HomeMy WebLinkAboutMin 12-17-03 MINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 17, 2003
The Ukiah City Council met at a Regular Meeting on December 17, 2003, the notice for
which had been legally noticed and posted, at 6:32 p.m. Roll was taken and the
following Councilmembers were present: Rodin, Smith, Baldwin, and Mayor Larson.
Councilmember absent: Andersen. Staff present: Administrative Analyst/Project
Manager Burck, Community Development Director DeKnoblough, Finance Director
Elton, Risk Manager/Budget Officer Harris, City Manager Horsley, Interim Public Utilities
Director Kennedy, Acting City Attorney Marston, Fire Chief Latipow, Accounting
Manager McCann, Electrical Distribution Engineer Sauers, Public Works Director/City
Engineer Steele, Planning Director Stump, and Deputy City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Administrative Analyst Ann Burck led the Pledge of Allegiance.
3. PRESENTATION/PROCLAMATION
None.
4. APPROVAL OF MINUTES
4a. Regular Meetin~ Minutes of September '17, 2003
MIS Baldwin/Smith approving the Regular Meeting minutes of, September 17, 2003 as
presented, and carried by a unanimous voice vote.
5. RIGHT TO APPEAL DECISION
Mayor Larson read the appeal process.
6. CONSENT CALENDAR
MIS Smith/Baldwin approving item "a" through "d" of the Consent Calendar as follows:
a. Approved Disbursements for Month of November 2003;
b. Approved Notice of Completion For Gobbi Street Class 2 Bike Lane From Orchard
Avenue To Babcock Lane, Specification No. 03-06;
c. Received Report Of Disposition Of Surplused Materials;
d. Awarded Purchase Of Liquid Polymer To Polydyne Inc. In The Amount Of $7,500
Plus Tax, Bid Specification POLY-50.
Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Smith,
and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Andersen
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward to address the City Council.
Regular City Council Meeting
December 17, 2003
Page 1 of 10
9. NEW BUSINESS
9a. Discussion and Possible Action Regarding The "City of Ukiah Busines~
Enhancement Program".
City Manager Horsley advised that in early 2001 the City applied for and received a
Jobs Housing Balance Program Grant from the State Department of Housing and
Community Development (HCD) in the amount of $100,000. $25,000 of the grant funds
were spent for the strategic plan, which the City Council adopted on January 15, 2003.
The balance of $85,000 was allocated to implement the recommendations in the
strategic plan. As part of that implementation, Applied Development Economics (ADE)
was subsequently retained by the City to prepare the Business Enhancement Program.
ADE conducted a series of business focus group sessions aimed at identifying policies
and actions the City can take to improve the local business climate, thus aiding existing
businesses as they expand, and also more effectively recruiting new businesses.
Kathryn Studwell, Regional Development Strategist hired by ADE, provided a
presentation to the City Council that included an overview of existing tensions that
threaten prosperity in Ukiah. She advised that the economy needs from the community
include housing for workers and speediness of government to process building permits,
and the permit process in general.
Wes Irvin discussed implementing measures to overcome massive constraints such as
limited resources, declining civic budgets, no available staff, and many other priorities
and crises. The City should look into annexing land for business and housing, staff a
City business advocate, create an official business advisory committee, clarify permit
and entitlement processes, update and upgrade the City's Website, and distribute
brochures that promote the City of Ukiah.
City Manager Horsley advised that water and housing directly affect businesses.
Business groups would like to see more cooperation between the City and the County.
She noted that Council has hired an annexation consultant to devise a tax sharing plan
that will be reviewed by both the City and County. Staff will continue to work on
brochures for recruitment of businesses. The City's Web site will be updated and
upgraded in cooperation with EDFC, the County, and the Chamber of Commerce. She
reported that the City would like to recruit a business advocate using grant funds to be
employed for one year and she thought that a business advisory committee is a good
idea.
Councilmember Baldwin stated that there are many reasons to stress the quality of
life in Ukiah and to promote Ukiah's talented community.
Mayor Larson noted that, considering Ukiah's high unemployment rate, he felt that it is
important that unemployed workers be retrained and their job skills upgraded.
MIS Smith/Rodin accepting the report, directing Staff to submit it to HCD, and directing
Staff to continue implementation of the recommendations contained therein, and carried
by unanimous consent.
Regular City Council Meeting
December 17, 2003
Page 2 of 10
8. PUBLIC HEARING
8a. Introduction of Ordnance Amending The Airport Industrial Park Planned
Development Ordinance By Establishing New Regulations For The 32-Acre
Mixed-Use Area
Planning Director Stump explained that at the Council meeting of December 3rd, a
public hearing was conducted and the Planning commission's recommendations were
discussed concerning revisions to the regulations of the Industrial Mixed-Use area in the
Airport Industrial Park (ALP). The City Attorney has provided additional suggestions for
the City Council to consider before introducing the Ordinance to amend the mixed-use
regulations in the Airport Industrial Park Planned Development. He recommended
Council conduct a public hearing to adopt the Mitigated Negative Declaration and
introduce the Ordinance by title only.
Public Hearing Opened: 7:26 p.m.
No one came forward.
Public Hearing Closed: 7:26 p.m.
MIS Smith/Baldwin approving a Mitigated Negative Declaration for the Airport
Industrial Park Planned Development Ordinance Amendment No. 03-46, carried by the
following roll call vote: AYES: Councilmembers Rodin, Smith, Baldwin, and Mayor
Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmember Andersen.
MIS Baldwin/Smith introducing Ordinance by title only including the seven
recommended changes submitted by the City attorney in the Memo from the Planning
Department dated December 17.
Councilmember Baldwin discussed the location of box stores in the City and
questioned their compatibility of light manufacturing businesses with upscale hotels.
Mayor Larson pointed out that this is the first time that a planned development has
been amended in a non-project driven manner.
Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Smith,
and Mayor Larson. NOES: Councilmember Baldwin. ABSTAIN: None. ABSENT:
Councilmember Andersen.
Deputy City Clerk Ulvila read the title of the Ordinance, "Ordinance of the City Council
of the City of Ukiah amending the Airport Industrial Park Planned Development".
MIS Smith/Rodin introducing Ordinance, and carried by the following roll call vote:
AYES: Councilmembers Rodin, Smith, Baldwin, and Mayor Larson. NOES: None.
ABSTAIN: None. ABSENT: Councilmember Andersen.
w
NEW BUSINESS
Report Regarding Potential Loss Of Vehicle License Fees And Impacts To
The City Of Ukiah Budget
Regular City Council Meeting
December 17, 2003
Page 3 of 10
City Manager Horsley advised that the state legislators had originally agreed to raise
the Vehicle License Fees (VLF) back to the rate it was about four years ago. However,
when Governor Schwarzenegger came into office, one of his promises during his
campaign was to repeal it, which he did. This is a problem because it is a mainstay of
revenue to the cities and the counties. As of December, the City of Ukiah will have the
potential loss of the VLF in the amount of $600,000 a year. She reported that other
cities have a greater loss of revenue and are taking drastic measures, such as a
disincorporating their city or declaring bankruptcy. She explained that Staff will come
back to the Council to discuss the mid-year budget, Council goals, and potential saving
and revenue.
City Manager Horsley explained that even if the City took steps to reduce expenses,
such as closing the swimming pool, closing the museum, closing down special
programs such as youth sports, and street sweeping, the City would not be near
reaching the amount of loss from the VLF. The City is already experiencing an
economic slowdown. The state is now going to try to fix their woes by taking more
money from cities. She has discussed the matter with the Police Chief and Fire Chief.
Currently, there are three police officers on shift and she spoke to the Police Chief
about having only two officers on shift. It was Police Chief Williams' opinion that it would
be a concern of public safety in the community. She noted that 75%-80% of the General
Fund is personnel costs.
Council may need to look at increasing fees for certain services. The Regional Water
Quality Control Board will begin charging the City an hourly rate for meeting with City
Staff. A lot of the state's fees are doubling for permits as they are trying to cover their
costs at the local level.
She stated that as part of the information the City was given, a recent survey of police
departments conducted by the California Police Chiefs Association showed that with
only 60% of the departments reporting, 623 sworn positions have already been cut from
local budgets and if the VLF backfill does not occur, another 729 police positions will be
laid off statewide. She explained that she has put a hold on all General Fund positions
at this time.
Mayor Larson noted an impetus for this discussion is to begin creating more of a public
awareness both locally and in Sacramento as to the direct affect it will have on the
quality of life of the citizens and business owners in the City of Ukiah. The City is
already putting a hold on any additional expenditures that are already budgeted and
approved for this year. That money will not be spent until there is some reassurance
that there is a revenue source to cover it.
Mayor Larson noted that if on-going maintenance costs are not met, the City could be
depleting assets that would not allow it to recover. Those things need to be discussed
further. He would like to see, if and when the Council has to look at real cuts in
expenditures, if there are some services the City provides that are funded out of
dedicated revenues, similar to Gas Taxes being used only for streets
Regular City Council Meeting
December 17, 2003
Page 4 of 10
Councilmember Smith discussed getting the information to the public as soon as
possible so the public will understand how it will affect the City's services. He thought it
is a good idea to pursue a press release to inform the public.
City Manager Horsley reported that the City employees are very concerned and many
of them have taken on double duty since the City made cuts last time. They have been
working a lot of hours and have been doing many things to provide services without
showing any gaps. Whether it's having different hours at City Hall or whatever we have
to do to try to make this work, raising revenues will be her first recommendation.
John Latimore, 615 Spanish Canyon Drive, suggested that the Council consider
another alternative in addition to the two suggested by the City Manager. Enhancing the
economy and taking aggressive steps to do so will grow that economic engine.
City Manager Horsley advised that the City Council has approved the downtown
business plan and staff has budgeted for the improvement of the downtown State Street
area. That is already in progress.
James Mulheren stated that he enjoyed the earlier presentation to Council and noted
that it was said that increasing tension threatens prosperity and quality of life. He liked
Mr. Latimore's point about increasing the economy as opposed to stifling it and
generating revenue from that.
Mayor Larson explained that when that fee was reduced four years ago, the agreement
was that if the state was unable to backfill or make up that loss to local government, the
VLF tax would automatically be reinstated.
City Manager Horsley advised that out of seven cents, the City of Ukiah gets one cent
of the sales tax.
Acting City Attorney Marston discussed the City's generation of revenue and the
Revenue and Taxation Code.
City Manager Horsley advised that it's easier to say that out of seven cents, the City of
Ukiah gets one cent.
Mayor Larson advised that there is an initiative in the process to draw the line at a
constitutional amendment that would not allow the legislature to take any more locally
generated revenues than are currently taken without a vote of the California electorate.
City Manager Horsley explained that the League is requesting the City send its
response to them concerning its potential loss. The response will also be sent to Ukiah's
legislators. In January staff will bring to Council some short term and long term options.
There was general discussion concerning the press release to the media. It was the
consensus of the City Council that the City Manager should complete the
questionnaire. There was a brief discussion concerning revisions to the sample Press
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December 17, 2003
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Release so it would suit Ukiah more. It was also the consensus of the Council that
Mayor Larson will review the Press Release and sign it. Councilmember Rodin will
also assist with wording of the Press Release. The Press Release should include both
the Mayor and City Manager's signature.
Recessed: 8:12 pm
Reconvened: 8:20 pm
9. NEW BUSINESS
9c. Status Report Regarding Ukiah's Water System Improvement Project
Administrative Analyst/Project Engineer/Manager Burck provided an update to the
City Council on the status of the Water System Improvement Project (Project). There
are two main components of the water system improvement project. There is the
addition of the storage tanks that are to be sited above the Golf Course and one that is
proposed to be sited at the water treatment plant itself. Staff is suggesting that the
project be separated into two parts. The first stage would be construction of the water
tanks and stage two would be the upgrades to the water treatment plant itself.
She reviewed the status of the City's water project and the deficiencies that were
brought out in an audit conducted by the Department of Health Services. She also
updated the Council on the status of the water system and discussed the current status
of water source capacity for the City. She went on to discuss problems with the Ranney
collector and decrease in capacity.
A general discussion followed concerning the report and the condition of the water
treatment plant.
Administrative Analyst Burck discussed the status of the City's wells and noted that
the data that is collected on the water to try to determine which wells were under the
influence of surface water and which wells are not. Typically, one of the factors that are
looked at is turbidity. It is staff's contention that well ~4 is not under the influence of
surface water from the Russian River. She reiterated that the City's maximum source
capacity was seen in August, was 6.57 million gallons. In the past 10 out of 11 years,
that peak day has occurred either during the last two weeks of July or the first two
weeks of August. That average value for the last 11 years was about 7.07 million
gallons per day. Our demand exceeds our source capacity by about half a million
gallons per day during that high demand period in July-August. The Stat's regulation
allows you to meet you maximum day demand through a combination of your source
capacity and your storage capacity. That is one of the reasons that they are requiring
the City to add additional storage capacity is because the City is so short relative to our
demand on our source capacity. The City also needs to quickly begin looking at
alternate sources of water. One of the alternate sources is by reducing demand. One of
the things that Staff feels would be a good measure to consider would be a voluntary
Water Conservation Program for the last two weeks in July and the firs two weeks in
August.
Regular City Council Meeting
December 17, 2003
Page 6 of 10
City Manager Horsley noted that the citizens of Ukiah have always been very quick to
help out with reducing their water use whenever the City has asked them. The City
would provide an educational program that would be sent with the billing statements
and to remind them in July and August until the City finalizes and gets the construction
on line and our water source is completed.
Administrative Analyst Burck explained that if the project can be separated and
accelerate construction of the tanks, the tentative schedule is to begin construction of
the storage tanks in May and have them completed in October 2004. there will be three
million gallons in Zone #1 and 315,000 gallons in Zone #2, for a 3.3 million gallon
increase. She advised that the City does need a water Conservation program and it also
needs to begin planning for recycled water use.
A general discussion of the situation followed between Council and staff.
Councilmember Baldwin noted that about six months ago, someone suggested that
the Council discuss the idea of metering private wells in the City limits to monitor the
potential impact on the City's well that is groundwater. He felt the City should be
concerned about the creeks and how they impact the City's groundwater and if the
Lorraine Street well is groundwater, we need to try to protect it.
Mayor Larson assumed we would have to do some kind of financing. He discussed the
possibility of having to do a staggered rate increase to cover the initial costs. There may
also be additional costs in the future to procure water rights or through the development
of additional storage facilities.
Administrative Analyst Burck stated she will come back to the City Council for
approval of a change order to the original consultant's contract to cover the additional
cost of separating the project into two projects to allow the City to continue with the
construction of the storage tanks as quickly as possible. She noted that in March 2004
staff will be bringing back to Council recommendations for a voluntary Water
Conservation Program and ask people to participate during the last two weeks of July
and the first two weeks of August.
She advised that she met with Chris Pettigo a couple of weeks ago. He works for Reed
Smith and is a sub-consultant helping the City to acquire grants and alternate sources
of funding for the wastewater treatment plant project. He brought by a copy of the
Congressional Record from the 108th Congress. It's the Congressional Appropriations
Bill that has been passed by the House and it goes for a vote to the U.S. senate in
January 2004, and hopefully is signed by the President. The City of Ukiah is on page
H12733 as item #99. She noted the hard work of the Mayor and Councilmember Smith,
as well as Senator Feinstein.
9. NEW BUSINESS
9d. Approval Of City Of Ukiah Electric Utility Renewable Portfolio Standard
Electrical Distribution Engineer Sauers advised that Section 387 of the California
Public Utilities Code (PUC) was amended by Senate Bill 1078 in September 2002
outlining a statewide goal and requirement of Investor Owned Utilities (IOU) to obtain
Regular City Council Meeting
December 17, 2003
Page 7 of 10
20% eligible renewable resources by 2017, and increasing current resources 1%
annually until the goal is reached. As a municipal electric utility, the City of Ukiah is
exempt from this resource requirement, however, municipalities are required to
implement and enforce a local Renewable Portfolio Standard (RPS). They also want the
City to report its power mix and any Public Benefit Funds that are paid out for renewable
energy development. The City of Ukiah includes hydroelectric, geothermal, solar, wind,
digester gas and tidal current in its definition of renewable energy.
As noted, the City's power mix reflects over 75% total renewable resources and over
50% of state defined renewable resources. As required by SB 1078, the City of Ukiah
Electric Utility recommends approval of a Renewable Portfolio Standard that outlines
Ukiah's current power mix and commits to evaluating future resource investments for
environmental as well as economic benefits, and annual reporting of the expenditures of
public benefits funds for renewable energy resource development and descriptions of all
energy efficiency and renewable generation programs to customers.
Councilmember Rodin inquired about the table included in the Report and inquired as
to why the percentages for real usage is going down and the forecasted years.
Electrical Distribution Engineer Sauers explained that as the City's load increases
that takes into consideration growth and how the City's load is going to grow. She went
on to explain the table to Council. She explained that all of our energy is pooled and it's
divided depending on the demand of the City. Therefore, some months we might
actually receive more in hydroelectric and some months more in geothermal, etc.
Mayor Larson explained that many IOU's are being required to become greener which
makes the demand and the competition for renewable sources of production greater.
We have a surplus as far as our mix in relation to the rest of the state. He inquired if
there would be any benefit to the City in exploring becoming less renewable by selling
off the green producing interests to someone who needs the credit.
Electrical Distribution Engineer Sauers explained that because the City of Ukiah is
so small our percentage ownership in each of these is small. Another issue is that the
City would have to obtain the power from somewhere else. The City would have to
consider possibly purchasing more coal or something else.
Councilmember Smith explained that the IOU's have to meet the 20% by 2017. Our
projections show that in the year 2017, the City will be at 80%.
Councilmember Baldwin inquired if Ms. Sauers' staff has investigated the possibility of
using the gas production at the sewage treatment plant to generate electricity.
MIS Smith/Baldwin approving City of Ukiah Electric Utility Renewable Portfolio
Standard and Authorizing Staff to submit it to the Northern California Power Agency
(NCPA), carried by the following roll call vote: AYES: Councilmembers Rodin, Smith,
Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Andersen
10.
COUNCIL REPORTS
Regular City Council Meeting
December 17, 2003
Page 8 of 10
Councilmember Rodin reported that she attend the Russian River Watershed
Association meeting. She attended the Chamber of Commerce Board meeting this
morning. They are looking into the Business Improvement District (BID) and it is now
broken down from one Countywide BID to know there might be regional BID's that
would contribute certain proportions to MCA. She also attended a meeting of the Guild.
Councilmember Smith reported that he attended a meeting of the Main Street
Program Board and they are planning a retreat during the month of January in order to
outline some objectives for the coming year. One of the things they are working at is
expanding the Main Street Sphere of Influence and recruiting new businesses in the
district to become members of the Main Street Program. NCPA will be having their
annual Strategic Workshop in January 21st and 22na and Councilmember Andersen,
Councilmember Smith's alternate, and he will also be attending the Workshop. The
purpose of the Workshop is to strategize for the Washington, D.C. trip. While in
Washington, they will be meeting with Senator Diane Feinstein and he will take that
opportunity to extend the City's appreciation and thanks for her including the City.
Councilmember Baldwin reported that he attended a meeting of the Inland Water and
Power Commission. He was appointed to a subcommittee that the City Manager has
also been attending. Today he attended a rather lengthy meeting of the Ukiah Valley
Sanitation District Board. The most interesting thing about the meeting, other than Ann
Burck's very articulate report, was that Supervisor Delbar was not ready to support
increased fees until he gains a greater understanding of why the City selected what
appears to be the most expensive option in terms of designing firms. He noted that they
briefly discussed the issue of the impact of septage on the project. He advised that
during the next six weeks he hopes to bring an issue to the Council regarding lighting
pollution.
Mayor Larson explained that Planning Director Stump is also working on information
concerning lighting and Councilmember Baldwin may want to contact him. He reported
that he went to a Christmas tree lighting ceremony. He attended the Police Officers
annual holiday dinner as well as the employee appreciation dinner. On Monday, he
attended the Sun House Guild reception.
Councilmember Rodin referred to information received in the mail concerning eminent
domain and the Palace Hotel. She received a telephone message to have the matter
included on the City Council agenda soon.
Councilmember Smith advised that Heidi Meyer sent the information and she is
affiliated with the Historical Society and she would like the City to do something about
the Palace Hotel.
City Manager Horsley explained that she will bring information to the Redevelopment
Agency concerning the Palace Hotel
11. CITY MANAGER/CITY CLERK REPORTS
Regular City Council Meeting
December 17, 2003
Page 9 of 10
City Manager Horsley advised that the Police Department lost one of their clerks who
went to another position in the City. They also just had a police officer move to Lake
County.
12. CLOSED SESSION
None.
13. ADJOURNMENT
There being no futher business, the City council meeting was adjourned at 9:26 p.m.
Marie Ulvila, Deputy City Clerk
Regular City Council Meeting
December 17, 2003
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