HomeMy WebLinkAboutMin 01-15-97bMINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING -January 15, 1997
The Ukiah City Council convened in regular session, the agenda for which was legally noticed and
posted, at 6:35 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. ABSENT: None. Staff Present: Customer Service Supervisor
Archibald, Public Utilities Director Barnes, Community Services Director DeKnoblough, Finance
Director Elton, Recording Secretary Giuntoli, Assistant City Manager Harris, City Manager Horsley,
City Attorney Rapport, Planning Director Sawyer, Public Works Deputy Director Seanor, Senior
Planner Stump, Senior Civil Engineer Woods, and City Clerk Henderson.
2. Invocation/Pledge of Allegiance
No invocation was given. Councilmember Mastin led the Pledge of Allegiance.
Special Order of Business
Adoption of Resolution Appointing Councilmember to Fill the Unexpired Term of
Sheridan Malone
Mayor Malone outlined the process to be used by the Council to select the new Councilmember:
the Mayor nominates first and then nominations continue by seniority until a candidate is selected.
MIS MalonelAshiku to nominate Roy Smith. The motion failed by the following roll call vote: AYES:
Counciimember Ashiku and Mayor Malone. NOES: Councilmembers Kelly and Mastin. ABSTAIN:
None. ABSENT: None.
MI Mastin to nominate Judy Pruden. The motion died for lack of a second.
MIS Kelly/Malone to appoint Guadalupe Chavez to fill the unexpired term of Sheridan Malone. The
motion to adopt Resolution No. 97-43 Making Appointment to Fill the Unexpired Council Term of
Sheridan Malone with Guadalupe Chavez was carried by the following roll call vote: AYES:
Councilmembers Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None.
ABSENT: None
i. Swearing in and Seating of New Councilmember
City Clerk Henderson administered the oath of office to Guadalupe Chavez. Councilmember
Chavez took her seat on the Council dais.
3b.
Update from Bruce Richards of Mendocino Transit Authority, Regarding Ukiah Transit
Center
Since Mr. Richards was not present, the Mayor moved on to the next item.
4. Approval of Minutes
i. Regular Adjourned Meeting - December 18, 1996
MiS Mastin/Ashiku to approve the Minutes of the Regular Adjourned Meeting of December 18,
1996. The motion was carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly,
Mastin and Mayor Malone. NOES: None. ABSTAIN: CouncilmemberChavez. ABSENT: None.
ii. Regular Meeting - December 18, 1996
MIS MastinlAshiku to approve the Minutes of the Regular Meeting of December 18, 1996 with the
following correction:
Councilmember Kelly referred to item 10c. At the beginning of the fourth full paragraph, change
the spelling of "Diana Van Phyle" to the correct spelling "Diana van der Byl".
The Minutes were approved as corrected by the following roll call vote: AYES: Councilmembers
Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: Councilmember Chavez.
ABSENT: None.
5. RIGHT TO APPEAL DECISION
Mayor Malone explained the appeal process.
Regular Meeting - January 15, 1997
Page I
6. CONSENT CALENDAR
Mayor Malone announced that Judy Pruden had asked that item 6a. be removed from the Consent
Calendar. Item 6a. became item 11g.
MIS AshikulMastin to approve the Consent Calendar as follows:
b. Adopted Ordinance No. 985 Amending Article 2, Chapter 1, Division 8 of the Ukiah
Municipal Code Relative to the Composition of the Traffic Engineering Committee;
c. Received Report on Purchase Order for Resurfacing Civic Center Facade;
d. Received Report on the Acquisition of Heavy Equipment Repair Services;
e. Approved Budget Amendment for $2,000 Contribution to Mendocino County Inland
Water and Power Commission;
f. Received Notification Regarding Purchase of Liquid Polymer;
g. Received Notification Regarding the Purchase of a Used Forklift;
h. Accepted Resignation of Planning Commissioner John McCowen and Authorized City
Clerk to Advertise to Fill Vacancy; and
i. Received Report Regarding Award of Bid for 5,000 feet of 750 MCM Aluminum, 600V
Single Conductor Cable to G.E. Supply in the Amount of $6,810.38.
The motion was carded by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin
and Mayor Malone. NOES: None. ABSTAIN: Councilmember Chavez. ABSENT: None.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS.
Mayor Malone explained the procedure for audience comments.
Eric Sunsweet, Potter Valley, asked the Council to speak more loudly as it is often difficult for the
audience to hear Councilmembers.
John McCowen, P. O. Box 454, Ukiah, voiced his disappointment in the Council's choice of the
new Councilmember.
St
PETITIONS AND COMMUNICATIONS
Consideration of Letter of Support to REMIF Board of Directors Requesting Coverage
of Skateboard Parks
Community Services Director DeKnoblough presented this item. There has been an ongoing
dialogue between the Council and citizens interested in the development of a skateboard park in
Ukiah. Progress towards the development of a park has been dependent on available property, fund
raising and insurance coverage. New avenues for insurance have opened through the Police
Activities League (PAL) program. The City's insurance carder, Redwood Empire Municipal Insurance
Fund (REMIF), has always exempted skateboard parks from its coverage. However, the REMIF
Board of Directors at its January 31, 1997, meeting will be considering a change in this policy to
allow liability coverage for skateboard parks in member cities. Mr. Don Dolan, local skateboard park
advocate, is asking the City Council to send a letter of support to REMIF backing a proposed change
in REMIF policy to allow insurance coverage for skateboard parks.
Don Dolan addressed the Council. He explained that the primary obstacle to the development of
a skateboard park is the insurance coverage and asked the Council to lend its support by asking
REMIF to change its policy.
Mr. Dolan passed out information to the Council regarding skateboarding, announced the Town Hall
Meeting on the subject scheduled for Tuesday, January 21, 1997, 7:00 p.m. at Ukiah High School
and invited the Council to attend.
Councilmember Mastin was concerned that one of the handouts seemed to imply that Ukiah had
already given its support. Mr. Dolan replied that was only a reflection of the author's (Cookie
Warner) enthusiasm for the proposed skateboard facility in Healdsburg.
No one else addressed the Council on this matter.
MIS MastinlKelly to send a letter of support to the REMIF Board of Directors requesting coverage
of skateboard parks. The motion was carded by the following roll call vote: AYES: Councilmembers
Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT:
None.
.
PUBLIC HEARINGS
Adoption of Resolution Approving Negative Declaration and Introduction of Ordinance
Amending the City Zoning Map to Rezone 49 Lots from C-N {Neighborhood
Commercial) to C-1 (Light Commercial)
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49
Senior Planner stump presented this item to the Council. The project involves changing the zoning
on 49 lots from "C-N" (Neighborhood Commercial to "C-1" (Light Commercial). The changes are
being recommended to better reflect the General Plan. The parcels are generally situated along
Orchard Avenue from Ford Street to Gobbi Street, and along Gobbi Street between Orchard Avenue
and the Northwestern Pacific railroad tracks. The project also involves the parcels comprising the
Pear Tree Shopping Center. The subject parcels are currently developed with a wide variety of high
intensity commercial land uses. These types of uses are inconsistent with the new provisions for the
"C-N" district, but are consistent with the spirit and intent, as well as the allowed and permitted uses,
of the"C-l" zoning district. The Planning Commission, after considerable discussion and public
input, approved this Negative Declaration and rezoning on December 11, 1996. Staff recommends
adoption of the Negative Declaration and introduction of the ordinance.
Mayor Malone opened the Public Hearing at 7:05 p.m. No one came forward to address this matter.
Mayor Malone closed the Public Hearing at 7:06 p.m.
MIS AshikulMastin to approve Resolution No. 97-44 Adopting a Negative Declaration of
Environmental Impact for the C-N to C-1 Rezoning Project. The motion was carried by the following
roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES:
None. ABSTAIN: None. ABSENT: None.
MIS Ashikul Mastin to introduce by title only the Ordinance Amending the City Zoning Map to
Rezone 49 Lots from C-N (Neighborhood commercial) to C-1 (Light commercial) by title only. The
motion passed by a voice vote of all AYE of the councilmembers present.
City Clerk Henderson read the Ordinance by title only.
MIS AshikulMastin to introduce the Ordinance Amending the City Zoning Map to Rezone 49 Lots
from C-N (Neighborhood commercial) to C-1 (Light Commercial).
councilmembers had questions of staff regarding specific parcel designations, traffic flow in
residential neighborhoods, proximity to Iow income housing areas, and proximity of commercial uses
to residential uses. Staff explained the rezoning and emphasized that these changes reflect more
closely the dictates of the General Plan than do present designations.
Rezone 49 Lots from C-N
The motion to introduce the Ordinance Amending the City Zoning Map to the following roll call vote:
(Neighborhood Commercial) to C-1 (Light Commercial) was carried on
AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None.
ABSTAIN: None. ABSENT: None.
Bb. Develo ment Within the Air orr Industrial Park
City Manager Horsley asked that this matter be continued to the next meeting.
City Attorney Rapport stated for the record that this item will not be renoticed, but will be moved
to the next regularly scheduled meeting of the City Council, February 5, 1997.
Mayor Malone reaffirmed this and emphasized to the audience there would be no renoticing of this
matter.
3b.
Transit Center
Bruce Richard, General Manager of Mendocino Transit Authority, addressed the Council in
order to update councilmembers as to the status of the Transit Center proposed for the railroad
station property in Ukiah. Mr. Richard explained how such a center would be compatible with the
General Plan, how important it is to bring transit services together in one place, how the community
supports this effort and how feasible it is becoming with the recent purchase of the rail line for public
use.
Mr. Richard further explained that conceptual drawings have been prepared. He presented several
design schemes while emphasizing how good access is important to the site. He also gave cost
approximations for each scheme. He stated the next step in the development of the site would be
to Master Plan the entire 10-acre parcel. MTA is seeking grant funds to help finance the cost of the
Master Plan. On a final note, Mr. Richard spoke to MTA's enthusiasm for the project and that MTA
is looking forward to strong City participation.
10. UNFINISHED BUSIN. ESS . . in commission
10a.
Regular Meeting - Janua~J 15, 1997
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50
City Manager Horsley noted that Paul Eveleth was still interested in this position. He did not come
to the interview due to confusion over his interview date.
Mayor Malone entertained audience comments.
Phil Baldwin, Ukiah, asked if applicants' questionnaires are available to the public.
City Manager Horsley stated they were.
MIS MalonelAshiku to nominate Mike Correll to fill the term vacated by Phillip Ashiku. The motion
was carded by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin and Mayor
Malone. NOES: None. ABSTAIN: CouncilmemberChavez. ABSENT: None.
Councilmember Mastin nominated Phil Baldwin to fill the term of John McCowen. The motion died
for lack of a second.
MIS KellylAshiku to nominate Roy Smith. The motion was withdrawn by the maker and the
second due to uncertainty by Council of the desire of Mr. Smith to serve in this capacity.
Councilmember Kelly passed her right to nominate to Councilmember Ashiku.
MIS AshikulMalone to nominate Joe Chiles to fill the unexpired term of John McCowen on the
Planning Commission. The motion was carried by the following roll call vote: AYES:
Councilmember Ashiku and Mayor Malone. NOES: Councilmembers Kelly and Mastin. ABSTAIN:
Councilmember Chavez. ABSENT: None.
MIS MalonelAshiku to adopt Resolution 97-45 Confirming Appointments to the Planning
Commission of Mike Correll and Joe Chiles. The motion was carried by the following roll call vote:
AYES: Councilmembers Chavez, Ashiku, Kelly, and Mayor Malone. NOES: Councilmember Mastin.
ABSTAIN: None. ABSENT: None.
10b. Reconsideration of the Award of Contract to Provide Services for the City of Ukiah's
Yardwaste and Woodwaste Diversion Program
City Manager Horsley explained that the item is being brought back at the request of Eric Anderson,
General Manager of Cold Creek Compost, Inc. Mr. Anderson was confused as to why, at its
November 20, 1996 meeting, the Council made the award to Reuser, Inc., which was contrary to
the staff recommendation at the time. She explained that staff is at this time recommending
continuation of the contract with Reuser. She also presented alternative policy options for the
Council's consideration.
Mayor Malone asked if the Council had any questions of staff.
Councilmember Ashiku asked how long it would take to go out for new proposals. City Manager
Horsley replied about six weeks.
Councilmember Mastin had several questions of staff regarding the permits necessary, and the
issue of grinding yard or woodwaste at the landfill, and a concern that insurance requirements be
met.
City Attorney Rapport explained that it would be necessary for either firm to have whatever permits
that are legally required.
Councilmember Kelly had concerns over the timeliness of going out for further bids and wondered
about including performance specifications in the contract.
City Attorney Rapport assured the Council that a formal written contract would cover such items.
Mayor Malone asked for comments from the audience.
Eric Anderson, General Manager of Cold Creek Compost, Inc., thanked the Council for the time
it has taken on this issue. He stated it has been a long process for Cold Creek Compost and that
Cold Creek Compost was ready to provide this service. Cold Creek Compost does not understand
how staff came to its conclusion to award to Reuser and although he sympathizes with staff, he
would like to convince the Council that Cold Creek Compost can do the job less expensively.
He spoke to Cold Creek Compost's position. He outlined the history of its dealings with the City.
He hoped he has corrected any misinformation or erroneous perception that the staff and the City
have. He reiterated that the issue of their compost permit has nothing to do with their ability to
provide this service.
Regular Meeting - January 15, 1997
Page 4
Mr. Anderson presented a letter from Richard Kasminian of the United States Environmental
Protection Agency (USEPA) discussing the fact that composting is not disposal. Several articles from
Biocycle were also given to council. He outlined the similarities of and differences between his
proposal and Reuser's. He felt Cold Creek Compost's proposal was superior and at a lower cost
to the City than Reuser's. He spoke to the local connection of Cold Creek Compost. He addressed
the staff report and asked for a six - month interim contract, but if he doesn't get one, Cold Creek
Compost will bid on the three year contract in July. He also emphasized to the Council that much
of the information it had been provided by his opposition was incorrect and that he was sure Council
would hear more of the same at this meeting from Cold Creek Compost's opponents. He assured
the Council that Cold Creek Compost is regularly monitored by governmental agencies and are in
compliance with all regulations.
Councilmember Ashiku asked if Cold Creek Compost lost its permit, would it be economically viable
for it to mulch and spread. Eric Anderson replied yes, their costs would be covered, even in a
three-year contract.
Councilmember Ashiku asked that if Cold Creek lost its permit, where would it store mulch in bad
weather? What is the status of the roofed area? Council was told the mulch would be stored in the
roofed area which is one third completed at this time.
Councilmember Mastin asked when the roof would be completed. Eric Anderson replied that
depends on how business goes, but that they are not going to be limited or impacted in terms of
handling Ukiah's greenwaste should they get this contract.
Mayor Malone had questions regarding the age of the equipment, maintenance thereof, and the
effect of the cost of replacement of old equipment on the stability of these rates.
Martin Milleck assured Council that they do own and have maintained a large amount of equipment
over the years. When it is not cost effective to fix old equipment, it is replaced. He stated that they
have replacement equipment.
Bruce Reuser, 320 Santana, Santa Rosa, addressed the Council. He wanted to clarify some
issues. He stated he knew the business and knew how to compete. Ukiah's is the only landfill with
which he deals. He appreciated what everyone is going through. If he doesn't get a six-month
contract, he will have to procure another source to meet his mix needs. His contract is based on his
costs. His concem is that if he looses this contract for six months, he would need to procure waste
someplace else. His costs would then increase. Now that his bid numbers are known, he will not
be able to submit a lower bid in July. He stated he was concerned that in six months others will
beat his price because it is known.
John Hawthorne stated he opposed the bid change to Milleck. He stated that Cold Creek
Compost's neighbors have problems with its facility. He felt the facility would complicate traffic
problems in Potter Valley. He also thought this facility is in conflict with the EIR now in process. He
is leery of those who come in with a short term, Iow bid. His position is that the City should continue
with Reuser.
Francine Long stated that she lives across from Milleck's composting site and that she is one of the
litigants in this suit. They are litigating to protect their property values and are upset by the stench
from this facility. They will continue to fight this. He stated that her group is still talking to its
attorney. She felt that the answers to their questions are evasive and claims Eric Anderson is a
paid professional lobbyist. She stated she stands behind Mary Goodwin's efforts in this regard.
Mayor Malone reminded Ms. Long that this law suit is not the issue.
Francine Long replied that the contract should be given to Reuser.
Eric Sunsweet felt that the business ethics of Cold Creek Compost were the issue. He thought Cold
Creek Compost is deceptive in its practices. He asked the Council to consider its long term
objective and he left an article for the Council," Life in the Soil," from Acres USA.
Mary Goodwin addressed the Council. She provided Council with a copy of the Water Quality
complaint she filed on September 22, 1996. She read a letter that accompanied that complaint.
Councilmember Ashiku called a Point of Order: i., e., Council is not deciding her particular issues,
but the contract with the City.
Mary Goodwin replied that Water Quality restrictions currently prohibit what Cold Creek Compost
is now doing. She stated there is the possibility of a complete shutdown of this project. She made
other rebuttals to Eric Anderson's remarks. She wanted the Council to be truthfully and factually
informed.
51
Regular Meeting - January 15, 1997
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52
Eric Anderson apologized for any disparagement.
Councilmember Mastin asked a question relative to tonnage. Mr. Reuser and Mr. Anderson
clarified his concerns.
Mayor Malone closed the public input on this item.
Councilmember Ashiku stated he would like to put this to rest once and for all. He thought Cold
Creek Compost could process this waste and that the City should start to look at its costs.
MIS AshikulMastin to adopt the alternative policy to rescind the award to Reuser, reject all
proposals, direct staff to request proposals to provide yardwaste and woodwaste removal for 3
years or until the landfill project is closed, whichever occurs first, and authorize staff to hire Reuser
on a month-to-basis until a new proposal is accepted.
City Manager Horsley guaranteed that the proposals would go out as soon as possible.
Mr. Reuser said he was available to do this on a month-to-month basis.
The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku,
Kelly, Mastin and Mayor Malone. NOES: None: ABSTAIN: None. ABSENT: None.
RECESS: 9:12 p.m. RECONVENE: 9:18 p.m.
10c. Adoption of Resolution Appointing New Member to the Traffic Engineering Committee
MIS Malone/Ashiku to nominate Donna Roberts to the Traffic Engineering Committee. The motion
was carried by the following roll call vote: AYES: Councilmembers Ashiku, Mastin and Mayor
Malone. NOES: None. ABSTAIN: Councilmembers Chavez and Kelly. ABSENT: None.
MIS AshikulMalone to adopt Resolution No. 97-45 Confirming Appointment to the Traffic
Engineering Committee appointing Donna Roberts. The motion was carried by the following roll call
vote: AYES: Councilmembers Chavez, Kelly, Ashiku, Mastin and Mayor Malone. NOES: None.
ABSTAIN: None. ABSENT: None.
11. NEW BUSINESS
11a. Consideration of Council, Committee, Commission, and Board Assignment~_
After open discussion, the Council reached agreement on the following committee, commission and
board assignments:
Chamber of Commerce Liaison, Mayor Malone
City County Leadership Group, Mayor Malone and City Manager
City Selection Committee, Mayor Malone (required)
Council/County Supervisor Committee, Mayor Malone and Councilmember Kelly
Economic Development and Financing Corporation, Councilmember Kelly
Investment Oversight Committee, Mayor Malone and Councilmember Ashiku
League of California Cities Division Delegate, Vice Mayor Mastin
League of California Cities Policy Committees, Councilmembers Kelly and Mastin showed
interest
Local Agency Formation Commission, Councilmember Ashiku
Mendocino Transit Authority, Vice Mayor Mastin
Main Street Board of Directors, Councilmember Chavez and City Manager or designee
Mendocino Council of Governments, Councilmember Kelly
Mendocino County Inland Water and Power Commission, Mayor Malone
Mendocino Solid Waste Management Authority, Vice Mayor Mastin
North Coast Rail Authority, Mayor Malone
Northem California Power Association, Councilmember Ashiku, Alternate City Manager or
Electric Utility Director
Sun House Guild (ex officio liaison), Councilmember Kelly
Transmission Agency of Northern California, Councilmember Ashiku, Alternate - City
Manager or Electric Utility Director
Ukiah Valley Sanitation District, Mayor or Councilmember Chavez
11b. Set Date for Budget Orientation
The Council set the date of Wednesday, February 26, 1997 at 7:30 a.m. for the Budget Orientation
Session.
11c. Introduction of Ordinance Amending UCC §430 to Authorize City En(~ineer to Am3oinl
Designee to Act in His or Her Absence - '- - -
Regular Meeting - January 15, 1997
Page 6
53
City Manager Horsley outlined the need for Council to appoint someone on staff to act on behalf
of the City Engineer in his or her absence.
Mayor Malone asked for comments from the audience. No one came fon~,ard.
MS KellylMastin to introduce by title only the Ordinance Amending UCC {}430 to Authorize City
Engineer_to Appoint Designee to Act in His or Her Absence. The motion was carried by a voice
vote of all AYES of the Councilmembers present.
City Clerk Henderson read the Ordinance by title only.
MIS Ashiku/Kelly to introduce the Ordinance Amending UCC {}430 to Authorize City Engineer to
Appoint Designee to Act in His or Her Absence. The motion was carried by the following roll call
vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None.
ABSTAIN: None. ABSENT: None.
11d.
Customers
Customer Service Supervisor Archibald and Finance Director Elton presented this item. As a
result of the meter replacement program, the Electric Utility Department became aware that certain
meters were undercharging electric usage. A number of these meters have been replaced and the
resultant charges for some commercial customers have been a significant raise in their utility bills.
The three-tiered payment plan is structured to ease that increase on those customers.
Councilmembers had several questions of staff regarding the E-7 utility group, the tiered plan and
its application to both residential and commercial customers.
City Manager Horsley explained that P.G. & E. has many different payment plans. The proposed
Tiered Payment Plan is an effort by the City of Ukiah to satisfy large electric utility users who switch
to new meters and have significant jumps in their monthly utility rates. The City has no way of
knowing how long these users have been underpaying for actual usage delivered.
Councilmember Kelly stated that it was unfodunate that not everyone's costs would be effected by
this plan.
Councilmember Ashiku felt those who can pay should be held to do so.
Discussion of the program ensued.
With assurance from staff that updates on the plan would be provided to the Council,
Councilmember Ashiku was willing to move adoption of the plan.
MIS Ashiku/Malone to adopt Resolution No. 97-47 Establishing a Tiered Payment Plan for Electric
Utility Customers. The motion was carried by the following roll call vote: AYES: Councilmembers
Chavez, Ashiku, Mastin and Malone. NOES: Councilmember Kelly. ABSTAIN: None. ABSENT:
None.
11e.
Consider and A rove an Addendum Chan es to Pro'ect Traffic to the Certified Cit
of Ukiah Landfill Permit Revision Final EIR and Incor orate Addendum into the EIR
Administrative Record
City Manager Horsley presented this item to the Council. In order to facilitate regional collection
of solid waste, it is necessary that the Ukiah Landfill site receive tonnage from other jurisdictions.
This addendum allows a proposed revision in the types of vehicles that would bring additional waste
to the Ukiah Landfill from the cities of Fort Bragg and Willits and their environs.
City Attorney Rapport explained that the Califomia Environmental Quality Act (CEQA) allows a lead
agency to prepare an addendum to a previously certified Environmental Impact Report (EIR) if some
changes or additions to it are necessary, provided that none of the conditions that require a
subsequent EIR exist. He felt this addendum did not meet the requirements to necessitate a
subsequent EIR. The five findings in the staff report are designed to show no subsequent EIR is
required.
Councilmember Mastin inquired if Point Arena solid waste was factored in to this plan. He also had
questions regarding the number of trucks going in and out of the landfill, the effect on the county
road, and the effect on Vichy Resort and tourism.
Regular Meeting - January 15, 1997
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54
City Manager Horsley replied that all Mendocino County waste was factored in this addendum. City
Attorney Rapport assured Council that there were overriding considerations here and that this EIR
is still within the proper threshold to satisfy CEQA.
Mayor Malone asked if anyone in the audience wished to speak to this issue. No one came forward.
MIS Malone/Kelly to 1) make text changes to the Addendum as indicated in the agenda report; 2)
approve and adopt the Addendum to the certified City of Ukiah Landfill Permit Revision Final EIR and
incorporate the Addendum into the EIR Administrative Record with the following findings: 1. No new additional significant environmental effects will occur;
2. No previously identified significant effects will be substantially more severe
than indicated in the Certified EIR;
3. The proposed revision will not substantially affect the circumstances under
which the Project is to be undertaken;
4. No new information of substantial importance is available that would affect
the conclusions of the EIR; and
5. No previously infeasible mitigation measures or alternatives have become
feasible and no appropriate new mitigation measures or alternatives have
been identified.
and; 3) adopt the revised Mitigation Monitoring Program. The motion was carried by the following
roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES:
None. ABSTAIN: None. ABSENT: None.
11f.
Consideration and Adoption of Resolution Approving Memorandum of Understandin~l
for Employee Bargaining Units: i. Electric, ii. Miscellaneous, iii. Department Head,
iv. Management, v. Police
Mayor Malone asked for input from the audience before the Council went into Closed Session..
Denise Barkley, SEIU Representative, stated she disagreed with the furlough program on behalf
of employees. She asked to let them be a part of the discussion and to reconsider imposing
furloughs on employees.
Terry Hyde, Representative of the Employees Miscellaneous Unit, disagreed with the proposals.
He felt that these employees are not responsible for the City's financial straights. He explained that
the employees are at impasse because they felt furloughs were not fairly applied throughout the
City. He proposed one way to make matters fair, would be to put on a hiring freeze with no raises
and no promotions. He also stated the problem is in the General Fund, not the Enterprise Funds.
Susan Anderson, Department of Social Services, stated she lived through furloughs imposed by
the county and that was not a pretty sight, that it creates negative press, and is bad for relations
with employees.
John McCowen, Ukiah, asked that the Council do this only as a last resort, after all other cuts are
made. He also asked the administration to take the same cuts.
Phil Montague of the Electric Department, expressed his anger. He explained he took a large
cut in pay to live and work in Ukiah and he did not factor in such a large cut in pay when he moved
here. He stated that he made those decisions based on finances, and will find it difficult to stay here
due to these pay cuts. He thought the proposal was unfair because the employees did not cause
this problem.
Paul Richey, Bargaining Agent for Operating Engineers, asked if the cuts were equal and if the
Council was taking an equivalent cut in pay. He said he had an obligation to tell the Council of the
frustration in the Unit.
Allen Jamison, City Employee, stated he had been with the City for 14 years and has been in
impasse before. He felt it did not make sense to give electric discounts to custqmers and then turn
around and cut employee wages.
No one else came forward.
This matter was heard in Closed Session at the conclusion of all other business.
11g. Report of Disbursements for the Month of December 1996
This matter was pulled from the Consent Calendar (items 6a.) by Judy Pruden. City Manager
Horsley stated she had addressed Ms. Pruden's concerns on this item. Ms. Pruden was not
available to comment.
Regular Meeting - January 15, 1997
Page 8
MIS AshikulKelly to approve the Disbursements for the Month of December 1996. The motion was
carded by the following roll call vote: AYES:: Councilmembers Chavez, Ashiku, Kelly, Mastin and
Malone. NOES: None. ABSTAIN: None. ABSENT: None.
12. CITY COUNCIL/REPORTS
Councilmember Chavez gave no report.
Councilmember Ashiku gave no report.
Councilmember Kelly gave an update of the recreation center project. There is a site selection
committee meeting coming up. Local schools are participating, as are the County of Mendocino,
local business people and the City. The Skateboard Park Town Meeting is scheduled for Tuesday,
January 21, 1997, at 7:00 p.m. at Ukiah High School. The League of California Cities training
session she attended was very valuable. She had a chance to meet with Assemblywoman Virginia
Strom-Martin.
Councilmember Mastin reported that the Economic Development and Financing Corporation
(EDFC) has a draft contract with Management Consultant Madeline Holtcamp; she will be working
half time for EDFC and half time for the City of Ukiah. She has already staded to work. EDFC is
combining efforts with Mendocino County for services. EDFC's current contract for services goes
to July 1, 1997, the audit is complete and only some minor changes need to be made.
Mayor Malone mentioned he attended the Chamber of Commerce installation of Jim Mayfield as its
new president. He also reported that the North Coast Railroad Authority (NCRA) met today. NCRA
is not currently getting disaster monies. He attended a meeting of the Mendocino Solid Waste
Management Authority (MSWMA) and some of the surrounding counties. They were considering
the possibility of shipping garbage out of the area by rail.
RECESSED TO REDEVELOPMENT 10:45 p.m.
RECONVENED: 11:02 p.m.
13. CITY MANAGER/DEPARTMENT HEAD REPORTS
There were no reports.
14. CLOSED SESSION
The City Council adjourned to Closed Session to consider the matter of:
14a.
G.C, Section 54957,6 - Confer with City of Ukiah Labor Negotiator, City Manager
Candace Horsley, Regarding City of Ukiah Employee Bargaining Units: i. Electric,
ii. Miscellaneous, iii. Department Head, iv. Management, and v. Police
RECONVENED IN OPEN SESSION: 12:01 a.m.
MIS MastinlAshiku to approve Resolution No. 97-48 Adopting Memoranda of Understanding
Between the City of Ukiah and the Electric, Department Head. and Police Units; Adopting Addendum
and Release Time Agreement for the Management Unit, and Unilaterally Implementing the Terms
Presented in the Miscellaneous Unit Memorandum of Understanding Due to Impasse. The motion
was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin
and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None.
15. ADJOURNMENT
At 12:05 a.m. the meeting was adjourned to 8:00 a.m., January 16, 1997 for the Legal
Workshop.
Colleen B. Henderson, City Clerk
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Regular Meeting - January 15, 1997
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