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HomeMy WebLinkAboutMin 04-01-98207 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting - April 1, 1998 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, Califomia. Roll was taken and the following Councilmembers were present: Chavez, Kelly, Mastin, and Mayor Malone. Absent: Councilmember Ashiku. Staff present: Customer Service Supervisor Archibald, Public Utilities Director Barnes, Airport Manager Bua, Community Services Director DeKnoblough, Finance Director Elton, Customer Service Representative Goodrick, Risk Manager/Budget Officer Harris, City Manager Horsley, Public Works Director Kennedy, Planning Director Sawyer, Senior Planner Stump, and City Clerk Henderson. 2. Pledge of Allegiance Councilmember Kelly led the Pledge of Allegiance. Mayor Malone noted a Commendation honoring Dr. Glenn Miller for his 50 years of serving the medical needs of the community will be presented at a reception for Dr. Miller on April 5, 1998. . Special Order of Business Presentation - Proposed Airline Service Darshan and Susan Mayginnes presented an outline of the new airline they are developing for Ukiah, Community Air. It is expected to begin service next March, serving passengers traveling from Ukiah to Sacramento Airport and to San Francisco Airport. They presented the Council with copies of Community Airs Mission Statement and a comparative cost analysis of various types of ground transportation between Ukiah and San Francisco Airport. They expect to have a fleet of 50 airplanes within 3 to 5 years. Ukiah will the headquarters for the airline. They plan to partner with the City in this venture. Councilmember Ashiku joined the meeting at this time. . Approval/Correction of Minutes Regular Meeting of March 18, 1998 MIS Mastin/Kelly to approve the Minutes of the Regular Meeting of March 18, 1998, as submitted, carded 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 Anne Crowder, Secretary of the Mendocino Solid Waste Local Task Force, addressed Item 6b, Acceptance of the Preliminary Draft Summary Plan as Part of the AB939 Integrated Waste Management Plan of Mendocino County. She outlined six additional recommendations the Local Task Force approved for the Preliminary Draft Summary Plan. The six recommendations were those included in Customer Service Representative Goodrick's memo of March 31, 1998 to Council. The Council agreed to incorporate five of the six recommendations in the Preliminary Draft Summary Plan. The sixth recommendation, regarding the financial impact of switching from landfills to transfer stations, was referred to staff for analysis before inclusion in the plan. MIS Chavez/Ashiku to approve the Consent Calendar as follows: ao b. co d. Denied Claims for Damages received from Oni LaGioia and Christopher Evans, and referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; Accepted the Preliminary Draft Summary Plan, with the inclusion of five Local Task Force recommendations, as Part of the AB939 Integrated Waste Management Plan of Mendocino County; Adopted Ordinance No. 1000, Amending Section 7071 of the Ukiah Municipal Code by Adding the Speed Zone of 30 MPH for Airport Park Boulevard; and Approved the Bad Debt Write-Off Report for Fiscal Year 1996/97. Regular Meeting - April 1, 1998 Page 1 208 The motion 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 Phil Baldwin, 607 Willow, urged the City to enforce the sign ordinance, commented on the noise generated by airplanes taking off to the north from the Ukiah Municipal Airport, and encouraged the Council to follow the General Plan regarding its recommendation to develop a rim trail around the Ukiah Valley. City Attorney Rapport joined the meeting at this time. . PUBLIC HEARING -7:00 p.m. Adoption of Resolution Approving Community Development Block Grant {CDBG) Application - Ukiah Community Center Assistant City Manager Harris noted this grant application requests funds for the much needed expansion of the Ukiah Community Center's facilities. The City has had a long term alliance with the Community Center. This grant will be a significant benefit to the entire community with no financial obligation on the part of the City. Mayor Malone opened the Public Hearing at 7:06 p.m. Judy Judd, Executive Director of the Ukiah Community Center, expressed her gratitude to the City for sponsoring this grant application. She noted the Center needs to be enlarged as the number of clients being served continues to increase. The Public Hearing was closed at 7:08 p.m. MIS Mastin/Kelly to adopt Resolution No. 98-35, Approving an Application and Contract Execution for Funding from the General/Native American Allocations of the State Community Development Block Grant (CDBG) Program and Authorizing the Execution of a Grant Agreement and Any Amendments Thereto with the State of California for the Purposes of this Grant, 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 Articles 3, 4 and 5 of Chapter 2 of the Ukiah Municipal Code Revising the Requlations for the Residential Zoning Districts Senior Planner Stump noted this matter was considered at the last meeting. Staff has incorporated changes recommended by the Council at that time and refined three sections: 1) yard setbacks in the R-1 District; 2)second unit regulations; and 3) landscaping requirements in the R-2 and R-3 Districts. Mayor Malone opened the Public Hearing at 7:14 p.m. Judy Pruden, 304 S. Hortense, Chairman of the Planning Commission, noted the work of the Planning Commission in regard to this matter, agreed with the proposed allowable square footage for second units, commented on the value of second units to the state's housing stock, and supported the owner occupancy requirement for second units. Phil Baldwin urged the Council to continue this matter, especially as it related to second units, in order to allow more public notice of this important issue. Senior Planner Stump noted second units are currently an allowable use in R-1 Districts and ample public notice of the hearings thereon has been provided. Gordon Elton, 514 West Smith Street, spoke in favor of owner occupancy for second units. Richard Shoemaker, 710 Willow Avenue, mentioned his concem for conversion of existing buildings that may not conform to these proposed new size limitations and asked that size limitations for second units be based on a scale proportionate to the lot size. Howell Hawkes, 708 Willow, preferred owner occupancy for second unit development and generally supported the Planning Commission's recommendations. Regular Meeting - April 1, 1998 Page 2 209 The Public Hearing was closed at 7:34 p.m. The Council entered into lengthy discussion of this matter, especially as it pertained to the owner occupancy requirement for development of second units in the R-1 Districts. The Council expressed divergent views on the requirement. There was general support for basing the allowable square footage of second units on a sliding scale proportionate to lot size. MIS Ashiku/Kelly to introduce the ordinance by title only incorporating staff's recommendations, deleting the owner occupancy requirement for second units in R-1 Districts, and incorporating a sliding scale for the size limitations of second units up to a maximum of 1,000 square feet, failed by the following roll call vote: AYES: Councilmembers Ashiku and Kelly. NOES: Councilmembers Chavez, Mastin, and Mayor Malone. ABSTAIN: None. ABSENT: None. MIS Mastin/Chavez to introduce the ordinance by title only, incorporating staff's recommendations, retaining owner occupancy for second unit development in R-1 Districts, and incorporating a sliding scale for the size limitations of second units up to a maximum of 1,000 square feet, carried by the following roll call vote: AYES: Councilmembers Chavez, Mastin, and Mayor Malone. NOES: Councilmembers Ashiku and Kelly. ABSTAIN: None. ABSENT: None. As a unanimous voice vote is required to introduce an ordinance by title only, the following motion was offered following the 11:12 p.m. recess: MIS KellylMastin to introduce by title only the Ordinance Amending Division 9, Chapter 2 (Zoning) of the Ukiah City Code. The motion carried by a voice vote of all AYE. ABSENT: None. City Clerk Henderson read the ordinance by title only. MIS Mastin/Chavez 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. UNFINISHED BUSINESS Discussion Regarding Main Street Program and Makinq Appointments to Ad Hoc Main Street Subcommittee - - City Manager Horsley noted the City's past participation in the funding of the Main Street Program. She outlined the history of the development of the program in Ukiah and noted the many positive projects its Board of Directors has initiated for the betterment of downtown Ukiah. To receive further funding from the City, the Main Street Board of Directors is willing to enter into an agreement for services with the City, providing possible promotional and information gathering services for the City and Redevelopment Agency in return for funding assistance. Councilmember Kelly asked that Ellie Segal, owner of/ncognito, be contacted regarding her ideas on how to rid the sidewalks in the downtown area of cigarette butts. The Council agreed in concept to enter into a agreement for services with the Main Street Program Board of Directors. Councilmembers Chavez and Mastin will serve on the Main Street Program ad hoc subcommittee being established to refine such an agreement. 9b: Set Date for Budget Goal Setting Session The date of April 29, 1998, at 8:15 a.m., was established for the Budget Goal Setting Session. RECESSED: 8:15 p.m. RECONVENED: 8:24 p.m. 9c. .Discussion of Proposed Contract with Solid Waste Systems, Inc., for the Constructio,, and Operation of a Solid Waste Transfer Station at the Taylor Drive Proper'tv and Sel Date for Special Meeting to Approve Contract - - City Manager Horsley noted the Council had before them several additions to the packet material including a second draft of the proposed contract, based on comments from Paul Cayler of Mendocino County Solid Waste Division and Mike Sweeney of Mendocino Solid Waste Management Authority (MSWMA), and Solid Waste Systems' analysis of the first year rates per ton on truck haul as opposed to rail haul. Regular Meeting - April 1, 1998 Page 3 210 City Attorney Rapport addressed the differences between the first and second drafts of the proposed contract. The second draft contained several alternative options and was meant to respond to concerns raised by Paul Cayler of Mendocino County's Solid Waste Division and Mike Sweeney of the Mendocino Solid Waste Management Authority (MSWMA). City Manager Horsley noted the goal for this meeting was to reach agreement regarding preferred altematives and she would bring a finalized contract, complete with exhibits, back to the Council in two weeks. Discussion took place regarding the various options outlined in the proposed contract. Judy Pruden noted the second draft contract was not available to the public earlier in the day. She inquired why this contract was not put out for bid and expressed her concerns with this contract. City Attorney Rapport clarified that the state law does not mandate that this contract be put out for bid. City Manager Horsley noted that several other proposals were submitted, but were not accepted for consideration. Shawn Guttersen, BLT Enterprises, distributed a copy of his letter to MSWMA, dated April 1, 1998, together with a copy of his Truck Transportation Options to the Potrero Hills Landfill. He reiterated the strengths of BLT's proposal for a transfer station at the MSWMA North State Street site. He did not feel the ongoing litigation regarding this site was of concern. David Gavrich, President, Waste Solutions Group, suggested California Pollution Control Finance Agency (CPCFA) bond financing for this project. He noted the recent financial support of the California Transportation Commission (CTC) for the Northwestern Pacific Railroad Authority. He sees the railroad as being a very viable mode of transportation for solid waste from the Transfer Station out of the area. He described the equipment his company will use to transport the solid waste; the Roadrailer is a rail car which drops down wheels, converting to a truck trailer in approximately 15 minutes. Anne Crowder, 5030 North View, Willits, expressed her concern that the Council was not looking at competitive bids for the Transfer Station. Pat McAIlister, North Forks Improvement Group, believes the MSWMA property on North State Street will be prohibited from being developed into a transfer station by the pending litigation. Richard Shoemaker spoke to the provisions of the draft proposed contract, making suggestions clarifications, and additions. ' Jim Salyers, Solid Waste Systems, commended staff for its work on the proposed contract and urged the Council to make the decisions necessary to bring this matter to a close. Council had a number of questions of staff and of those in the audience who had addressed the Council. City Manager Horsley noted this contract does not deal with billing for the curbside collection franchise, rather only with billing issues related to the refuse taken in at the Transfer Station. City Attorney Rapport noted for clarification that any change in ownership of Solid Waste Systems would, by the dictates of the contract, require approval by the City Council and that the City would have no control over out-of-county use of the Transfer Station. An environmental impact report issued by Mendocino County would cover the conditions of use by out-of-county residents or haulers. City Manager Horsley noted both the truck and rail haul proposals from Solid 'Waste Systems are good proposals. John Warren, Solid Waste Systems, addressed some of the Councils questions regarding the contract proposals. Mayor Malone felt the Council needed more time to make this difficult decision. Councilmember Ashiku felt the Council had acceptable alternatives and it was time to move forward to resolve this matter. Regular Meeting - April 1, 1998 Page 4 211 Councilmember Kelly noted the Council had supported the rail haul option all along, but now the price for rail haul was not attractive. She wanted to see flexibility in whatever system was chosen. Councilmember Mastin was supportive of going ahead with the contract and of choosing from the alternatives offered. His preference was for a 10-year contract. After a good deal of discussion, direction was given to staff to prepare a final contract to include a 5-year/50 percent CPI, equal rates for city and county residents, a 10-year amortization rate, the possibility of CPCFA financing, a preference for disposal cost pass-through, a clarification of the billing language, the use of Roadrailers, and a contingency plan for the contract's termination in ten years. The matter will be brought back before the Council on April 16, 1998. RECESSED: 11:12 p.m. RECONVENED: 11:18 p.m. Immediately following the recess, a motion was made clarifying an action taken in item 8b; see reference thereto noted above. 10. 10a. NEW BUSINESS Consideration and Adoption of Resolution Approving Memorandums of Understanding for Employee Bargaining Units - Electric and Fire Units MIS Mastin/Ashiku to adopt Resolution No.98-36, Adopting the Memorandums of Understanding Between the City of Ukiah and the Electric and Fire Units, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 11. CITY COUNCIL REPORTS Councilmember Chavez attended the meeting of the Wagenseller's Neighborhood dealing with gang-related problems. Nuestra Casa and Mendocino College are sponsoring a gang intervention and prevention program on Apdl 21, 1998, at 7:00 pm., at the Grace Hudson Museum meeting room. Councilmember Ashiku noted the positive meeting held by the Ukiah Unified School District regarding the proposed siting of the new elementary school. Councilmember Kelly noted the positive suppod for the Montgomery Ward's site for the proposed new school. The next meeting regarding the siting issue will be on April 17, 1998. Councilmember Mastin attended a Mendocino Transit Authority (MTA) meeting at which the MTA 1998-99 budget was approved. Mayor Malone commented on the Willits Highway 101 bypass, appreciated Phil Dow's support of the railroad at the recent Califomia Transportation Commission meeting, and attended a Mayors and Managers meeting in Willits. 12. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley mentioned she has information on the April 5, 1998 reception for Dr. Glenn Miller and noted the upcoming meeting sponsored by the Mendocino County Farm Bureau regarding the effect proposed regulations relating to the listing of Coho salmon as an endangered species may have on propedies fronting rivers and streams in Mendocino County. The meeting was adjourned to Closed Session at 11:37 p.m. 13. CLOSED SESSION The Council reconvened in Open Session at 12:10 a.m., April 2, 1998. 13a. G. C. §54957.6 - Conference with Labor Negotiator Negotiator: Candace Horsley i. Electric and Fire Units (See item 10a above for action taken on this matter.) ii. City Manager No action was taken on these matters in Closed Session. Regular Meeting - April 1, 1998 Page 5 212 13b. G.C. §54956.9 - Conference with Leqal Counsel Regarding Existing Litigation - Redwood Business Park v. City of Ukiah, Mendocino County Superior Court No. 77252 No action was taken on this matter in Closed or Open Session. 14. ADJOURNMENT The meeting was adjourned at 12:11 a.m., April 2, 1998. "Colleen B. Henderson, City Clerk Regular Meeting - April 1, 1998 Page 6