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HomeMy WebLinkAboutMin 10-07-98MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, October 7, 1998 The Ukiah City Council met at a Regular Meeting on October 7, 1998, the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. Councilmember absent: Chavez. Staff present: Sergeant Dewey, Finance Director Elton, Personnel Officer Harris, Risk Manager/Budget Officer Harris, City Manager Horsley, Public Works Director Kennedy, City Attorney Rapport, Planning Director Sawyer, Senior Planner Stump, Police Chief Williams, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Mayor Malone led the Pledge of Allegiance. 3. PROCLAMATIONS: 3a. Proclamation Advocating Human Rights Mayor Malone read the proclamation advocating human rights. Cora Simmons accepted the Proclamation although the Proclamation did not contain the language that she had intended. Her intention was to have a proclamation designating October 22nd as a day that there would be no police brutality or killing by a police officer on that day. She applauded the men and women in law enforcement but felt the proclamation the City supported was not strong enough. 4. APPROVAL/CORRECTION OF MINUTES a. Regular Meeting of September 16, 1998 MIS Ashiku/Malone approving the minutes of the Regular Meeting of September 16, 1998 as submitted, carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Chavez. 5. RIGHT TO APPEAL DECISION Mayor Malone reviewed the appeal process. 6. CONSENT CALENDAR Councilmember Kelly inquired about Item 6g with regard to a letter from Ms Kraft's attorney requesting that the sidewalk condition be repaired. City Manager Horsley advised that a letter was sent to the contractor informing them that an encroachment permit would be necessary and to remove the impediment. The City repaired the sidewalk and billed the contractor for the repairs. MIS KellylAshiku approving Items a-o of the Consent Calendar as follows: a. Accepted Notification to City Council Regarding Award of Bid for Installation of Two Four Inch Conduit Trench Crossings on Orchard Avenue to Wipf Construction in the Amount of $9,850; b. Adopted Ordinance No. 1013, Amending Division 4, Chapter 2, Section 3707.9 of the Ukiah City Code Establishing Industrial Waste Rates, Time Period Requirements for Adjustments and Method for Determining Equivalent Sewer Service Units for Certain Industries; c. Adopted Resolution 99-17 and Authorized the Mayor to Execute Amendment No. 1 and Exhibit A, to Contract No. 94-SAO-00047 for Funding of Maintenance Work at the Shasta Powerplant; d. Approved Notice of Completion for Construction of Street Striping 1998, Specification No. 98-10; e. Accepted Report of the Acquisition of ~ervices from Republic Electric for Installation of Traffic Signal Loop Detectors in an Amount Not to Exceed $6,200; Authorized Expenditure of $15,000 for Juvenile Work Program at Ukiah Solid Waste Disposal Site; Rejected Claim for Damages Received From Renee Kraft and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; g. October 7, 1998 Page 1 h. ko m. o. Accepted Report of Emergency Purchases for Slope Stabilization Work at Ukiah Solid Waste Disposal Site and Authorized Budget Amendment Transfer of $35,000 from Account 660.7301.250.000 to Account 660.3401.310.000; Awarded Bid For a Used 250 KVV Generator At The Hydro Plant to Bayside Equipment Company In The Amount of $29,000; Awarded Bid For the Purchase of Liquid Polymer to NTU Technologies In The Amount of $42,300; Approved Lease For A Portion of the Ukiah Regional Airport With Mendocino County Farm Supply; Accepted Notification Regarding The Award of Bid For The Purchase of Three (3) 600 AMP Distribution Switches to Southwest Power In The Amount of $7,792.79; Joined Amicus Brief to Court of Appeals in Howard Jarvis Ass. v. San Diego; Awarded Bid For The Disposal Of Biosolids To Residuals Processing, Inc. For The Sum Of $40.52 Per Ton During Dry Weather And $49.52 Per Ton During Wet Weather Plus $250 Per Month Dump Trailer Rental; Approved Budget Amendment for Replacement of Failed Engineering Department Computer. The motion carded by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone NOES: None. ABSTAIN: None. ABSENT: Chavez. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEM~ Ed Harnett, 915 W. Perkins Street, was of the opinion that the City Council should investigate the death of Marvin Nobles and inquired why three officers, plus an attack dog, could not take one person into custody. He felt that the policies and procedures for the Police Department should be made available to the public. 9. UNFINISHED BUSINESS a. Reconsideration of Demolition Permit For St. Mary's Church Councilmember Ashiku reported that he has been advised by the Fair Political Practices Commission that he must recuse himself from this matter for the next 14 days due to a possible conflict of interest. City Attorney Rapport advised that the City Council would need a 4/5's vote would be necessary if the City Council wanted to enact an emergency ordinance. Since only three Councilmembers are present to hear this matter, Council would not be able to enact the ordinance as an urgency measure. He reported that at the May 20, 1998 City Council meeting, Council determined that the St. Mary's Church has historical and architectural significance. Government Code {}37361 is a statute which authorizes cities to protect historical and architecturally significant buildings. In 1994 a Subsection was added to that statute which said that if the building is owned by a religious organization, and the religious organization objects to the application of city regulation that protects historic buildings, the city cannot apply those regulations to the property that is owned by the religious organization. The St. Mary's Church had objected to the City's architectural protection regulations as it relates to their church on Perkins Street. Therefore, the City Council determined on May 20 that, although the church has historical and architectural significance, the Building Official should be allowed to issue the Demolition Permit. The Demolition Permit was issued on May 21, 1998 by the Building Official. On July 30, 1998, the property owners received approval from the City Engineer for a Tentative Parcel Map for a five-parcel subdivision of the St. Mary's Church property which includes, as a condition of recording the parcel map, that the owners demolish the church. On September 10, 1998, the City received a letter from National Trust for Historic Preservation (National Trust), which enclosed an Order from the Superior Court in Sacramento which had declared the 1994 Subsection unconstitutional as a violation of the establishment clause in the United States and California Constitutions, and a violation of the No Preference Clause in the California Constitution. The No Preference Clause says that the State cannot give a preference among religions as to a non-religion organization. The City was then asked to reconsider its decision, in light of this determination, that State statute is unconstitutional. In response to the letter from the National Trust, he submitted October 7, 1998 Page 2 a report to Council, making several legal points for their consideration. He advised that the Superior Court decision to the 1994 Subsection is on appeal to the Third District Court of Appeal in Sacramento, and that decision is stayed on its appeal. Until a final Appellate Court or the Supreme Court decision is made in the case, the Order does not conclusively establish that Subdivision © is unconstitutional. He noted that Article III, Section 3.5 of the State Constitution prohibits "administrative agencies" from declaring a state statute unconstitutional or refusing to enforce a state statute, unless that statute has been declared unconstitutional by an Appellate Court. He pointed out that the time for challenging the City Council's May 20, 1998 decision has expired. The City Council has no legal obligation to take any action in response to the letter from the National Trust. He warned that if the City Council determines to undertake reconsideration of the May 20, 1998 decision, it could expose the City to litigation. Under the existing Ukiah City Code, the City Council does not have the authority to reconsider its decision under these circumstances. To address this problem, the City Council could adopt an ordinance, on an urgency basis, authorizing reconsideration and attempt to apply that ordinance retroactively to its May 20 decision. He discussed issues the City Council would need to address to enact an urgency ordinance. He recommended that the City Council take no action in response to the letter from the National Trust for Historic Preservation. The time has passed to challenge the Council's May 20 decision. He noted that the constitutionality of the statute was not raised by anyone at the May 20, 1998 hearing. For those reasons, he felt that would be the most legally defensive action to take at this time. Mayor Malone advised that the same three Councilmembers who made the decision on May 20 are in attendance to hear the matter again. With only three Councilmembers available to hear the pending matter at this time, an urgency ordinance could not be invoked at this meeting. He expressed his concern that the proposed emergency ordinance would open other issues in the future, especially that any decision could be revoked at a future date. He expressed his concern with liability issues with going back to reconsider previous Council decisions at some future date. Public Comment Period Opened: 6:58 p.m. Richard A. Schreiber, 700 E. Gobbi Street, advised that St. Mary's Church was condemned by the City and a Demolition Permit has been issued by the City. The church has raised funds to construct their new church. He opposed Council overturning their previous decision to allow a Demolition Permit. He felt Council should stand by their word. Phil Baldwin, 627 Willow Avenue, commended the City Attorney for his research on the matter. He noted the Demolition Permit was issued the day after the City Council took action on the matter. He addressed Section 3016, subdivision (c) . He felt the community needs more time to work with the church, developers, and cultural groups in the City in order to preserve the church and avoid the "taking" issue, and ensure the church is paid for their property. He felt that, with the strong community concern, an amiable solution could be made for the St. Mary's Church which would meet the concerns of all parties involved. Jim Stephenson, Potter Valley resident, and member of the parish, was in favor of demolition of the church and expressed his concern with the occupancy of the church, should it not be demolished. Maryann Villwock discussed her concerns with the letter from the National Trust and felt the City should have a means whereby they can reconsider an issue. The City determined in May that St. Mary's Church had historical significance, but allowed the demolition process due to the statutes known to them at that time, and the fact that the religious organization did not object to their decision. She felt the City's decision gives a preference to a religious organization and the statute exempts them from certain rules that may apply to other property owners. The Demolition Permit was issued to someone other than the church, and therefore would not come under the exemption of the statute. She urged the City Council to "look at the big picture" and create an authority for itself so that when an October 7, 1998 Page 3 issue needs to be reconsidered, it can be addressed. At the time of the City Council's decision in May, no one knew that the demolition of the church would be an issue of the sale of the property. Phillip Ashiku, Ukiah, inquired of he City Attorney if he could speak on the matter. City Attorney Rapport advised Mr. Ashiku that he can express his views as a private citizen. Mr. Ashiku felt that when the City Council made their decision in May, they made it with the best possible facts available to them at that time. It was his opinion that it is a vested right of the church and property owner in their pursuit of the Demolition Permit and subdivision map for the property. He felt it would be to their detriment if the procedure is contemplated in a process for the revocation of the Demolition Permit and would place the City in an incredible liability situation. He expressed strong concerns with liability to the City and costs in attorney fees should the City Council overturn their May decision. He urged the City Council not to enact any process which would place the City in jeopardy of this, and future decisions, and expounded upon the liability issue to the City. Mark Schuy advised that many parishioners are very concerned about the church being desecrated and how the church will be used after the property is sold. He felt the City Council should not revoke the Demolition Permit. Al Bazzani, 2820 Boonville Road, asked "When is a permit a permit?" He expressed concern that rules have been established, permits have been issued, and people have taken the proper steps towards a change in ownership and future use of the property. He felt the Council has enough stop-gap measures available at this time and encouraged them not to enact another ordinance. Judy Pruden, 304 South Hortense, discussed a previous City Council action concerning amending an ordinance for the Industrial Park regarding an auto dealership. At that time, Council amended that ordinance. She felt it is important to admit when a mistake is made. Occasionally mistakes are made, and felt a means should be made whereby the mistakes can be corrected. She has received many phone calls regarding the St. Mary's Church and felt the community should do more to preserve its historical resources. Katherine Rolzinski, 402 W. Stephenson, expressed her concern with the polarization of the community concerning the demolition of St. Mary's Church. She would like to see the community and City Council find a way to preserve St. Mary's Church, while making just compensation to the church for the property. She felt the community has a second chance to consider the future of the church structure. She encouraged Council to draft an ordinance so that the community would have more time to consider alternative uses for the church, without de-sacralization of the church. Martin Bradley, 620 Malagra Road, advised he is a parish member and hopes the City Council would consider all options and enact an emergency ordinance regarding the demolition of St. Mary's Church. Mike Shapiro, businessman at 367 N. State Street, advised that he is one of the developers who entered into a contract with the Archdiocese to purchase the property. One of the conditions that the Archdoicese put on the sale is that the church be demolish. He discussed section (c) and how it was put into place as a guide to a religious organization for their sacred property. He discussed the letter from the National Trust and felt the law is still binding until an Appellate Court makes a decision otherwise. He advised that they applied for a minor subdivision and were told by City Staff to proceed. They have followed the law and felt there is no need for an emergency ordinance concerning this matter. He and the other developers have taken the May 20 decision of the City Council to be permanent. With a new ordinance, the City Council would be able to change their mind concerning a previous decision. They have entered their contracts in good faith, based on the May 20, 1998 City Council decisions concerning the St. Mary's Church property. October 7, 1998 Page 4 Monte Hill, 1308 W. Clay Street, advised that the church is concerned with the future occupancy of the church. If the City Council passes an emergency ordinance, they are essentially saying that there is no assurance that the condition imposed upon the church, or any property owner, could not be changed in the future. Public Comment Period Closed: 7:31 p.m. Mayor Malone was of the opinion that the community's expectation of government is to be consistent. He discussed the potential of any Councilmember, with the passage of the proposed ordinance, bringing a matter back to Council for reconsideration. He felt the church still has an opportunity to work with the developers and members of the community to resolve their differences and find an amiable solution for the future use of the property, without the involvement of the City Council. It was his opinion that the City should take into consideration a property's ancestors wishes when making decisions regarding demolition permits, even though the property may have historical significance. He felt that the ancestors' wishes should be respected, since the property was used for their purposes, and effectively creates their history. He questioned "Who does history belong to?" He opposed an emergency ordinance and felt Council should stand by their previous decisions. He felt that a historical ordinance should be passed in the future as part of the General Plan process. Councilmember Kelly proposed that an emergency ordinance would give the City guidance in dealing with historical properties in the future, as well as the "takings" issue. She discussed the community's interest in historical preservation and the proposed ordinance which was provided by the City Attorney in his staff report. Of particular interest were the grounds which a matter could be reconsidered by the City Council. She discussed the Council's May 20 decision, noting they made the best possible decision based on the facts available at that time. Since that time, new information has been received. MIS Kelly/Mastin directing staff to bring the proposed ordinance before the City Council at the next meeting when a full Council is present. Councilmember Mastin expressed his concern with the City Council standing by its word and people going forward based on decisions that the Council makes. He supported Council considering the ordinance at a later date, however, he was opposed to its retroactive use relative to the demolition of the church. He concurred with Mayor Malone in that the parties involved should continue their discussions. He would like to see St. Mary's Church preserved and noted several people have spoken to him about the possibility of moving the church. One possible relocation site is the Railroad Depot property. He discussed the plans for development of the Railroad Depot property, noting MTA is looking for partners to develop the property. He felt the City Council should stand by their decision. City Attomey Rapport suggested that if the intent of Council is not to adopt the ordinance as it relates to this specific issue, Council may consider referring the ordinance to the Planning Commission for recommendation. Regarding the takes issue, he reported receiving a call from an environmental law specialist attorney in Sonoma County who was asked to look into the matter. The attorney informed him that there are a number of historical preservation ordinances that take different approaches to the takes issue, not the reconsideration issue. He suggested Council may wish to review those ordinances, in addition to the ordinance proposed, and find one that takes the best approach. A revised ordinance could then be presented to Council for consideration. Another option would be to present the ordinance to the Planning Commission and that they make a recommendation to the City Council within a certain time frame. Discussion followed concerning the possibility of amending the proposed ordinance or presenting the ordinance to the Planning Commission for consideration. It was noted that part of the General Plan process is for the City to adopt an ordinance regarding historical preservation. Various sections of the proposed ordinance were discussed. It was noted that had the construction of the new church not taken so long, the old church would have been demolished by now. October 7, 1998 Page 5 Planning Director Sawyer advised that the City Council authorized the hiring of a consultant to complete the work on the historical preservation section of the General Plan and it is estimated that it would come before Council in about six months. A meaningful inventory needs to be conducted by the consultant. He discussed an interim ordinance that went to the Planning Commission last year and they made recommendations to staff. Staff needs to bring the revised ordinance back to the Planning Commission for consideration. He reported that many structures within the City need to be evaluated and inventoried, and that staff needs technical advise. An amended ordinance could be brought to Council in a couple months. The City Clerk read the motion on the floor. Discussion followed concerning whether to bring the proposed ordinance back to Council or an interim historical preservation ordinance, as well as having the Planning Commission review the ordinance. Motion Kelly directing Staff to bring an interim ordinance to Council that would include information from other sources, and to keep the interim ordinance in the hands of staff, with the understanding that there is a lengthy and more detailed process ongoing in a parallel way for the permanent ordinance. Discussion followed concerning having the ordinance agendized on the Planning Commission meeting of October 28 and when the ordinance would come back to the City Council. It was noted that October 28 is designated for the joint meeting of the Planning Commission and City Council. MIS Kelly/Mastin rescinding their previous motion. Motion Kelly/Mastin that staff review the interim ordinance, making revisions in consultation with other experts, and presented to the City Council and Planning Commission for discussion at their Joint Meeting on October 28, 1998, and to bring the Ordinance back to the City Council as soon thereafter, carried by the following roll call vote: AYE: Kelly and Mastin. NOES: Mayor Malone ABSTAIN: None. ABSENT: Chavez and Ashiku. City Attorney Rapport advised that this type of ordinance would not require a public hearing notice. Recessed: 8:12 p.m. Reconvened: 8:2 5 p.m. Mayor Malone advised that a request has been made that some Agenda items be taken out of order and there was no objection by Council. 8. PUBLIC HEARING a. Citizens Option For Public Safety_ Grant {COPS). California Supplemental Lay.' Enforcement Oversight Committee Annual Report FY97-98, And Public Hearing for Approval of Funding FY98-99 Police Chief Williams reported that the proposal is a continuation of the Citizens Option for Public Safety (COPS) grant program. The law requires an annual review of expenditures of all entities receiving COPS funding to determine if funds are spent according to the law. This fiscal year, $33,832.27 was awarded to the City of Ukiah. The Ukiah Police Department plans to use some of the funding to continue technology upgrades in the areas of communications and direct officer support. Ukiah Police Sergeant Dewey advised that some funds will also be used for improvements to their current evidence processing and storage areas. They plan to obtain additional cameras for processing photos of evidence. These cameras will be capable of photographing evidence and then it can be transferred to a floppy disk to ensure the image is obtained and not altered. October 7, 1998 Page 6 Discussion followed concerning cameras used for evidence processing and the storage facility. It was noted that the Police Department will be working with the Mendocino County Mental Health Department regarding a training program, which is included in the Police Department's budget. Public Hearing Opened: 8:31 p.m. No comments received. Public Hearing Closed: 8:31p.m. MIS Kelly/Mastin approving technology and facility upgrade spending plan for COPS funding program, carried by the following roll call vote of all AYE: Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Chavez. 10. NEW BUSINESS a. Adoption of Resolution Authorizing 1998-99 Grant Funding For Community Based, Non-Profit Organizations City Manager Horsley advised that Councilmembers Chavez and Ashiku, as well as two Staff members served on the subcommittee which met to recommend which organizations would be funded from the $20,000 available in 1998-99 grand funding to community based, non-profit organizations. Nineteen entities applied for a requested total of $57,163. The subcommittee made recommendations to fund all or a portion of nine proposed programs. Councilmember Ashiku discussed the difficulty in making a decision, but the subcommittee identified programs which they felt had the highest public benefit. He discussed various levels of funding. He noted that there were many worthwhile projects and recommended that next year criteria should be established so that the organizations will know if they have a project which can be funded under this program. Discussion followed concerning the funding procedure and various entities who applied for funds under this program. Council discussed their desire to fund all of the projects and recommended this be considered in the next Fiscal Year budget sessions. Council commended Councilmembers Chavez and Ashiku for their participation on the review committee. Joyce Ives, Community Care, Linkages program, thanked the Council for their generosity and noted the funds will be used for client services that cannot be funded by other resources. She discussed their budget and various programs working with the elderly. Roy Smith, Ukiah Valley Association for Habilitation, thanked Council for their consideration and noted the $631 in funding will go toward building repairs. Karin Wandrei, Mendocino Family Youth Services, expressed disappointment in not being selected for funding, however, they will apply again next year. They have received funding from the City in the past and were happy that the City is able to financially assist community based organizations. She supported the recommendation to establish criteria for funding prior to next year's application process. Melissa Phillips, Ukiah Senior Center, thanked Council for the grant and advised the funds will go towards home assistance care for seniors. Henry Bates, Mendocino County Library Director, advised that the library has received funding from the City in 8 out of the past 10 years. The funds will assist in establishing computer work stations at the library. He also thanked the City Council for landscaping assistance. Jani Sheppard, Project Sanctuary, thanked the City Council and advised the funds will go towards their Children's Program. She noted that October is Violence Awareness Month. October 7, 1998 Page 7 Judy Judd, Ukiah Community Center, thanked Council and noted the funding will go towards their 24-hour crisis line staffing in working with the homeless in Ukiah. Moses Stoda, Mendocino Latinos para la Comunidad/Nuestra Case, thanked Council for their consideration and funding. The funds will be used for after school cross-age training. He noted that they have 150 children registered and interested in the program but can only handle 40. Patrick Bemstead, American Red Cross, thanked Council for their support in moving into the fire station on North State Street. He wanted to make a special thanks to the Fire Department for all their help. The Red Cross will be having an open house in November. Discussion followed concerning limited funding of programs and recommendation of increasing funding in the next Fiscal Year's budget. MIS Mastin, Ashiku Adopting Resolution 99-18, Authorizing 1998-99 Grant Funding For Community Based, Non-Profit Organizations In An Amount Not To Exceed $20,000, carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Chavez. NEW BUSINESS 10. b. Proposal To Underground Cleveland Lane Drainage Channel Director of Public Works Kennedy advised that the proposal has been tendered by residents within the Marshall Street neighborhood and the Alex R. Thomas Company (Petitioners), for the undergrounding of the existing open drainage ditch running adjacent to their properties. The Petitioner's propose to financially contribute towards the cost of replacing the open drainage ditch with a 36" high density polyethylene pipe (HDPE). The City would sponsor the project and pay for the balance of the costs. It is proposed that each Petitioner pay for one-half the cost for the pipe material running the length of his/her property. Based on a material quote of $28.26 per foot of 36" HDPE pipe and an approximation of the length of each contributing parcel, the total of the Petitioner's contribution is estimated at $16,462.12. Based on preliminary information, it is estimated that the undergrounding of this open drainage channel would cost $56,000. Based on the Petitioner's proposal, the City would contribute approximately $39,500 for the proposed project. With the use of an over-head projector, he discussed the project area, the contributary drainage area, current drainage lines, yearly flooding conditions, and the composition and maintenance of the drainage ditch. He noted a concern of Mr. Thomas regarding the City requiring a 10 foot drainage easement, which would put restrictions on his property. Mr. Kennedy recommended that Council authorize Staff to proceed with the needed field survey review of alternatives and project design for the purpose of establishing an Engineer's Cost Estimate should the City Council agree that the proposed project is in the best interest of the City. Should the project proceed, Staff also recommended that formal agreements between the participating property owners and the City be entered into. Discussion followed concerning the maintenance of the drainage ditch, flooding, and various residences and businesses in the area which are affected. Concern was expressed for future damage to properties in the area if the problems are not addressed soon. Public Comments Period Opened: 9:23 p.m. Darrell Bragg, 639 and 649 Marshall Street, advised that a 600 foot retaining wall was installed on his property and every year when the City cleans out the ditch, part of the retaining wall caves in. It has now allowed the water to take the dirt away from one corner of his garage. The ditch is up to the foundation of his garage and may undermine the footing of the garage soon. He would like to see the drainage ditch undergrounded and felt it would be to the City's advantage to install a culvert than to continue to clean out the ditch. October 7, 1998 Page 8 Eric Larson, 123 Clara Avenue, advised that he does business at the end of Clay Street and reported that this area floods about one foot deep each year. This location is directly north of the proposed project. He felt that the scope of the engineering study takes into consideration the entire area. Ralph Gomes, 679 Marshall Street, felt there is a serious safety hazard near the location of the culvert with children playing near the culvert. The property owners have obligated funds to correct the problems and he solicited Council's support of the project. Public Comment Period Ended: 9:30 p.m. MIS MalonelAshiku determining that the Petitioner's proposal to underground Cleveland Lane's open channel is appropriate and authorized Staff to proceed with field survey work, design, and preparation of Engineer's Cost Estimate for future presentation to the City Council, carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Chavez. 8b. Public Hearing To Consider Certification Of The Supplemental Environmental Impact Report, Adoption of Appropriate Findings, And Approval Of The Project For The City's Proposed Modification To Its Solid Waste Facilities Permit For The Ukiah Municipal Solid Waste Landfill Located At The Terminus of Vichy Springs Road i. Adoption Of Resolution Certifying The Supplemental Environmental Impact Report ii. Adoption Of Resolution Making CEQA Finding~ Mayor Malone acknowledged receipt of a letter presented to Council at the meeting from Mr. Gilbert Ashoff, owner of Vichy Springs Resort. Recessed' 9:31 p.m. Reconvened: 9:36 p.m. Public Works Director Kennedy reported that on September 22, 1998, the "Response to Comments" and "Supplemental Environmental Impact Report" (SEIR), for the City of Ukiah Landfill permit revision were distributed to the City Council for review. A poll of the Council revealed that all Councilmembers, with the exception of Councilmember Mastin, had reviewed the report. Public Works Director Kennedy advised that the City proposes to modify its 1996 Solid Waste Facilities Permit for its Municipal Solid Waste Landfill to allow the exceptance of a daily peak or maximum of 295 tons of refuse per day instead of the current permitted daily maximum of 190 tons of refuse per day. The current permitted daily average of 190 tons per day would remain the same. The proposed permit modifications would also amend a condition of the Landfill operations allowing commercial garbage trucks from the new service area (Willits and Fort Bragg) access to the Landfill between the morning hours of 7:00 a.m. to 8:00 a.m. as is currently available to the commercial garbage vehicles servicing the old service area (City of Ukiah, Ukiah Valley, Redwood Valley, Potter Valley, and Boonville). He advised that the California Environmental Quality Act (CEQA) requires governmental entities who are considering a Project to make informed project decisions which consider the potential environmental consequences that may result by reason of Project implementation. On May 6, 1998, the City Council authorized the preparation of a Draft Supplemental Environmental Impact Report (DSEIR) for the purpose of identifying and analyzing any environmental consequences that may result by reason of the implementation of the proposed permit modifications not previously addressed in the certified Final Environmental Impact Report (FEIR) and adopted amendment to the EIR. The DSEIR was prepared by the consulting firm of ESA and was circulated for a 45 day public review and comment period beginning on June 29, 1998. He discussed the original EIR and the evaluation of the issues, responses to comments from those documents, as prepared by ESA. Subsequent to Certification of the EIR by the City Council on February 7, 1996, but prior to the public hearing conducted by the California Integrated Waste October 7, 1998 Page 9 Management Board (CIVVMB), the CIWMB staff notified City Staff that the Draft EIR did not assess the noise effects associated with the proposed daily maximum capacity of 295 tons per day. On September 2, 1997, the Cities of Willits and Fort Bragg, and adjacent unincorporated County areas began directing their waste stream to Ukiah's Landfill. The resulting increase in disposed waste caused the City to occasionally exceed its permitted maximum daily tonnage. The City has elected to augment the noise analysis performed for the original EIR to include an updated assessment of noise impacts resulting from the daily maximum disposal of 295 tons per day. He reported that the SEIR concludes that there are no significant environmental effects anticipated as a result of the proposed permit modifications. It also concludes that the new entrance alternative could reduce noise impacts at the adjacent Vichy Springs Resort that would be associated with the Project. He recommended that the City reject the alternative access road from further consideration due to its potential impacts to the Vichy Springs Subdivision area and the potential impacts to biological resources, slope stability, and down stream water quality. Discussion followed concerning the types of trucks hauling to the Landfill in addition to the hours of operation. Staff and Council discussed the analysis and evaluation of the SEIR, along with ESA consultant Paul Miller, who was also in attendance. The number of trips per day on the road to the landfill and the hours of operation were discussed. The environmental impacts to the Gun Club property and surrounding areas, as well as cost to construct the alternate route to the Landfill, were evaluated. It was noted that the Landfill is expected to close in one year and seven months. City Attomey Rapport advised that, in regards to the FEIR which was part of a law suite, there was a challenge to it procedurally, and the court upheld the findings of the FEIR. The court, therefore upheld the Supplement and the findings as being supported by the evidence in the record. Public Hearing Opened: 10:10 p.m. Judy Pruden, 304 S. Hortense, advised that she is an advocate of the promotion and protection of historical resources in the Ukiah Valley and expressed her concern for Vichy Springs Resort. She discussed the Landfill's hours of operation and its impact on Vichy Springs Resort, voicing her objection to the increased tonnage and truck hauls on the road past the Resort. She commented that the noise from the trucks makes it difficult to hear conversations while at the Resort. She recommended the City establish the Transfer Station. Public Hearing Closed: 10:16 p.m. Discussion followed among Staff and Council concerning noise impacts to those properties near the Landfill. The hours of operation, as it relates to trucks hauling from Willits and Fort Bragg was addressed, especially as it relates to extended period of noise for those staying at Vichy Springs Resort. It was noted that Vichy Springs Resort has been in existence longer than the Landfill. MIS MalonelAshiku Adopting Resolution No. 99-19 Certifying Final Supplemental Environmental Impact Report (SEIR) for a Revision to the Solid Waste Facilities Permit For The Ukiah Landfill As Adequate and Complete, carried by a roll call vote of all AYE: Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Chavez. Discussion followed concerning the proposed Resolution making findings, and recommended revisions were discussed in consultation with the City Attorney. MIS MalonelMastin Adopting Resolution No. 98-20, Including Recommended Changes, Making Findings Pursuant to Public Resources Code Section 21081 and California Environmental Quality Act ("CEQA") Guidelines Section 15091 in Connection With The Decision to Submit an Application to the Local Endorsement Agency and the California October 7, 1998 Page 10 Integrated Waste Management Board to Amend The Solid Waste Facilities Permit For The City Of Ukiah Solid Waste Disposal Site At The End of Vichy Springs Road in Mendocino County, carried by a voice vote of all AYE: Kelly, Mastin, and Mayor Malone. NOES: Ashiku. ABSTAIN: None. ABSENT: Chavez. MIS MalonelMastin Approving the revised "Mitigation Monitoring and Reporting Plan" as amended for the City of Ukiah Landfill Permit Revision", carried by a voice vote of all AYE: Kelly, Mastin, and Mayor Malone. NOES: Ashiku. ABSTAIN: None. ABSENT: Chavez. MIS MalonelMastin Approving the Project and directing Staff to implement the Project by submitting an Application to the LEA for Modification to the Landfill's Solid Waste Facility Permit, carried by a voice vote of all AYE: Kelly, Mastin, and Mayor Malone. NOES: Ashiku. ABSTAIN: None. ABSENT: Chavez. 11. CITY COUNCIL REPORTS Vice-Mayor Mastin noted some revisions to the City Council's Committee Assignments and directed the City Clerk to make the appropriate revisions. He discussed attending the annual League of California Cities meeting and obtained information at the Recycling Workshop regarding the recycling of grass clippings. He discussed the matter with Mike Sweeney, who will follow through with the recommendations. This will increase the City's recycling percentage. Mayor Malone advised there will be a meeting of the water JPA tomorrow at 7:00 p.m. 12. CITY MANAGER/DIRECTOR REPORT,~ City Manager Horsley distributed a letter she wrote regarding animal control. She reported that grinding of pavement for Perkins Street Reconstruction Project will begin on Monday. She briefly discussed the hours of operation and the possibility of entrances to some businesses needing to be closed during the grinding and paving process. 13. CLOSED SESSION Mayor Malone announced the Closed Session agenda as follows: (~.C. §54956.8 - Real Estate Negotiations i. Conference with Real Property Negotiator Property: Assessor's Parcel No. 003-330-66 Negotiating Party: Ryan Under Negotiation: Price and Terms of Payment The City Council adjourned to Closed Session at 10:54 p.m. The Council reconvened from Closed Session at 11:45 p.m. No action was taken. 13. ADJOURNMENT The meeting was adjourned at 11:45 p.m. Marie Ulvila, City Clerk October 7, 1998 Page 11