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HomeMy WebLinkAbout2020-01-16 Packet - Special Meeting Djuz!pg!Vljbi Djuz!MjnjutDvssfou TPJ Qspqptfe!TPJ 31 Lake Mendocino 12 2 2 21 364 0120.5Miles RESEARCHINTO HISTORY OF 1995-PROPOSED SPHERE OF INFLUENCE Overview On August 27, 2019, City Council and Staff discussed the City of Ukiah’s long-term land use planning policy for Ukiah and the Ukiah Valley during a workshop at the Ukiah Valley Conference Center. During discussion by Council related to the recommended Policy Directive No. 2, Council requested additional information regarding possible reasons for the reduced Sphere of Influence (SOI) proposed in the 1995 General Plan. To address Council’s questions, Staff has conducted extensive research into the City’s archives and historical files, as well as reviewing past City Planning staff’s notes and files. Documentation of Sources and Materials The following constitutes the sources and materials reviewed: 1974 General Plan, 1984 General Plan, Sphere of Influence Study prepared by William R. Zion, Fall 1984, Planning Commission agenda packets and minutes for the period 1991 to 1995 (which included updates from the Growth Management Steering Committee formed to provide recommendations for the City’s 1995 General Plan), 1991 Ukiah Valley-Wide Task Force Report and Recommendations, minutes and agenda packet materials from 1994 and 1995 meetings of the City Council, the 1995 Ukiah Valley General Plan, documents/notes from former Director Stump titled “City of Ukiah Sphere of Influence Update 2014-2015,” 2009 Ukiah Valley Area Plan, Mendocino County General Plan (2009), and the 2012 City of Ukiah Municipal Service Review. Research was conducted from published reports, studies, and documents and publicly available legislative materials. No interviews were conducted as part of this research, nor were any opinions collected from the former members of the committees, City Councils, Boards of Supervisors, special districts, certain special interest agencies and organizations, or the former or current staffs of these various entities. Below is a timeline listing key events leading up to and/or related to the development of the 1995 General Plan, as well as pertinent quotes. 1.Establishment of the City of Ukiah Sphere of Influence Fall 1984:Sphere of Influence Study, by William R. Zion Known as the Zion Study, this was an independent Mendocino County-wide study completed for all special districts and local agencies in Mendocino County. The purpose of the study was to make recommendations to Mendocino LAFCo on appropriate SOIs for Mendocino County. Relevant quotes: “The adopted city” \[of Ukiah\] “sphere of influence includes all of both \[Willow and Millview\] water districts, except for that part of Willow south of Boonville Road. In addition the territory of both districts is part of the Ukiah urban area and needs the full range of city services.” “Because of the inclusion of the districts within the Ukiah sphere, a “zero” sphere is indicated, implying no annexations and eventual annexation to Ukiah and dissolution. That part of the Willow district outside the city sphere could have a sphere permitting some expansion, if LAFCo feels this is consistent with the county general plans and with local needs.” This study and recommendations within the study served as the basis for establishing Ukiah’s SOI, which Mendocino LAFCo adopted on December 3, 1984, through Resolution No. 84-15. 2.Early Annexation Efforts and Intentions There has been speculation that the City never intended to annex areas within its 1984 SOI. However, in reviewing actions and legislative proceedings from 1984 to 1989 it appears the City was actively preparing to annex areas within the entire SOI while also focusing on preservation and protection of agricultural areas. August 1986: City Council Ordinance 858, Prezoning Certain Properties Ukiah North “Whereas, pursuant to Government Code Section 65859, the City has the authority to prezone property within its Sphere of Influence, and Whereas, the subject prezone includes 1110 parcels extending from the northern city boundaries to Highway 20 and westerly to the foothills from the Russian River.” November 1988: City Council Minutes, Presentation of Maps of the Incorporated Ukiah Valley “The City Manager presented maps depicting the Ukiah Valley with the City of Ukiah sphere of influence that is overlapped by different water, sanitation, and fire districts. He noted since the City Council has established a goal of incorporating the Ukiah Valley, this map visibly shows the magnitude of the issues to be resolved. (Mayor Henderson, Councilmembers Shoemaker, Schneiter, Hickey, and Wattenburger).” February 1989: Letter from Mayor of Ukiah City Council to Board of Supervisors and Policy Resolution First paragraph and part of second paragraph from letter written by Mayor Colleen Henderson to Marilyn Butcher, Chairman of Board of Supervisors: “As you may know, the City of Ukiah is in the process of prezoning all parcels of land within its sphere of influence. We have completed the prezoning of all lands to the north, and down the east side of the valley south to Gobbi Street. This process raised some concern within the farming community that agriculturally zoned lands might not be preserved. The City has always had a strong commitment to the preservation of agriculture in the valley and an individual’s right to farm on such agriculturally zoned lands. In light of this commitment and in light of the farming community’s concerns, the City Council and Mendocino County Farm Bureau have adopted policy resolutions reflecting our joint position on prezoning and annexation of agricultural lands from Gobbi Street south in Ukiah’s sphere of influence…I am enclosing copies of both resolutions for your reference.” 3. Towards a Plan for the Ukiah Valley- Development of the 1995 Ukiah Valley General Plan 1990-91:Ukiah Valley-Wide Task Force Report and Recommendations A Valley-wide task force was formed by the City of Ukiah and County of Mendocino in April 1990. The task force consisted of a combination of citizens-at-large, County and City representatives, representatives from each of the water districts and fire district, and representatives from agencies of other certain interests. The purpose of this task force was “to initiate a long overdue study of possible consolidation of services, and consolidation of interests in providing services and/or meeting future service needs in the areas of water, sewer, emergency services and development standards.” After several meetings, the Task Force produced a draft report in August 1991 with findings and recommendations for efficient delivery of public services within the Ukiah Valley. The task force also produced an implementation plan for accomplishing the recommendations. “8. The County and City shall reactivate their joint planning meetings and utilize these joint meetings to facilitate the standardization of development standards in the Valley.” In relation to the sections focused on the Ukiah Valley, the report reinforced the importance of joint planning between the City and Mendocino County, especially in regards to future development and land use. The report also served as the basis for the future Community Facilities Element of the 1995 Ukiah Valley General Plan (1995 Ukiah Valley General Plan, Section 2.02.8). 1990-1994:Growth Management Steering Committee November 21, 1994 Staff Report from City of Ukiah Planning Department to City of Ukiah Planning Commission providing background and a recommendation to adopt the Draft Ukiah Valley General Plan and Draft Environmental Impact Report:“In late 1990, the Ukiah City Council authorized and budgeted for this planning effort” \[the 1995 Ukiah Valley General Plan\]. “Thereafter, the Growth Management Steering Committee (GMSC) was formed to guide the Plan’s development, and a planning consultant was awarded the contract to perform necessary research and actually compose the document. The GMSC is a 35-member citizen advisory committee made up of Valley-wide participants representing groups, organizations, agencies, districts, and the general public. The consultant is The Company of Eric Jay Toll AICP, Inc., a small planning firm from Carson City, Nevada. The GMSC, which met regularly over the course of the entire four-year period, was basically responsible for crafting the final version of virtually every goal, policy, and implementation measure contained in the Plan, as well as many of the findings contained in each Element.” In addition to the GMSC, individual Citizen Advisory Committees (CACs) were created for each of the 14 General Plan Elements. Similar to the member composition of the GMSC, the CACs represented Valley-wide interests.“Each volunteer \[of the GMSC and CACs\] was drawn from a broad cross-section of the entire \[emphasis included within document\]community- both in the City and in the Valley.” (1995 Ukiah Valley General Plan, Section 1- Preface) “…it was apparent from the early stages of the planning process that the Ukiah Valley General Plan would have its greatest influence on the long-term development and use of the Valley if both the City of Ukiah and the County of Mendocino would utilize it for decision-making and planning policy. Accordingly, about mid- 1991, City staff broached the subject of having the County adopt the eventual document as an Area Plan of the Mendocino County General Plan with County officials and the County Planning Commission and Board of Supervisors.” Although serving as the City of Ukiah’s General Plan, the 1995 Ukiah Valley General Plan appears to have been envisioned by its creators to be the area plan for the Ukiah Valley. Through the collaborative efforts of both County and City representatives, the 1995 Plan would eventually be used to develop the 2009 Ukiah Valley Area Plan (UVAP), which is a component of the Mendocino County General Plan. Utilization of an area plan as a municipal general plan is unusual. Common planning practice is for area or specific plans to be used for systematic implementation of a general plan (as is the case currently with the 2009 UVAP and its relationship to the Mendocino County General Plan). This aspect deserves further study, which Staff has attempted in Section 4 below. Additionally, given the City’s current updating of the General Plan, Council will want to consider if continuing with a Valley-wide focus in the 2040 General Plan is appropriate, especially in light of the 2009 adopted UVAP. Staff has provided some preliminary recommendations (see Agenda Summary Report), and a future General Plan workshop has been scheduled to discuss the subject further. 1994-1995:Sphere of Influence and Planning Commission and City Council Review and Adoption The earliest conceptualizations of the 1995-proposed SOI appear to have been developed by various stakeholder groups, either in conjunction with or independent of the Ukiah Valley General Plan GMSC. For example, in a City planning staff report produced in February 1994 a footnote to the report states “In addition to the Staff-proposed version, the GMSC already has a color copy of the Board of Realtors’ proposed Sphere of Influence, and has seen a presentation of the Farm Bureau’s version. In addition, Lief Farr has also proposed a Sphere of Influence based on other issues.” From the reports, minutes, and documents produced during this period, it appears that the GMSC reviewed multiple proposed SOIs from different Valley-wide stakeholders, then developed a final proposed SOI, which 1 was inserted into the Draft Ukiah Valley General Plan. Њ Because the GMSC provided information to the consultant Eric Jay Toll, Inc., who then prepared the Preliminary General Plan, which would serve as the basis for the Draft Ukiah Valley General Plan presented to the Planning Commission and City Council, and because it appears the GMSC and CACs were not legislative or quasi-legislative bodies and not subject to the Brown Act, no minutes or reports have been found that were produced by the GMSC and CACs. Instead, Staff has been able to piece together the origin of City planning staff’s Sphere of Influence recommendation through review of informational reports (updates) produced by City staff and agenda packets and minutes of the Planning Commission and City Council. The efforts of the GMSC concluded sometime in mid-1994, and the Draft Ukiah Valley General Plan was presented to the Planning Commission on December 13, 1994. Through a series of public meetings from December 1994 to April 1995, the Planning Commission discussed and deliberated on proposed revisions to the General Plan. After conceptually approving the Draft on June 10, 1995, the City Council conducted a series of public meetings and made “numerous additional revisions,” resulting in a Final General Plan that was adopted on December 6, 1995. It seems the final City Council adopted version was relatively unchanged from the GMSC Draft document. Per Section I.1.3, Preface, of the Ukiah Valley General Plan“The Planning Commission worked hard on the draft Plan, but, in the end, the Plan was left basically and functionally intact from the Growth Management Steering Committee’s final version…The document was, and remains, truly representative of the citizens of the Valley…” 4. Summary of Research The 1995 Ukiah Valley General Plan, although serving as the City’s municipal general plan, is essentially an older version of the (2009) Ukiah Valley Area Plan. It is not a traditional municipal General Plan in that it is not focused primarily on City incorporated areas. This historical context is important, as it aligns with earlier General Plans that foresaw the City and Valley as one community. The difference between the City’s General Plans and related efforts between 1974 and 1989 and the Ukiah Valley General Plan process of 1990-1995 appears to be that the former was Ukiah-centric versus the latter that was area-wide. It is Staff’s opinion that although this was a worthwhile planning effort ultimately leading to development of the UVAP, at this point in the Valley’s development it is appropriate for the City to have its own municipal general plan, and although not required by State law, the 2040 General Plan should seek to achieve consistency with the 2009 UVAP. It is also not clear that City of Ukiah representatives on the Planning Commission or City Council were fully in support of the valley-wide approach to the City’s General Plan. “While the document was not changed in a grand or profound way as a result of the Commission’s involvement, it would nevertheless be misleading and inaccurate to deduce that the Commission was in full harmony on various issues, or that individual Commissioners did not have viewpoints that substantially deviated from the Steering Committee’s recommendations…Indeed, differences of opinion were expressed in regards to…the Plan’s relationship to the community’s needs.” However, although it can be proven with a degree of certainty that the 1995 Ukiah Valley General Plan is akin to an area plan, the specific motivation or reasoning behind the 1995-proposed SOI is more ambiguous. There appear to have been several early versions of the SOI developed by various stakeholder groups but few additional details or reasons are provided as to how these proposals were formulated. Given that the finalDraft Ukiah Valley General Plan was produced by the GMSC for presentation to the Planning Commission and City Council and this Draft Plan included the 1995-proposed SOI, it is thus reasonable to conclude the 1995 SOI was a product of the GMSC. In light of this research, plus research into subsequent confirmations of the 1995 SOI by City Councils in 2006 and 2012 (although in 2012 there was an amendment to increase the 1995 SOI slightly to encompass the western hills) it is Staff’s conclusion that the reasoning behind the 1995 SOI consisted of the following: 1) the focus of the City’s General Plan was on the entire Valley, and the City’s representation was reduced due to the composition and focus of the GMSC and CACs; 2) little to no City-related annexation applications had been received, nor approved, during the period from 1974 to 2012, so there were limited realistic development expectations for the City, and 3) a combination of little to no population growth, limited new construction activity, and the Great Recession in 2007-2009 all tempered further growth expectations. SOI ´ Ukiah City Limits This map is a guide. Every reasonable effort has been made to ensure the accuracy 05,00010,000 of the map and data provided. Parcel lines are not intended to represent surveyed data.Feet Public Works Document Path: C:\\Users\\astricklin\\Desktop\\WaterBoundaryClip for Sean.mxd Date Saved: 1/9/2020 1:06:37 PM Annexation Policy The City will pursue, apply for, and support the annexation of unincorporated areas to the City to avoid the negative consequences of continued urban sprawl and to ensure the efficient provision of municipal services to unincorporated areas without placing an undue financial burden on the City or its residents. The City’s Sphere of Influence reflects the City’s intent and ability to apply to annex those territories within that Sphere of Influence. The City’s Sphere of Influence should be updated periodically and as necessary to reflect any change in the City’s intent or ability to annex unincorporated territory. The City’s Area of Interest reflects that territory outside its Sphere of Influence where the City has an interest in ensuring orderly development and the efficient provision of municipal services, and a financial interest in the implications of any such development and services. The City will consider providing services to unincorporated areas within its Area of Interest when the City and all local agencies with relevant jurisdiction, if any, arrive at an agreement ensuring the City is adequately compensated for the costs it incurs and/or will incur due to development in its Area of Interest. The City will apply for the annexation of unincorporated areas and will support property owners who desire to annex to the City where the City determines it to be in its residents’ interests to do so, to promote orderly development, to implement General Plan goals and objectives, and/or to ensure the efficient provision of municipal services. In pursuing, applying for, or supporting annexation, the City will demonstrate that existing or planned-for facilities, infrastructure and improvements, and municipal services are or will be available, including but not limited to: vehicular and pedestrian traffic corridors, fire protection, sewer, electricity, and municipal and industrial water, in accordance with City standards and General Plan goals and objectives, to those areas proposed to be annexed. The City will pursue, apply for, or support annexations that could affect open space and prime or unique agricultural lands, when it is satisfied that they will be adequately protected. The City will pursue, apply for, or support annexation in those cases where significant environmental impacts have been mitigated or avoided as appropriate. The City will develop, maintain, and make publicly-available a City of Ukiah Annexation Guide that includes an annexation applicant’s responsibilities, the requirements for environmental review, requirements for development plans, and fees associated with applications for annexation. If appropriate, and as it may be amended, the City will incorporate and include this Annexation Policy in its 2040 General Plan. Current General Plan Goals In Support of Proposed Annexation Policy Overall General Plan and Growth Management Goals Sound, Stable, Community-Based Economy GP-1: Promote, attract or assist in developing businesses, particularly those that add value to resources already found or processed in the Ukiah Valley. GP-2: Promote business development, emphasizing local ownership of businesses in order to keep capital and growth within the community. GP-5: Encourage housing in a price range to match the income of residents. GP-6: Encourage housing for local workers and jobs for current residents. GP-7: Coordinate construction of infrastructure with planning for development. GP-8: Assure a diverse and healthy natural environment. Community Involvement GP-12: Ensure that policies and decisions on community growth and development respect our all of \[sic\] community and diversity of cultural heritages in order to enhance overall quality of life. GP-14: Work with interested groups, organizations, and school districts to achieve excellence is to youth. n providing services and opportunitie GP-17: Work with interested community groups and organizations to help achieve a community free from violence and crime. Responsible Use of Resources GP-21: Conserve open space, hillsides, stream courses, and indigenous flora and fauna for the enjoyment of future generations. GP-22: Promote reclamation, additional storage, and conservation of water. GP-23: Conserve agricultural lands to enhance economic vitality and the sustained identity of Ukiah as a rural agricultural community. Aestheticsin Planning and Development GP-24: Conserve and enhance the natural beauty of the Ukiah Valley. community. GP-25: Ensure aesthetic qualities in the design and construction of the GP-26: Require that landscaping be a significant component of development and redevelopment. GP-27: Maintain scenic viewsheds of the Valley. 1 Ecologically Sustainable GP-28: Make Ukiah a leader in the development of responsible, resource- conserving ways of living and doing business, giving fullest consideration to the impacts of our actions on future generations. GP-29: Conserve nonrenewable resources. o See: Policy GP-29.1: Minimize use of fossil fuels to the greatest feasible extent in all activities including investment in low and zero emission vehicles. GP-30: Protect existing agriculturally zoned lands in the City’s Planning Area. GP-31: Identify ways to replace wasteful practices that imprudently use resources. Open Space and Conservation Goals OC-3: Encourage clustering of residential development wherever possible to preserve continuous, unfragmented natural habitat. The Russian River Goal OC-7: Ensure the health and viability of the Russian River and its tributaries. Water Resources Goal OC-13: Protect the Valley’s groundwater system. Goal OC-14: Strive to keep local water resources for local use and avoid water export. Goal OC-15: Protect surface and groundwater from adverse impacts from chemicals and soil sediments found in urban and agricultural runoff. Agriculture Goal OC-18: In concert with the County, preserve the economic viability of agriculture lands. Air Quality Goal GP-31: Reverse present deterioration of Valley air quality to maintain agricultural viability and human health. Safety Goals SF-1: Regulate new development in fault zones. SF-2: Regulate development across or near earthquake faults outside the Alquist-Priolo Earthquake Zone. Flooding, Dam Inundation, High Groundwater SF-4: Strive for a flood-safe community. Fire and Wildland Fire Protection and Prevention SF-5: Standardize the delivery of fire protection services. SF-7: Improve the fire safety of new buildings as appropriate to protect life and property. SF-10: Increase public education of fire prevention. SF-11: Develop a Valley-Wide Catastrophic Emergency Response Plan. 2 Energy Goals EG-1: Create land use patterns which facilitate the conservation of energy. Site Planning and Landscape Design EG-4: Maximize on-site solar energy use, especially in new developments. Building Design EG-6: Promote energy efficiency features in the design of all new structures and in the retrofitting of existing structures. Energy Suppliers Manage existing energy resources to meet increased demands and explore the use of new energy efficient technologies. Circulation and Transportation Goals CT-3: Design new development and redevelopment projects to be as accessible by foot, bicycle, and transit as they are by auto. Alternative Modes of Transportation CT-7: Develop pedestrian access. CT-9: Maximize the use of public transportation through efficient land use patterns and supporting incentive programs. Street Classifications CT-17: Classify roads to meet service needs. Neighborhood Traffic Management CT-18: Preserve and enhance the small town character and integrity of all residential neighborhoods and streets. Housing Goals H-1: Conserve rehabilitate, and improve the existing housing stock to provide adequate, safe, sustainable, and decent housing for all Ukiah residents. H-2: Expand housing opportunities for all economic segments of the community, including special needs populations. H-3: Remove governmental constraints to infill housing development. H-4: Promote well-planned and designed housing opportunities and project for all persons, regardless of race, gender, age, sexual orientation, marital status, or national origin. 3 1 H-5: Provide support for future housing needs. Economic Development Goals Opportunities for the Future: Economic Development Strategy ED-1: Support a strong local economy. Land Use Goals LU-3: Protect agricultural lands from urban encroachment. LU-4: Balance the housing needs of the City and County. LU-5: Generally urban residential land uses shall be located west of the Russian River. LU-6: Utilize Master Plan Areas to meet precise planning needs. Њ Additionally, see: Policy 5-1: Pursue annexation efforts that lead to an orderly expansion of growth, where services are adequate for future residential development. 4 RESOLUTION NO. 2020 - ____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING ANNEXATION POLICY WHEREAS, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 provides for the annexation of unincorporated areas within a City’s sphere of influence; and WHEREAS, on August 27, 2019, the Ukiah City Council provided direction to staff to prepare and adopt annexation policies as part of the City’s long-term land use planning and City Council Strategic Plan; and WHEREAS, the City intends, in part through the attached Annexation Policy, to avoid the consequences of continued urban sprawl in the Ukiah Valley, to ensure the efficient provision of municipal services, and to protect open space and prime agricultural land in the Ukiah Valley; and WHEREAS, the City envisions a future of the Ukiah Valley as a thriving community that is politically, economically, environmentally, and socially sustainable; and WHEREAS, the City desires to provide annexation policies for the City and property owners within the City’s sphere of influence that promote the successful annexation of unincorporated areas. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UKIAH DOES HEREBY RESOLVE to adopt the Annexation Policy attached as Exhibit A, which shall be endorsed to show adoption by the City Council on January 16, 2019 and made publicly available. PASSED AND ADOPTED this __ day of ____, 2020, by the following roll call vote: AYES: NOES: ABSENT; ABSTAIN: ______________________________ Douglas F. Crane, Mayor ATTEST: ______________________________ Kristine Lawler, City Clerk EXHIBIT A Annexation Policy The City will pursue, apply for, and support the annexation of unincorporated areas to the City to avoid the negative consequences of continued urban sprawl and to ensure the efficient provision of municipal services to unincorporated areas without placing an undue financial burden on the City or its residents. The City’s Sphere of Influence reflects the City’s intent and ability to apply to annex those territories within that Sphere of Influence. The City’s Sphere of Influence should be updated periodically and as necessary to reflect any change in the City’s intent or ability to annex unincorporated territory. The City’s Area of Interest reflects that territory outside its Sphere of Influence where the City has an interest in ensuring orderly development and the efficient provision of municipal services, and a financial interest in the implications of any such development and services. The City will consider providing services to unincorporated areas within its Area of Interest when the City and all local agencies with relevant jurisdiction, if any, arrive at an agreement ensuring the City is adequately compensated for the costs it incurs and/or will incur due to development in its Area of Interest. The City will apply for the annexation of unincorporated areas and will support property owners who desire to annex to the City where the City determines it to be in its residents’ interests to do so, to promote orderly development, to implement General Plan goals and objectives, and/or to ensure the efficient provision of municipal services. In pursuing, applying for, or supporting annexation, the City will demonstrate that existing or planned-for facilities, infrastructure and improvements, and municipal services are or will be available, including but not limited to: vehicular and pedestrian traffic corridors, fire protection, sewer, electricity, and municipal and industrial water, in accordance with City standards and General Plan goals and objectives, to those areas proposed to be annexed. The City will pursue, apply for, or support annexations that could affect open space and prime or unique agricultural lands, when it is satisfied that they will be adequately protected. The City will pursue, apply for, or support annexation in those cases where significant environmental impacts have been mitigated or avoided as appropriate. The City will develop, maintain, and make publicly-available a City of Ukiah Annexation Guide that includes an annexation applicant’s responsibilities, the requirements for environmental review, requirements for development plans, and fees associated with applications for annexation. If appropriate, and as it may be amended, the City will incorporate and include this Annexation Policy in its 2040 General Plan.