HomeMy WebLinkAboutMin 11-02-05 CITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
November 2, 2005
6:00 p.m.
1. ROLL CALL 6:11 PM
Councilmembers Present: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku.
Staff Present: City Manager Horsley, Finance Director McCann, City Attorney Rapport,
Planning Director Stump, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
3. PROCLAMATION 6:10 PM
3a. American Lung Association: "Shine a Little Light on Lung Cancer"
Mayor Ashiku read the proclamation urging Ukiah citizens to observe the month of
November as "Shine a Little Light on Lung Cancer".
Maggie Okimi accepted the Proclamation on behalf of the Pacific Pulmonary Services,
the American Lung Association, and the Lung Cancer Alliance.
4. APPROVAL OF MINUTES
4a. Regular Meeting Minutes of September 217 2005 - 6:13 PM
City Clerk Ulvila recommended the minutes be continued to the next Council meeting.
4b. Special Meeting/INorkshop Minutes of October 127 2005 - 6:14 PM
City Clerk Ulvila recommended the minutes be continued to the next Council meeting.
4c. Special Meeting Minutes of October 177 2005- 6:15 PM
M/RC McCowen/Baldwin approving the Special Meeting Minutes of October 17, 2005 as
presented; carried by the following roll call vote: AYES: Councilmembers Crane,
McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT:
None.
5. RIGHT TO APPEAL DECISION - 6:15 PM
Mayor Ashiku read the appeal process.
6. CONSENT CALENDAR- 6:16 PM
Mayor Ashiku requested that item "6g" to be moved to New Business for discussion.
City Attorney Rapport clarified that this is not an item upon which the City Council takes
action on, but rather a report of action that was taken by staff.
Mayor Ashiku withdrew his request.
M/S Baldwin/Rodin approving Consent Calendar items "a" through "h" as follows:
a. Rejected Claim for Damages Received from Charles and Kerri and Referral to
Joint Powers Authority, Redwood Empire Municipal Insurance Fund;
b. Rejected Claim for Damages Received from Mona Falgout and Referral to Joint
Powers Authority, Redwood Empire Municipal Insurance Fund;
c. Approved Emergency Purchase from Groiniger and Company of Additional
Materials Needed for the Brush Street Water Main Replacement Project in the
Amount of $11,148.07;
d. Authorized Sue Goodrick, Risk Manager, to be designated as an Alternate
Director on the Redwood Empire Municipal Insurance Fund's Board of Directors;
e. Adopted Resolution 2006-18 Establishing City Fees for the Issuance and
Renewal of a Tobacco License Effective January 1,2006;
f. Adopted Ordinance No. 1072 of the City Council of the City of Ukiah Adding a New
Article Seven (7) Entitled "Tobacco Retailer's" to the Ukiah City Code;
g. Received Notification to the City Council on Expenditure in the Amount of $9,990 to
Mendocino Roofing Inc. for the Repair and Replacement of Roof and Gutters on
Buildings at the Ukiah Regional Airport;
h. Adopted Resolution 2006-19Authorizing City Manager to Designate City Officers or
Employees to Represent the City with Authority to Examine Transactions and Use
Tax Records of the State Board of Equalization Pertaining to Transactions and Use
Taxes Collected for the City.
Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen,
Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS- 6:18:04 PM
No one came forward to address the Council.
8. PUBLIC HEARINGS
8a. Continuance of Minor Subdivision Map- Subdivision Requirement Exception
Variance No. 05-19- 6:18:53 PM
Mayor Ashiku advised that staff has requested this matter be continued to the next regular
Council meeting of November 16, 2005. The matter was continued with the consensus of
Council.
aw
PUBLIC HEARINGS
PUBLIC HEARING - JOINT HEARING OF CITY COUNCIL AND THE
UKIAH VALLEY SANITATION DISTRICT- 6:20:11 PM
ROLL CALL: Present: Ukiah Valley Sanitation District Board Present: Crane,
Wattenburger and Chairman Delbar. Also Present: Chief Deputy County Counsel Zotter
and Clerk of the Board Furman.
8. PUBLIC HEARINGS
8b. Adoption of Resolution of the City Council of the City of Ukiah Revising and
Modifying Rates for the Sewer Service for the Fiscal Years 2005-2006
(Commencing December 17 2005) Through 2009-2010- 6:20:55 PM
Finance Director McCann discussed the history of the wastewater treatment plant and
noted that staff began planning improvements to the plant in the 1990's. Several major
components of the sewer plant were beginning to fail as they reached the end of their
service lives, the plant was rapidly approaching capacity, and state discharge requirements
were rapidly becoming more stringent. Annual rate increases included in the new rate
schedule provide funding for operation and maintenance of the wastewater system as well
as repayment of the construction bonds. The City contracted with Bartle Wells Associates
to provide a rate study and financial advisory services in connection with financing the
project to upgrade and expand the wastewater treatment plant.
The portion of the project that will increase capacity of the plant is to be paid for through an
increase in connection fees so that this cost is paid for by new developments rather than
existing rate payers. The portion of the project which is replacing and upgrading the
system to serve existing customers is apportioned to the monthly sewer charges so that
this portion is paid by current customers.
(6:32:04 PM)
Doug Dove, consultant with Bartle Wells Associates, summarized the rate chart that was
mailed to individuals along with the notice of the proposed rate increase and public hearing
on the proposed increase. The City is planning to issue approximately $75 million dollars
in bonds in the next few months and that necessitates the increases. He went on to review
the rate structure, noting that there is a built in conservation incentive included in the new
rates. He explained that the proposed rates are the same for the City and the District. He
proposed that the City and District implement a "one meter policy". He proposed that there
be one bill per property. Both Council and District members questioned Mr. Dove and staff
concerning the proposed rate increase, billing policy, delinquency rate as it pertains to the
City's bond rating, and concern with putting the burden for collection of sewer bills upon
landlords.
Councilmember Baldwin requested that staff return in a month to discuss the Public
Benefits Fund as a possible offset to these fees.
City Manager Horsley responded by stating that it is staff's plan to bring forward options to
Council within the next six months.
Public Hearing Opened: 6:52:06 PM
Members of the audience that spoke to the issue included: Ukiah Morrison, Ken
Farnsworth, Els Cooperrider, Judy Hatch, Cynthia Hernandez, Bob McAdoo, J.W. Tarver,
Dorothy Grivette, Lynn Imalu, Warren Sawyers, Lee Kramer, Estok Menton, Lloyd Gerboth,
Judy Pruden, Roy Gribal, Bob Moriety, and Charley Ruelle.
Public Hearing Closed: 7:36:38
Mayor Ashiku noted that 25% of the proposed residential rate is based on consumption
which makes it possible for those people who use a little bit of water and who don't impact
the sewer system as much, to pay a lower fee than someone else who uses a lot of water
and has a larger impact on the sewer system. The attempt was to encourage people to
conserve and make it possible for the City to be eco friendly at the same time.
Considerable discussion ensued with regard to the proposed sewer rates, connection fees,
bonds, projected growth rate for the City of Ukiah, repairs needed at the wastewater
treatment plant that need to be made to meet water quality standards, the possibility of
adjusting/reducing the rates in the future, and City staff assisting managers and landlords
of multiple units in calculating individual sewer bills based on previous usage.
Councilmember McCowen discussed a different rate scenario from what is proposed by
staff.
District Board Chairman Delbar expressed his concerned with billing landlords.
City Attorney Rapport explained that it states in the Proposition 218 notice that the
residential rate will be a combination of the fixed fee minimum plus the consumption
charge which is based on water use measured at the meter in January. Both the City and
District need water consumption data from the water districts serving Sanitation District
customers in order to estimate the probable fees that landlords will pay under new rules,
and to charge customers under the new rates. Chief Deputy County Counsel Zotter
concurred.
8. PUBLIC HEARINGS
8c. Introduction of an Ordinance of the City Council of the City of Ukiah Amendin.o
Section 3707.17 of the Ukiah City Code Requiring Sewer Services to be
Charged to the Customer Receiving Water Services - 8:35:48 PM
District member Wattenburger voiced a need to investigate and have a report back at the
next meeting concerning a senior rate because it will have an impact on fixed income
individuals. It is his hope to obtain several million dollars from the federal government in
order to drive down the cost of the monthly bills for everyone. He preferred keeping multi
unit complexes at the flat rate for residential units for individuals and sending the bills to
individual units. He supported the rate of $20.97.
District Chairman Delbar, again, voiced his concern with the issue of billing landlords
instead of individuals.
(Item 8b)
M/S Baldwin/Rodin adopting Resolution 2006-20 revising and modifying rates for Sewer
Service for the fiscal years 2005-2006 through 2009-2010, motion carried by the following
roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor
Ashiku. NOES: None. ABSTAIN: None. ABSENT: None.
Chief Deputy County Counsel Zotter advised the District can only act by ordinance in this
situation. Even though the two ordinances are virtually identical, there is a special clause
in the City's ordinance that allows it to change rates by resolution whereas the District's
ordinance does not contain that clause. Therefore, he recommended the District adopt an
urgency ordinance with findings in order to act on the matter at this meeting so that it would
be consistent with the City's action. He provided language for the urgency of "Whereas, it
is necessary that this ordinance take effect immediately because the City will act to adopt
new rates on November 2, 2005 by resolution in order to obtain bond financing for the
construction of the improvement to the City sewer plant by the end of November."
M/S Wattenburger/Crane adopting the Ordinance as stated with the urgency provisions
suggested by Chief Deputy County Counsel Zotter, and to include investigation of CARE
programs, senior citizen discounts, etc. as soon as possible; carried by the following roll
call vote: AYES: District members Crane, Wattenburger, and Chairman Delbar.
(item 8c)
M/S Baldwin/McCowen introducing Ordinance by title only.
Councilmember Rodin requested that the City send a letter to landlords and tenants
providing them with an estimate of a fair rent increase based on prior usage to the extent
such information can be provided under the Public Records Act.
Councilmember Baldwin recommended that landlords and tenants be informed of their
current usage.
Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen,
Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None.
City Clerk Ulvila read the title of the Ordinance, "An Ordinance of the City Council of the
City of Ukiah Amending Section 3707.1 of the Ukiah City Code.
M/S McCowen/Rodin Introducing Ordinance; carried by the following roll call vote:
AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES:
None. ABSTAIN: None. ABSENT: None.
Recessed: 9:12:18 PM
Reconvened: 9:17:47 PM
Mayor Ashiku announced that he unintentionally made an error by not allowing public
comment on this matter.
Public Hearing opened: 9:17 PM
Members of the audience that spoke to the issue were Ron Ledford, Robert Gattenburger,
Lee Kramer, and Judy Pruden.
Public Hearing Closed: 9:26 PM
It was the consensus of the City Council to not reconsider its decision.
City Manager Horsley requested that item "10a" be considered next on the agenda.
Council concurred.
10. NEW BUSINESS
10a. Award of Contract to Argonaut Constructors in the Amount of $7097697 for the
Construction of Airport Infrastructure Improvements as Outlined in
Specification PW 03-10
No public comments received.
M/RC McCowen/Crane authorizing award of contract to Argonaut Constructors in the
amount of $709,697 for the construction of Airport Infrastructure Improvements as outlined
in Specification PW 03-10; carried by the following roll call vote: AYES: Councilmembers
Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None.
ABSENT: None.
Councilmember Baldwin stated that he would like to hear from Chris Stone regarding a
proposal to relocate the airport.
10b. Review~ Discuss~ and Formulate Comments Concerning the Hop Kiln (Ryder
Homes) Development Project on 154 Acres in the Unincorporated Area
Northeast of the City - 9:30:33 PM
Planning Director Stump advised that Mendocino County has distributed a referral packet
of the Hop Kiln (Ryder Homes) development project to the City for review and comment.
The Hop Kiln ranch development proposal is located on 154 acres east of the Masonite
plant property. He discussed the two proposed scenarios. The developers have expressed
a desire to understand any concerns the City has about the project and have indicated a
willingness to work with the City to solve potential problems and address City concerns.
He noted that the City will have the opportunity to review and comment on the potential
environmental impacts resulting from the project when the draft Environmental Impact
Report (EIR) is prepared and circulated for public review, and to also comment on the
merits of the project.
Jay Ryder, owner of Ryder Homes and proponent of the project, explained that his
company submitted a site plan to the County about a year ago and have been working on
the application to meet County standards. They are scheduled to go before the County for
consideration of the environmental scope of the project in preparation of an EIR. They
intend to phase the project over several years, incorporating planned development with
planned growth. He responded to questions submitted by Council concerning the project.
Richard Derringer, agent for the applicant, discussed the composition of the development
and noted it is their vision that it be development in the order of an urban village, utilizing
smart growth and mixed use aspects.
Considerable discussion ensued with regard to the proposed development. Council
expressed its concern with potential impacts to City of Ukiah's infrastructure, including
traffic congestion, roads, water and sewer services, and fire and police services. The topic
of wells on the former Masonite property and the potential for annexation into the City was
also discussed.
Public Comment Opened: 10:06 PM
Members of the audience that spoke to the issue included Neil Rathkey, Judy Pruden,
Steve Wilson, Joe Wildman, Tom Larson, Wallace Stahl, David Smith Ferri, James
Connerton, Lisa Mammina, Pinky Kushner, Anne Oliver, Madeline Holtcamp, Vishnu, Mary
Anne Miller, Richard Shoemaker, Darlene Hamilton, Al Krauss, Dotty Coplen, Phyllis
Curtis, Mary Anne Landis, Jay Ryder, and Richard Derringer.
Public Comment Closed: 10:59 PM
Council and staff further discussed the proposed development and potential impacts to the
City of Ukiah. The Ukiah Valley Area Plan (UVAP) was also discussed.
It was the consensus of the City Council to recommend to the County to not allow any
further General Plan Amendments until the UVAP is completed. It was noted by Planning
Director Stump that final comments on the project are due at the County on November 18,
2005.
It was the consensus of the City Council to form a subcommittee of Councilmember
Rodin and McCowen, along with Planning Director Stump, to develop a letter from the City
Council and one from City staff, addressing the City's concerns and present the letters to
the Council at its next meeting.
Recessed: 11:29 PM
Reconvened: 11:40 PM
=
UNFINISHED BUSINESS
Discussion of Conflict of Interest in Formula Business and Form Based
Zoning Matters -11:40
City Attorney Rapport advised that the Fair Political Practices Commission (FPPC) has
issued a written opinion responding to conflict of interest questions submitted by
Councilmember McCowen. His questions arise out of his ownership of several parcels of
property in or within 500 feet of the downtown business improvement district, Perkins
Street or Gobbi Street. These are the areas that could be affected by a moratorium on
"formula businesses", which the City Council has discussed and by "form-based zoning"
which the City Council plans to consider. Because other City Council members also own
interests in real property in or within 500 feet of these areas, he was asked to review that
opinion and discuss the impact of the opinion on the ability of City Council members to
participate in the discussion or adoption of a moratorium on formula businesses in these
areas or the adoption of form-based zoning for these areas.
He read the FPPC opinion and it is his opinion that Council members who own property in
the downtown or on the "Gateway Streets" (Perkins and Gobbi) or within 500 feet of those
areas will have a conflict of interest with respect to the interim moratorium on formula
businesses or the adoption of form-based zoning for those areas. If the existence of the
conflict prevents the City Council from having enough Councilmembers to make a decision,
then the City Council may select randomly enough Council members with a conflict to
make up the minimum number required to make a decision.
Discussion followed regarding the matter and determining the selection process for
determining which Councilmembers would participate in discussion and decision making
concerning the proposed moratorium on formula businesses and form-based zoning
issues. A poll of the City Council determined that four of the five Councilmembers have a
potential conflict of interest concerning both of these matters. It was noted by City Attorney
Rapport that each Councilmember may contact the FPPC or an attorney for advice.
It was the consensus of the City Council to move forward with this matter.
11. COUNCIL REPORTS 12:03 am
Councilmember Rodin reported attending the Russian River Watershed Association
meeting last Thursday. She stated that there is an Economic Summit at Mendocino
College this Friday. She reported speaking with Colleen Henderson and was informed that
she is the only representative from the City attending the meeting. They plan to discuss
economic clusters at their next meeting.
12.
CITY MANAGER/CITY CLERK REPORTS
7
City Manager Horsley offered Council a choice of either keeping the 2005-2006 fiscal
year budget in a binder or having a bound version. All of the Councilmembers requested a
bound budget.
Adjourned to sit as the Ukiah Redevelopment Agency: 12:06 AM
Reconvened: 12:07 AM
Adjourned to Closed Session: 12:07 AM
13. CLOSED SESSION
13a. Conference with Labor Negotiator~ Government Code 54957.6
Employee Negotiations: Electric Unit & Miscellaneous Unit
Negotiator: City Manager
Reconvened: 1:20 AM
No action taken.
14. ADJOURNMENT
There being no further business, the meeting was adjourned at: 1:20 AM
Marie Ulvila, City Clerk