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HomeMy WebLinkAboutMin 10-01-97157 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting - October 1, 1997 A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, convened at 6:30 p.m. in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Chavez, Kelly, Mastin, and Mayor Malone. Councilmember Ashiku arrived at 6:32 p.m. Staff present: Public Utilities Supervisor Borecky, Community Services Director DeKnoblough, Finance Director Elton, Police Sergeant Dewey, Assistant City Manager Harris, City Manager Horsley, Public Works Director Kennedy, Associate Planner Lohse, Public Works Supervisor Looney, City Attorney Rapport, Planning Director Sawyer, Public Works Deputy Director Seanor, Senior Planner Stump, Police Operations Captain Williams, and City Clerk Henderson. Mayor Malone announced an additional item to be taken under consideration during Closed Session, the matter of the sale of the North Fire Station. The matter arose after the close of the regular agenda and concerned real property negotiations as allowed by G.C. Section 54956.8. MIS MastinlKelly to add item 13c, Sale of North Fire Station - Conference with Real Property Negotiator, G.C. Section 54956.8, to the agenda carried by the following roll call vote: AYES: Councilmembers Chavez, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmember Ashiku. 2. Pledge of Allegiance Councilmember Mastin led the Pledge of Allegiance. 1 Special Order of Business Proclamation - Domestic Violence Awareness Month Mayor Malone presented the Proclamation declaring October 1997 as Domestic Violence Awareness Month to Michelle Patterson of Project Sanctuary. Ms. Patterson thanked the Council for its support. . Approval/Correction of Minutes Minutes of September 17, 1997 MIS MastinlAshiku to approve the Minutes of the Regular Meeting of September 17, 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 Chavez/Ashiku to approve the Consent Calendar as follows: a. Adopted Ordinance No. 995, Amending Division 6, Chapter 2 of the Ukiah City Code Regarding Emergency Services; b. Awarded bid for 10,000 ft. of 4/0 AWG 15KV cable to Hendrix in care of C. Stephens & Associates, in the amount of $18,672.23; c. Awarded bid for liquid polymer blend to NTU Technologies, in the amount of $42,112; d. Received notification regarding the award of bid to install fencing at the Corporation Yard and Water Treatment Plant; e. Approved Notice of Completion for construction of street striping 1997, Spec. 97-11; f. Approved budget amendment for Fund 341, Surface Transportation Program Funds; g. Approved budget amendment for Fund 270, Signalization Fund, and received report of the expenditure of funds, in compliance with Section 1522 of the Ukiah Municipal Code; h. Received notification regarding the award of bid for 5,000 ft. of 750 MCM aluminum, single conductor cable to Consolidated Electrical Distributors, in the amount of $7,507.50; i. Approved budget amendment to Community Development Commission Fund 335 for Low and Moderate Income Housing Loan to Rural Communities Housing Development Corporation; j. Authorized the City Manager to execute a quitclaim deed related to a former portion of an alley south of Clara Avenue; Regular Meeting - October 1, 1997 Page 1 158 k. Received report of the acquisition of services from Ferranti Construction to construct work on an emergency basis; and I. Received final report of emergency work performed pursuant to Section 1530 of the Ukiah Municipal Code and authorized additional funds. 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. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address the Council. As it was not yet 7 p.m., the time scheduled for the Public Hearings, item 9a was considered next. UNFINISHED BUSINESS Approval of Kmart "Air Quality Offset Fund" Project Senior Planner Stump noted $36,250 was contributed by Kmart for an "Air Quality Offset Fund" which was meant to be used within the City of Ukiah to pursue measures to maintain appropriate air quality levels. Staff has worked with the Mendocino County Air Quality Management District and a number of interested groups and citizens to determine how these funds should be utilized. Consensus was reached to use some of the funds to develop a Master Bicycle/Pedestrian Plan with the remainder to be used as grant matching funds to help implement the Plan. The Master Plan would cost approximately' $15,000. Chris Fetzer, 341 Jones Street, spoke in favor of such a Master Plan. Valerie Law also voiced her support of the use of the funds. Walt Allen, Mendocino Air Quality Management District, also encouraged the development of a Master Plan. Eric Larsen addressed the need for alternate modes of transportation. He views the Master Plan as a good beginning to reforming the public's transportation habits. MIS MastinlKelly to approve spending the Kmart "Air Quality Offset Fund" for both a Master Bicycle/Pedestrian Plan, and for grant matching funds to help implement the Plan, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 9b. Report Regarding Use of Herbicides by City of Ukiah City Manager Horsley mentioned the City began an herbicide reduction program 11 years ago and has been gradually reducing the amount of herbicide use since that time. Community Services Director DeKnoblough de_scribed the Park Department's annual spraying program, noting the adaptations over the years of the amount and type of spray used, and the time of day applied. Only 4-5 gallons of Roundup are used each year in the entire park system, and weeds in children's play areas are contained primarily by the application of a "chip cushion" under the play equipment. City Manager Horsley noted spraying on the Golf Course is limited to the greens. Public Utilities Supervisor Borecky reported the Water Treatment Plant is routinely required to test for "Glyphosate," the active chemical in Roundup. No trace has ever been detected in our water. Mowing is the primary method of weed control for the Public Utility Department Public Works Director Kennedy reported the Street Department has limited its herbicide use, only using Roundup on major streets, and only using 5 gallons per year. Most of the weed control is done with a Weed Eater. The weeds at the Airport are contained by mowing. Councilmember Mastin referred to a Press Democrat article on herbicide use which noted some herbicides originally considered innocuous now have been found to pose a danger. Director DeKnoblough pointed out the article dealt with pesticides, not herbicides. Regular Meeting - October 1, 1997 Page 2 159 Councilmember Kelly voiced a similar concern. She objected to spraying at times of day when people would be present. MIS AshikulMalone to receive the report regarding the City's use of herbicides carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. SI PUBLIC HEARING Approval of Citizens Option for Public Safety {COPS) Grant Program Police Operations Captain Williams reported Assembly Bill 3229 appropriates $100 million statewide to fund the Citizens Option for Public Safety (COPS) Grant Program. The City of Ukiah's share of this funding is approximately $34,200. Staff is recommending use of the funds be directed to upgrade the City's Public Safety dispatch equipment. Mayor Malone opened the Public Hearing at 7:22 p.m. No one came forward to address the Council regarding this matter. The Public Hearing was closed at 7:23 p.m. MIS Kelly/Malone to approve the use of the COPS funds to upgrade the Public Safety dispatch system, and to appropriate a separate fund account for all expenditures, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 8b. Introduction of Ordinance Amending Chapter 2 {_Zoning) of the Ukiah City Code (Administration & Procedures) Planning Director Sawyers noted an important goal of the Planning Department was to update and reorganize the Zoning Code to make it easier to use and to administer. This ordinance is the first in a series of proposed Zoning Code amendments intended to accomplish this task. Senior Planner Stump outlined the proposed ordinance which included changes to permit procedures, the appeal process, consistency of format, and the choice by the applicant of the reviewing body in minor permit matters. Mayor Malone opened the Public Hearing at 7:31 p.m. No one came forward. The Public Hearing was closed at 7:32 p.m. Councilmember Ashiku noted final decisions on appeals should rest with the Council. MIS AshikulChavez to amend the proposed Ordinance to establish the City Council as the final review board for appeals carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. MIS MastinlAshiku to introduce by title only the Ordinance of the City Council of the City of Ukiah Amending Division 9, Chapter 2 (Zoning) of the Ukiah City Code carried by a voice vote of all AYE. City Clerk Henderson read the Ordinance of the City Council of the City of Ukiah Amending Division 9, Chapter 2 (Zoning) of the Ukiah City Code by title only. MIS AshikulMastin to introduce the Ordinance of the City Council of the City of Ukiah Amending Division 9, Chapter 2 (Zoning) of the Ukiah City Code carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. Sc. Consider and Accept Offer from Solid Waste Systems, Inc., for the Construction and Operation of a Garbage Transfer Facility at the Taylor Drive Pro_oerty Public Works Director Kennedy noted Solid Waste Systems reaffirmed its offer to construct and operate a garbage transfer facility on its Taylor Drive property. The offer contained provisions recommended by the staff of the Mendocino Solid Waste Management Authority (MSWMA), and was Regular Meeting - October 1, 1997 Page 3 160 a collaborative effort among City staff, Solid Waste Systems, and MSWMA. Mr. Kennedy outlined the provisions of the offer. The Council discussed various aspects of the proposal, including length of contract, extension of the refuse collection contract, method of Consumer Price Index adjustments, and rail haul options. Mr. Kennedy outlined possible County of Mendocino requirements and public improvements that may be necessary to accommodate ingress to and egress from the site. Circulation flows would determine the necessary intersection modifications. The County estimates the cost of improvements to the roads and intersections to be approximately $450,000. Mr. Kennedy thought this figure was excessive. Mr. Kennedy noted if the Council wished to pursue this offer, Solid Waste Systems would bring back a site development plan within 20 days. He also presented cost of living adjustment figures, tipping fee options, Consumer Price Index rate increase percentage comparisons, spoke to diesel fuel cost adjustment options, and tipping fee adjustment options. His calculations support truck haul as the most economical haul option at this time. Jim Salyers, Solid Waste Systems, Inc., noted he was willing to negotiate rate increases based on a percentage of the Consumer Price Index. He noted the fuel escalator would be deleted. His interest is in keeping the contract reasonable to both parties, yet he was firm about his offer being based on a 20-year contract. He was willing to conduct a survey comparing local rates in 10 years and adjust his rates downward if necessary. He felt the site was adaptable to rail service and was willing to develop a comparison of truck haul to rail haul costs, and have this comparison within the same 20-day timeframe as he offered for the site development plan. His projected cost per ton was based on processing only Ukiah's garbage. If the transfer facility were to receive other waste streams, the price could be negotiated downward. Mr. Kennedy reiterated by accepting Mr. Salyers offer at this time, the Council was not committing to a contract. Acceptance would keep with process active until Mr. Salyers brought back his site development plan in 20 days. At that time, if the Council was not satisfied with the project, the City could cease the negotiating process. Councilmember Mastin was not supportive of the length of the proposed contract. His preference was for a shorter term. He did not feel it was good business or good public policy to not go out to the market in a 20-year period. Discussion took place regarding various aspects of the negotiations. Richard Shoemaker, 710 Willow, noted he was not representing MSWMA, but was in attendance as a ratepayer, business owner, and County Supervisor with the same constituency as the Council. He felt 20 years was a long time to grant an exclusive monopoly; he cautioned the Council to proceed slowly in this matter. Mike McCartney, 238 County View Drive, Mill Valley, noted BLT Enterprises is going to bid on the North State Transfer Facility being proposed by MSWMA and was committed to the option of rail haul to transport the County's waste stream. Pat McAIlister, North Forks Improvement Group, noted the North Forks Improvement Group would appeal any development of the site on North State Street. Bill Graham, Waste Solutions Group, noted the Taylor Drive site was viable for rail haul and supported the option of rail haul of the waste stream. MIS AshikulMastin to accept in concept, with certain conditions amended and/or clarified, the proposed offer by Solid Waste Systems, to review Solid Waste Systems site development plan and rail/truck haul comparisons within 20 days, and to proceed with the final determination of this matter at that time. The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. RECESSED: 9:34 p.m. RECONVENED: 9:45 p.m. Regular Meeting - October 1, 1997 Page 4 161 10. NEW BUSINESS 10a. League of California Cities Resolutions City Manager Horsley noted staff's strong approval of proposed League of California Cities Resolutions No. 14, Relating to Electric Utility Restructuring, and No. 18, Relating to Emergency Medical Services. No action was taken on this matter. Councilmember Mastin will be the City's voting delegate during consideration of the Resolutions at the League's annual conference. 11. CITY COUNCIL REPORTS Councilmember Chavez thanked Councilmember Kelly and Mayor Malone for their attendance at the Nuestra Casa Appreciation Day. Councilmember Ashiku had nothing to report. Councilmember Kelly attended the opening of the new Eagle Peak School, noted the youth clean up day scheduled for the railroad station property, announced an upcoming meeting with the Recreation Center Committee and the public to discuss development of the Recreation Center project, distributed brochures from the Economic Development & Financing Corporation, and reported the new exhibit at the Grace Hudson Museum, Mexican Folk Art Tradition in Celebration, is being installed. Councilmember Mastin attended a Mendocino Transit Authority meeting. Mayor Malone noted the Railroad Steering Committee will host a public information forum next week, he attended a Mendocino County Inland Power and Water Commission meeting, and the next North Coast Railroad Authority meeting will be in Brooktrails. 12. CITY MANAGER/DEPARTMENT HEAD REPORTS There were no reports. 13. 13a. 13b. 13c. CLOSED SESSION Electric Utility - Property Negotiations G.C Section 54956.8-Conference with Real Property Negotiator Property: Lake Mendocino Hydroelectric Plant; Negotiator: Darryl Barnes Conference with Legal Counsel Regarding Anticipated Litigation, Significant exposure to Litigation Pursuant to G.C. Section 54956.9(b)(3)(A) Sale of the North Fire Station - Conference with Real Property Negotiator, G. C. Section 54956.8 The Council met in Closed Session at 10:04 p.m. to discuss the above-entitled matters. The Council reconvened in Open Session at 11:09 p.m. No action was taken. 14. ADJOURNMENT The meeting was adjoumed at 11:10 p.m. ~3olleen B. Henderson, City Clerk Regular Meeting - October 1, 1997 Page 5