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HomeMy WebLinkAboutMin 03-03-04 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 3, 2004 The Ukiah City Council met at a Regular Meeting on March 3, 2004, the notice for which had been legally noticed and posted, at 6:31 p.m. Roll was taken and the following Councilmembers were present: Rodin, Andersen, Smith, Baldwin (arrived at 6:34 p.m.), and Mayor Larson. Staff present: Administrative Analyst Burck, Community Services Director DeKnoblough, Senior Civil Engineer Eriksen, Risk Manager/Budget Officer Harris, City Manager Horsley, Wastewater Treatment Plant Operator Jamison, Interim Public Utility Director Kennedy, City Attorney Rapport, Deputy Public Works Director Seanor, Planning Director Stump, and Deputy City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Mark Hedges led the Pledge of Allegiance. 3. PRESENTATION/PROCLAMATION 3a. Adoption of Resolution Supporting KZYX Studio in Ukiah Councilmember Smith read the Resolution aloud. M/S Smith/Andersen adopting Resolution 2004-24, supporting the creation of a Ukiah Valley Studio for Public Radio KZYX; carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. Barry Vogel, representing KZYX radio, thanked Council for the recognition. 3. PRESENTATION/PROCLAMATION 3a. Proclamation: 66th Annual Redwood Region Logging Conference Mayor Larson read the Proclamation urging 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 workers, their families, and their significant contribution to communities throughout the Redwood Region. Mr. Adam Steinbuck, on behalf of the conference, advised that their theme is "California Grown", centering on environmental storage, and other associated areas. He extended an invitation to everyone to participate in conference and noted one day is devoted to the education of students in the area. 4. APPROVAL OF MINUTES 4a. Re_~ular Meeting of February 47 2004 Deputy City Clerk Ulvila advised that an amended copy of the Draft minutes of the February 4th City Council meeting was distributed to Council and staff. 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. Staff informed her that CDBG requires certain information be included in the minutes, therefore the first two paragraphs under this title have been amended. Regular City Council Meeting March 3, 2004 Page 1 of 10 Councilmember Rodin referred to page 10, under her Council Report, the last sentence should read "She noted that their Ukiah residential facility is scheduled to close and they are soliciting letters of support to keep the facility open. Mayor Larson referred to page 9, the first sentence in the fourth paragraph beginning with "2" should read, "2) design standards should be written into this Agreement so the County could not get out of their obligation by making a statement of overriding considerations". M/S Smith/Rodin approving the minutes of the Regular Meeting of February 4, 2004, as amended, carried by a unanimous all "AYE" voice vote of the City Council. 5. RIGHT TO APPEAL DECISION Mayor Larson read the appeal process. 6. CONSENT CALENDAR M/S Rodin/Smith approving item "a" through "h" of the Consent Calendar as follows: a. Awarded Bid for 2004 Complete Aerial Unit with Cab and Chassis to Altec Industries, Inc. for the Sum of $69,617.05; b. Received Report of Acquisition of Data Conversion Services from L.R. Hines Consulting, Inc. in the Amount of $6,750; c. Awarded Bid for 2004 Extended Cab, Compact Pick-up Truck to Lasher Dodge in the Amount of $14,341.47; d. Awarded 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. Approved Budget Amendment in the Amount of $10,000 for Special Legal Fees Related to Litigation by River Watch; f. Awarded Purchase of Sodium Bisulfite, 25% Solution to Basic Chemical Solutions Inc. in the Amount of $8,440; g. Received 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. Approved Budget Amendment in the Amount of $725 to Pay for Repairs to the Pumps Supplying Water to the Lake Mendocino Fish Hatchery. Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address Council. 8. PUBLIC HEARING 8a. Adoption of the Initial Study/Mitigated Negative Declaration for the Water System Improvement Proiect and Approval of SPH Associates' Design Recommendation for the Water System Improvement Proiect and Authorization to Proceed with Final Design (Continued from February 18th) Planning Director Stump explained that at the February 18, 2004 City Council meeting, the Council conducted a public hearing to consider the adoption of a Mitigated Regular City Council Meeting March 3, 2004 Page 2 of 10 Negative Declaration for the water system improvement project. After public 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 concerns. Staff provided Council with the information it requested in the Staff Report and recommended 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. Director Stump discussed the comments and responses in his Staff Report related to geotechnical/soils, aesthetics related to screening of the proposal tanks in the hillside area, potential impacts on fishery resources, concern that the existing water treatment site is being proposed in the floodway, future investigating of new sources, and environmental conclusions. City Attorney Rapport discussed his February 26th memorandum to the City Council with regard to questions raised at the previous meeting 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. He advised that this afternoon he received a copy of written comments from to Mr. Lee Howard which had been sent to the homes of the City Council members, but not to the City or City Clerk. Rapport responded to questioning by Vice-Mayor Baldwin concerning whether the City could consider as separate projects the storage tanks construction and the water treatment plant upgrades, by stating that the City needs to construct the storage tanks whether or not anything else happens. Project Engineer/Manager Burck explained that if the construction of the tanks were separated from the rest of the project, staff is concerned that the City is having to run the treatment units beyond their duty cycle rating and is unable to take one off line for servicing. There has been a potential for premature failure of the pumps and they are not lasting as long as they should. Interim Public Utilities Director Kennedy stated that the Ranney Collector has decreased in production. Discussion continued with Council inquiries of Staff with regard to various sections of the Initial Study, how the project may relate to the Orrs Creek Bridge project, and a mandate that the water the City treats meet its maximum peak demand. Staff discussed in detail how the calculations were derived for the maximum day demand and also discussed treating the water. Staff also responded to Council's inquires concerning the functioning of the Ranney Collector and noted that the Ranney Collector is considered an existing well. Discussion continued with regard to needing additional source capacity Mayor Larson advised that the materials submitted by Mr. Howard had been sent directly to individual Council members and he inquired of Staff if they had seen the documents. Staff responded that they had not seen Mr. Howard's documents until tonight. Regular City Council Meeting March 3, 2004 Page 3 of 10 Smith/Andersen to open public hearing, carried by unanimous consent Public Hearing Opened: 7:18pm. (Tape l-B) Lee Howard, Parducci Road, Ukiah, distributed a letter dated March 1, 2004 as well as a Supplemental Report responding to City staff's report and the City Attorney's memo. He read his letter into the record and requested the supplemental report also be entered into the record. He advocated that the City should prepare an EIR for the project. He felt that the Initial Study did not address fisheries and sedimentation. Rick Ruddick, Ukiah, discussed the fishery issues and sedimentation that are dealt with by many businesses in the valley. Public Hearing Closed: 7:31 p.m. Discussion continued with regard to the procedure for the FEMA map change and why it was changed. Staff discussed the history of when the project was first proposed in 1992 as well as the delineation of the flood plain and floodway on the FEMA map and its relationship to the treatment plant site. It was noted by Staff that at the time of the wastewater treatment plant construction in 1992, the floodway was not delineated on the FEMA maps. Councilmember Andersen advised that he is very skeptical of the process of FEMA's decision to change the map and of what science says even though FEMA's decision to change the map prevails. It was his opinion that the plant could be affected by a major flood. He concurred with Mr. Howard that the City should do an EIR for the project. Project Manager Burck stated that based on the evidence and facts, staff thought a Mitigated Negative Declaration is sufficient for the project. Interim Public Utilities Director Kennedy explained that the elevation of the floor of the plant is above the 100-year flood level. He went on to discuss the FEMA study and procedures, noting that the consultants did additional studies to pin down the floodway more accurately. Councilmember Baldwin was of the opinion that the floodway issue is critical and felt the project has growth potential and needs an EIR. City Attorney Rapport responded to questioning regarding whether the Mitigated Negative Declaration was adequate to build the storage tanks, by responding that if the Negative Declaration is adequate for the larger project, it would be adequate for a smaller project. Mayor Larson discussed the urgency for the design and construction of the tanks and that if the project were to be separated; the construction of the storage tanks could proceed. He expressed some concern with waste storage in the flood plain that may need further analysis. Regular City Council Meeting March 3, 2004 Page 4 of 10 Director Kennedy explained that an estimated 25 cubic yards per year of colloidal material is taken out of the basins and on site. He referred to Mr. Howard's comment that approximately 100 cubic yards per year is taken out. The City is not expanding the back wash basin, just the number of treatment filters are expanding. City Attorney Rapport explained that an EIR would be necessary if there were substantial evidence in the record upon which to have a fair argument that the project may have an unmitigated adverse environmental impact. He further stated that substantial evidence could include facts, not conjecture or speculation, or expert opinion based on facts. On the other hand, based on speculation was not substantial evidence. He stated that Mr. Howard's statements about the impact on fish habitat in the Russian River during a future storm event like the 1964 flood resulting from storing on-site backwash material from the water filters was lay opinion based on speculation, and would not constitute substantial evidence. Councilmember Rodin was of the opinion that the storage of silt is currently happening right now, and for that reason, was not an environmental impact from the project. She also felt there are separate issues about expanding the treatment plant and adding storage tanks. Councilmember Andersen inquired if there is a provision in CEQA with regard to a certain amount of concern expressed by the public that would trigger an EIR. It was his opinion that it makes sense, with regard to this particular project, to look at the bigger picture and larger cumulative impacts, and to prepare an EIR. He stated that he gives Mr. Howard credit for the concerns he expressed. Director Stump responded by stating that it related to substantial evidence of fact. City Attorney Rapport stated that in determining whether an affect will be adverse or beneficial, the City Council must consider the views held by members of the public as expressed in the whole record but in determining what the effects will be, the decision must be based on substantial evidence in the record. Councilmember Rodin, in response to Councilmember Andersen's statements, advised that there is no water source project at hand to make that assumption. It was her opinion that an EIR would not answer the question of the bigger picture or its implications. City Attorney Rapport explained that if an EIR is required by the City Council, a decision will have to be made with regard to its scope. He discussed some of the assumptions and comments made by the public and that everything is based on the concern if additional water becomes available. He stated that it is currently speculative whether, which kind and how much water can be developed. The Council could make assumptions and base the scope on those assumptions of an EIR. He stated that, based on the record, he felt he could defend a Mitigated Negative Declaration if court action is filed. Regular City Council Meeting March 3, 2004 Page 5 of 10 (Tape 2-A) City Attorney Rapport continued to discuss Mr. Howard's Supplemental Report that was submitted into the record and noted some inaccuracies. He did not think any of the points raised by Mr. Howard change his opinion and he has responses to all of Mr. Howard's statements. M/S Smith/Rodin adopting the Initial Study/Mitigated Negative Declaration for the Water System Improvement Project. Discussion continued with regard to providing additional source capacity with the storage tanks and the treatment of the water. It was noted by staff that should new sources of water be found, it would require an EIR. Councilmember Baldwin was of the opinion that the City should proceed with construction of the storage tank project but require an EIR for the treatment plant. If the Orrs Creek Bridge required an EIR, he believed that the water treatment plant project requires as EIR. Mayor Larson stated that he did not think this is a growth inducing project. He discussed the City's needs and the stress on the treatment plant to meet the City's current needs inside its boundaries. He discussed the EIR for the Ukiah Area Plan. It was his opinion that this project isn't of a scope and scale needing an EIR for growth inducement purposes. He felt the sedimentation pond is an existing condition and is outside the scope of the project. Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Smith, and Mayor Larson. NOES: Councilmembers Andersen and Baldwin. ABSTAIN: None. ABSENT: None. M/S Smith/Rodin approving SPH Associates' design recommendation for the Water System Improvement Project and Authorize Staff to proceed with the final design; carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, and Mayor Larson. NOES: Councilmember Baldwin. ABSTAIN: None. ABSENT: None. Recessed at: 8:25 p.m. Reconvened at: 8:35 p.m. 9. UNFINISHED BUSINESS 9a. 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 Interim Public Utilities Director Kennedy advised that 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 reconnection fees. He went on to discuss Staff's research and other information included in the Staff Report to Council. He also recommended Council adopt a sewer Regular City Council Meeting March 3, 2004 Page 6 of 10 connection fee in the amount of $3,504 for each bedroom added to an existing residential structure. Councilmember Andersen referred to page 3 of the Staff Report regarding residential connection fees for a bedroom addition and expressed concern that additions to existing homes would need to pay higher fees. It was his opinion that the City should make it easier to build on to an existing structure as opposed to someone building a new home. Director Kennedy explained Staff's recommended options previously presented to Council. It is staff's proposal that the fee be based on the number of bedrooms. City Attorney Rapport explained that staff's proposed connection fees are based on a methodology and formula tied to the number of bedrooms created and the number of people the structure could house and that staff continues to recommend that the addition of a bedroom to an existing structure be changed to $3,504 per added bedroom which represents 40% of the base ESSU. (Tape 2-B) Councilmember Baldwin recommended the fee be $2,500 for a bedroom to an existing home and that this same amount would apply to each addition of to each additional bedroom above 3-bedrooms for a new home. Councilmember Rodin recommended splitting the fees and making it the same so that it would cost $1,000 for three bedrooms or more and would cost $2,500 for anything over that. Any room adding to an existing home would be charged $2,500 per room. Jim Mulheren concurred with Councilmember Baldwin with regard to home improvement projects. He discussed the average resale value of homes in Mendocino and Sonoma County. M/S Andersen/Rodin amending Ordinance, that (1) a sewer connection fee in the amount of $2,500 be charged for each bedroom added to an existing residential structure; (2) that each additional bedroom over three bedrooms would be charged a fee of $2,500 in addition to the 3-bedroom fee of $9,759; and to accept Staff's proposal that the connection fee for motels/hotels be changed from $1,000 per ESSU to $4,380 per ESSU, to include Staff's recommended fee structure for motels and hotels, for 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; carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10a. Annual Review of Traffic Signalization Fund for South Orchard Avenue and East Gobbi Street Senior Civil Engineer Eriksen advised that the traffic signalization improvement fund for the intersection of South Orchard Avenue and East Gobbi Street was adopted on May 16, 1990. This fund was established to finance the construction of a traffic signal Regular City Council Meeting March 3, 2004 Page 7 of 10 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. He summarized the funding sources and estimated additional funding required for the improvement project. He reported that the recent State budget crisis has caused delays to the STIP funding availability causing STIP funded projects to be delayed. City Attorney Rapport advised that the City would have to identify the public improvements needed for the fee and how much it will be constructed and base the fee on the allocation of all of the projects. He stated that if the City did not do the specific project, it would have to return the money back to the property owner or obtain an agreement from them. Discussion followed with regard to using other funding, such as TEA funds, to assist in financing certain projects. City Manager Horsley discussed the comprehensive traffic study that is being conducted and noted there may be a way to free up a lot of traffic just by changing the signal timing and coordinating signals. Councilmember Andersen expressed concern that it is a badly congested intersection and that the City needs to move forward as soon as possible. He suggested using some of the North State Street Fire Station funds to get the project done. It was the consensus of the City Council to accept the Report and determined that South Orchard Avenue and East Gobbi Street Traffic Signalization Fund are appropriately reviewed. 10. NEW BUSINESS 10b. Introduction of Ordinance Amending Chapter 127 Section 1965 of the City of Ukiah Municipal Code Describing Parcels of Lend as Parks and Recreation Facilities Community Services Director DeKnoblough advised that the City has three new park facilities on City owned properties to add to the parks and recreation system. He acknowledged that under current budget restrictions, the City may not be able to open them at this time. The park 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 Cindee Drive and Orchard Avenue. M/S Smith/Rodin introducing Ordinance by Title only, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES' None. ABSTAIN: None. ABSENT: None. Deputy City Clerk Ulvila read the title of the Ordinance, "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. Regular City Council Meeting March 3, 2004 Page 8 of 10 M/S Smith/Baldwin introducing Ordinance, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10c. Selection of City Councilmembers for Annexation Ad Hoc Committee City Manager Horsley advised that at the February 18, 2004 meeting, the Council scheduled an educational annexation workshop for March 10th, from 5:00 0 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. It was the consensus of Council to selected Mayor Larson and Councilmember Rodin to the Annexation Ad Hoc Committee. Council further directed Staff to invite representatives from the County staff or Board members, members of LAFCO, and County and City Planning Commissioners. 11. COUNCIL REPORTS Councilmember Andersen reported that is disappointed with the outcome of Measure G at the March 2nd election. He advised that at the Solid Waste Management meeting there was discussion concerning changing from the Portrero Landfill to the Redwood Landfill. City Manager Horsley explained that the process is currently on hold. Councilmember Smith reported that he was unable to attend the last Council meeting due to illness, however he did make an effort to watch the meeting on TV. Councilmember Baldwin reported that the Ukiah Valley Sanitation District met and they seem to be making progress. They asked staff to come back with three different formulas. Several developers were in attendance and expressed an interest. Mayor Larson reported that he met with Martin Bradley about Ukiah's observatory and the City's potential relationship with International Latitude Observatory. He will communicate with Uzbekistan Marguba-lnternational concerning the observatory. 12. CITY MANGER/CITY CLERK REPORTS City Manager Horsley advised MESA met this week and approved a contract with Lou Canton who was the previous emergency director from San Francisco. He will be coming here for a month while Rick Paige is on vacation. She reported that Monday all of the Directors will be meeting with regard to budget cut recommendations. Deputy City Clerk Ulvila reminded Council that the deadline for filing FPPC form 700, Statement of Economic Interests is April 1,2004. Regular City Council Meeting March 3, 2004 Page 9 of 10 She discussed the elections results related to ballot Measures F and G and the process that the Mendocino County Election's Department needs to follow prior to counting the 133 outstanding City absentee ballots remaining. On Monday morning, March 15th, she will provide a tour of City Hall to a group of about 10 Japanese foreign exchange students, ranging in age from 15 to 17 years old. Adjourned to Closed session at: 9:50 p.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. Conference with Leqal Counsel- Anticipated Litiqation Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9 (1 case) No action taken. 14. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 11:30 p.m. 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. in Conference Room #4 at the Ukiah Civic Center for consideration of budget priorities. /- Marie Ulvila, Deputy City Clerk Regular City Council Meeting March 3, 2004 Page 10 of 10