................................................................ -* ~' Inserted-' AMENDED - PAGES 3-4 firefighters annual dinner, the CCC graduation ceremony. With Council's permission, he would like to have a resolution or letter prepared in support of not closing the CCC residential facility in Ukiah. He also attended the Redwood Empire Division of the League of California Cities meeting in Cloverdale and toured their downtown. 12. CITY MANGER/CITY CLERK REPORTS None Adjourned to Closed Session at: midnight. 13. CLOSED SESSION G.C. ~54956.8- Conference with Real Pro Property: Assessors Parcel No. 002-232-12 Owner: North Coast Railroad Authority Negotiator: Candace Horsley Under Negotiation: Price and Terms of No action taken. ;nt 14. ADJOURNMENT There being no further business, was adjourned at 12:24 a.m. Marie Ulvila, City Clerk ._ .............................. ~.. --'-[ Inserted: Add page 12 Regular City Council Meeting February 4, 2004 Page 12 of -1-2- MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, FEBRUARY 4, 2004 The Ukiah City Council met at a Regular Meeting on February 4, 2004, 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: Rodin, Andersen, Smith, Baldwin, and Mayor Larson. Staff present: Administrative Analyst Burck, DeKnoblough, Risk Manager/Budget Officer Harris, Public Utilities Director Kennedy, City Attorney Supervisor Sangiacomo, Public Works Director Chief Williams, and City Clerk Ulvila. Comm Services Director ~ger Horsley, Interim Community Services Director Stump, Police 2. PLEDGE OF ALLEGIANCE Ukiah Police Chief Williams led the Pledg~ egiance. 3. PRESENTATION 3a. Presentation Rec Develop A Trans-Modal Cent~ Jim Mastin, former Mayor of the Authority (MTA), provided a historic, modal center at the North Coast Rail The transit center ncludei Their vision wasn't Mendocino Tr, and of road ~thority's Past Efforts To ~an of the Mendocino Transit to develop a trans- site off of Perkins Street. and passenger rail. ;ks. Bruce Richard, the site including egress on ;ral Man~ of MTA ~rns. the site be $1 more technical information about He discussed ingress and It was estimated that the cost to million. Finally, the MTA Board Sher Malone voic transit because it for the depot property on Perkins Street as a ;ntrally located and publicly owned property. 4. APP ;S 4a. Re_~ular ME :ember 177 2003 Councilmember noted that the last sentence in the second paragraph on page 9 should read as folh "While in Washington, they will be meeting with Diane Feinstein and he will take that opportunity to extend the City's appreciation and thanks for her including the City." Mayor Larson noted that the last sentence in the second to last paragraph on page 7 should read as follows, "She noted the hard work of the Mayor and Councilmember Smith, as well as Senator Feinstein." Councilmember Andersen noted that the vote in the second motion on page 3 should reflect that he was absent from the meeting. Regular City Council Meeting February 4, 2004 Page 1 of 11 M/S Baldwin/Andersen approving the Special Meeting Minutes of December 17, 2003, as corrected, and carried by unanimous consent. 5. RIGHT TO APPEAL Mayor Larson read the appeal process. 6. CONSENT CALENDAR M/S Andersen/Smith approving items "a" through "c" of t follows: a. Adopted Resolution 2004-18 Approving Gra~ Matching Funds To Federal Aviation 06/07; b. Awarded Purchase Of Liquid Polymer-Emi Of $7,500; c. Awarded Purchase Of Liquid Amount Of $13,500. To Polydy kyamine To Poi, Calendar as uest To Caltrans For Grant No. 3-06-0268- ~c. In The Amount nc. In The Motion carried by the following roll call vote: Smith, Baldwin, and Mayor S: None. ~cilmembers Rodin, Andersen, N: None. 7. AUDIENCE COMMENTS ON Mayor Larson announced that the Cil televised live. James Mulheren annexation in ordl 'ovide ~sing :ional h in the of Ukiah and encouraged for the community. Martin Bradley, 62 Internation. that he ,he will be going to Maryland to visit the correspondence from an enterprise in asked to deliver to the Mayor of Ukiah. for c~ to their the cerel Conservation Corp, thanked City Councilmembers He presented video tapes to the Council of Mayor at he and Councilmember Rodin attended the Corps graduation. 8. PUBLIC HE.a (6:45 P.M.) 8a. Adoption of Resolution Establishing Traffic Impact Fees For the DANCO Summercreek Village Apartment Complex Project Planning Director Stump reported that on July 23, 2002, the City Planning Commission conditionally approved the Danco Summercreek Village apartment complex project on Gobbi Street. Under condition number 24 of the approved Site Development Permit, Danco agreed to contribute to off-site capital improvement funds to pay for road and intersection improvements necessary to mitigate traffic impacts. On November 14, 2002, Danco formally entered into an Agreement with the City to pay the fees once they were established by the Council's subsequent adoption of a Resolution. Regular City Council Meeting February 4, 2004 Page 2 of 11 He recommended that Council formally establish the fees via the adoption of a Resolution. He discussed the traffic study for Gobbi Street and how the fees were determined. Public Hearing Opened: 6:58 p.m. Sheridan Malone advised that he has owned a business on South Main Street since 1977 and opposed installation of a traffic light at the intersection of South Main and Gobbi Streets because it will cause cars to back up. City Manager Horsley advised that a traffic study is various intersections. Staff will notify him when the ~rformed and it considers lete. Public Hearing Closed: 7:02 p.m. M/S Rodin/Smith adopting Resolution (Traffic) Fees for the Danco Summercreek by the following roll call vote: AYES: Coun( and Mayor Larson. NOES: None. ABSTAIN: N, 19 establishing ~nt le Complex carried Andersen, , Baldwin, ;ENT: None. 8. PUBLIC HEARING (6:45 P.M.) 8b. Ado of Resolution Countv Risk Manager/Bud Grant (CDBG) re! Housing Development Com~ secure Ioal Ukiah. and assist thl For Commu n And !rris .ns requ Sec~ Block Grant Of Mendocino Loan Fund that the Development Block pul ~earings regarding the Mendocino County Deposi Loan Fund. The Community the major portion of the grant be to le family homes within the city limits of ~e grant willIo set up a revolving loan program for first families. It is his belief that both of these programs will situation. Todd C Acting is pro people families wou selling the hom the home back to ~ct Manager, discussed the proposal and advised that CDC would be assisted and approximately six or seven ¢ith down payments. He discussed restrictions concerning owner were to sell within 10 years, they would have to sell Public Hearing Opened: 7:20 p.m. No one came forward. Public Hearing Closed: 7:20 p.m. M/S Baldwin/Andersen adopting Resolution 2004-20, approving an application and contract execution for funding from the General/Native American allocation of the State Community Development Block Grant (CDBG) Program and authorizing the execution of a Grant Easement and any amendments thereto with the State of California for the purposes of this grant, carried by the following roll call vote: AYES: Councilmembers Regular City Council Meeting February 4, 2004 Page 3 of 11 Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 9. UNFINISHED BUSINESS 9a. Discussion Regarding Light Pollution In The Ukiah Valley Planning Director Stump advised that Staff and the Planning Commission have been responding to this issue during the review and approval of development projects, and have been conducting research on methods used to limit and soften the impacts of lighting. The main focus that the Planning Commission .s is that the light be downcast and shielded and that it doesn't shine zed how some businesses unnecessarily use excess lighting and an ongoing educational process for staff. Councilmember Baldwin discussed menacing it becomes difficult for people to look at the lighting in the City. He went on to discuss n street lights are too powerful, and or homes. hts and concern that Irom back to excessive technology, tat the City's other r yards Interim Public Utilities Director the difference between Iow sodium high City's street lights and cited re lighting. 7:32 p.m. - Matter opened to the Susan Knopp, lights in order to ir of lights intrud of lighting and re recommen, the visibili well neighbo an( that th6 :ity should improve its street and security. She spoke to the issue a demonstration of various types shielded down lighting. She also ,d not hum because they waste energy. Di concernl light board to asi Ukiah Astronomical Society, provided a Power Point Ukiah. He recommended the City create an interim of a lighting ordinance. Sheridan that shine in' would provide a discus the lighting at the back of City Hall and pole street lights recommended raising the light about 10 feet so that it Phyllis Webb, W. C Street, was of the opinion that there are too many street lights on each block and they are too bright. Dorie Kramer, 17281 Shafer Rand Road, Willits, stated that she sees the sky glow from the lighting in Ukiah. She expressed concern with illuminated billboards and wanted the City to take action against businesses that use bright lights. Vishnu, stated that he lives outside of Ukiah and discussed being able to view night sky activity. He noted that he sent an email to the Mayor recently voicing his concerns. Regular City Council Meeting February 4, 2004 Page 4 of 11 Bruce Foster, President of the Greater Ukiah Chamber of Commerce, stressed the importance of using commonsense when dealing with lights as some are poorly designed. Mayor Larson advised that he received an email today addressed to the Council from Ruth Van Anthwerp which he read aloud. Councilmember Rodin made the suggestion that staff could write letters to businesses using bright lighting and suggest that they consider ch; gin lighting fixtures. It would be important to provide them with some examples of s lighting techniques. Councilmember Andersen stated that he suffers bedroom at night. He recommended staff impact residents. He was supportive of staff lighting and to return to the City Council lighting and street lights in the City. ]hting coming into his g and how it may to ch the matter of ~er information outdoor Councilmember Smith stated that he is Commission is taking with regard to lighting an~ Planning Commission to continue into the direction that a Planning planning staff and the of street lighting. Councilmember Baldwin discusse~ combine a noise and ligl pollut Commission review inance" with their findings wi and felt the City should ested that the Planning and return to Council Mayor Larson Planning Commiss~ would rec atten views the other Councilmembers in that the ;w of lighting issues. He stated that he red committee that would provide Council regard to areas of the City that need ~s very important. Rec~ 8:40 p.m. R~ 8:50 p.m. 10. NEW 10a. Discuss Action R~ Financial Pro ection.-' And Defici Of 200; Mid Year Budget Amendment City Manager Horsl discussed her Staff Report concerning projections for fiscal year 2004-2005 financial projects and possible direction by Council, and also the annual mid- year budget amendments. She discussed closure of the City pool facility, Anton Stadium, and closing City Hall every other Friday. If all three recommendations are approved, it would be a savings of $109,000 to the General Fund. If the March ballot measure is passed, Council could reevaluate the closure of the swimming pool and Anton Stadium, and many of the other reduction measures that would have to be implemented during the budget sessions due to the million dollar budget deficit that is being projected. She discussed additional cost-cutting measures. Regular City Council Meeting February 4, 2004 Page 5 of 11 Risk Manager/Budget Officer Harris discussed annual mid-year budget amendments as noted in the Staff Report. Considerable discussion was had concerning Staff's analysis of the state's impacts to the City's revenues and expenses. Topics discussed included PERS increases, MOU increases, loss of the economy and interest revenue, as well as the property tax ERAF shift. There was extensive discussion concerning the possible closures of Anton Stadium and the swimming pool. Some consideration was made with regard to increasing the fees at the pool, however, it was noted by the fees would have to triple for the pool to function out of the red. Community Services Director DeKnoblough discus its fee schedule. He noted that the pool fees were i~ ~lf Course facilities and Community Services Supervisor Sangiaco increased last year, a full season has not the pool usage. He noted that swim continued to discuss staffing costs maintenance and utility costs at facilities. ~S vised that sinct fees were in order to det~ ny affect on the lar¢ He ilm sessions general City Attorney Rapport discussed affect of Proposition 218, as well as ,es Enterprise Fund and the ~ing charging fees. City Manger Horsley staff arrived at its cz freeze for City pe picture. ,I has bt the :he thr institul projections and how ~ns. She noted that a hiring She stressed the need to look at the total Mayor propos~ mus~ voter,, worse Council in to not 't approve ,g decisio facing a $1.5 million deficit. The Staff cove ly 10% of the cuts the City is facing. The that's left is personnel to cut. He advised that he is ~rsonnel and to assure public safety is adequate. If in March, the City Council will need to face a his appreciation of the efforts of City Staff to assist Jim Mulheren the pool facilities. ;upport for continuing the operation of Safari Day Camp and Councilmember Baldwin expressed the need to inform the local media and the public of the City's current and projected financial situation. Although closing any of the City's facilities may be a drastic move, he felt that matter should be addressed at Council's next meeting to allow the public more time to be educated on the situation and to allow for public comment. Councilmember Andersen advised that he is not supportive of closing these facilities. If he had a choice, he preferred closing the museum rather than the pool because the museum should be able to pay for itself. With Memorandum of Understandings Regular City Council Meeting February 4, 2004 Page 6 of 11 (MOU's), staff needs to look at the inevitability of furloughs, noting that there could be creative ways to accomplish furloughs. He noted the need for public input. It was the consensus of the Council to hold off on the closure of the City pool and Anton Stadium until further analysis has been completed. Council further instructed staff to educate the public and begin arrangements for closure of City Hall every other Friday. M/S Rodin/Andersen receiving report regarding 2004/05 Year Amendment to the 2003/04 Budget as specified in th Amendment-Summary of Transactions, carried by the Councilmembers Rodin, Andersen, Smith, Baldwin, ABSTAIN: None. ABSENT: None. ,ns and approving Mid Mid Year Budget ~g roll call vote: AYES: NOES: None. 10. NEW BUSINESS 10b. Discussion And Review Of City Manager Horsley advised that inclu~ adopted Budget Objectives and statements regarding each of them. The City Council had developing a separate list of that objectives for each department. Id Accom ~ith the Report is of the hat has or is g done ;ly discussed the possibility of Council-approved goals and Mayor Larson was of the o staff members have STIP funds may be th ;ased ~r 200~ limited personnel, other MCOG funding and that Public Works workers instead of Their due to f Steele ~ised th, will be a Street Department currently had seven that would curtail paving projects. other projects will be severely impacted pound affect from stalled funding. It consensu goal,, e City and that each Councilmember should comprise a list of meet at a later date to discuss them. 10. !SlNESS 10c. Re Sanitation District Meeting Of January 287 2004 Pertaini Increase To The Sewer Connection Fee Interim Public IJ Director Kennedy reported on actions taken by the Ukiah Valley Sanitation Di: Irict (District) pertaining to the proposed increase to the sewer connection fee that would support the proposed capacity increase to the wastewater treatment plant. He discussed a list of things the District would like staff to provide by February 19th, however, with limited personnel; City staff would not be able to accomplish all of those items. He explained that staff has identified 920 connections and 444 are committed to date. The 920 connections are to last the City until the plant is built, which is by the year 2008. Of the 444 connection, 271 are for long term projects and only 101 are in the City, the balance is within the Sanitation District. He suggested that the City may want to reserve the balance for City projects. He went on to discuss how the City's restrictive ordinance could be amended. Regular City Council Meeting February 4, 2004 Page 7 of 11 Discussion continued with regard to the Rogina Heights area and that to supply them with sewer connections would require annexation into the Sanitation District, Mayor Larson recommended a Closed Session item be scheduled for the next Council meeting concerning the City's legal options with regard to the District. Director Kennedy explained that staff has been receiving manY requests to connect "main extensions" at the lower fee and it is becoming more for staff. He has asked the consultants what additional connections would c( continued to discuss the District and City's share of costs. 10. NEW BUSINESS 10d. Approval Of Budget Amendment Of Treatment Plant Improvement Funding Project Engineer/Manager Burck advi: budget with sub consultant Reed Smith to for the Wastewater Treatment Plant (WWT exhaustion. Reed Smith has provide additional grant funding a,, $48,000 for Reed Smith and administrative costs. at ,n amendr Del Wastewater al Secure Grant Caldwell inal fee ~ce in securing g funding Project is close to their original scope of work to k is $52,800, which includes s sub consultant M/S Baldwin/Smit expenditures in additional servi( Improvement Pro Rodin, An. ABSEN it #611 0-800 fun~ to 20~ budget to increase by $52,800 to Reed Smith to provide for the Wastewater Treatment Plant call vote: AYES: Councilmembers NOES: None. ABSTAIN: None. 10. EW BUSlNE 10e. ~roval Of Ro And Mend~ City Mare Iorsley meetings constructing th, Avenue to Brush discussions. And Land Use Agreement Between City Of ~o Counl that the draft agreement has been developed through and County Staff to address the environmental impacts of .~ bridge spanning Orrs Creek and extending Orchard City Attorney Rapport has been an integral part of these City Attorney Rapport advised that the purpose of the agreement with the County concerns environmental aspects associated with construction of the bridge. He discussed key provisions contained in the Agreement and potential impacts, as outlined in the Staff Report. He went on to discuss the MCOG study area which would apportion those costs and continued to discuss funding issues. He discussed the section of the Agreement which allows each jurisdiction the right to approve a project and how each would deal with mitigations. He explained that this Agreement does not obligate the parties to adopt capital improvements fees. Regular City Council Meeting February 4, 2004 Page 8 of 11 Discussion followed with regard to the following matters: potential projects south of the Orchard Avenue bridge, funding for infrastructure improvements, capital improvement fees, a traffic mitigation study, MCOG's study and the EIR as separate documents, construction of the Orrs Creek Bridge, major impacts to specific intersections within the City and how the Agreement allows both parties to take into consideration other factors that may develop, as well as CEQA requirements and design standards that would be reviewed by the City and the County. Councilmember Baldwin expressed his concern that he project would benefit the citizens of Ukiah. understand how the Discussion continued with regard to sales tax sharin ity and County. Mayor Larson recommended adding three mc 1) Section 7.4 regarding the statement of should require both parties to make that should be written into this Agreement so the of overriding considerations, and 3 there shoul the mitigation fees that will be the City the bridge, and that the Agency sh~ project that will have a tremendous protect the City or establish a revenue since !~ considerations lng con , 2) Cou with: :hat the City standards ot get out of tht r obligation ~ndition on all money beyond ation fees on both sides of He discussed approving a that there is a need to City Attorney RaPl Agreement. He di d that ied uncil dl listed the Mayor is already in the 3ns regarding the matter. It was the opinion is revenue. and Rodin that the crux of the matter into the City or a revenue sharing 10. BUSlN 10f. ~ointment O' Communi served as Directors Of Directo ,rvices Di since Councilmember S he recommended To The Ukiah Main Street Program DeKnoblough advised that Councilmember Smith has resentative to the Ukiah Main Street Program Board of to the City Council. Due to a scheduling conflict indicated he can no longer attend the meetings. Therefore, incil appoint a new representative. Joy Beeler, Executive Director of the Ukiah Main Street Program, stated that the Board has enjoyed a successful partnership with the City of Ukiah for many years for the purpose of Ukiah's downtown to be successful and thriving. She discussed Councilmember Smith's tenure on their Board and his belief in their mission. She thanked him for all his work. Their Board is looking forward to working with the Council's new representative. Regular City Council Meeting February 4, 2004 Page 9 of 11 M/S Baldwin/Andersen appointing Councilmember Rodin representative to the Ukiah Main Street Board of Directors. unanimous consent of the City Council. as new Council's Motion carried by 10. NEW BUSINESS 10g. Adoption of Resolution Making Appointment To The Traffic En.qineerin.n Committee Deputy City Clerk Ulvila advised that five applications were received to fill the one vacancy on the City's Traffic Engineering Committee. lember Andersen has the first nomination. M/S Andersen/Smith appointing Dave Morrow to the Committee. Councilmember Baldwin discussed the possib the position. en~ Alexander to Mayor Larson stated it was his opinion the Committee. He felt that Steve Turner, should be reappointment to the Committee. M pedestrian plan and other more pub to served on the Committee, has worked on the bike and Motion failed by the following roll Baldwin. NOES: Mayor Larson an~ None. ABSENT: N( 'ES: Andersen and and Rodin. ABSTAIN' Councilmember rsen pa on another nomination M/S Rodin the Traffic Engineering Committee. Motion An~ AB: None. ~wing roll vote: AYES: Councilmembers Rodin, Mayor Larson. NOES: None. ABSTAIN: None. M/S :odin adopt to the ineerin. Councilmeml ABSTAIN: Non Resolution 2004-21 Making appointment of Steve Turner :ommittee, carried by the following roll call vote: AYES: Smith, Baldwin, and Mayor Larson. NOES: None. "None. 11.COUNCIL REPi iTS Councilmember Rodin reported the Economic Development Financing Committee met today and their SEDS strategy report is in final draft stage. There will be a celebration of completion of the document on February 20th. She attended the graduation ceremony for the California Conservation Corp (CCC). She noted that their Ukiah residential facility is scheduled to close and they are soliciting signatures for a ballot initiative so that it will stay open. Councilmember Andersen reported that the Housing Element Update Committee met and went over the updated draft. It's now on the web site. They reviewed it and it will go Regular City Council Meeting February 4, 2004 Page 10 of 11 back to the consultant and then to the Planning Commission within a month. He attended a County budget hearing today and noted none of it is was good. He discussed the League of California Cities' initiative for local funding, noting that the California Labor Federation has come out against it based on its language. They are still in negotiations and talking about changes to it. Prop 57 and 58, which are bonds and, the California Association of Counties (CSAC) are considering opposing both measures because the Governor's budget is detrimental to counties. Councilmember Smith reported that he attended the NCI heard their annual report. The Washington, DC trip February 25-26 is their next meeting in Palo Alto. rategic Workshop and ~eduled for April 26-29. Mayor Larson reported that last week he toured Analyst Burck and Wastewater Treatment Regional Water Quality Control Board and firefighters annual dinner, the CCC gradu~ he would like to have a resolution or letter pr residential facility in Ukiah. He also attended League of California Cities pi Administrative ;rvisor Gall. T~ met with the ;ed the City's the Coun¢ ~ermission, port of not closi ~g the CCC wood Empire Division of the ;d their downtown. 12. CITY MANGER None Adjourned to midn 13. CLOSED G.C. ~54956.8 Proper No Ni ir Negotiatior ~n. Authority ;rms of Payment otiator 14. AD There being ENT the City Council meeting was adjourned at 12:24 a.m. Marie Ulvila, City Regular City Council Meeting February 4, 2004 Page 11 of 11 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 March 3, 2004 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PRESENTATION/PROCLAMATION a. Adoption of Resolution Supporting KZYX Studio in Ukiah M/RC (5-0) Adopting Resolution 2004-24 Mayor Read b. Proclamation: 66thAnnual Redwood Region Logging Conference 4. APPROVAL OF MINUTES M/RC (5-0) a. Regular Meeting of February 4, 2004 (As amended) Mayor Read 5. RIGHT TO APPEAL Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. Mayor Read 6. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. M/RC (5-0) al~l~rovin_cl Consent Calendar items "a" through "h" as follows: a. Award of Bid for 2004 Complete Aerial Unit With Cab and Chassis to Altec Industries, Inc. for the Sum of $69,617.05 b. Report of Acquisition of Data Conversion Services From L.R. Hines Consulting, Inc. in the Amount of $6,750 c. Award of Bid for 2004 Extended Cab, Compact Pick-up Truck to Lasher Dodge in the Amount of $14,341.47 d. Award of Purchase of Chlorine Products to Pioneer Americas, LLC, at Unit Prices of $92.49 for 150 Pound Cylinders and $464.90 for One Ton Cylinders for the Water Treatment Plant e. Approval of Budget Amendment in the Amount of $10,000 for Special Legal Fees Related to Litigation by River Watch f. Award of Purchase of Sodium Bisulfite, 25% Solution to Basic Chemical Solutions Inc. in the Amount of $8,440 g. Report to City Council Regarding the Purchase of Services from AC&R Service to Clean the Ductwork at the Ukiah Civic Center in the Amount of $6,897 h. Approval of Budget Amendment in the Amount of $725 to Pay for Repairs to the Pumps Supplying Water to the Lake Mendocino Fish Hatchery Mayor Read 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address' the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyor~c [u Uo heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutos per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 8. PUBLIC HEARINGS (6:45 P.M.) a. Adoption of the Initial Study/Mitigated Negative Declaration for the Water System Improvement Project and Approval of SPH Associates' Design Recommendation for the Water System Improvement Project and Authorization to Proceed with Final Design (continued from February 18) 1) M/RC (3-2) Ado~tinq Initial Study/Mitigated Negative Declaration for th® Water System Improvement ProjeCt 2) M/RC (4-1) Approving SPH AsSOCiates' design recommendation for the Water System Improvement Project and Authorize staff to proceed with final design 9. UNFINISHED BUSINESS a. Adoption of Ordinance Pertaining to Sewer Connection Charges and Discussion and Consideration of Connection Fee Increase for Hotels and Motels to Finance Improvements at the Ukiah Wastewater Treatment Plant 1) M/RC (5-0) accepting staff's proposal, as amended that 1) the connection fee for motels/hotels be changed from $17000 per ESSU to $47380 per ESSU; 2) that a sewer connection fee of $2,500 be assessed for each bedroom added to an existinq residential structure under the building permit process; and 3) the sewer connection fee in the amount of $2~500 for each bedroom added to an existing residential structure; and 4)M/RC (5-0) Introduced Ordinance with modifications. 10. NEW BUSINESS a. Annual Review of Traffic Signalization Fund for South Orchard Avenue and East Gobbi Street Consensus of Council accepted Report and determined that South Orchard Avenue and East Gobbi Street Traffic Siqnalization Fund has been appropriately reviewed b. Introduction of Ordinance Amending Chapter 12, Section 1965 of the City of Ukiah Municipal Code Describing Parcels of Land as Parks and Recreation Facilities M/RC (5-0) Introducing Ordinance c. Selection of City Councilmembers for Annexation Ad Hoc Committee Consensus of Council selected Mayor Larson and Councilmember Rodin to the ad hoc committee for the annexation strate_qy meeting on March 11, 2004 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK REPORTS RESUME 9:50 o.m. 13. CLOSED SESSION a. Conference with Leqal Counsel- Anticipated Litiqation Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 (1 case) No action taken b. No action taken Conference with Leqal Counsel- Anticipated Litiqation Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9 (1 case) 11:40 p.m. 14. ADJOURNMENT CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 March 3, 2004 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PRESENTATION/PROCLAMATION a. Adoption of Resolution of Supporting KZYX Studio in Ukiah b. Proclamation: 66thAnnual Redwood Region Logging Conference 4. APPROVAL OF MINUTES a. Regular Meeting of February 4, 2004 5. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 1 CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Award of Bid for 2004 Complete Aerial Unit With Cab and Chassis to Altec Industries, Inc. for the Sum of $69,617.05 b. Report of Acquisition of Data Conversion Services From L.R. Hines Consulting, Inc. in the Amount of $6,750 c. Award of Bid for 2004 Extended Cab, Compact Pick-up Truck to Laser Dodge in the Amount of $14,341.47 d. Award of Purchase of Chlorine Products to Pioneer Americas, LLC, at Unit Prices of $92.49 for 150 Pound Cylinders and $464.90 for One Ton Cylinders for the Water Treatment Plant e. Approval of Budget Amendment in the Amount of $10,000 for Special Legal Fees Related to Litigation by River Watch f. Award of Purchase of Sodium Bisulfite, 25% Solution to Basic Chemical Solutions Inc. in the Amount of $8,440 g. Report to City Council Regarding the Purchase of Services from AC&R Service to Clean the Ductwork at the Ukiah Civic Center in the Amount of $6,897 h. Approval of Budget Amendment in the Amount of $725 to Pay for Repairs to the Pumps Supplying Water to the Lake Mendocino Fish Hatchery 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 8, PUBLIC HEARINGS (6:45 P.M.) a. Adoption of the Initial Study/Mitigated Negative Declaration for the Water System Improvement Project and Approval of SPH Associates' Design Recommendation for the Water System Improvement Project and Authorization to Proceed with Final Design (continued from February 18) gl UNFINISHED BUSINESS a. Adoption of Ordinance Pertaining to Sewer Connection Charges and Discussion and Consideration of Connection Fee Increase for Hotels and Motels to Finance Improvements at the Ukiah Wastewater Treatment Plant 10. NEW BUSINESS a. Annual Review of Traffic Signalization Fund for South Orchard Avenue and East Gobbi Street b. Introduction of Ordinance Amending Chapter 12, Section 1965 of the City of Ukiah Municipal Code Describing Parcels of Land as Parks and Recreation Facilities c. Selection of City Councilmembers for Annexation Ad Hoc Committee 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK REPORTS 13. CLOSED SESSION a. Conference with Leqal Counsel- Anticipated Litiqation Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 (1 case) b, Conference with Leqal Counsel- Anticipated Litiqation Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9 (1 case) 14. ADJOURNMENT Adjourn meeting to March 10, 2004 at 5:00 p.m. at the Ukiah Civic Center Council Chambers for Annexation Workshop and March 17, 200 at 5:00 p.m. at Conference Room #4 at the Ukiah Civic Center for consideration of budget priorities. ITEM NO. 3a. DATE' MARCH 3, 2004 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION SUPPORTING KZYX STUDIO IN UKIAH The City Council has been requested to support the proposed KZYX studio to be located in the Ukiah Valley. KZYX is the regional public radio station that currently serves Mendocino County from facilities in the Anderson Valley. The Board of Directors is pursuing a site in the Ukiah area to expand its capabilities to provide service to the community. The attached resolution expresses support for the effort to create an Ukiah studio. RECOMMENDED ACTION: Adopt Resolution Supporting KZYX Studio In Ukiah. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine resolution is to be modified and adopt revised resolution. 2. Determine a KZYX studio in Ukiah is not to be supported and do not adopt resolution. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Board of Director of Mendocino County Public Br, oa,clcf~stin~ Michael F. Harris, Risk Manager/Budget Officer ~ Candace Horsley, City Manager 1. Resolution for adoption, page 1; 2. Flyer regarding Ukiah Valley Studio Project, page 2. APPROVED: '- Candace Horsley, City ~l~nager mfh:asrcc04 0303KZYX RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH SUPPORTING THE CREATION OF A UKIAH VALLEY STUDIO FOR PUBLIC RADIO KZYX WHEREAS, the Board of Directors of Mendocino County Public Broadcasting (MCPB) has unanimously approved pursing the creation of a studio in the Ukiah Valley; and WHEREAS, this effort is to create a permanent facility in the Ukiah'area at an easily accessible location that allows the development of programming of local interest in a format that encourages a wide range of opinion, perspectives, activities, and forums for discussion; and WHEREAS, the transmission upgrade will make the signal stronger and available to more listeners in the Ukiah Valley and it will make it easier for programmers as well as guest authors, educators, and others to be interviewed in Ukiah rather than in the Andersen Valley; and WHERAS, such a facility will increase the opportunities for Ukiah Valley residents to receive hands-on experience in both programming and the technical aspects of radio; and WHEREAS, the local airwaves may be opened to a more diverse group of people, encouraging a broader exchange of information, engaging a wider range of opinions, and generating a larger degree of involvement; and WHEREAS, it will add an active, contributing member to the Ukiah business community and implement the cash donations Ukiah citizens have made over the years to establish a Ukiah-area satellite station; and WHEREAS, it will allow broadcasts of local cultural, civic, and sporting events such as symphony and theatre, meetings and political debates, and high school and college games to Ukiah- area listeners. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah supports the efforts of public radio KZYX to create a studio in the Ukiah Valley. PASSED AND ADOPTED this 3rd day of March 2004 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Eric Larson, Mayor Marie Ulvila, Deputy City Clerk Resolution No. 2004- Page I of 1 A move is afoot to create a public radio station (KZYZ 91.5 FM)) studio in the Ukiah Valley. The Board of Directors of Mendocino County Public Broadcasting (MCPB) gave unanimous consent at its December meeting to this project. , Following is the mission statement of this studio project. To create a permanent facilit!l in the Ukiah area at an easil!t accessible location that allows the development of programming of local interest in a format that encourages a wide range of opinions, perspectives, activities and forums for discussion. 'It is to be operated primaril!t by volunteers assisted by a small paid staff as growth allows. The success of this project depends on wide public support and access. To that end we would like your input and help in prograrnming ideas as it relates to your organization and the dissemination of information that could be of a public service to your constituency. MCPB is a non-commercial station that is partially funded with tax dollars and cannot advocate economic gain for any particular business but can be a vehicle for making people aware of what is available as tar as local (county) area is concerned. It is not to compete with local commercial stations but fill voids, of which there are many, by broadcasting programs about public affairs, public meetings, campaigns/elections, debates, access to public officials, informational forums, as well as cultural entertainment ranging from live broadcasts of local talent, to ?? It is primarily a volunteer organization that is open to all. Its programming will be governed by a committee that will ensure fairness and equal access to all segments of the community. It will add to the current programming now aired and perhaps, in some instances, supplant those programs by airing concerns of the lnland area on its own frequency (91.5 FM), while other listeners on the other fi'equency (90.7 FM) (Anderson Valley, Coastal), have their choice. Please take some time, think about ~vhat your organization can and might want to do and consider giving your input and support. Concun'ent with this effort is a plan to increase the signal strength to the Inland area (91.5). With the one-two punch of a Ukiah Studio and an increased signal, greater things can happen with our community radio station. Thank you for your consideration. Committee Members Chairman King Collins, MCPB Doug Hundley 462-3733 Mary M~ Mastin 463-1650 er Prax 463-3574"'- WHEREAS, Logging and Forest Families provide an economic foundation for our communities through jobs and revenue; and WHEREAS, Logging and,.... Forest Families provide an historical and continuing contribution to the economic and cultural prosperity of our County; and .. WHEREAS, the Redwood. Region Logging Conference will honor Logging · and Forest Families and th/~ir roles in communities throughout the Redwood Region at its 2004 Conference; and WHEREAS, the thcs.me, of the 66th Annual Conference is "California Grown". NOW, THEREFORE, I, Eric Larson, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers Phil Baldwin, Roy Smith, Paul Andersen, and Mari Rodin urge all citizens to attend the 66TH ANNUAL REDWOOD REGION LOGGING CONFERENCE to be held at the Redwood Empire Fairgrounds, March 18-20, 2004, and salute timber work~rs, their families, and their significant contribution to communities throughout the RedWood Region. Dated: March 3, 2004 Eric Larson, Mayor MEMO Agenda Item: 4a TO: FROM: Honorable Mayor and City Deputy City Clerk Marie Ulvila SUBJECT: City Council Minutes: Regular Meeting of February 4, 2004 DATE: February 27, 2004 Every attempt will be made to provide Council with a copy of the Draft minutes from the February 4, 2004 meeting on Monday, March 1st. I apologize for the delay, Memos: CC022504 - minutes ITEM NO. 6a Date: March 3, 2004 A. GENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR 2004 COMPLETE AERIAL UNIT WITH CAB AND CHASSIS TO ALTEC INDUSTRIES, INC. FOR THE SUM OF $69,617.05 Included in the 2003/2004 Budget, Account No. 800.3728.800.000 is $75,000 for the purchase of a 2004 complete aerial unit with cab and chassis to replace an existing unit. The Electric Department sent Requests for Quotations through the formal bid process to three vendors. Two bids were received and opened by the City Clerk on February 19, 2004 at 2:00 p.m.; Pacific Utility Equipment Company with a total bid of $71,928.29 and Altec Industries, Inc. with a total bid of $69,617.05. Staff has evaluated the quotations and determined that the lowest proposal, Altec Industries, Inc. meets all of the City's specifications. Staff recommends the bid be awarded to Altec. RECOMMENDED ACTION: Award Bid For A Complete Aerial Unit With Cab And Chassis To-Altec Industries, Inc. For The Sum Of $69,617.05. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and provide direction to staff. Citizen Advised: N/A Requested by: Stan Bartolomei, Electrical Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachments: None AP PROVED- Candace Horsley, City ~anager ITEM NO. 6b DATE: MARCH 3, 2004 AGENDA SUMMARY REPORT SUBJECT: REPORT OF ACQUISITION OF DATA CONVERSION SERVICES FROM LR HINES CONSULTING, INC. IN THE AMOUNT OF $6,750 SUMMARY: Section 1522 of the Municipal Code requires a report be filed with the City Council regarding purchases between $5,000 and $10,000. In accordance with the above mentioned section this report is submitted to the City Council regarding the acquisition of data conversion services as budgeted in account 698.1101.800.000. A significant element of the City's record archiving (optical imaging) project has been the conversion of data to appropriate formats. Funding for this effort has been budgeted for some time. LR Hines Consulting, Inc. was able to complete the task within budget and a purchase order was issued. RECOMMENDED ACTION: Receive Report Of Acquisition Of Data'Conversion Services From LR Hines Consulting, Inc. In The Amount Of $6,750 ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: N/A Prepared by: Michael F. Harris, Risk Manager/Budget Officer~~,~,~ Coordinated with' Mary Horger, Purchasing Supervisor, Marie UIvila," "' '~ '"" '~Deputy City Clerk, and Candace Horsley, City Manager Attachments: None Candace Horsley, City M~nager mfh:asrcc04 0303Hines ITEM NO. 6c Date: March 3, 2004 A.GENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR 2004, EXTENDED CAB, COMPACT PICK-UP TRUCK TO LASHER DODGE IN THE AMOUNT OF $14,341.47 The Public Utility Department sent Requests for Quotations through the formal bid process to 19 dealers for a 2004 extended cab, compact pick-up truck. Eight bids were received and opened by the City Clerk on February 10, 2004 at 2:00 p.m. Lasher Dodge is the lowest compliant bidder with a total bid of $14,341.47. $18,000 has been budgeted in the 2003/2004 Fiscal Year in Account Number 820.3901.800.000 for this replacement vehicle. RECOMMENDED ACTION: Award bid for a 2004, extended cab, compact pick-up truck to Lasher Dodge in the amount of $14,341.47. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and provide direction to staff. Citizen Advised: N/A Requested by: Rick Kennedy, Interim Director of Public Utilities Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachment: Bid results APPROVED: Candace Horsley, City ~v~nager 0 AGENDA SUMMARY REPORT ITEM NO. 6a DATE: March 3, 2004 SUBJECT: AWARD OF PURCHASE OF CHLORINE PRODUCTS TO PIONEER AMERICAS, LLC, AT. UNIT PRICES OF $92.49 FOR 150 POUND CYLINDERS AND $464.90 FOR ONE TON CYLINDERS FOR THE WATER TREATMENT PLANT Submitted for the City Council's consideration and action is staff's recommendation that the purchase of approximately 25 - 150 pound chlorine gas cylinders and 8 one ton chlorine gas cylinders be awarded to Pioneer Americas LLC at unit prices of $92.49 for each 150 pound gas cylinder plus a deposit charge of $150.00 and $464.90 for each one ton gas cylinder plus a $1,000.00 deposit charge. The material will be used at the City's Water Treatment Plant and well sites for the disinfection of raw water in accordance with State Drinking Water Standards. In response to the City's Request for Bids, one bid was received and opened by the Deputy City Clerk at the time set for the public bid opening. The Notice To Bidders was advertised and noticed in accordance with the City's Informal Bid Process. The sole bid was responsive to the Request for Bids at the unit prices described above. The City did receive a written reply from Jones Chemicals Inc. notifying the City that they would not be bidding on the product at this time. Funds for water treatment materials have been budgeted in the Water Enterprise Fund under account number 820-3908-520-000. The Award of Purchase, if made, will be for a period of one year and the materials will be purchased on an as needed basis in the current and next fiscal year. RECOMMENDED ACTION: Award the purchase of approximately 25 - 150 pound chlorine gas cylinders and 8 one ton chlorine gas cylinders to Pioneer Americas, LLC, at unit prices of $92.49 for each 150 pound chlorine gas cylinder plus a deposit charge of $150.00 and $464.90 for each one ton chlorine gas cylinder plus a $1,000.00 deposit charge. ALTERNATIVE COUNCIL POLICY OPTION: Reject all bids and provide direction to Staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Alan Jamison, Water Treatment Plant Operator Rick Kennedy, Interim Public Utility Director Candace Horsley, City Manager 1. Bid Opening Results APPROVED: ~ ~:.,'%,~.,,,.-,..~~ Candace Horsley, City Ma'~ager CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk-s Office) ATI'ACHMENT_..~_ BID OPENING FOR: Chlorine Products SPECIFICATION NO. CHLR DATE: 'February 25, 2004 TIME: 2:00 p.m. o COMPANY PIONEER AMERICA, INC. ALL PURE CHEMICAL 700 YGNACIO VALLEY ROAD WALNUT CREEK, CA 94596-3849 AMOUNT Marie Ulvila, City Clerk Bids: Chlorine Products 2004 aaerry ~all AGENDA SUMMARY REPORT ITEM NO. 6e DATE: March 3, 2004 SUBJECT: APPROVAL OF BUDGET AMENDMENT IN THE AMOUNT OF $10,000 FOR SPECIAL LEGAL FEES RELATED TO LITIGATION BY RIVER WATCH Submitted for the City Council's consideration and action is Staff's request for a Budget Amendment authorizing additional operational expenses of $10,000 within the Sewer and Wastewater Treatment Utility Administration and General Budget Fund. Additional spending authorization is necessary to pay for special legal fees which are being incurred as a result of litigation by River Watch. Legal representation services are being provided on an as needed basis and an expense of $1,200 has been incurred to date. Staff is requesting that an allowance of $10,000 for current and future expenses be established. The litigation was not anticipated and the funds had not been budgeted for the payment of such legal fees. RECOMMENDED ACTION: Approve Amendment to the 2003/2004 budget authorizing an increase in expenditures of $10,000 within the Sewer and Wastewater Treatment Utility Administration Fund, account 612.3505.250.000 to address special legal fees related to litigation by River Watch. ALTERNATIVE COUNCIL POLICY OPTION: Reject the request and provide direction to Staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Kennedy, Interim Public Utility Director Rick Kennedy, Interim Public Utility Director Candace Horsley, City Manager Budget Amendment Worksheet Candace Horsley, C~Manager Itl w 0 tO I- AGENDA SUMMARY ITEM NO. DATE: March 3, 2004 REPORT SUBJECT: AWARD OF PURCHASE OF SODIUM BISULFITE, 25% SOLUTION TO BASIC CHEMICAL SOLUTIONS INC. IN THE AMOUNT OF $8,440 SUMMARY: Submitted for the City Council's consideration and action is Staff's recommendation that the purchase of 25 Dry Tons of Sodium Bisulfite 25% solution, be awarded to Basic Chemical Solutions Inc. in the amount of $337.60 per Dry Ton for a total value of $8,440.00 plus tax. The material is used at the Wastewater Treatment Plant for neutralizing chlorinated effluent prior to discharge into the Russian River. In response to the City's Request for Bids, two bids were received and opened by the City Clerk at the prescribed time for public bid opening. Noticing to bidders was in accordance with the City's informal bid process. The lowest responsible bidder was Basic Chemical Solutions Inc. with a base bid of $337.60 per Dry Ton plus tax. Funds for chemical treatment materials have been budgeted in the City/District Wastewater Enterprise Fund under account number 612.3505.520.000 and adequate funds are available for the requested purchase. RECOMMENDED ACTION: Award Bid To Basic Chemical Solutions Inc. For Sodium Bisulfite At $337.60 Per Dry Ton For A Total Value Of $8,440.00 Plus Tax. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bidsl and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Jerry Gall, Wastewater Treatment Supervisor Jerry Gall, Wastewater Treatment Supervisor Rick Kennedy, Interim Public Utilities Director and Candace Horsley, City Manager 1. Bid Opening Results APPROVED: '~~ace Hors~ey, ~tt~Manager k'ED-gb-kl~l THU 08:17 all f3ITY OF UKIfiH FPI× N0, 7074636204 P, 02 CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk=s Office) BID OPENING FOR: 25 tgn$ of_S_odium;:_B, isulflt.e,_ 25% $_01utio,rl - SOD~! DATE: Febr__u_arv 25,.~_0_O~t~ TIME: ~:,'_00 P,:~;~ COMPAHY ~ Bid,~: S~di~m~ }t[.~ulfit¢ SODBt ITEM NO. 6g DATE: March 3, 2004 AGENDA SUMMARY REPORT SUBJECT: REPORT TO CITY COUNCIL REGARDING THE PURCHASE OF SERVICES FROM AC&R SERVICE TO CLEAN THE DUCTWORK AT THE UKIAH CIVIC CENTER IN THE AMOUNT OF $6,897 SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the emergency purchase of services from AC&R Service to clean the ductwork at the Ukiah Civic Center in the amount of $6,897. During a routine quarterly inspection of HVAC units on the Ukiah Civic Center roof, building maintenance staff found that a number of canvas connections for the supply plenums were deteriorated. The plenums are sheet metal ductwork that extend from each HVAC unit on the roof into the building. The deterioration of the canvas connections was allowing dust, water, pigeon droppings, and other debris into the building's air circulation system. The effects of which could potentially be harmful to the health of the occupants. In addition, industry standard guidelines recommend that HVAC ductwork in a commercial application be cleaned every four to five years. Previously, the ductwork was cleaned in 1998 for an amount exceeding $8,000. After the immediate repair of the connections, staff solicited emergency quotes from AC&R Services and Coit, the only two contractors on file that provide ductwork cleaning services in the Ukiah region. Coit provided a brake down of costs including $65 per supply; $85 per return; and $500 per drop down unit. The total of which exceeds $8,000 for the entire building. AC&R Services submitted the Iow bid of $6,897 and was awarded the contract. Project costs were charged to the General Government Buildings Maintenance and Repair account, 100.1915.301.000. RECOMMENDED ACTION: 1. Receive report regarding the purchase of services from AC&R Service to clean the ductwork at the Ukiah Civic Center in the amount of $6,897. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager and Larry W. DeKnoblough, Community Services Director 1. Purchase Order APPROVED.~ ., ~_/~'1;*~-~ ~ ._~. Candace Horsley, C~Manager Attachment #1 PURCHASE ORDER SUBMIT ~PL.tCA~: I~NVOICES TO: :A~O~:~:IaAVABLE · 3~S'EM~Y AVENUE AC~SL::: E: (707.)~3.~2~ PURCH. :FAX:; :(70~; 4~62~ ~R:C~ &: ~PA~__R SEI~CE ~ CA g~E~2 · DEUVER .BY.' ' .... FOB PURCHASE ORDER :03S~1 NUMBER PAGE 1.OF I 0t ~I~0'0 CLEAN :D~ORK ~AT THE CI~ OF U:KIAH ,00 N 6,~g7.00 1.00,t915;301,000 111' DA~.D, 2/4!04; :WORK TO: INCLUD:E ~E :000 AGENDA SUMMARY REPORT ITEM NO. DATE: March 3, 2004 6h SUBJECT: APPROVAL OF BUDGET AMENDMENT IN THE AMOUNT OF $725 TO PAY FOR REPAIRS TO THE PUMPS SUPPLYING WATER TO THE LAKE MENDOCINO FISH HATCHERY Submitted for the City Council's consideration and action is Staff's request for a Budget Amendment authorizing additional operational expenses within the Water and Conservation Account of the Electric Utility Fund. Additional spending authorization is needed to pay for materials acquired for the maintenance to the Fish Hatchery pumps at Lake Mendocino. Maintenance and repair of the pumps supplying water to the Hatchery is the City's responsibility. Approval of this budget amendment request will authorize a budget amendment in the amount of $725.00 to account 800.5536.302.000. RECOMMENDED ACTION: Approve Amendment to 2003-2004 budget increasing expenses within the Water and Conservation Account 800.5536.302.000 of the Electric Utility Fund in the amount of $725.00 to pay for materials purchased to repair the Lake Mendocino Fish Hatchery pumps. ALTERNATIVE COUNCIL POLICY OPTION: Reject the request and provide direction to Staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Kennedy, Interim Utility Director Cindy Sauers, Electrical Distribution Engineer Candace Horsley, City Manager 1. Budget Amendment Worksheet APPROVED' ' Candace Horsley, City Ma--~,ager w 0 ITEM NO. 8a DATE: March 3, 2004 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR THE WATER SYSTEM IMPROVEMENT PROJECT AND APPROVAL OF SPH ASSOCIATES' DESIGN RECOMMENDATION FOR THE WATER SYSTEM IMPROVEMENT PROJECT AND AUTHORIZATION TO PROCEED WITH FINAL DESIGN SUMMARY: At the February 18, 2004 City Council meeting, the Council conducted a public hearing to consider the adoption of a Mitigated Negative Declaration for the water system improvement project. After lengthy testimony, and at the advice of the City Attorney, the Council continued the item, and asked Staff to return on March 3, 2004 with additional information concerning a number of environmental topics. The purpose of this Agenda Item is to provide the City Council with the information it requested, to recommend adoption of the environmental document and approval of the SPH Associates' design proposal for the water system improvement project, and to provide authorization to proceed with final design. This Agenda Summary Report is divided into three components: Background; and 3) City Attorney Memorandum (Attachment No. 2). 1) Environmental Review; 2) Project (Continued on page 2) RECOMMENDED ACTION: 1) Adopt Initial Study/Mitigated Negative Declaration for the Water System Improvement Project 2) Approve SPH Associates' design recommendation for the Water System Improvement Project and authorize Staff to proceed with final design. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject adoption of the Initial Study/Mitigated Negative Declaration and approval of SPH Associates' recommended design for the Water System Improvement Project and authorization to proceed with final design and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: APPROVED: N/A Candace Horsley, City Manager Charley Stump, Director of Planning and Community Development Candace Horsley, City Manager and Rick Kennedy, Interim Public Utilities Director 1. Initial Study/Mitigated Negative Declaration (12/15/03) (previously distributed) 2. Memorandum from the City Attorney (2/24/04) 3. "Predesign Report - Water System Improvements, City of Ukiah" (2/6/04) (previously distributed) Candace Horsley, City l~ager Adoption of the Initial Study/Mitigated Negative Declaration for the Water System Improvement Project and Approval of SPH Associates' Design Recommendation for the Water System Improvement Project and authorization to proceed with final design. March 3, 2004 Page 2 SECTION 1: ENVIRONMENTAL REVIEW At the February 18, 2004 meeting, public comment was received, which claimed the Initial Study was inadequate in a number of areas. The following text discusses the comments and provides responses for the administrative record: GeotechnicallSoils COMMENT '1: The commenter expressed concern about the long-term stability of the proposed 1:1 cut slope above the Zone 2 tank. RESPONSE: The City Staff share the concern about the 1:1 cut slope. To ensure that the slope would be designed and constructed for long-term stability, Miller Pacific Engineering Group was hired to conduct a geotechnical investigation, and SPH Associates, a professional consulting engineering firm was hired to perform the design work based on the recommendations of the geotechnical investigation. As a result of the geotechnical investigation, Miller Pacific recommended a comprehensive mitigation program that included fourteen mitigation measures designed to ensure long-term stability of cut and fill slopes, proper erosion control, avoidance of liquefaction, avoidance of differential settlement, proper seismic design, and routine monitoring by the geotechnical engineer during construction. All of these recommended mitigation measures are included in the Initial Study/Mitigated Negative Declaration. In addition, the Miller Pacific Geotechnical Investigation indicated that the existing steep cut slopes behind the existing tanks were performing well, which provided insight into how the proposed cuts would perform. COMMENT 2: The Commenter also indicated that the General Plan contained policies precluding 1:1 cut slope in the hillside area. RESPONSE: Review of the Ukiah General Plan revealed that there are no goals or polices precluding the design and construction of 1:1 cut slopes in the hillside district. In fact, Table IV.3-10 in the Safety Element indicates that 1:1 cut slopes may perform acceptably, particularly in bedrock, but that a detailed geotechnical investigation would be needed on a case-by-case basis. As indicated above, in this case, a detailed geotechnical investigation was performed on the project site, and the engineering design work was based on the findings and recommendations contained in this investigation. Conclusion Regarding Geotechnical/Soils: Staff agrees that the 1:1 cut slope represents a potentially significant adverse impact on the environment. The technical studies performed for the project identifies this proposed cut slope as an area of concern, and includes a series of recommendations for design and construction. These recommendations have been included in the Initial Study/Mitigated Negative Declaration as important mitigation measures. The commenter did not comment on the adequacy of the proposed mitigation measures. The comment concerning the 1:1 cut slope as being inconsistent with the Ukiah General Plan is inaccurate. In fact, the project is consistent with the direction contained in the "Slope Conversions and Development Considerations" Table contained in the Safety Element of the General Plan, because it calls for a detailed Geotechnical Investigation for projects involving steep cut slopes, and such a study was prepared for the project. Adoption of the Initial Study/Mitigated Negative Declaration for the Water System Improvement Project and Approval of SPH Associates' Design Recommendation for the Water System Improvement Project and authorization to proceed with final design. March 3, 2004 Page 3 Staff is able to conclude that the geotechnical/soils analysis, findings, conclusions, and mitigation measures contained in the Initial Study/Mitigated Negative Declaration are adequate, provides the City Council with the information it needs to make an informed decision, and meets the requirements of the California Environmental Quality Act. Aesthetics COMMENT 1: The commenter did not believe that the planting of trees and shrubs around the project site would adequately screen the proposed tanks in the hillside area. He did not provide any specific statements regarding the proposed mitigation measures requiring the planting of trees and shrubs other than "trees take a long time to grow." RESPONSE: The Initial Study concluded that the proposed project could have an impact on the scenic view-shed of the Ukiah Valley. However, it was concluded that the impacts would not be significant because of the Iow elevation of the location of the proposed tanks and the existing vegetation in front of the tank sites. However, even though these impacts would not be significant, the Initial Study recommends a series of mitigation measures to reduce the minor impacts to the hillside scenic vista. These mitigation measures include the retention of vegetation outside the area of grading and construction, requiring finish grading to leave the areas in as much a natural looking hillside condition as possible, the planting of native trees to fill-in any views to the tanks from off-site locations, coloring of the tanks to blend into the surrounding hillside environment, and the planting of native vegetation along all cut and fill slopes. Related mitigation measures from the Biological section of the Initial Study require the ongoing irrigation of the trees until they are fully established, and a five-year tree replacement program in the event any trees fail to flourish. Staff also noted at the February 18, 2004 meeting that the proposed tanks would be placed adjacent to the existing tanks, and reiterated that they are situated at Iow elevations in the hillside area. These locations are not visually prominent, and are not highly visible from the key City "Gateways", as defined in the Ukiah General Plan. Conclusions Regarding Aesthetics: Staff is able to conclude that the aesthetics analysis, findings, conclusions, and mitigations contained in the Initial Study/Mitigated Negative Declaration are adequate, provides the City Council with the information it needs to make an informed decision, and meets the requirements of the California Environmental Quality Act. Impacts on Fishery Resources COMMENT 1: The commenter stated that the proposed project would have an adverse impact on fishery resources. He mentioned Orrs Creek and the Russian River waterways as two that could potentially be adversely impacted by the project. The commenter was not specific about the topic and did not reference any specific section of the proposed Initial Study/Mitigated Negative Declaration that he felt was inadequate. RESPONSE: The Zone 1 tank site is situated approximately 1,640 feet from Gibson Creek to the south and 2,460 feet from Orrs Creek to the north. The Zone 2 tank site is located approximately 2,460 feet from both Orrs and Gibson Creeks. Based on these distances, the lack of a direct relationship between the tank locations and the creeks, as well as the comprehensive erosion control Adoption of the Initial Study/Mitigated Negative Declaration for the Water System Improvement Project and Approval of SPH Associates' Design Recommendation for the Water System Improvement Project and authorization to proceed with final design. March 3, 2004 Page 4 measures included in the project, it is concluded that the grading and site preparation activities associated with the tank construction in the hillside area would not have a significant adverse impact on the fishery populations in Gibson or Orrs Creeks. In addition, the Initial Study and proposed Mitigated Negative Declaration were sent to the State Department of Fish and Game, National Marine Fisheries Service, and State Regional Water Quality Control Board for review and comment. None of these resource agencies provided comments on the document. The U.S. Army Corps of Engineers did respond to the document by stating that "portions of the overall project may potentially occur within jurisdictional purview of the Corps of Engineers ........ the City of Ukiah is therefore advised to submit a detailed project plan and a wetlands delineation map of the project boundary areas for verification by the Corps of Engineers." As indicated in the Initial Study, a preliminary wetlands assessment was performed and no evidence of jurisdictional wetlands was discovered. In the vicinity of the hillside tank sites, three ephemeral drainages were discovered that would likely be considered "other waters" by the Corps of Engineers, and therefore fall under the jurisdiction of the State Department of Fish and Game. As indicated above, the Department of Fish and Game did not respond to the proposed environmental document, and therefore it is assumed that it does not have an interest in, or concerns about, potential impacts to nearby creeks and fishery resources. The proposed Initial Study/Mitigated Negative Declaration includes a mitigation measure requiring the avoidance of the ephemeral drainages to the maximum extent feasible. If complete avoidance is not feasible, the mitigation measure requires coordination with the Army Corps, Fish and Game, and Regional Water Quality Control Board, and the securing of any authorizations from these agencies prior to proceeding. Moreover, an additional mitigation measure requires the preparation of a Storm Water Pollution Prevention Plan to address erosion and sedimentation. The proposed improvements at the existing water facilities site would be located hundreds of feet from both Orrs Creek and the Russian River. Minimal grading would occur for the improvements because the site is basically level. Based on these two primary factors, it is concluded that the improvements at the existing water facilities site would not have an adverse impact on the fishery resources of Orrs Creek or the Russian River. As indicated above, a Storm Water Pollution Prevention Plan is required to address potential erosion and sedimentation on the site. Conclusions Regarding Potential Impacts on Fishery Resources: Staff is able to conclude that the biological/fisheries analysis, findings, conclusions, and mitigation measures contained in the Initial Study/Mitigated Negative Declaration are adequate, provides the City Council with the information it needs to make an informed decision, and meets the requirements of the California Environmental Quality Act. Floodway COMMENT l: The commenter stated that the proposed improvements at the existing water treatment site were being proposed in the floodway, which the Federal Emergency Management Authority (FEMA) would not allow. Adoption of the Initial Study/Mitigated Negative Declaration for the Water System Improvement Project and Approval of SPH Associates' Design Recommendation for the Water System Improvement Project and authorization to proceed with final design. March 3, 2004 Page 5 RESPONSE: Staff stated during the public hearing on February 18, 2004 that the City submitted a Floodway Study for the site to FEMA, which was prepared by Winzler & Kelly Engineers, and that in September 2003, FEMA issued an official Letter of Map Revision, which placed the subject property outside of the floodway. Conclusion Regarding the Floodway: The subject property is not within the floodway, and therefore the project will not have an adverse environmental impact on the floodway. New Water Source Project COMMENT '1: The commenter claimed that the City was "piecemealing" the project, because the Initial Study did not address or analyze the future new water source project the City is investigating. RESPONSE: The City Attorney has reviewed this issue and has determined that because the possible type of future project and its location are completely unknown at this time, it is too speculative to evaluate or analyze, and therefore is not a required component of the current water system improvement project environmental document (see 2/24/04 memorandum from the City Attorney- Attachment No. 2). Conclusion Regarding New Water Source Project: The project is not being "piecemealed" and is not a required component of the current water system improvement project environmental document. ENVIRONMENTAL REVIEW CONCLUSIONS: Staff, with the assistance on the City Attorney, has concluded that the proposed Initial Study/Mitigated Negative Declaration adequately analyzes all potential environmental impacts, and presents a reasonable and feasible mitigation program to successfully off-set all potentially significant adverse impacts to levels considered less than significant. It is concluded further that the document fulfills the requirements of the California Environmental Quality Act. SECTION 2: PROJECT BACKGROUND (This text is excerpted from the February 18, 2004 Agenda Summary Report) The City hired SPH Associates to provide engineering services for the City's Water System Improvement Project. SPH Associates has submitted the "Predesign Report" for the water system improvements for review by the City Council. As the City Council is aware through previous discussions, the City of Ukiah's (City) Water System is in need of improvement. Ukiah's water treatment and distribution system storage facilities must be expanded to provide additional supply to reliably meet the current and anticipated future water demands of the community. These improvements have been mandated by the California Department of Health Services (DHS) as a condition of maintaining and renewing the operating permit for the facilities. The DHS has established that the capacity of the water treatment facilities is insufficient to satisfy peak demands normally encountered in July and August. Further, based upon guidelines established by DHS, the distribution system storage is deficient by 3,260,000 gallons. The additional storage capacity is needed in both pressure zones. Adoption of the Initial Study/Mitigated Negative Declaration for the Water System Improvement Project and Approval of SPH Associates' Design Recommendation for the Water System Improvement Project and authorization to proceed with final design. March 3, 2004 Page 6 According to DHS, reciting Section 64564 of the California Code of Regulations, a public water system's needed source capacity shall not be less than the peak day demand. At least 20 percent reserve capacity for responding to emergency water use situations, a major fire for an example should be considered in sizing water treatment facilities. Using the above parameters, representative of sound engineering practice for water source development, would result in 9 mgd as the firm source capacity to insure an adequate supply of water for the City of Ukiah. Meeting these requirements from the existing Ranney Collector is not possible considering that the capacity is limited to about 3,350 gpm. The backup wells can only provide about 1,200 gpm. The total reliable source capacity is therefore limited to about 4,550 gpm or 6.55 mgd. The deficit of 2.5 mgd (9 mgd - 6.5 mgd) must be provided by a new water source. The City is undertaking a separate investigation of the various alternatives (second Ranney collector or additional wells) to increase the source capacity. To enable the existing water treatment facilities to process this additional supply the addition of a third 3 mgd capacity factory-built Trident treatment module to expand the capacity to 9 mgd would be needed. Further, to enhance capacity and improve reliability, it is desirable to provide a fourth unit to permit uninterrupted production if one unit breaks down or must be removed from service for routine maintenance. An additional advantage of upgrading the water treatment capacity to 8,400 gpm (12 mgd) is that it will allow the plant to operate for fewer hours each day to meet system demand thereby reducing operational labor requirements. Also, it can be operated at reduced capacity, which improves performance reliability and reduces the potential for improperly treating the water during difficult treatment conditions. RECOMMENDED PROJECT The new components and facility improvements required to bring the treatment plant into compliance with State of California Public Health Standards and provide a safe and reliable water supply to residents of Ukiah have been defined in detail in the Predesign Report submitted by SPH Associates. These improvements are regarded to be the minimum to achieve the stated goals. The recommended project will consist of the following new facilities: 1. Storage Tanks Nominal Material of Location Volume Dimensions Construction Zone 1 - Golf Course 1.5 million gallons 120 ft. dia. x 20 ft. tall Prestressed concrete Zone I - Finished Water 1.5 million Reservoir gallons 120 ft. dia. x 20 ft. tall Prestressed concrete Zone 2 - Storage Tank 0.3 million gallons 39 ft. dia x 35 ft. tall Glass lined bolted steel or welded steel Adoption of the Initial Study/Mitigated Negative Declaration for the Water System Improvement Project and Approval of SPH Associates' Design Recommendation for the Water System Improvement Project and authorization to proceed with final design. March 3, 2004 Page 7 2. Treatment Plant · One new 2,800 gpm raw water pump · Rebuild two existing rawwater pumps · Two, 3 mgd capacity Trident modular treatment units · New filtered water transfer pumps · Chlorine gas containment system improvements · Building addition with laboratory · SCADA based control and instrumentation improvements · Potassium permanganate raw water feed system · New clarified backwash water return pump · Numerous plant chemical and electrical facility improvements 3. High Service Pump Station · Three 350 Hp, 2,800 gpm finished water pumps · Pre-engineered 1,950 square foot building · 1200 kw standby generator · Supporting mechanical, electrical and control features PROJECTED PROJECT COSTS The expected total project cost of upgrading the treatment facilities and constructing the needed additional distribution system storage facilities is as follows: Component Estimated Cost, $ Contractor's Mobilization, Bonds, Insurance, etc. 635,000 Water Treatment Facilities Storage Reservoirs Zone 1 Golf Course Site Zone 2 Upper Residential Site Zone 1 Treatment Plant Site 4,O49,OOO 2,053,000 449,000 1,470,000 Contractor's Overhead and Profit @ 15% 1,298,000 Engineering, Administrative, Environmental and Legal @ 10% 995,000 TOTAL PROBABLE PROJECT COST $10,950,000 The above cost estimate presumes that the listed facilities improvements will be constructed under one 12-month project contract. Costs are projected to the 3rd quarter of 2004. Adoption of the Initial Study/Mitigated Negative Declaration for the Water System Improvement Project and Approval of SPH Associates' Design Recommendation for the Water System Improvement Project and authorization to proceed with final design. March 3, 2004 Page 8 IMPLEMENTATION SCHEDULE Following completion of the preliminary design report and the environmental documents and acceptance of the project by the City of Ukiah detailed design work can continue and construction can be initiated. The City has decided to separate the reservoir and the treatment facilities construction projects. Accordingly, SPH Associates will schedule the project in the following manner; however, every effort will be made to begin construction of the storage reservoirs before the end of June 2004. Storage Reservoirs: Initiate Detailed Design Activities Complete Design Documents and Receive Construction Bids Award Construction Contract Complete Construction January 1,2004 May 1,2004 June 31,2004 January 31,2005 Treatment Facilities: Initiate Detailed Design Activities Complete Design Documents and Receive Construction Bids Award Construction Contract Complete Construction April 1, 2004 August 1, 2004 September 1, 2004 September 1, 2005 STAFF RECOMMENDATION The objective through this preliminary planning phase is to review and evaluate production, performance and operating records, consider input of ideas of City staff for facility improvements, factor in requirements imposed by new regulations, and investigate the best and most appropriate technology for implementation into an expanded and upgraded facility. Staff has completed an engineering review of SPH Associates' design recommendations and has determined that its proposed water system improvements meet the needs of the community and is cost effective. Additionally, Staff has addressed and responded to all comments regarding the environmental evaluation for the project, and therefore, recommends adoption of the Mitigated Negative Declaration, approval of SPH Associate's recommended project, and authorization to proceed with final design. Law Offices Of RAPPORT AND MARSTON An Association of Sole Practitioners 405 W. Perkins Street P.O. Box 488 Ukiah, California 95482 e-mail: d rapport@pacbell, net ATTAOItNIENT--~7~ David J. Rapport Lester J. Marston Scott Johnson Mary Jane Sheppard MEMORANDUM (707) 462-6846 FAX 462-4235 TO: FROM: DATE: SUBJECT: Honorable Mayor an~ouncil members David J. Rapport~ February 26, 2004 CEQA issues for water storage tank/treatment plant expansion project At the February 18, 2004, City Council meeting questions were raised about the proper scope of the initial study and negative declaration for the proposed project to construct new water storage tanks and to add two treatment modules to bring the treatment plant to its designed treatment capacity ("the Project"). The staff report mentions that the City must initiate efforts to locate and develop new water sources, because the Ranney Collector can no longer produce enough water to meet the City's current maximum day demand in the summer. Both Vice Mayor Baldwin and a member of the public, Lee Howard, questioned whether the City must include in its analysis of the Project's environmental impacts the growth inducing effects in both the City and the City's sphere of influence of increasing water availability from the current 6.55 million gallons per day CMGD") to the treatment plant's design capacity of 12 MGD. In its Agenda Summary Report for the February 18, 2004, City Council meeting, staff noted that the Project is required to meet state Department of Health Services ("DHS") standards for the City's water system (storage and source capacity) plus 20% to allow for emergency water use situations, such as a major fire. Using these parameters and sound engineering practice for water source development, SPH Associates and City staff recommend 9 MGD as the firm source and treatment capacity for the City's water system to insure an adequate supply of water for the City of Ukiah. The current water sources for the City's water system provide and the treatment plant can treat 6.55 MGD. As stated in the Agenda Summary Report: To enable the existing water treatment facilities to process this Memorandum to City Council Subject: Scope of environmental review Date: February 24, 2004 additional supply the addition of a third 3 mgd capacity factory-built Trident treatment module to expand the capacity to 9 mgd would be needed. Further, to enhance capacity and improve reliability, it is desirable to provide a fourth unit to permit uninterrupted production, if one unit breaks down or must be removed from service for routine maintenance. An additional advantage of upgrading the water treatment capacity to 8,400 gpm (12 mgd) is that it will allow the plant to operate for fewer hours each day to meet system demand thereby reducing operational labor requirements. Also, it can be operated at reduced capacity, which improves performance reliability and reduces the potential for improperly treating the water during difficult treatment conditions. In addition, based upon guidelines established by DHS, the distribution system storage is deficient by 3,260,000 gallons. The additional storage capacity is needed in both pressure zones to bring the City's water system into compliance with these standards. Accordingly, the Project is designed to bring the City's water system into compliance with DHS standards with a prudent amount of additional source and treatment capacity, based on the existing connections to the City's water system. While one treatment module would bring treatment capacity into compliance with these standards, the second module is proposed to increase the reliability of the system and because it is more cost effective to add the second module to this project rather than to add it later as a separate project. Questions about the proper scope of the environmental analysis arise, because if sufficient additional water sources are developed as a result of the proposed investigation mentioned in the Agenda Summary Report, the Project, in combination with increased water production from new water sources, could have a growth inducing effect in the City and in its sphere of influence by making additional water available for new development. ~ The question is whether, under these facts, the City can limits its environmental review to the Project or whether it must include, either as part of the Project or as a reasonably foreseeable probable future project, increased water production from new water sources. ~ If additional water merely facilitated new development in the City, its growth inducing effects have already been evaluated in the City's general plan which anticipates this amount of growth. Moreover, the City is nearing build out. As a result, the impact of this new development is limited. The concern expressed by Lee Howard and Vice Mayor Baldwin focused primarily on the unincorporated area within the City's sphere of influence and from the impacts on fish from increased pumping from the Russian River to serve that larger area. Memorandum to City Council Subject: Scope of environmental review Date: February 24, 2004 CONCLUSION In my opinion, the City can limit its environmental review to the Project and treat the future development of new water sources and associated effects as a separate project. As is explained more fully below, I am of the further opinion that the future development of additional water sources, at this stage, involves too much speculation and conjecture to permit a meaningful evaluation of their environmental impacts. As is also more fully explained below, this situation is very different and virtually the opposite of the situation facing Mendocino County, when it proposed to purchase water rights from Masonite. ANALYSIS The California Environmental Quality Act ("CEQA") unquestionably requires environmental analysis of a whole project and prohibits a local agency like the City from breaking a project up into separate components for purposes of environmental analysis. The CEQA Guidelines2 state: "Where an individual project is a necessary precedent for action on a larger project, or commits the lead agency to a larger project, with significant environmental effect, an EIR must address itself to the scope of the larger project." Case law also prohibits an artificially narrow view of a proposed action which is part of a larger project. In Bozung v. LAFCO (1975) 13 Cal. 3d 263, 283-284, the California Supreme Court admonished against the improper segmentation of projects: "One final overwhelming consideration is the mandate of CEQA that environmental considerations do not become submerged by chopping a large project into many little ones - each with a minimal potential impact on the environment - which cumulatively may have disastrous consequences." Refining this admonition, the Supreme Court in Laurel Heights Improvement Assn. v. Regents of University of California (1988) 47 Cal.3d 376, 394, approved the test of cumulative impacts in Guidelines section 15355: The Guidelines explain that a discussion of cumulative effects should encompass 'past, present, and reasonably anticipated future projects.' [Citation.]" Under this standard, the court held that an EIR should have considered the effects of anticipated expansion of a biomedical research facility: An EIR must include an analysis of the environmental effects of future 2 14 CCR {}15165 Memorandum to City Council Subject: Scope of environmental review Date: February 24, 2004 expansion or other action if: (1) it is a reasonably foreseeable consequence of the initial project; and (2) the future expansion or action will be significant in that it will likely change the scope or nature of the initial project or its environmental effects. (Id. at 396.) Applying these principles, a line of authority holds EIR's to be defective where they improperly segment a project into constituent parts and thereby adopt a "piecemeal" approach to analysis of the environmental consequences of the project. (See Stanislaus Natural Heritage Project v. County of Stanislaus (1996) 48 CaI.App.4th 182 [EIR of residential development deferred consideration of the additional water supply the development would ultimately require]; San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus (1994) 27 CaI.App.4th 713 [project description of residential development excluded sewer expansion, which was a necessary element of the project]; City of Santee v. County of San Diego (1989) 214 CaI. App. 3d 1438 [a "temporary" facility was the first step in a contemplated expansion of a detention facility]; and Citizens Assn. for Sensible Development of Bishop Area v. County of Inyo (1985) 172 CaI. App. 3d 151 [EIR of shopping center divided project into two parts representing separate sets of administrative approvals]. Nevertheless, the question remains how the CEQA definition of project applies to the water storage tank and treatment plant upgrade, on the one hand, and the future development of additional water sources, on the other. In addition, two decisions which mark the limits of an agency's duty to consider future undertakings3 must be applied to the Project and the future development of water sources. The future investigation of additional water sources must be considered part of the Project (to construct new storage tanks and add two treatment modules to the water treatment plant), if in approving the Project, the City Council becomes committed to the development of those water sources. In that event, approval of the Project commits the City to a definite course of action and the environmental consequences of the whole action must be evaluated at the earliest opportunity. Similarly, if the Project is a necessary precedent for action on a larger project, the City must evaluate the environmental impacts of the larger project, before approving the smaller project which is part of the larger one. (See Guidelines §§ 15352(a).) Under these standards, the future investigation of water sources is not part of the Project. The Project is being undertaken in response to DHS warnings that the City's water system currently does not comply with state standards. The Project will be constructed whether or not the City can locate and develop additional water sources. The scope of 3 Rio Vista Farm Bureau Centerv. County of Solano (1992) 5 CaI.App.4th 351, and, National Parks & Conservation Assn. v. County of Riverside (1996) 42 CaI.App.4th 1505 Memorandum to City Council Subject: Scope of environmental review Date: February 24, 2004 the storage tank and treatment plant upgrade is based on DHS standards and engineering considerations that are independent from a desire to serve substantial new development. For these reasons, the Project does not commit the City to develop new water sources, nor is the Project a precedent for the development of new water sources. In part, the City must pursue new water sources for the same reasons it has proposed the Project - to meet state standards concerning the peak demand by existing connections to the City's water system plus a prudent reserve, but constructing the Project does not commit the City, either legally or practically, to develop new water sources. It would need to pursue the Project, regardless of whether it is able to develop new water sources. Conversely, the City would seek to develop new water sources, regardless of whether it constructs the Project. Even though the investigation of future water sources and the Project are not one project, as defined in CEQA, the City must still evaluate the impacts from the development of new water sources, if (1) the development of those sources is foreseeable and a probable future project, and (2) the location and other details of the future project are sufficiently well developed that it is possible to do a present evaluation of its environmental impacts without engaging in conjecture or speculation. For example, in Rio Vista Farm Bureau Center v. County of Solano, supra, 5 CaI.App.4th 351, the county approved a hazardous waste management plan following certification of an EIR. The plan assessed current facilities, projected future needs, and set forth policies and siting criteria for future facilities. The acceptable areas for locating such future facilities lay primarily in an area known as Montezuma Hills. Appellant maintained that the EIR should have made a "project-level" evaluation of anticipated future projects in this area. Rejecting this contention, this court held: The flaw in appellant's argument is that the Plan makes no commitment to future facilities other than furnishing siting criteria and designating generally acceptable locations. While the Plan suggests that new facilities may be needed by the County, no siting decisions are made; the Plan does not even determine that future facilities will ever be built. Both the Plan and the FEIR consistently state that no actual future sites have been recommended or proposed. (Id. at p. 371 .) Similarly, National Parks & Conservation Assn. v. County of Riverside, supra, 42 CaI.App.4th 1505, concerned environmental review of plans to create a large landfill for municipal wastes in an open pit iron mine. The wastes would be delivered to the site after processing at materials recovery facilities, which would separate recyclable materials and other materials needing special handling, and then compact the remainder for loading into transport containers. The EIR described the environmental impact of the landfill site Memorandum to City Council Subject: Scope of environmental review Date: February 24, 2004 itself but did not consider the contemplated materials recovery facilities, explaining that their future location was still unknown: Since their exact locations to serve the project are unknown at this time, specific existing land use conditions and specific impacts associated with the potential siting of transfer stations cannot be and are not addressed. Therefore, any potential impacts cannot be evaluated at this time .... Undertaking any such analysis at present would involve speculation and conjecture." (Id. at pp. 1518-1519.) Closely following the Laurel Heights decision, the court upheld the adequacy of the EIR. Since the materials recovery facilities would be built separately pursuant to still unknown plans, the "environmental review of such processing facilities may be properly deferred .... Deferral of environmental assessment does not violate CEQA where an EIR cannot currently provide meaningful information about speculative future projects." (National Parks & Conservation Assn. v. County of Riverside, supra, 42 CaI.App.4th at pp. 1519- 520, fn. omitted.) Here, consideration of the development of new water sources in evaluating the environmental impacts of the Project is both not a probable future project nor is it possible to evaluate its environmental impacts, for the same reasons such evaluation was not possible of "... anticipated future projects in the ..." Montezuma Hills area in Rio Vista, or of the materials recovery facility in Nat'l Parks & Conservation Assn. Like those projects, the City, at this juncture, cannot know the location, the outcome, or the necessary details of the anticipated future investigation of additional water sources. No specific projects have been identified and it is not even clear at present whether any new sources will be identified or developed. Until the investigation is further along, the City won't know where the sources may be located, whether they will involve surface water, ground water or both, how much water can feasibly be developed, when it will be available, and so on. Without knowing these things, it is impossible to determine whether any of that water would be available for use within the City's sphere of influence and, therefore, whether or how the City would be required to amend its water rights permit to allow for the use of water under that permit outside the presently allowed places of use. The anticipated future investigation of water sources and the potential environmental impacts of such future water sources are as or more unknowable than the projects that were not evaluated in Rio Vista and Nat'l Parks. This situation is virtually the opposite of the situation faced by Mendocino County, when it proposed purchasing water rights from Masonite. In that case, the County was Memorandum to City Council Subject: Scope of environmental review Date: February 24, 2004 proposing to spend over $3,000,000 to purchase water rights it could not use within the place of use authorized by the Masonite license. The County was not purchasing the Masonite facilities, or land, where that water could be put to beneficial use without amending Masonite's water rights license. If the County had purchased the water rights for that amount of money, as a practical matter, it was committed to changing the allowed place of use and using that water for development in other parts of the County. Even though the details of how and where the water would be put to beneficial use were not then decided, the use of the water was clearly part of the project of acquiring the water rights. Acquiring the rights was a precedent for using the water in other locations. The County did not put forth any other reason for purchasing the Masonite water rights, and, in fact, admitted that it would determine later where and how it would use the water, once the rights were acquired. In Ukiah's case, the City is expanding its storage and treatment capacity to address present operational problems with its water system. That increased capacity may be useable to increase the number of connections the City's water system can serve, if additional water sources can be developed, but there are present reasons for increasing that storage and treatment capacity that have nothing to do with increasing the capacity of the system to serve new connections. Unlike the County's purchase of Masonite's water rights, the likelihood of serving new connections outside City limits, but within its sphere of influence, is highly speculative at present. For all of these reasons, in my opinion, the investigation of new water sources is a separate project from the construction of new water storage tanks and the installation of two additional treatment modules at the treatment plant. Moreover, the eventual development of new water sources is too speculative at present to require or permit environmental review of that separate project. When more information is developed concerning those water sources, the City will be required to evaluate the environmental impacts from developing them. Those same impacts will have to be evaluated before the City could amend its current water rights permit to include any additional areas within its allowed place of use. AGENDA SUMMARY ITEM NO. 9a. DATE: MARCH 3, 2004 REPORT SUBJECT: ADOPTION OF ORDINANCE PERTAINING TO SEWER CONNNECTION CHARGES AND DISCUSSION AND CONSIDERATION OF CONNECTION FEE INCREASE FOR HOTELS AND MOTELS TO FINANCE IMPROVEMENTS AT THE UKIAH WASTEWATER TREATMENT PLANT At the February 18, 2004 City Council meeting, the Council introduced an ordinance which included an increase in sewer connection fees for hotels and motels. The City Council directed staff to investigate the occupancy rates for hotels and motels in Ukiah to possibly modify the connection fees. Occupancy Rates Staff was unable to obtain reliable or accurate occupancy rate data for local motels. Such specific information is generally kept confidential by the proprietors. Staff is aware that the Mendocino Alliance has general information pertaining to occupancy rates but Staff considers the information to be too general for the stated purposes. Regarding the use of Transient Occupancy Tax (TOT) to determine or estimate the occupancy rate, there is not enough information available to use tax to calculate occupancy rates. The TOT is collected on a percentage of gross revenues. In order to determine occupancy rate, the amount charged for (Continued on page 2) RECOMMENDED ACTIONS: 1. Accept staff's proposal that the connection fee for motels/hotels be changed from $1,000 per ESSU to $4,379.50 per ESSU; 2. Accept staff's proposal that a sewer connection fee of $3,504 be assessed for each bedroom added to an existing residential structure under the building permit process; 3. Adopt the Ordinance as Introduced on February 18, 2004 with no modifications. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not accept Staff's recommendation and provide direction to Staff as to the desired method for sewer connection fees for hotels and motels and for the addition of bedrooms to existing residential structures. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Ann Burck, Project EngineedManager and Director Candace Horsley, City Manager 1. Ordinance for adoption; 2. Water Usage Data in Billing Units; 3. Rick Kennedy, Interim Utility 2001 California Plumbing Code, Table 7-3. APPROVED:,, Candace Horsley, City M~~ager Discussion and Consideration of a Connection Fee Increase For Hotels and Motels to Finance Improvements At The Ukiah Wastewater Treatment Plant March 3, 2004 Page 2 of 2 each room would have to be known and stay constant, neither of which occurs. Instead, Staff used winter water usage data from the City of Ukiah's billing records to compare the amount of sewage being generated by hotels and two apartment buildings. Hotel and Motel Connection Fees The staff report presented to the City Council on February 18, 2004 proposed an increase in the connection fee per Equivalent Sewer Service Unit (ESSU) from $1,000 to $4,379.50. An ESSU for commercial businesses has been determined to be 26 fixture units, which is based on the number of plumbing fixtures in a typical residential living unit for 2.5 persons. A typical hotel room has one toilet, one bathtub/shower, and two sinks. According the California Plumbing Code, Table 7-3, the drainage fixture unit value for these fixtures is 7. For reference, a copy of this table is attachment 3 to this report. If a typical hotel room has 7 fixture units, the number of fixture units for a 60-room hotel would be 420 (60x7). If an additional 30 fixture units were presumed for other hotel facilities, such as the laundry, "public restrooms", etc., the total number of fixture units for a 60-room hotel would be estimated at 450. Therefore, a 60-room hotel would have 17.3 ESSUs (450/26). If $4,379.50 were charged per ESSU, then the connection fee for a 60-room hotel would be 17.3 ESSUs x $4,379.50 or $75,765 ($1,263/room). The water usage data for two hotels and two apartment complexes is shown in Table 1 (attachment #2). The six-year average for January and February water usage for these two hotels is 65 gallons per day per room compared to 180 gallons per day per apartment. The data from Table 1 indicates that hotel room water usage is 36% of apartment usage. A 1- bedroom apartment has been assigned a 0.9 ESSU (residential ESSU) under option 1 as presented to the Council at its meeting of February 18. Based on a percentage of water usage, a hotel room would have 0.3 residential ESSU (36% x 0.9). Therefore, the connection fee for a 60-room hotel would be $2,628/room (0.3 ESSU/room x $8,759 [proposed residential fee]) x 60 rooms or $157,680 if motel/hotel rooms were treated as a one bedroom apartment. A comparison of the two methods of determining the connection fee for a 60-room hotel is presented on the following page: Discussion and Consideration of a Connection Fee Increase For Hotels and Motels to Finance Improvements At The Ukiah Wastewater Treatment Plant March 3, 2004 Page 3 of 3 60-room Hotel Connection Fee w/average of 7 fixture units per room 1. Connection fee based on fixture units 60 rooms x 7 fixtures units - 420 fixture units Additional facilities + 30 fixture units Total 450 fixture units 450 fixture units / 26 fixture units per ESSU - 17.3 ESSU (Commercial ESSU) 17.3 ESSU x $4,379.50/ESSU = $ 75,765 $75,765 / 60 rooms = $1,263 per room 2. Connection fee based on Comparison to a Residential ESSU for a One Bedroom Apt. Average water usage per hotel room = 65 gallons Average water usage per apartment = 180 gallons Average water usage of hotel room/apartment - 65/180 - 36% Since, a l-bedroom apartment = 0.9 ESSU Then, a hotel room by water usage comparison - 36% x 0.9 ESSU = 0.3 ESSU 60 rooms x 0.3 ESSU = 18.0 ESSU 18.0 ESSU x $8,759/ESSU = $157,662 $157,662 / 60 rooms = $2,628 per room Residential Connection Fee for a Bedroom Addition The staff report presented to the City Council on February 18, 2004 proposed a sewer connection fee in the amount of $3,504 (40% of the sewer connection fee charged for one ESSU) for each bedroom added to an existing residential structure. A value of 1 ESSU has been assigned to a typical residential living unit of 2.5 persons. If it is assumed that one person would occupy the room addition, the addition would then be equivalent to 0.4 ESSU or 40% (1 person / 2.5 persons). Typically, it is older homes that are remodeled with additional bedrooms. A connection fee of $3,504 for bedroom additions to existing homes would help recover some of the revenue lost from having connection fees at inadequate levels for so long. Discussion and Consideration of a Connection Fee Increase For Hotels and Motels to Finance Improvements At The Ukiah Wastewater Treatment Plant March 3, 2004 Page 4 of 4 Summary Staff has presented two options for determining connection fees for hotels and motels. One option is based on the number of fixture units per hotel room as it is currently done. The alternative option is based on comparative water use with apartments. Based on water usage, the connection fee would be 0.3 ESSU per room x $8,759 / ESSU. To determine a connection fee based on fixture units, the total number of fixture units for the hotel would be divided by 26 and then multiplied by $4,379.50. A connection fee based on water usage would result in a higher fee charged for hotels and motels. As in the previous report to the City Council, staff recommends adopting a sewer connection fee in the amount of $3,504 (40% of the sewer connection fee charged for one ESSU) for each bedroom added to an existing residential structure. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING PORTIONS OF SECTION 3731A, ARTICLE 12, CHAPTER 2, DIVISION 4 OF THE UKIAH MUNICIPAL CODE PERTAINING TO SEWER CONNECTION CHARGES The City Council of the City of Ukiah does hereby ordain as follows: SECTION ONE Section 3731A of the Ukiah City Code is hereby amended to read as follows: §3731 A: SEWER CONNECTION CHARGES: The following charges are hereby established for the connection of the plumbing of any building or structure which discharges to the sanitary sewer system of the City and said charges are separate from any other charges presently levied or which may be levied in the future: A. Residential Schedule: Eight Thousand Seven Hundred Fifty-Nine Dollars ($8759.00) for equivalent sewer service unit (ESSU) per dwelling unit connected based on the number of bedrooms according to the following schedule: Single/Multi-Family/Modular Homes/Mobile Homes Connection Fee ESSUs 1. 1 bedroom $7,759 0.9 2. 2 bedroom $8,759 1.0 3. 3 bedroom $9,759 1.1 4. Each additional bedroom $1,000 0.1 B. Commercial and Industrial Schedule: 1. Eight Thousand Seven Hundred Fifty-Nine Dollars ($8759.00) per ESSU for commercial and industrial connections, except hotels and motels, together with the charge to be determined by the City Manager based upon biochemical oxygen demand removal requirements, other treatment requirements, and gallonage of flow, and any other sewage characteristics as the City Manager deems appropriate. For hotels and motels, the charge per ESSU shall be Four Thousand Three Hundred Seventy-Nine Dollars and Fifty Cents ($4,379.50) for recognition of 50% occupancy, together with the charge to be determined by the City Manager based upon biochemical oxygen demand removal requirements, other treatment requirements, and gallonage of flow, and any other sewage characteristics as the City Manager deems appropriate. 2. [Remains the same] Ordinance No. Page 1 of 1 SECTION TWO Section 3735 is hereby added to Article 12, Chapter 2, Division 4 of the Ukiah City Code §3735: ADDITION OF BEDROOM TO EXISTING STRUCTURE. A sewer connection fee in the amount of $3,504, which is equivalent to 40% of the sewer connection fee charged for one equivalent sewer service unit, shall be charged for each bedroom added to an existing residential structure as permitted under the provisions of Division 3 of the Ukiah City Code. Said connection fee for each added bedroom shall be paid at the time the building permit is issued. The term "bedroom" as used herein shall include any room which can be used as a bedroom, no matter how designated on the building plans; provided, however, that a residential dwelling unit may have one living room, dining room, garage, kitchen, and family room which shall not be considered a bedroom. Bathrooms shall not be considered as bedrooms. SECTION THREE This ordinance shall become effective 30 days after its adoption, and will be published as required by law in a newspaper of general circulation in the City of Ukiah. Except as specifically provided herein, any application for a sewer connection received by the City after November 5, 2003, shall be subject to the fee imposed by this Ordinance, to be collected on or after the effective date of this Ordinance. The fee imposed by this ordinance shall not apply to an application for a sewer connection and connection fee received by the City prior to the effective date of this Ordinance for a project consisting of five or fewer sewer connections which does not require extension of an existing sewer main, if, prior to November 6, 2003, the project has received all planning approvals required for issuance of building permits. "Planning approval" means approvals required by the Ukiah City Code or other law for the development or use of real property from the Ukiah Planning Commission or City Council, such as, but not limited to, parcel maps or final subdivision maps, site development permits, use permits, and variances. Nothing contained herein shall require the City to furnish a sewer connection, if the City lacks treatment capacity to accommodate the additional connection, as determined by the City Manager or City Council based on engineering analysis and recommendations. Introduced by title only on February 18, 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Rodin, Andersen, Baldwin, and Mayor Larson None Councilmember Smith None Ordinance No. Page 2 of 2 Adopted on March 3, 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Eric Larson, Mayor Gordon Elton, City Clerk Ordinance No. Page 3 of 3 .ATTACHMENT '~ .... Table 1 - Water Usage Data in Billing Units (100 cu.ft, per B.U. and 7.481 gallons per cubic foot) 6-yr. Mo. 6-yr. Mo. 6-yr. Daily Month Ave. Ave. Ave. Property Rooms Billed 2004 2003 2002 2001 2000 1999 (cu.ft.) (gallons) (gallons) i Motel 62 Jan 135 150 174 188 167 185.i '.. Feb 121 165 137 163 99 416 i Monthly usage/# rooms Jan 2.18 2.42 2.8t 3.03 2.69 2.98 268.50 2,008.65 64.80 Feb 1.95 ,,, 2.66 2.21 2.63 1.60 6.71 296.00 2,214.38 77.97 Motel 40 Jan 75 88 65 88 74 139 Feb 63 61 96 97 49 216 : Monthly usage/# rooms Jan 1.88 2.20 1.63 2.20 1.85 3.48 220.67 1,650.81 53.25 Feb 1.58 1.53 2.40 2.43 1.23 5.40 242.83 1,816.64 63.97 Apartments 64 Jan 143 556 329 393 442 419 , Feb 230 509 368 322 376 327 , : Monthly usage/# apartments Jan 2.23 8.69 5.14 6.14 6.91 6.55 5~4.33 4,446.21 143.43 Feb 3.59 7.95 5.75 5.03 5.88 5.11 555.17 4,153.20 146.24 ,, AP'artments 53 FebJan 446912 696590 622156 446352 430376 no Monthly usage/#apartments Jan 8.85 11.13 11.74 8.42 8.11 data 965.00 7,219.17 232.88 Feb 7.77 13.13 2.94 6.64 7.09 751.40 5,621.22 197.93 .... Note: The 6-year average for January and February water usage for these two hotels is 65 gallons per day per room compared to 180 gallons per day per apartment. Table 7-3 2001 CALIFORNIA PLUMBING CODE TABLE 7-3 Drainage Fixture Unit Values (DFU) Min. Size · Trap and Plumbing Appliance, ApPurtenance or Fixture Trap Arm7 Private Public Bathtub or CombinatiOn Bath/Shower...i .................................... 1-1/2" 2.0 2.0 Bidet ............................................................................................ 1-1/4" 1.0 Bidet ............................................................................................ 1-1/2" 2.0 Clothes Washer, domestic, standpipe5 ....................................... 2' 3.0 3.0 3.0 Dental Unit, cuspidor .................................................................. 1-1/4" 1.0 1.0 Dishwasher, domestic, with independent drain ..........................1-1/2"2 2.0 2.0 2.0 Drinking Fountain or Watercooler (per head) ............................. 1-1/4" 0.5 0.5 1.0 Food-waste-grinder, commercial ................................................ 2" 3.0 3.0 Floor Drain~ emergency ............................................................. 2' 0.0 0.0 Floor Drain (for additional sizes see Section 702) ...................... 2, 2.0 2.0 2.0 Shower single head trap ............................................................. 2" 2.0 2.0 2.0 Multi-head, each additional ........................................................ 2" 1.0 1.0 ~ 1.0 Lavatory, single ........................................................................... 1-1/4" 1.0 1.0 1.0 Lavatory in sets of two or three ................................................... 1-1/2" 2.0 2.0 2.0 Washfountain .............................................................................. 1-1/2" 2.0 2.0 Washfountain .............................................................................. 2" 3.0 3.0 Mobile Home, trap [Not Adopted by HCD] ............................. 3" 12.0 Receptor, indirect waste1,3 ......................................................... 1-1/2" Receptor, indirect Waste1,4 ......................................................... 2" Receptor, indirect wasteI ............................................................ 3" Sinks Bar ........................................................................................... 1-1/2' 1.0 Bar .......................................................................................... 1-1/2"2 2.0 2.0 Clinical ..................................................................................... 3' 6.0 6.0 Commercial with food waste .................................................... 1-1/2`.2 3.0 3.0 Special Purpose ...........~ ........................................................... 1-1/2" 2.0 3.0 3.0 Special Purpose ....................................................................... 2" 3.0 4.0 4.0 Special Purpose ....................................................................... 3" 6.0 6.0 Kitchen, domestic .................................................................... 1-1/2"2 2.0 2.0 (with or withoqt food-waste-grinder and/or dishwasher) Laundry ................................................................................... 1-1/2" 2.0 2.0 2.0 (with or without discharge from a clothes washer) Service or Mop Basin ............................................................... 2" 3.0 3.0 Service or Mop Basin ............................................................... 3" 3.0 3.0 Service, flushing dm .......................................... ;. ..................... 3" 6.0 6.0 Wash, each set of faucets ....................................................... 2.0 2.0 Udnal, integral trap 1.0 GPF2 ..................................................... 2, 2.0 2.0 5.0 Udnal, integral trap greater than 1.0 GPF ................................... 2, 2.0 2.0 6.0 Urinal, exposed trap .................................................................... 1-1/2"2 2.0 2.0 5.0 Water Closet, 1.6 GPF Gravity Tank6 ......................................... 3" 3.0 4.0 6.0 Water Closet, 1.6 GPF Flushometer Tank6 ................. , .............. 3" 3.0 4.0 6.0 Water Closet, 1.6 GPF Flushometer Valve6 ............................... 3" 3.0 4.0 6.0 Water Closet, greater than 1.6 GPF Gravity Tanks ................... 3" 4.0 6.0 8.0 Water Closet, greater than 1.6 GPF Flushometer Valves ........... 3" 4.0 6.0 8.0 7-4. Inch mm 1-1/4 32 1-1/2 40 2 50 2-1/2 65 3 80 Assembly8 See footnote 1,3 See footnote 1,4 See footnote I 1. Indirect waste receptors shall be sized based on the total drainage capacity of the fixtures that drain therein to, in accordance with Table 2. Provide a 2' (51 mm) minimum drain. 3. For refrigerators, coffee urns, water stations, and similar Iow demands. 4. For commercial sinks, dishwashers, and similar moderate or heavy demands. 5. Buildings having a clothes washing area with clothes washers in a battery of three (3) or more clothes washers shall be rated at six (6) r~(ture units each for purposes of sizing common horizontal and vertical drainage piping. 6. Water closets shall be coi~puted as six (6) fixture units when determining septic tank sizes based on Appendix K of this Code. 7. Trap sizes shall not be increased to the point where the fixture discharge may be inadequate to maintain their self-scouring properties. 8. Assembly [Public Use (See Table 4-1)]. AGENDA SUMMARY ITEM NO.: DATE: REPORT lOa March 3, 2004 SUBJECT: ANNUAL REVIEW OF TRAFFIC SIGNALIZATION FUND FOR SOUTH ORCHARD AVENUE AND EAST GOBBI STREET SUMMARY: On May 16, 1990, the City Council adopted Resolution 90-47 (Attachment A) which established a traffic signalization improvement fund for the intersection of South Orchard Avenue and East Gobbi Street pursuant to Municipal Code Section 9543 (Attachment B). This fund was established to finance the construction of a traffic signal at the intersection of South Orchard Avenue and East Gobbi Street. The resolution provided that the fund was to be reviewed every five years after fees were collected and reviewed and reported annually after the first five year period. The first deposit was April 30, 1996. This report constitutes an annual report for the eighth fiscal year of the fund. The reserved funds in the signalization fund account (270.240.011) totaled $59,049.92 at the beginning of the 2002/2003 fiscal year. During the fiscal year, there was $2,813.18 accrued interest and other minor corrections were posted. The fund balance was $61,863.10 at the end of the 2002/2003 fiscal year. The fund balance of $62,711 as of December 31,2003 is made up of fees collected to date plus interest. This Report was made available to the public at City Hall as of February 20, 2004. A summary of funding sources and estimated additional funding required for the improvement project is as follows: ESTIMATED COST FOR SIGNALIZED INTERSECTION FUND BALANCE AS OF DECEMBER 31,2003 DANCO BUILDERS FEES ANTICIPATED FEES STIP AUTHORIZATION CURRENT PROJECTED SHORTFALL $267,142 62,711 17,141 44,567 131,000 ($11,723) Staff secured State Transportation Improvement Program (STIP) funding in the amount of $131,000 for other intersection improvements to be completed in conjuction with the signalization, including (Continued on page 2) RECOMMENDED ACTION: Accept Report and Determine that South Orchard Avenue and East Gobbi Street Traffic Signalization Fund has been appropriately reviewed. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A REQUESTED BY: Municipal Code PREPARED BY: Tim Eriksen, Senior Civil Engineer COORDINATED WITH: Candace Horsley, City Manager Diana Steele, Director of Public Works/City Engineer ATTACHMENTS: A. Resolution 90-47 B. Municipal Code Section 9543 C Map of Remaining Parcels to be Developed APPROVED: Candace Rorsley, C~Manager ANNUAL REVIEW Of TRAFFIC SIGNALIZATION FUND FOR SOUTH ORCHARD AVENUE AND EAST GOBBI STREET March 3, 2004 Page 2 of 2 improved turning radii and ADA-compliant Curb returns. This funding is currently scheduled to be available in Fiscal Year 2004-2005. It is expected that the potential shortfall will increase each year even though both the cost estimate and the anticipated fees are indexed to inflation, and the fund balance earns interest. The STIP authorization is a fixed amount and hence the shortfall may increase over time due to the rising costs of construction and regulatory and environmental requirements. It is also possible that some properties may never develop and thus the anticipated fees may not be realized. Furthermore, the more recent State budget crisis has caused delays to the STIP funding availability causing STIP-funded projects to be delayed. It will be necessary for the City to identify additional funds at the time of construction to cover any shortfall in funding. BACKGROUND: Traffic impacts at this intersection are recognized and staff anticipates constructing the necessary intersection improvements within the next 3-5 years. In addition to constructing a new intersection complete with signalization, improvements will also include ADA-compliant pedestrian ramps and cross walk striping. Staff estimates it will cost $267,142 (today's dollars) to complete the noted intersection improvements. Increases in construction costs have been calculated in accordance with Engineering News Record Cost Index procedures pursuant to Resolution 90-47. The improvement fee is calculated on the basis of property zoning and the intensity of traffic generated by each type of land use. The fees are shown below. The area prescribed for the collection of fees includes properties adjacent to Orchard Avenue, from Marlene Street to Kings Court, and along East Gobbi Street, from U.S. 101 to approximately 250 feet westerly of Orchard Avenue as shown in Exhibit B to Resolution 90-47. Most of the affected parcels have been developed at this time, however eight undeveloped parcels remain (Attachment C). As these parcels develop they will contribute approximately $44,567 (today's dollars). The fees by land use zone were established as follows: PD (R-2) Planned Development PD (R-3) Planned Development CL Light Commercial CN Neighborhood Commercial $763/acre $858/acre $7,894/acre $7,170/acre It is Staff's recommendation that the Council accept this annual report and determine that the fund has been properly reviewed as prescribed by Resolution and Government Code Section 66006. 1 9. 5 6 7 8- 9 10 11 19. 15 16 17 18 19 ~0 :~1 9.5 ~6 27 RESOLUTION NO. 90-47 ATTACHMENT...~__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING SOUTH ORCHARD AVENUE AND EAST GOBBI STREET TRAFFIC SIGNALIZATION FEE WITHIN THE CITY OF UKIAH WHEREAS, the City Council of the City of Ukiah has adopted Ordinance No. 882 creating and establishing the authority for imposing and charging off-site capital improvement fees within the City of Ukiah; and WHEREAS, a "Traffic Signalization Study-Orchard Avenue and 'East Gobbi Street" (hereinafter "Study") has examined the impacts of contemplated future development on existing public facilities in a study area identified in the Study along with an analysis of the need for new public facilities and improvements required by this new development. The Study sets forth the relationship between new development in this study area, the needed facilities, and the estimated costs of those improvements. The Study was prepared by the Public Works Department of the City of Ukiah, is dated April, 1990, and attached herein and..incorporated herein by this reference as Exhibit "A". WHEREAS, the Study was available for public inspection and review ten (10) days prior to the public hearing on this resolution; and WHEREAS, the City Council finds as follows: A. The purpose of this fee is to finance the Traffic Signalization of South Orchard and East Gobbi Street as described in the Study in order to reduce the impacts of increased vehicle and pedestrian traffic caused by new development within the Study area which is identified and described in the map of the study area, -1- 1 2 4 5 6 7 9 10 11 12 14 15 17 18 19 2O 21 23 24 25 26 27 28 attached hereto as Exhibit "B" and incorporated herein by reference. B. The traffic signalization fee collected pursuant to this resolution shall be used to finance only the public facilities described or identified in Exhibit "A" attached herein C. After considering the Study and the testimony received at the public hearing, the Council approves the Study, and incorporates such herein, and further finds that the new development in the area identified in Exhibit "B" will generate additional vehicle and pedestrian traffic and require traffic signalization facilities. .D. New development in the impacted area has or will create the need for traffic signals to service that area which has not been constructed. Said facilities have been called for in or are consistent with the City's General Plan. E. The facts and evidence presented establish that there is a reasonable relationship between the need for the described public facilities and the impacts of the types of development for which fees are established in Paragraph 3 below, for which the corresponding fee is charged. There is a reasonable relationship between the fee's use and the type of development for which the fee is charged. The fee charged to each development bears a reasonable relationship to the need for the public improvement contributed by the development. Ail of these relationships are in more detail described in the Study. F. The cost estimates set forth in Exhibit "A" are reasonable cost estimates for constructing these facilities, and the fees expected to be generated by new development will not exceed the total · of these costs. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the 1 5 6 ? 8 9 10 11 15 16 17 19 20 ~3 25 :/6 City of Ukiah that: '1. Definitions: (a) "New development" shall mean construction of any new structures, such as, but not limited to, residential commercial or industrial structures. This shall not include additions or modifications to existing structures. (b) "Base year" shall mean the first full year following the adoption of this resolution. 2. An Orchard Avenue and East Gobbi Street Traffic Signalization Fee shall be charged upon and paid prior to the issuance of any building permit for all new development in the benefit area depicted and described on the map attached hereto as Exhibit "B", except as otherwise specifically provided in Ukiah City Code Section 9543. The Community Development Department shall determine if the development lies within the benefit area, the type of development, and the corresponding fee to be charged in accordance with this resolution. 3. Fee. For new residential and commercial development, the base year fee per acre shall as follows: P.D. (R-2) Planned Development Residential Duplex (Medium High Density Residential) $763.00; P.D. (R-3) Planned Development (High Density Residential) $858.00; C-1 (Light-Commercial) $7,894; C-N (Neighborhood-Commercial) $7,170.00. The fees established herein for the base year shall increase each year thereafter based-upon the Engineering News Record Construction Cost Index. 4. Use of Fee. The fee shall be used solely to pay (1) for the --3-- 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 23 25 26 27 28 described public facilities to be constructed by the City; (2) for reimbursing the City for the development's fair share of those capital improvements already constructed by the City; or (3) to reimburse other developers who have constructed public facilities described in Exhibit "A" attached hereto, where those facilities were beyond that needed to mitigate the impacts of the other developers' project or proj ec ts. 5. Fee Review. If any fees collected pursuant to this resolution remain unexpended five (5) years after collecting any such fees, the City shall review the fees if and as required by Government Code Section 66001(d) or any amendments thereto. If some, but not all, fees collected pursuant to this resolution are expended as authorized herein, it shall be conclusively presumed that the fees first received are the fees first expended. 6. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to attack, review, set aside, void, or annul this resolution shall be brought within 120 days from the date this resolution is adopted. PASSED AND ADOPTED this 16th by the following roll call vote: AYES: NOES: ABSENT: None day of May , 1990, Councilmembers Wattenbur§er, Shoemaker, Schneiter, Hickey and Mayor Henderson None R:RES1 · ) Mayor -4- EXHIBIT "A" TRAFFIC SIGNALIZATION STUDY - ORCHARD AVENUE/EAST GOBBI STREET General Area of Benefit subject to Development Fee: Orchard Avenue, from Marlene Street. to Kings Court and East Gobbi Street, from U.S.101 freeway to a point approximately 250 feet westerly of Orchard Avenue. See map attached. 23.97 Acres ? Description of Public Facility to be Constructed Install 8-phase traffic signal with electronic controller, traffic sensor loops, signing, striping and concrete handicap pedestrian ramp facilities. Cost of ImproVements, (Estimated. flanuary 1990) Construction Cost Engineering (10%) Administration TOTAL AMOUNT $162,000 16,200 4,000 (1) $182,200 PROPOSED DEVELOPMENT FEE BY LAND USE ZONE AS FOLLOWS: (2) ZONING PD (R-2) PLANNED DEVELOPMENT PD (R-3) PLANNED qEVELOPMENT C! LIGHT COMMERCIAL CN NEIGHBORHOOD COMMERCIAL AMOUNT OF FEE/ACRE $ 763.00 858.00 7,894,00 7,170.00 (1) Estimated Administrative cost is intended to include all Staff 'costs such as initial Study, periodic review of fee, application of fee to specific parcels, and overhead costs. (2) Subject to annual adjustment based upon "Engineering News Record" Construction Cost Index. For administrative efficiency the basis for apportioning costs in this Study Area is the relative size (acres) of parcel because traffic generally occurs in relation to zoning of parcel. -1- TRAFFIC IMPACT STUDY - ORCHARD AVENUE/EAST GOBBI STREET SIGNALIZATION IMPROVEMENT FEES VEHICLE GENERATION ANALYSIS VEHICLE- % OF VEH.-TRIPS VEHICLES/ TRIP VEHICLES- NET AREA TRIPS ADDED ADDED BY ZONE ACRE FACTOR TRIPS/ACRE (ACRES) BY DEVELOPMENT DEVELOPMENT _ *PD (R-2) 29.0 4 116.0 4.74 550 3.79% *PD (R-3) 43.5 3 130.5 7.97 1040 7.17% C-1 120.0 10 1,200.0 5.76 . 6912 47.68% C-N 109.0 10 1,090.0 5.50 5995 41.35% 23.97 14497 100.00% ORCHARD AVENUE TRAFFIC THROUGH INTERSECTION Present No. of Vehicles, ADT Estimate of Total Added Vehicles (a) Traffic Equation: 6600 + 7248 Total Vehicles Through Signal, ADT = 13848 % Computation: 7248 + 13,848 = 52.34% Development Share of Signals: 52.34% x $182,200 = $95,366 ZONE % OF VEHICLE DEVELOPMENT TRIPS ADDED BY SHARE OF FEE/ DEVELOPMENT SIGNALS ACRES ACRE ~*.~D (R-2) 3.79% $3,617 4.74 $763 *PD (R-3) 7.17% $6,842 7.97 $858 C-1 47.68% $45,470 5 . 76 $7,894 C-N 41.35% $39,437 5.50 $7,170 100.00% $95,366 FOOTNOTES: *PD (R-2) (Multi-Family Residential) Med. High Density Residential per Land Use Map *PD (R-3) (Multi-Family Residential) High Density Residential per Land Use Map (a) Assumed at 50% of total vehicles added by development (not all new development traffic will use intersection) R:PW9 -2- 1990 VACANT PARCELS SOUTH ORCHARD AVENUE/EAST GOBBI STREET TRAFFIC SIGNALIZATION STUDY AREA EST'D PARCEL OR PORTION FEE/ AREA/SIZE EST'D OF, A.P.# ZONE ACRE ACRES FEE (s) 003-582-04 C-N $7,170 0.28 $ 2,008 179-050-29 C-N 7,170 2.81 20,i49 179-050-30 C-N 7,170 2.41 17,281 003-582-05,06 PD(C-1) 7,894 0.28 2,210 003-582-07 PD(C-1) 7,894 0.35 2,763 180-030-23 PD(C-1) 7,894 0.29 2,289 003-582-08 PD(C-1) 7,894 0.18 1,421 179-050-25 C-i 7,894 0.60 4,736 179-050-27 C-1 7,894 2.03 16,025 179-050-28 C-1 7,894 2.03 16,025 003-582-09,10 PD (R-2) 763 0.24 183 003-582-11 , 12 PD (R-2) 763 0.24 183 003-582-13,14 PD (R-2) 763 0.24 183 003-582-15,16 PD (R-2) 763 0.35 267 003-582-17,18 PD(R-2) 763 0.47 359 180-030-11 (MHD) PD(R-2) 763 0.93 710 180-030-16 (MHD) PD(R-2) 763 0.86 656 180-030-25 (MHD) PD(R-2) 763 1.41 1,076 180-030-11 (HD) PD(R-3) 858 3.16 2,713 180-030-16 (HD) PD(R-3) 858 2.63 2,258 180-030-25 (HD) PD(R-3) 858 2.18 1,871 23.97 $95,366 (3) See Ordinance No. 882. This column represents the total amount of funds that the City expects to collect, over time, from this fee as applied to vacant parcels. R:PW9 -3- I XXxx~xx LEGEND STUDY AREA BOUNDARY ~=':~;~~~ PORTION AFFECTED BY · 'i~.~"~.'~,~:~- '" -::~.,~:" ~..~~ PROPOSED FEE i i ,=, EXHIBIT "BI' CITY or UKIAH I ' TRAFFIC SIGNALIZATION STUO¥ · ' ORCHARD AVE./EAST G0881 ST. J A'n'AOHMENT,/~ 9542: PURPOSE: In various locations throughout the City public facilities such as streets, bridges, traffic signals, storm drains and sewer lines must be constructed or improved in order to accommodate the impacts from or provide access to new development in those areas. The City Council has determined that capital improvement fees must be established in order for that new development to contribute its fair share toward financing the construction of these improvements. (Ord. 882, {}2, adopted 1988) 9543: ESTABLISHMENT OF CAPITAL IMPROVEMENT FEES: A. Creation by Resolution: By resolution the City Council shall establish such capital improvement fees as it determines are necessary to contribute toward the financing of public facilities. Each such resolution shall: 1. Establish and describe the benefit and impact area within which the fee shall apply; 2. Set forth the specific amount of the fee; 3. List the specific public improvement or improvements to be financed; 4. Describe the estimated cost of these facilities, and associated costs such as necessary engineering services and administrative costs; 5. Describe the reasonable relationship between the fee and the types of new development to which it will apply; 6. Set forth the time when the fee must be paid as follows: a. As to residential development that time shall not be sooner than the date of final inspection or the date the certificate of occupancy is issued, whichever occurs first. The City shall not furnish utilities to occupants of any such residential development prior to final inspection and the issuance of a certificate of occupancy. The City shall disconnect utilities furnished to a residential development if that development is occupied prior to final inspection and the issuance of a certificate of occupancy. In accordance with the §§2136 to 2137, the City shall revoke the business license issued pursuant to Division 2 of this Code to any person (as defined in {}2100) engaged in a business (as defined in §2101), if such person participates as seller, broker or otherwise in the sale of a residential development to an occupant of that development before final inspection and issuance of a certificate of occupancy. The City shall not issue a new business license to a person whose license is revoked as provided herein for a period of two (2) years. I Bo b. As to all other development that time shall be at the time a building permit is issued. c. No certificate of occupancy or building permit, as appropriate, shall issue until the required fees are paid. "Building permit," "final inspections," and "certificate of occupancy," as used in this Section, have the same meaning as described in Sections 301, 305, and 307 of the Uniform Building Code, International Conference of Building Officials, 1985 Edition; 7. Set forth the method for reviewing or modifying the fee or its use. Procedure: The City Council shall adopt each resolution according to the following procedure: 1. The resolution shall be adopted at a public hearing at which any person may appear in person or in writing. 2. A fee study establishing the reasonable relationship between the fee and each parcel of property to which it will apply shall be available for public inspection for at least ten (10) days prior to the hearing. 3. Notice of the hearing shall be published in a newspaper of general circulation within the City ten (10) days prior to the hearing. The notice shall describe the public facilities to be financed with the fee, the area within which the fee will apply, the amount of the fee, and the times and location where the fee study is available for public inspection. (Ord. 882, {}2, adopted 1988) 9544: LIMITED USE OF FEES: The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to: mo Pay for the City's future construction of facilities described in the resolution enacted pursuant to {}9543, and all associated costs, such as engineering and administrative costs attributable to such facilities or to reimburse the City for those described or listed facilities constructed by the City with funds advanced by the City from other sources, or Bo Reimburse developers who have been required or permitted to install such listed facilities which are oversized for their development for such supplemental size, length or capacity. (Ord. 882, {}2, adopted 1988) Attachment "C" Traffic Signalization Study Orchard Ave.lEast Gobbi St. Z m Legend undeveloped Parcels ~ Traffic Signal Fund Parcels .a~Cels 0 425 850 Feet ,700 ITEM NO. 10b DATE: March 3, 2004 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF ORDINANCE AMENDING CHAPTER 12, SECTION 1965 OF THE CITY OF UKIAH MUNICIPAL CODE DESCRIBING PARCELS OF LAND AS PARKS AND RECREATION FACILITIES The City of Ukiah has been targeting the development of three new park facilities on City owned properties to add to the parks and recreation system. These facilities include the Observatory property, Riverside Park at the end of Gobbi Street and fronting the Russian River, and property acquired by dedication at the intersection of Cindee Drive and Orchard Avenue. Staff has attached a City map identifying the proposed park sites Funding limitations will prevent or delay the proposed facilities from being completely opened to the public, however, staff believes it is appropriate to officially designate these properties as City parks at this time as they are requiring some maintenance by parks staff. Incorporating the properties into the parks system will also improve the City's competitiveness for future park development grants, which could provide funds to complete or further improve the proposed facilities. (Continued on Paqe 2) RECOMMENDED ACTION: Introduce by title only ordinance amending Municipal Code Chapter 12, Section 1965 to include Observatory Park, Orchard Park, and River Park. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine adoption of ordinance requires further consideration and remand to staff with direction. 2. Determine adoption of ordinance is inappropriate and do not move to adopt. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: . N/A Larry W. DeKnoblough, Community Services Director ~).. ~'~ Candace Horsley, City Manager and Sage Sangiacomo, Community Services Supervisor Ordinance for Introduction City Map of Proposed Park Sites AP P ROVE D :, _.__.~J~ ~ ~~ LB/ZIP2 Candace Horsley, City M~ager ParksOrd.Asr Observatory Park The Observatory property is located at 432 Observatory, is approximately 2.5 acres, and has frontage on both Observatory and Luce Avenues. It was originally developed in 1899 as one of six sites around the world by the International Latitude Service and the U.S. Geodetic Survey for the purpose of measuring irregularities in the earth's rotation. The Observatory itself closed several years ago and the property was secured by the City through the Federal Lands to Parks Program. The site contains a full residence, built originally for Observatory staff, and several outbuildings, including the observatory structure. The structures are concentrated on approximately one third of the property toward the Observatory Avenue frontage. The remaining portion of the site is open space, which has been improved by the City to include irrigation and turf. Future improvements, contingent upon funding availability, include a walking path around the perimeter of the turf area and bordered by planter areas. Several ideas have been discussed for future use of the buildings including restoration to original condition and utilization of the house as an Observatory Museum. Staff is currently working with the Friends of the Observatory, a citizens group, to explore the possibilities. Orchard Park The Orchard Park property was acquired as a parkland dedication resulting from the South Orchard Avenue/Cindee Drive subdivision. The parcel is approximately 7,000 square feet and is located at the intersection of Cindee Drive and Orchard Avenue. The property has been improved to include irrigation and turf and is planned to include a small tot-lot playground and picnic tables. These improvements are being funded through a combination of park development funds and State park bond grants. Should funding be available, this park will be completed and open to the public by early summer. Riverside Park The proposed River Park property has been owned by the City for several decades and had previously been the site of the original wastewater treatment plant. The plant closed in the late 1950's after which the property was used for a short time as a shooting range. Most recently the north part of the property has been leased to the South Ukiah Little League and Rusty Bowl BMX group for youth sports activities. The site is approximately 40 acres with several hundred yards of river frontage and is accessible only by Gobbi Street. The City has received funding assistance for the park's development from the State Coastal Conservancy, which provided for a conceptual design and construction of a perimeter security fence. Future plans include parking, improved river access, additional sports fields, a demonstration wetlands restoration area, and picnic facilities. Although development of this facility is a long-term goal and heavily dependent upon additional outside grant funding, Staff believes the inclusion of this facility in the parks system is critical to obtain future state park bond grants. In order for the identified properties to be incorporated into the parks system it is necessary for the Council to amend Chapter 12, Section 1965 of the Municipal Code which identifies all official city parks. Staff is recommending the Council introduce the ordinance as provided in Attachment #1 of this report. ATTACHMENT / ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH, AMENDING CHAPTER 112, SECTION 1965 OF THE CITY OF UKIAH MUNICIPAL CODE, ESTABLISHING PARK FACILITIES THE CITY OF UKIAH DOES HEREBY ORDAIN AS FOLLOWS: CHAPTER 12, section 1965 of the City of Ukiah Municipal Code is hereby amended to read as follows: Section: FACILITIES: The following described parcels of land are parks and recreation facilities of the City and shall be known by the names indicated: A. TODD GROVE MUNICIPAL PARK- Bounded by Walnut, Live Oak Avenue, and Park Boulevard; B. GIORNO PARK - Situated next to Anton Stadium and lying between Giorno Avenue and Park Boulevard; C. CARPENTER PARK - Bounded by Clay Street and Main Street; D. McGARVEY PARK- Bounded by Stephenson, Bush, Dora, and Clay Streets; E. OAK MANOR PARK- Bounded by Oak Manor Drive, Gobbi, and Gibson Streets; F. SEMINARY AVENUE- Bounded by Oak and State Streets; G. VINEWOOD PARK- Situated between Elm and Pine Streets; H. MUNICIPAL GOLF COURSE- Situated along Live Oak Avenue and Park Boulevard; I. GARDNER POCKET PARK- Situated within Parking Lot A; J. ALEX R. THOMAS, JR., PLAZA- Bounded by State, School, and Clay Streets; K. OBSERVATORY PARK- Situated between Observatory Avenue and Luce Avenue; L. ORCHARD PARK- Bounded by Orchard Avenue and Cindee Drive; M. RIVERSIDE PARK - Situated at the east end of Gobbi Street and bordered on the east by the Russian River. Introduced by title only on March 3, 2004, by the following roll call vote: AYES: NOES: ABSENT: Adopted on by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Eric Larson, Mayor Gordon Elton, City Clerk Observatory Park Orchard and Riverside Parks ^TT~ENT..~.~-.., ~Z SH 101 RAMP SH 101 RAMP /'"-'"---"--'-NO NAME / / / / AGENDA ITEM NO: MEETING DATE: 10c March 3~ 2004 SUMMARY REPORT SUBJECT: SELECTION OF COUNClLMEMBERS FOR ANNEXATION AD HOC COMMITTEE At the February 18, 2004 meeting, the Council scheduled an educational annexation workshop for March 10th, from 5:00 - 6:00 p.m. The City's annexation consultants, Citygate Associates, will be in attendance to discuss City annexation procedures, including property tax exchange agreements, review of transfers of service responsibility, costs and revenues that occur when land is annexed to a city, and impacts of annexations on other governmental agencies. The Council also approved the formation of a Council ad hoc committee to meet with the consultants regarding an annexation strategy. The consultants are asking that this meeting be held on Thursday, March 11th, the day after the educational workshop. Staff is requesting that Council select two members to serve on this ad hoc committee that would meet in the morning of March 11 for approximately two hours. RECOMMENDED ACTION: Select ad hoc committee for annexation strategy meeting on March 11,2004. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Candace Horsley, City Manager N/A None Approved: Can~ce I-ior~l~y, City M--~ager 4:CAN/ASR.AnnexAdhocCmte.030304