HomeMy WebLinkAboutMin 09-17-97151
MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting -September 17, 1997
A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted,
convened at 6:31 p.m. in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah,
California. Roll was taken and the following Councilmembers were present: Chavez, Ashiku, Kelly,
Mastin, and Mayor Malone. Staff present: Electric Supervisor Bartolomei, Public Utilities Supervisor
Borecky, Airport Manag~r Bua, Community Services Director DeKnobl0ugh, Finance Director Elton,
City Manager Horsley, Public Works Director Kennedy, Associate Planner Lohse, Public Words
Supervisor Looney, City Attomey Rapport, Fire Operations Chief Sandelin, Planning Director Sawyer,
Police Operations Captain Williams, Fire Engineer Yates, and City Clerk Henderson.
2. Pledge of Allegiance
Councilmember Mastin led the Pledge of Allegiance.
,
Special Order of Business - Proclamations
Proclamation - Recognizing the Recreation Center Committee
Mayor Malone presented the Proclamation recognizing the Ukiah Valley Arts and Recreation Center
Committee to Dr. Marvin Trotter of the Committee.
3b. Proclamation - October as Cultural Arts Month
Mayor Malone presented the Proclamation declaring October as Cultural Arts Month in the City of
Ukiah to Rob Wilson, Director of the Grace Hudson Museum.
Director Wilson reported the receipt this week of notice of a $50,000 grant to the Grace Hudson
Museum from the federal Institute of Museum and Library Services. He also noted the upcoming
benefit for the Museum, An Evening with Grace and John, on October 18, 1997, and the opening
of the new exhibit, Mexican Folk Art Tradition in Celebration, in early October.
3c. Proclamation - September as "School's Open-Drive Carefully" Month
Mayor Malone presented the Proclamation declaring September as "School's Open-Drive Carefully"
Month to Bill Fernandez, Manager of the California State Automobile Association office in Ukiah.
.
Approval/Correction of Minutes
Minutes of the Regular Meeting of August 20, 1997
MIS AshikulMastin to approve the Minutes of the Regular Meeting of August 20, 1997, as
submitted, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly,
Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None.
5. RIGHT TO APPEAL DECISION
Mayor Malone reviewed the appeal process.
6. CONSENT CALENDAR
MIS MastinlKelly to approve the Consent Calendar as follows:
a.
b.
d.
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Denied the Claims for Damages received from Phyllis Vara, Betty Appleby, Espresso Stop
Cafe, and John and Reta Hill, and referred to City Insurance Carrier, REMIF;
Approved disbursements for the month of August, 1997;
Awarded contract to Proseed Landscape & Erosion Control Contractors for landfill erosion
control in the amount of $13,520;
Received repod of the acquisition of two wheel drive pick-up truck for Solid Waste
Department;
Adopted Ordinance No. 994, Amending Chapter 3, Article 5, Section 350 the Ukiah Municipal
Code Regarding City Clerk Compensatior~;
Authorized purchase of a two axle water truck for Solid Waste Department;
Authorized purchase of Yac-Con Model V350THA/850 Combination Sewer and Storm Drain
Cleaner Demonstrator Unit;
Received repod-of the acquisition of services from the California Conservation Corps for
Solid Waste Department;
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Awarded the bid for a 2-wheel drive compact pick-up;
Approved budget amendment for Arbitrage Rebate Calculation Services - Lake Mendocino
Bond Fund #550;
Received report regarding Expenditure for the Management/Production Contract for the 1998
Sundays in the Park Concert Series;
Received report regarding purchase of annual fertilizer supply for Golf Course;
Awarded the bid for purchase of electric meters to WESCO in the amount of $34,957.49;
Approved payment for work performed under Agreement with Kennedy/Jenks Consultants
in the amount of $4,983.00; and
Adopted Resolution No. 98-12, Waiving the 60-Day Notification Requirement for
Establishing a County Facility in the City.
The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly,
Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None.
Mayor Malone announced item 9b, Letter from Susan Wertheimer, was withdrawn from the
agenda.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward to address the Council.
Since it was not yet 7:00 p.m., the hour scheduled for the Public Hearing under item 8, item 9a
was taken next.
.
PETITIONS AND COMMUNICATIONS
Letter from Warren Sawyers
City Manager Horsley mentioned the background of Mr. Sawyers' concerns regarding safety at the
Ukiah Municipal Airport, both with fuel tanks and cars crossing and using the tarmacs, and with
children playing in the vicinity of the runways. The Airport Commission did review Mr. Sawyers'
concerns at its September 9, 1997 meeting, and concluded his concerns had been addressed.
Warren Sawyers, 1081 Helen Avenue, mentioned some temporary redress had been made to his
concerns, however he believed the problems are now recurring. He suggested the use of an
alternate route across the airstrip, as well as the use of a beacon light on top of the fuel truck.
Airport Manager Bua noted the Airport's pick up truck has a flashing light, and a warning light could
easily be installed on the fuel tank truck. He also noted the route across the airstrip had been
approved by the Federal Aeronautics Administration (FAA) and was preferred over another route
suggested by the FAA.
The Council and Mr. Sawyers agreed a flashing light on the fuel tanker would mitigate the problem.
Airport Manager Bua mentioned the light for the truck would be installed in about one week.
9b. Letter from Susan Wertheimer
As Mayor Malone previously mentioned, this item was withdrawn by Susan Wertheimer from the
agenda.
8. PUBLIC HEARING -7:00 p.m.
8a. Appeal of Planning Commission Denial of Site Development Permit Amendment No
97-34
Mayor Malone polled the Council as to whether they had all viewed the site. All Councilmembers
responded they had. '
Associate Planner Lohse noted on August 27, 1997, the Planning Commission denied, on a 4-1
vote, the Site Development Permit Amendment application by Jack in the Box to revise the
previously approved Sign Program and allow construction of an additional monument sign in the
landscape planter area required on the northern boundary of its property at Talmage and Airport
Roads. The Planning Staff recommended approval of the revised plan for a 4' x 4' sign.
Mayor Malone opened the Public Hearing at approximately 7:05 p.m.
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Chuck Shaw, Regional Real Estate Manager for Jack in the Box, 901 Sunrise Avenue, #B-9,
Roseville, California, noted confusion on his part in applying for the sign, mentioned the need for
visibility of the sign when approaching from the east, and hoped the Council would accept the new
proposal.
The Public Hearing was closed at 7:09 p.m.
MIS MalonelAshiku to uphold the action of the Planning Commission to deny Site Development
Permit Amendment No. 97-34, carried by the following roll call vote: AYES: Councilmembers
Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT:
None.
10. UNFINISHED BUSINESS
10a. Consideration of Herbicide Use in Caltrans' Rights-of-Way
City Manager Horsley noted the May 21, 1997 presentation by Caltrans to the Council at which time
the Council asked for more information from Caltrans regarding its Roadside Vegetation
Management Program and the use of herbicides along the Highway 101 corridor within the Ukiah
City Limits.
Marry van Zandt, District Division Chief, Maintenance & Operations, Caltrans, distributed
information packets to the Council. He outlined procedures and products used by Caltrans in its
Roadside Vegetation Management Program.
Discussion ensued regarding types and methods of spraying, timelines involved, alternatives to
chemical spraying, and the County of Mendocino's ad hoc committee to study the use of herbicides.
The Council expressed an interest in joining with the County of Mendocino in its study of herbicide
use.
City Manager Horsley noted City staff was in the process of formulating a report to Council
regarding the City's use of herbicides.
No specific action was taken regarding spraying by Caltrans. The Council will make further
deliberation after it has received City staff's report on the City's use of herbicides, which report is
expected at the October 1, 1997 regular Council meeting. Caltrans does not plan to spray the
highway with herbicides until late October or early November.
10b. Reprieval of the Settlement with Invest Financial Corporation
This matter was considered in Closed Session. See reported action under item 14d.
11.
11a.
NEW BUSINESS
Adoption of Resolution Authorizing City Manager to Execute Grant to Purchase
Extrication System and Supplies for Ambulance
City Manager Horsley noted the City received a grant from the California State Office of Traffic
Safety for the purchase of an Extrication System (Jaws of Life) and supplies for its new ambulance.
Fire Operation Chief Sandelin mentioned the grant, prepared by Fire Engineer Yates, was for
approximately $20,000 with the City's matching portion expected to be approximately $9,100. The
match of local funds will come from the Fire Department budget, a donation from the Firefighter
Associa'tion, sale of Fire Engine No. 5, and fees for transport services provided to the District
Attorney's Office.
MIS MastinlKelly to adopt Resolution No. 98-13, Authorizing and Directing City Manager to Execute
Grant Agreement Documents from the State of California Office of Traffic Safety for the Purchase
of Automotive Traffic Accident Extrication Equipment and Ambulance Supplies, carried by the
following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone.
NOES: None. ABSTAIN: None. ABSENT: None.
RECESSED: 7:55 p.m.
RECONVENED: 8:04 p.m.
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11b. proposed Alternate Plan for the Construction and Operation of a Garbage Transfer
Facility for the City of Ukiah
Public Works Director Kennedy submitted an alternative plan for the location, construction, and
operation of a Garbage Transfer Facility for use by the City of Ukiah, other agencies' haulers, and
individuals within Mendocino County. He proposed the facility be constructed and operated by the
City's franchise refuse collector, Solid Wastes Systems, and be located at their Taylor Drive
maintenance yard. He outlined the City's past efforts to support the Mendocino Solid Waste
Management Authority (MSWMA), however the covenant with MSWMA has become null and void
since it was not ratified by all of the members of MSWMA. The City of Ukiah is under pressure to
develop a transfer station by May 1999, the probable closing date of the City of Ukiah Landfill. His
recommendation is to contract with Solid Wastes Systems to construct and operate such a transfer
station. Staff recommended and presented 11 detailed provisions for possible inclusion in such a
contract, which would be in the form of an amendment to the current contract with Solid Wastes
System.
City Manager Horsley noted this proposal was very similar to the one presented to the Council in
May of this year. City staff had been reserving this option in the hopes that the proposed MSWMA
transfer station would succeed.
Councilmember Mastin reported on the MSWMA meeting of September 16, 1997, at which time
the MSWMA Board of Directors decided to issue a new Request for Proposal (RFP) with a two week
response time. Bidders will be asked to consider three possible sources of waste: all of Mendocino
County, or all of Mendocino County with the exception of the City of Fort Bragg, or all of Mendocino
County with the exceptions of the City of Fort Bragg and the City of Willits. The RFP does not specify
a mode of hauling preference.
Mike Sweeney, Manager of MSWMA, noted only 79% of the county's waste stream, which is Ukiah
and the County of Mendocino, is needed in order to satisfy the requirements of the RFP.
Discussion took place regarding the MSWMA joint powers agreement and its non involvement in the
Taylor Drive project.
Director Kennedy and City Manager Horsley noted the urgency of proceeding with transfer station
plans soon, as the date for closure of the Ukiah Landfill is fast approaching.
Mayor Malone asked for comments from members of the audience.
Jim Salyers, Solid Wastes System, presented a drawing of the site on Taylor Drive, passed it
around to the council, praised MSWMA for its hazardous waste program, and stated his belief the
establishment of a transfer station had gone on too long. He noted two facilities in the county, one
here and one in Willits, made sense.
Pat McAIlister, North Forks Improvement Group, mentioned the intention of the North Forks
Improvement Group to file an appeal against a transfer station located at the present North State
Street MSWMA property, felt it was impractical to expect a response to an RFP in two weeks,
encouraged private ownership of any transfer facility, and urged the Council to pursue the transfer
station proposal for Taylor Drive. He further added MSWMA has outlived its usefulness.
Chuck Williams, 3 Betty Street, inquired as to the intended inclusion in this proposal of the Solid
Wastes System property on Waugh Lane.
Jim Salyers responded Solid Wastes System no long owned property on Waugh Lane.
Richard Shoemaker, 710 Willow, noted MSWMA, at its meeting of the previous evening, had
reaffirmed its regional approach to garbage collection in this county, believing a consolidated system
is the best system. He thinks a regional approach is the least expensive alternative to ratepayers.
He admitted to the short response time for the RFP, but knows there are entities familiar with the
situation who are ready and willing to bid on the project.
Discussion ensued regarding collection rates and costs, and the value of competitiveness.
Mayor Malone returned the discussion to the Council.
The Council concurred both avenues to site a transfer station, the RFP p,rocess through MSWMA
and Solid Wastes System proposal, should be pursued simultaneously.
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MIS Ashiku/Chavez to direct staff to continue negotiations with Solid Wastes System, to pursue a
fixed rate over a 20-year period, to protect City ratepayers, to use the waste stream from surrounding
areas to offset the tipping fees, to continue to participate in the MSWMA process, to have the matter
brought back to the Council on October 15, 1997, and to set October 24, 1997 as the last possible
date to resolve this matter.
Discussion took place regarding the length of the contract to be pursued. The maker and second
of the motion agreed to amend the motion as follows: To incorporate the provisions of the original
motion and to pursue a 10-year as well as 20-year time frame for any contract. The motion as
amended carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly,
Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None.
RECESSED: 10:01 p.m.
RECONVENED: 10:09 p.m.
11c. Introduction of Ordinance Amending Division 6, Chapter 2 of the Ukiah Municipal Code
Regarding Emergency Services
City Manager Horsley noted the proposed Ordinance was meant to update the City's 1951
Emergency Services Ordinance and to incorporate both Standardized Emergency Management
System (SEMS) and Mendocino Emergency Services Authority (MESA) procedures.
Rick Paige, Manager, Mendocino Emergency Services Authority, presented an overview of SEMS
and MESA. He noted participation in SEMS is necessary in order to receive reimbursement from
the State of California for expenses incurred during a state of emergency.
MIS MastinlMalone to introduce by title only the Ordinance Amending Division 6, Chapter 2 of the
Ukiah Municipal Code Regarding Emergency Services, carried by a voice vote of all AYE. ABSENT:
None.
City Clerk Henderson read the ordinance by title only.
MIS MastinlMalone to introduce the Ordinance Amending Division 6, Chapter 2 of the Ukiah City
Code Regarding Emergency Services carried by the following roll call vote: AYES: Councilmembers
Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT:
None.
12. CITY COUNCIL/REPORTS
Councilmember Chavez had no report.
Councilmember Ashiku had no report.
Councilmember Kelly noted the success of the recent Skateboard Park benefit at Alex R. Thomas,
Jr., Plaza. She attended a meeting of the Ukiah Valley Art and Recreation Center Committee. That
group has recently received its non-profit status. The Sun House Guild is sponsoring a benefit for
the Grace Hudson Museum, An Evening with Grace and John, on October 18, 1997; she has tickets
for the Grace Hudson Museum benefit raffle. The Museum received a prestigious grant of nearly
$50,000 from the Institute of Museum and Library Services. She also attended an Economic
Development Financing Corporation meeting last month.
Councilmember Mastin commented he had spent much of his week dealing with garbage related
issues.
Mayor Malone reported he met with a neighborhood group led by Susan Wertheimer regarding a
recent police action in the Arlington Street area. He noted he had attended a Northwestern Pacific
Railroad Authority Board of Directors' meeting at which proposals for privatization were considered.
He also commented on the success of the Skateboard Park benefit.
13. CITY MANAGER/DEPARTMENT HEAD REPORTS
City Manager Horsley noted she had photographs to share with the Council of the Juvenile
Probation Work Program at the landfill site.
RECESSED: 10:29 p.m.
RECONVENED: 10:35 p.m.
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14. CLOSED SESSION
The Council adjourned to Closed Session at 10:35 p.m. and reconvened in open session at
11:20 p.m.
14a.
Electric Utility - Property Negotiations
G.C. Section 54956.8 - Conference with Real Property Negotiator
Property: Lake Mendocino Hydroelectric Plant; Negotiator: Darryl Barnes
No action was taken on this matter.
14b.
Sale of North Fire Station - Property Negotiations
G,C. Section 54956.8 - Conference with Real Property Negotiator
Under Negotiation: Terms; Negotiator: Candace Horsley
No action was reported on this matter.
14c.
Employee Unit Negotiations - Fire, Miscellaneous, and Electric
G.C. Section 54957.6 - Conference with Labor Negotiator
Negotiator: Candace Horsley
No action was reported on this matter.
14d.
Reprieval of Settlement with Invest Financial Corporation
G.C. Section 54956.9 - Conference with Legal Counsel Regarding Existing Litigation,
City of Ukiah v. Invest Financial Corporation, et al., San Mateo Superior Court Case No.
39841
MIS MastinlKelly to approve the settlement agreement with Invest Financial Corporation in the
amount of $45,000, carried by the following vote: AYES: Councilmembers Chavez, Ashiku, Kelly,
Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None.
MIS MastinlKelly to approve the settlement agreement with Rauscher Pierce Refsnes, Inc. and
authorize the City Manager to sign the agreement, carried by the following vote: AYES:
Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None.
ABSENT: None.
15. ADJOURNMENT
The meeting was adjourned at 11:21 p.m.
"~Colleen B. Henderson, City Clerk
Regular Meeting - September 17, 1997
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