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HomeMy WebLinkAboutMin 02-18-04 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, FEBRUARY 18, 2004 The Ukiah City Council met at a Regular Meeting on February 18, 2004, the notice for which had been legally noticed and posted, at 6:30 p.m. Roll was taken and the following Councilmembers were present: Rodin, Andersen, Baldwin, and Mayor Larson. Councilmember absent: Smith. Staff present: Administrative Analyst/Project Engineer/Manager Burck, Wastewater Treatment Plant Supervisor Gall, Risk Manager/Budget Officer Harris, City Manager Horsley, Wastewater Treatment Plant Operator Jamison, Interim Public Utility Director Kennedy, Accounting Manager McCann, City Attorney Rapport, Deputy Public Works Director Seanor, Planning Director Stump, and Deputy City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Members of the California Conservation Corp led the Pledge of Allegiance. 3. PRESENTATION 3a. Adoption of Resolution Supporting Retention of the California Conservation Corps Residential Center in Ukiah Mayor Larson explained that the proposed State budget includes significant reductions to funding for the California Conservation Corps (CCC). This will severely compromise CCC's ability to meet the needs of Ukiah and provide valuable services to the North Coast. The City Council has been requested to support the retention of the Residential Center in Ukiah. Deputy City Clerk Ulvila read the resolution in its entirety. M/S Andersen/Baldwin adopting Resolution 2004-22 supporting the retention of the California Conservation Corps Residential Center in Ukiah, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmember Smith. Mark Covello, with the CCC, discussed the CCC facility in Ukiah which has been in place for the past 19 years. 3. PRESENTATION 3b. Presentation by Mendocino County Youth Project Charlie Seltzer, representing the Mendocino County Alcohol and Other Drug Programs, provided a presentation to the City Council regarding the status of Crossroads, the youth drop-in center located in downtown Ukiah. The state no longer supports this program and they don't have a way of staying open after March 1,2004. Lyle Coburn, current Crossroads Manager, discussed the programs and activities serving youth. J.P. Banks, member of the Board of Directors and volunteer at Crossroads, wanted the City to be aware of the situation that will be affecting the youth of Ukiah. 4. APPROVAL OF MINUTES Regular City Council Meeting February 18, 2004 Page 1 of 10 4a. Adiourned Regular Meeting of January 77 2004 Deputy City Clerk Ulvila noted that the footer at the bottom of each page should be changed to "January 7, 2004". She also noted that on page 4 of 9, the third paragraph should read, "Topics discussed by members of the audience centered on the need to obtain more data concerning the rate increase and population growth, and not having new developments pay a higher connection fee or it will deter further development." M/S Baldwin/Rodin approving the minutes of the Regular Meeting of January 7, 2004, as corrected, and carried by unanimous consent. 4. APPROVAL OF MINUTES 4b. Re.qular Meetin.q of January 217 2004 Councilmember Baldwin referred to page 4 and noted the first sentence in the second paragraph under "Council Reports" should read, "Councilmember Baldwin reported on the recent Russian River Watershed Council meeting." M/S Andersen/Rodin approving the minutes of the Regular Meeting of January 21, 2004, as corrected and carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmember Smith. 5. RIGHT TO APPEAL DECISION Mayor Larson read the appeal process. 6. CONSENT CALENDAR M/S Baldwin/Rodin approving item "a" through "f" of the Consent Calendar as follows: a. Approved Disbursements For Month Of January 2004; b. Rejected Claim for Damages Received from Toni Hoag, Michael E. Lane and Teresa J. Girelli, and Elise L. Vecchia, and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; c. Awarded Bid for Various Pole and Pad Mount Transformers in the Amount of $57,504.24 to Western States Electric and Wesco; d. Adopted Resolution 2004-23 Requiring Use of City of Ukiah Claim Form; e. Received Report of Emergency Purchase of Contractual Services for the Repair of Electrical Distribution Cable; f. Received Report of Expenditure for Professional Services Costing Between $5,000 and $10,000. Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmember Smith. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Mike Decker, 601 Redwood Avenue, discussed taxes, dogs on his property and his attempt to make a living wage. al PUBLIC HEARING Regular City Council Meeting February 18, 2004 Page 2 of 10 8a. Public Hearin.q to Consider Increases in Sewer Connection Fees to Finance Improvements at the Ukiah Wastewater Treatment Plant Interim Public Utility Director Kennedy advised that at the January 7th meeting, staff presented to the City Council a proposed residential connection fee based on the number of bedrooms in a residential living unit. The City Council directed staff to reduce the difference between the connection fees for one, two and three bedroom residential structures, research the projected growth rate and provide a cost analysis. Staff prepared two proposed options for residential sewer service connection fees per Equivalent Sewer Service Unit (ESSU) and he discussed Staff's recommendation as contained in the Staff Report. Project Manager Burck discussed the two options provided by staff for residential dwellings which are based on the number of bedrooms. She also discussed proposed rates for commercial and industrial uses as well as for hotels/motels. The working notes from the City's Planning Department estimates Ukiah's annual growth rate to be 1% to build-out in 2015. The Draft Ukiah Valley Area Plan estimates population growth from 2000 to 2020 to be 33% or a 1.65% annual growth rate. According to the "March 2003 Sewer Statistics" report published by the City's Finance Department, 26% of the residential connections and 27% of the commercial connections within the City limits are District customers. If these percentages remain the same from 2004 through 2025, then 36.7% of the new connections will be added in the City and 64.3% in the District. Therefore, the cost to the City for the new connections is $7,550,925 and the cost to the Ukiah Valley Sanitation District (District)is $13,229,551. Staff recommended adopting the progressive fee schedule, Option A, to account for differences in sewage volume from residential structures based on the number of bedrooms and indexed to the base utilized for the adopted ESSU. Discussion followed with regard to the proposed options based on the number of bedrooms as well as aspects of the proposed Ordinance. There was also some discussion concerning the methodology of the calculations and the use of projected population growth rates from the General Plan, and possible expansion of the District. Staff discussed occupancy rates for motels and that it is estimated to be 50% in Ukiah. Councilmember Andersen cautioned about under funding of commercial connection revenues. He questioned why motels have a lower fee while large apartments are charged more. (Tape l-B) City Manager Horsley explained that motels have a 50% lesser impact on the City's sewer system than apartments. She explained that staff will be meeting to discuss programs dealing with restaurants to improve the sewer system. City Attorney Rapport reminded Council that the Report recommends Council provide a definition for a bedroom. Public Hearing Opened: 7:26 pm Regular City Council Meeting February 18, 2004 Page 3 of 10 Jim Mulheren was of the opinion that Councilmember Andersen has animosity toward businesses in Ukiah. John McCowen spoke in support of the proposed increases for new hookups. Those speaking in opposition to the proposed increases and recommending further study were: Jeff Trouette, Jerry Harris (representing the Employers Council of Mendocino County), and Andy Nichol. Richard Shoemaker, a member of the Mendocino County Board of Supervisors and Ukiah Valley Sanitation District Board, discussed a different way to finance the project that he would like Council and for the Sanitation District to consider. He provided a printout of a recommended fee schedule to Council. It was his desire that the City and the Sanitation District would have the same rates. Rick Ruddick, property owner across the river from the treatment plant, explained that water use incentives should be implemented as well as an education program, especially if there is a water crisis. Public Hearing Closed: 7:52 Vice Mayor Baldwin preferred Option B and felt that Council should consider user fees and connection fees at the same time. The project is for the expansion part of the treatment plant and he felt current users should not pay for it. Councilmember Rodin agreed with Option B however, she did not see the advantage in Mr. Shoemaker's proposed fee schedule. Councilmember Andersen preferred that the Council and District work on the fee schedule together and was not supportive of Staff's proposal. Project Manager Burck explained that the project would move forward even if the District doesn't act, however, they would not be provided new connections. Mayor Larson advised that the Sanitation District would also be obligated to pay for whatever new connections they create. He discussed the District's options and the benefits to them. He felt strongly that the City adopt a collection formula that begins to pay for the expansion of the treatment plant. If the City did not receive a commitment from the District, the City would most likely cancel the expansion portion of the project for the new connections in the District. He also preferred Option B and the incentive for housing. He was unsure about increasing the motel rate. (Tape2-A) M/S Andersen/Baldwin to reopen the Public Hearing, and carried by unanimous consent. Public Hearing Reopened: 8:08 p.m. Regular City Council Meeting February 18, 2004 Page 4 of 10 Richard Shoemaker discussed presenting his proposal to the District at their last meeting and thought it would be good if the District and the City had the same rates. He recommended holding a ioint meeting of the Council and the District in the near future. James Mulheren discussed motel occupancy rates and thought that a 50% occupancy rate was a stretch. Bruce Foster questioned the design of the plant and if there is a provision for reclamation of water. He felt that the TOT would be able to provide a more accurate rate of occupancy for motels. City Manager Horsley explained that reclamation is part of the study but not part of the project itself. The City is working with the Russian River Watershed Association on an urban water management plan to cover all of those issues. Public Hearing Closed: 8:11 p.m. Councilmember Baldwin, after some discussion with staff concerning the rate structure, suggested that the fee for each additional bedroom be $1,500 under Option B. Motion by Andersen to research additional bedrooms using the TOT for motels and arrange for a joint meeting with Sanitation District and the City Council. Motion failed for lack of second. M/S Baldwin/Rodin introducing Ordinance by title only utilizing the fee structure of Option B. It was the consensus of Council to direct Staff to provide Council with the TOT for hotels/motels, to research the additional bedroom rate of $1,000 for each additional bedroom added to an existing structure, and if the proposed rate is an appropriate assessment. Discussion followed with regard to working with the District and formulating a rate structure. Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmember Smith. Deputy City Clerk Ulvila read the title of the Ordinance, "An Ordinance of the City Council of the City of Ukiah amending portions of Section 3731A, Article 12, Chapter 2, and Division 4 of the Ukiah Municipal Code pertaining to sewer connection charges." M/S Rodin/Baldwin introducing Ordinance, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmember Smith. Regular City Council Meeting February 18, 2004 Page 5 of 10 Recessed: 8:27 p.m. Reconvened: 8:33 p.m. 8b. PUBLIC HEARING Adoption of the Initial Study/Mitigated Negative Declaration for the Water System Improvement Project and Approval of SPH Associates' Desi_cln Recommendation for the Water System Improvement Project ana Authorization to Proceed with Final Desi_~n Project Manager Burck discussed the project and explained that it consists of storage tanks, the treatment plant, and a high service pump station. She went on to discuss details of the project as provided in the Staff Report to Council. The total probably project cost is estimated at $10,950,000. The City has decided to separate the reservoir and the treatment facilities construction projects. She also discussed the needed redundancy in the treatment capacity matching the permit capacity and the water quality standards. She continued to describe the status of the Ranney Collector and laterals. Councilmember Andersen expressed concern for the area near the Golf Course and residential sites, and questioned whether the mitigations were sufficient for the scenic view sheds and to have the water tanks on the hillside aesthetically pleasing to the eye. Planning Director Stump discussed the project as it relates to CEQA guidelines and explained that a comprehensive Initial Study document was prepared. He advised that many technical studies were done and he discussed the consultant's determination with regard to detrimental impacts and developing a mitigation program. With regard to aesthetic impacts, it was his opinion that they are adequately addressed. The storage tanks are sited at a Iow elevation and will be colored to blend in with the natural environment. The report concluded that the mitigations would offset the impacts adequately. The report includes a mitigation monitoring program to ensure that the mitigations are implemented. Councilmember Baldwin referred to page 39 of the Environmental Review/Initial Study concerning population and housing and its conclusion. Gary Broad, consultant, advised that the conclusion was based on the information that Project Manager Burck provided for doubling the treatment plant and the historical usage of Ukiah. He also addressed the fact the City is essentially built out. Councilmember Larson was of the opinion that increasing the capacity of the plant would not necessarily be growth inducing. If the City were to rebuild the infrastructure to increase its capacity, he inquired if the delivery system would be growth inducing. (Tape 2-B) Director Stump stated a biological assessment of the project was completed because of the potential wildlife habitat value of the Golf Course site and potential impacts of the water tanks grading and filling activity. A preliminary geotechnical investigation for the water system improvements was also completed. All of these technical studies are required of the Hillside Zoning Regulations. Regular City Council Meeting February 18, 2004 Page 6 of 10 Councilmember Baldwin inquired if the project is located in the flood plain, what would happen if there were a major flood, and the impact on the fishery. Director Stump stated that the project is not in the floodway. He discussed construction code requirements and mitigation measures addressed in the document. Public Hearing Opened: 9:12 p.m. Lee Howard, 3900 Parducci Road, Ukiah, discussed the flood in 1964 and his opposition to the cut and fill at the Golf Course for the storage tanks with regard to aesthetics. He provided a letter to Council dated February 18th, which he read into the record. He voiced is objection to the project going forward without a full Environmental Impact Report (EIR). Public Hearing Closed: 9:38 p.m. Director Stump addressed the geotechnical and soils analysis contained in the document. It was his opinion that they are adequate to offset any potential impacts to the project. He discussed the correction made to the FEMA map that adjusted the floodway boundary. Staff would like to incorporate that statement into the Study by reference. He went on to discuss the mitigation program and long term maintenance and growth program for the trees, noting that it is very detailed. Mr. Broad was of the opinion that some of the comments fall within the speculation caption. CEQA is very specific to look at specific impacts. City Attorney Rapport recommended continuation of the Public Hearing to the next Council meeting so that Staff could provide further analysis. (Tape 3-A) M/S Rodin/Baldwin to continue the Public Hearing to the March 3rd Council meeting. Councilmember Baldwin inquired if there are any changes in the interties. City Manager Horsley confirmed that there has been no change and that it is all based on emergency use only. Motion carried by unanimous voice vote. 9. UNFINISHED BUSINESS 9a. Approval of Revisions to the Road Improvement and Land Use Agreement Between the City of Ukiah and County of Mendocino It was the consensus of the Council to continue the matter to the March 3, 2004 meeting. 10. 10a. NEW BUSINESS Discussion and Direction Regarding the City of Ukiah Sphere of Influence Boundary Regular City Council Meeting February 18, 2004 Page 7 of 10 Planning Director Stump advised that the current Sphere of Influence for the City of Ukiah was adopted in 1982 and he discussed the boundaries of the proposed new Sphere of Influence. There is a need to determine if the current or 1995 General Plan proposed Sphere of Influence is appropriate for the City over the next 10-15 years. No annexations can occur without the Sphere of Influence being consistent with the General Plan, and there is a current need to annex City-owned land adjacent to the airport and sewer treatment plant, and the Rural Communities Housing Development Corporation (RCHDC) project parcel in the Brush Street Triangle. He advised that the General Plan adopted in 1995 determined that the City should reduce its Sphere of Influence. Discussion followed with regard to potential annexation areas such as the Lovers Lane area, agricultural lands adjacent to the City limits, assertive and aggressive annexation policies in the past, and the process of urban development thereby utilizing City services. Discussion was also had with regard to enlarging, rather than reducing, the City's Sphere of Influence. 10:24 p.m. Opened to the public comment John McCowen spoke in favor of maintaining the City's current Sphere of Influence boundary. Bill Randolph, expressed his interest in maintaining protection for agricultural land. Ms. Carri Brown, representing the Farm Bureau, was of the opinion that the City's present Sphere of Influence should not be what the City's build-out area would be in 20 years. She discussed the farm ordinance for farmers. Lee Howard advised that he worked on the General Plan Steering Committee and that it was a unanimous decision was made to set the boundaries as they area now. (Tape 3-B) James Mulheren stated that the Sphere of Influence should include the Boonville Road area. Discussion continued between Council and Staff with regard to the time factor associated with proposed annexation projects and it was felt that Staff should continue to research the matter and provide input to Council. The Ukiah Valley Area Plan as well as development near the freeway and other areas were discussed. It was the consensus of the City Council to proceed to LAFCO with the 1995 General Plan recommended Sphere of Influence. 10. NEW BUSINESS lOb. for City Council Priorities Session for Fiscal year 2004-2005 After a brief discussion, it was the consensus of the City Council to hold a Council priorities session for Fiscal Year 2004-2005, beginning at 5:00 p.m. in Conference Regular City Council Meeting February 18, 2004 Page 8 of 10 Room #4 at the Civic Center on March 17, 2004, with the regular City Council meeting to follow. 10. NEW BUSINESS 10c. Set Date for a Workshop with the City.clate Associates City Manager Horsley advised that the City Council approved a contract with Citygate Associates to develop a strategy for annexation and revenue sharing. The consultants have recently completed an interim report that defines annexation procedures and property tax exchange basics. Due to the timeliness of the development of this strategy, she recommended the Council's approval of a special educational workshop in order to discuss this issue. An ad hoc committee would be set up to discuss strategy. After a brief discussion, it was the consensus of the Council to select the date of March 10th from 5:00 to 6:00 p.m. for discussion with Citygate Associates concerning their interim report on annexation. 11. COUNCIL REPORTS Councilmember Baldwin discussed holding a joint meeting between the City Council and the Ukiah Valley Sanitation District. He referenced the Texaco sign at the former gas station on Perkins Street on the east side of the freeway. Mayor Larson reported that he went to Willits for the local coalition meeting for signature gathering with Amy McGorman from the League of California Cities. Unfortunately no one else showed up. He discussed packets delivered to Councilmembers to collect signatures. He stated that he advised Ms. McGorman that the City would be focusing its efforts on the passage of the sales tax ballot measure for the March election. 12. CITY MANGER/CITY CLERK REPORTS City Manager Horsley reported the City has been told by the state that its STIP funds are being delayed. She provided Council with an update of the projects Council previously approved. She also provided a report to Council with regard to the Golf Course and noted that General Funds have not been used to support the Golf Course because there have been reserves to cover it. Deputy City Clerk Ulvila reported that both her and Police Detective Randy Johnson spoke before the Soroptimist's club today regarding Measures F and G and provided them with educational materials. Adjourned to Closed Session at: 11:00 p.m. 13. CLOSED SESSION a. Conference with Legal Counsel- Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9 (1 case) No action taken. Regular City Council Meeting February 18, 2004 Page 9 of 10 b. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 (1 case) No action taken. c. Conference with Legal Counsel- Existin_~ Litiqation Subdivision (a) of Government Code Section 54956.9, Potter Valley Project (FERC No. 77-110) No action taken. 14. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 11:40 p.m. i Marie Ulvila, Deputy City Clerk Regular City Council Meeting February 18, 2004 Page 10 of 10