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HomeMy WebLinkAboutMin 04-16-98214 MINUTES OF THE UKIAH CITY COUNCIL Adjourned Regular Meeting - April 16, 1998 An adjourned 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. Absent: None. Staff present: Public Utilities Director Barnes, Water/Sewer Operations Superintendent Borecky, Airport Manager Bua, Police Sergeant Dewey, Finance Director Elton, Fire Marshal Evans, Risk Manager/Budget Officer Harris, City Manager Horsley, Conference Center Manager Jenney, Public Works Director Kennedy, Associate Planner Lohse, City Attorney Rapport, Planning Director Sawyer, Senior Planner Stump, Fire Engineer Chuck Yates, and Recording Secretary Yoast. 2. Pledge of Allegiance Mayor Malone led the Pledge of Allegiance. Mayor Malone advised Consent Calendar item 6e will be pulled and Councilmember Kelly wanted to discuss item 6j. 3. Special Order of Business 3a. Proclamations i. Drinking WaterWeek Mayor Malone read the Proclamation and presented it to Water/Sewer Operations Superintendent Borecky. Mr. Borecky thanked the Council for recognizing drinking water week and noted that by proclaiming Drinking Water Week the City can raise the awareness in the community regarding its impodance. Last year the City's facilities produced 1.25 billion gallons of water. He advised there will be an informal open house during the entire week and invited local school groups, Council, and staff to tour the facility. ii. NALC National Food Drive Day Mayor Malone presented the Proclamation to Kevin Murphy and Byron Boyce of the Ukiah Community Center. Mr. Murphy noted the need for an emergency food program has steadily increased. iii. Ukiah Volunteers Week Mayor Malone presented the Proclamation to Diane Marshal. Ms. Marshal thanked the Council. She explained notification regarding this event was sent to over 800 different entities within Mendocino County with a return of over 200 nominations from more than 25 agencies. 3b. Presentation i. Calstar Shock Trauma Air Rescue Service City Manager Horsley introduced Rick Lawrence, Director of Operations of Calstar. Mr. Lawrence explained Calstar is a 501(3)(c) non-profit group that wants to operate an air ambulance service from the Ukiah Airport. Calstar currently operates three other air ambulance programs. After conducting a survey, his company determined Ukiah would be an excellent location for a fourth site. He explained the operations and offered to answer any questions the Council might have concerning Calstar. Councilmember Kelly questioned how many flights will be leaving the Airport on a daily basis and expressed concerns relating to noise. Mr. Lawrence noted excessive flights are not necessary for economic survival. They estimate receiving approximately one hundred fifty 9-1-1 transport calls per year. He explained noise should not be a problem as all their pilots are trained in noise abatement tactics and that Calstar will transport a patient anywhere a physician requests. Discussion followed regarding rates. Adjourned Regular Meeting - April 16, 1998 Page 1 215 4. Approval/Correction of Minute-~ 4a. Regular Meeting of April 1, 1998 MIS KellylMastin, to approve the Minutes of the Regular Meeting of April 1, 1998, as submitted, carded by the following roll call vote. AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSENT: None. ABSTAIN: None. 5. RIGHT TO APPEAL DECISION Mayor Malone reviewed the appeal process. 6. CONSENT CALENDAR Mayor Malone removed item 6e and reagendized it as item 10b. Councilmember Kelly questioned Public Works Director Kennedy regarding item 6j. She asked about the granting of the easement to PG&E. Mr. Kennedy advised he spoke with Dave Dauer and Ken Jones of the gas section of PG&E. They have agreed to upsize the line at no cost to the City or the applicant. MIS MastinlKelly to approve the Consent Calendar as follows: a. Denied Claims for Damages received from Lynn J. Chevalier, et al., Fred Long, Nadine Rodriguez, Marie Massey, and Kagelini Kabinets, and referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; b. Approved Report of Disbursements for the Month of March 1998; c. Awarded bid to Advent Office Interiors in the amount of $23,970.17, to provide and install Dispatch Furniture and Computer Related Equipment for the Communications Center Improvement Project; d. Rejected bids for Tilt Deck Equipment Trailer; f. Adopted Ordinance No. 1001, Amending Division 9, Chapter 2 (Zoning) of the Ukiah City Code; g. Awarded contract to Ferranti Construction for the Construction of ADA Curb Ramps, Phase 2, Specification No. 97-17 in the Amount of $27,497.00 and Approved Budget Amendment; h. Authorized Mayor to sign Letters of Support for State Assembly Bill 2586; I. Authorized City Manager to execute Letter Agreement 98-SNR-98 between the Sierra Nevada Region of the Western Area Power Administration and the City of Ukiah for the Purpose of Western Providing Firm and Contingent Excess Capacity and Associated Energy to the City of Ukiah; and j. Authorized the execution of a Grant of Easement to the Pacific Gas and Electric Company for Gas Line Extension. 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 Avenue, Ukiah, thanked the majority of the Council who voted at the last Council Meeting to require owner occupancy for second units in single family residential areas. He also asked the Council to consider the issue of aesthetics in issues of development, especially along State Street. He expressed his concern for the amount of billboards along Highway 101 in the Ukiah Valley and his concern that commercial advertising is allowed on the banners which are hung over State Street. Since it was not yet time for the Public Hearings, Council moved consideration to agenda item 10a. 10. NEW BUSINESS 10a. Approval of Lease for a Portion of the Ukiah Regional Airport with Calstar Shock Trauma Air Rescue Servic~ City Manager Horsley advised Calstar is proposing to lease property at the Airport to provide air ambulance services. She introduced Airport Manager Don Bua. Mr. Bua noted Calstar wants to lease the area just north of the driveway, south of the Flight Service Station. The Airport Commission approved this use two meetings ago. The Commission was very happy to have such a needed service available at the Ukiah Airport, as the service will be an Adjourned Regular Meeting - April 16, 1998 Page 2 216 enhancement of Airport operations. All Airport tenants, with the exception of one, have expressed approval as well. Mayor Malone asked if Calstar has plans to upgrade their portable office space in the future. Mr. Bua indicated he did not know of plans for a more permanent facility, but if the City builds a new terminal in the future, Calstar offices could be incorporated into that facility. Discussion followed regarding noise. Mr. Bua noted there will be fewer California Department of Forestry helicopter flights as Calstar will be providing some of those flights and Calstar's helicopters are not as noisy. City Attorney Rapport advised there is one minor change to the Lease on page 4, Section 6.4, in the first line. The second to the last word says "Lessor," and it should say "Lessee." Phil Baldwin, 607 Willow Avenue, questioned the term of the lease and, if noise is a problem, how soon could the community reconsider the lease. He also asked if the City could control the direction in which an aircraft takes off. Airport Manager Bua replied the Federal Aeronautics Administration controls the flight path of aircraft. Historically and typically, helicopters take off mid-field and depart east-bound across the runway, head toward Talmage over the vineyards or orchards, and turn north or south. Mayor Malone noted the term of the lease is for five years. City Attorney Rapport advised there is a provision in the lease which does not allow for "nuisances." MIS AshikulMastin to approve the Lease for a Portion of the Ukiah Regional Airport with Calstar Shock Trauma Air Rescue Service, with the revision as noted above by City Attorney Rapport, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 8. PUBLIC HEARING -7:00 p.m. 8a. Adoption of Resolution Amendinq the General Plan Land Use Designation for Threr, Parcels and Introduction of an Ordinance Amending the City Zoning Map to Rezone Ten Parcels of Land Along North Oak Street The Council began consideration of this item at 7:02 p.m. City Manager Horsley noted letters were presented to the Council from Frank Shaw Bacik of Rawles, Hinkle, Cader, Behnke & Oglesby requesting this item be moved to the May 6, 1998 meeting. MIS Mastin/Chavez to continue this Public Hearing to the May 6, 1998 City Council Meeting, carried by a voice vote of all AYE. ABSENT: None. 8b. Introduction of Ordinance Amending Article 20 of Chapter 2 (Zoning) of the Ukiah Municipal Code Revising the Regulations for Administration and Procedure~ Senior Planner Stump noted that last October the City Council adopted a new article in the Zoning Code entitled, "Administration and Procedures." Since that time, staff has had an oppodunity to work with the new Code and has noticed two minor errors that need revision. One would be to improve the definition of a "minor discretionary permit," and the other would be to delete the requirement to physically post three notices on subject properties prior to scheduled Public Hearings. Mayor Malone opened the Public Hearing at 7:06 p.m. Phil Baldwin asked if the reason for not posting is because the City does not have enough staff. Planning Director Sawyer responded the City has sufficient staff, but staff does not see any benefit from the posting. Staff does all the noticing that is required by law; posting the property is not required. The Public Hearing was closed at 7:09 p.m. Adjourned Regular Meeting - April 16, 1998 Page 3 217 Discussion followed regarding posting the property and it was the consensus of Council that City staff would continue to post the subject property. MIS Malone/Mastin to introduce by title the Ordinance, as amended to retain the procedure of posting on subject properties, carried by a voice vote of all AYE. ABSENT: None. Recording Secretary Yoast read the ordinance by title only. MIS Malone/Mastin to introduce the Ordinance Amending Division 9, Chapter 2 (Zoning), Article 20 of the Ukiah City Code, as amended, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. ac. City Manager Horsley introduced Conference Center Manager Jenney. The proposed amendments to the rental rates for the Conference Center are being made to more closely cover the actual costs for various rooms. Mr. Jenney noted the figures proposed in the Resolution equate to a 10 percent increase for the Chardonnay, Riesling, and Columbard rooms, which is only a $10 or $20 increase but should generate $4,000 to $5,000 in increased revenues per year. The rates are still very equitable to the amenities being offered. Mayor Malone opened the Public Hearing at 7:15 p.m. No one wished to speak to this issue. The Public Hearing was closed at 7:16 p.m. MIS MastinlAshiku to adopt Resolution No. 98-37, Adjusting Room Rates for the Ukiah Valley Conference Center-"98", carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 9. U_UNFINISHED BUSlNES~ 9a. Ma or to Execute Contract City Manager Horsley noted there has been a great deal of additional information submitted for the Council's consideration since the agenda packet was issued. This material includes operational and site plans for the Taylor Ddve properly from Solid Waste Systems (SWS), a memo from Deputy City Clerk Giuntoli noting two telephone calls received in favor of the contract, a letter from the Mendocino County Employers Council supporting the contract, SWS rate sheets which show both a 10-year and 20-year amodization rate, a map of the City Sewer Treatment Plant and expansion plans therefor, a fax transmittal from Leonard Stefaneli of Portrero Hills Landfill, and a letter from Richard Shoemaker which notes all his concerns regarding the proposed contract have been addressed. The Council took some time to review the material. City Manager Horsley outlined the additional directives Council had given staff at the last Council meeting relative to the contract with SWS at the Taylor Drive property. The revised contract is provided for Council's consideration, along with 10-year and 20-year amortization schedules. She summarized the various components of the contract as outlined in the staff report, noting input from both Michael Sweeney of the Mendocino Solid Waste Management Authority (MSWMA) and Councilmembers were integrated into the final contract. Mayor Malone questioned the billing procedures and whether or not the City of Ukiah would be charged gate fees. City Manager Horsley advised SWS would be keeping a record of everything that comes into the Transfer Station and would provide copies of all those records to the City along with appropriate charges. Adjourned Regular Meeting - April 16, 1998 Page 4 218 City Attorney Rapport reviewed additional changes to the contract, including definitions and clarifications. City Manager Horsley noted this contract is almost unrecognizable from the its first-draft stage. She believed all of the concerns have been addressed. Councilmember Mastin questioned the references to MSWMA in the contract. City Attorney Rapport advised he changed the definition of MSWMA in the contract to include MSWMA or any other jurisdiction or agency that was providing MSWMA-type functions at the time. Councilmember Mastin questioned relative to Item No. 2 of the staff report, if the City went with this contract and switched to rail in year six, what would the starting point for the tipping be at that time? City Manager Horsley advised all the components for construction, transport, and operation would start at 50 percent of the CPI truck rate. The only negotiable item would be the rail transport and that would be based on different circumstances at that time. City Attorney Rapport advised the rail transport component is fixed in the Exhibit and we are guaranteed it would be no more than the 75 percent of the CPI for the five years. It could be less, but could not be more. Councilmember Mastin questioned the title to waste and the liability issue for the City once the waste goes to the Transfer Station and then on to the Landfill. City Attorney Rapport advised the City's liability would most likely arise under the Environmental Quality Act, which imposes liability on any generator, transporter, or disposer of hazardous or toxic substances. It was noted that it would be beneficial to get indemnification from the Landfill to which our refuse is being hauled. Discussion followed relative to the meaning of hazardous waste, and the added process for scrutinizing the waste at the Transfer Station before it arrives at the Landfill, which somewhat reduces the risk. Councilmember Mastin questioned whether 90 days is long enough to pursue a Iow interest construction loan. City Manager Horsley noted the information they received was strictly concerning the possible fees, the bond counsel, the eligibility, and that an application could be submitted. City Attorney Rapport noted one of Mike Sweeney's comments also was that 90 days seemed too short. It will take a year to do the permitting and a year would not be an unreasonable amount of time in which to obtain a construction loan. Further discussion followed regarding handling of hazardous waste. If any hazardous waste were found, it will be placed in a locker until MSWMA could pick it up to take it to its storage facility. Mayor Malone opened the discussion up to the public. David Gavrich, President of Waste Solutions Group, explained Waste Solutions Group is one of the largest and most experienced waste-by-rail companies in the United States. He has submitted a proposal to the City Council outlining the work of his company and their partners, Portrero Hills Landfill, NW Pacific Railroad, and Roadrailer Transport Systems. He outlined his proposal and why he believes rail is superior to truck haul. Additionally, he distributed a copy of a letter from Gary Milliman expressing his support. The Council asked Mr. Gavrich for clarification on several items in his proposal as well as with Waste Solutions Group's contract with Humboldt County. Discussion followed regarding the timeframe involved for acquiring the necessary permits. Mr. Gavrich advised that Humboldt County is going to build and operate its own facility. Al Bianchi, Legal Counsel to SWS, 1000 Fourth Street, San Rafael, thanked staff for its diligent work in producing the document before Council. He noted the fairness and logic involved in the negotiations. Now that the terms of the proposed contract have been made public, he asked the Adjourned Regular Meeting - April 16, 1998 Page 5 219 Council not to "shop the deal." SWS is prepared to continue to work with Waste Solutions Group towards a rail service contract. John Warren, Accountant for SWS, explained that the Council has to decide at this point whether they want to haul by truck through SWS or Roadrailer with Waste Solutions Group. He presented a comparison between the proposed SWS contract and the Waste Solutions Group proposal. City Manager Horsley noted that it was the Council's directive to have the waste transported by rail in five years. Mr. Gavrich responded to some of the comments and figures offered by Mr. Warren. Pat McAIlister, 87 Malaga Court, addressed comments in a recent editorial in the Ukiah Daily Journal. He felt the Council should approve the contract as presented. Robert Wright, 67 Bonita Place, Ukiah, congratulated the Council, Mr. Salyers, and SWS on an excellent contract. David Nelson, North Coast Railroad Authority Board of Directors, Hazel Avenue, Ukiah, stated the City has a good truck haul contract, but preferred the Council direct staff to work with Waste Solutions Group towards a rail haul contract. Peter Chevalier, 3551 Taylor Drive, Ukiah, is a resident of the area in which the transfer station will be located. He was opposed to the project due to it increasing the traffic congestion already in the area and concern for the residents of the labor camp, including many children. City Manager Horsley explained the permitting process by the County of Mendocino will address these concerns and encouraged Mr. Chevalier to work through that process. Al Beltrami, Mendocino County Employers Council (MCEC), strongly supports the staff recommendation regarding the proposed location and contract for the Transfer Station. MCEC believes the agreement is in the best interests of the citizens. Michael Deibar, Mendocino County Supervisor, spoke to the Waste Solutions Group proposal. He did not believe Waste Solutions Groups had an agreement with Humboldt County for the rail transportation of Humboldt's waste. He questioned the ability of the Roadrailer system to haul waste. The Council and Board of Supervisors have a duty to secure the lowest rates and most dependable service for our community. He supported the proposed SWS contract. In response to a question from Councilmember Mastin, City Attorney Rapport advised the Council that it was not necessary to put this type of contract out to bid. He could not imagine stopping the negotiations with SWS, as SWS could well pull its offer from the table. The Council has made several decisions and directed staff to negotiate with SWS. If, at this point, staff were directed to negotiate with another company, a question of good faith negotiations would arise. He advised, if the Council did not want to complete the staded negotiations with SWS, it should reject this proposal and formally go out to bid on a new contract. Discussion followed relative to the timeframe required if the process were to go out to bid. If the formal bid process were pursued, it would take three months or longer to have a final contract. Mayor Malone closed the Public Hearing at 9:30 p.m. City Manager distributed a copy of the Humboldt County/Waste Management Group agreement. RECESSED: 9:32 p.m. RECONVENED: 9:39 p.m. Mayor Malone commented that the Humboldt County/Waste Management Group did make a motion to accept their Executive Committee's recommendation to award the Transfer Station Transportation and Landfill Disposal Services to ECDC. Councilmember Kelly added it was a unanimous vote of their JPA. Councilmember Ashiku noted staff did a fine job complying with what the Council directed and incorporating necessary changes into the agreement. He felt the citizens' interests are protected and well served. He felt the transportation component of the contract could be addressed in five years' time and that it was now necessary to proceed with the contract at hand. Adjourned Regular Meeting - April 16, 1998 Page 6 22O Councilmember Kelly expressed her regret that a process was undertaken months ago whereby an entity clearly padial to truck haul (Solid Waste Systems) was designated to negotiate on behalf of both truck and rail haul proposals, to the detriment of the quality of information available to the Council on the rail option. She did not find the proposed Solid Waste Systems rail option credible, based on the information provided directly to the Council by Waste Solutions Group. There was lengthy discussion among the Councilmembers regarding various aspects of the proposed contract and the advantages and disadvantages of not entering into a contract at this time, the ethics involved in doing so, and what contractual obligations might apply. Councilmember Kelly noted she does not feel the City has explored all the options. Councilmember Ashiku noted the only issue to decide is whether there are assurances in the contract that will allow the City to execute a rail option in the future. He called for the question. Discussion continued regarding the proposal and the proposed contract before the Council. Councilmember Chavez noted if rail haul is competitive five years from now, she would be suppodive, but right now she cannot justify the additional cost. Mayor Malone stated his desire to have the railroad succeed and felt that it eventually would. He felt the proposed contract was well scrutinized and that the Council should now proceed with the contract as negotiated. MIS Ashiku/Mastin to approve the contract with Solid Waste Systems for construction, operation, and disposal of the waste and operation of the Transfer Station, and direct staff to continue negotiations on the rail component, with the contract amended to change 90 days to 12 months to begin construction, died when Councilmember ^shiku withdrew his motion. MIS Ashiku/Mastin to approve the contract with Solid Waste Systems for construction and operation of the Solid Waste Transfer Station at Taylor Drive, changing 90 days to 12 months to receive the Iow interest loan for construction, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Mastin, and Mayor Malone. NOES: Councilmember Kelly. ABSTAIN: None. ABSENT: None. Councilmember Ashiku told Waste Solutions Group that he appreciated their efforts in this process and hoped they would work with SWS to come up with an eventual rail option. City Manager Horsley advised SWS that the motion would allow them to begin their permitting process. 10b. Adoption of Resolution Changing the Street Name for Standley Avenue to Standley Street Associate Planner Lohse explained staff received a letter from Michael Hunter, 208 Standley Avenue, in opposition to the street name change based on the inconvenience of having to reprint all his business correspondence with the new address. He noted the issue is one of comparing the cost of business correspondence versus the public safety aspect of this proposal. Discussion followed regarding the process of changing an address. City Manager Horsley advised there are several situations around Ukiah that have the same problem. Mr. Lohse added that this change would provide the same street name consistency that is required for newly established streets to not allow duplicate street names (Section 8086 of the Municipal Code). ' Fire Engineer Yates noted that he contacted all the neighbors and found no opposition. Mr. Hunter's wife agreed with the change at that time. It was noted that Standley Avenue was chosen as the first street for a name change in response to concerns expressed by persons living in the neighborhood when Fire Department personnel were looking at the foothills during their weed abatement program. Adjourned Regular Meeting - April 16, 1998 Page 7 221 MIS Kelly/Malone to adopt Resolution No. 98-38, Changing the Street Name of Standley Avenue to Standley Street, 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 REP(~RTS Councilmember Chavez reported that on Tuesday, April 21, at 7:30 p.m., at the Grace Hudson Museum meeting room, Father Boyle will be giving an address on gang prevention. Councilmember Ashiku stated he lost a lot of sleep over the garbage contract. It has been difficult on staff and although the vote was not unanimous, he appreciated everyone's input. Councilmember Kelly; reported the School District is going to reconstitute a new site planning committee for the proposed new school. The District is requesting that she be on the committee, as well as a member of the Planning Commission. It was the consensus of'the Council that Judy Pruden and Kristy Kelly would represent the City on the school site planning committee. Discussion followed relative to car pooling to the Redwood Empire Division of the League of California Cities quaderly meeting in Fort Bragg on April 18, 1998. Councilmember Kelly further reported she attended a Ukiah Valley Cultural and Recreation Center meeting. Mr. Monahan gave his report. That group will be having a retreat on April 24, 1998, from 2:00 p.m. until 9:00 p.m., to incorporate suggestions from Mr. Monahan's report and to start moving ahead with fundraising plans. She also noted the Grace Hudson Museum is opening a new basketry exhibit through the auspices of the University of Pennsylvania. She noted the opening reception would be on Saturday, May 16, 1998, from 12 noon to 4 p.m. Councilmember Niastin stated his anger at the process the Council went through relative to the Transfer Station contract and his frustration that the two agencies involved did not show good faith towards each other. Mayor Malone repoded he had a good vacation. He felt as Councilmember Mastin did that the two companies did not deal fairly with each other regarding negotiations for the Transfer Station. 12. CITY MANAGER/DIRECTOR REPORTS.. City Manager Horsley noted staff put in a request to NCRA to consider pollution cleanup for the Perkins Street depot; yesterday it was approved. Cleanup of the Ukiah site has advanced in priority. Councilmember Mastin advised he will get the telephone number of the man who is in charge of the cleanup. City Manager Horsley further advised that Councilmember Kelly asked if staff would bring forward some proposals that it feels are workable for the site. Those proposals will be fodhcoming soon. Discussion followed relative to Southern Pacific owning all the land at the depot site except for the surface easement on the east side of the properly. City Manager Horsley noted she was in contact with the person who gave the Drugs and Family Seminar in Lake County. She has ascertained the cost of doing a seminar and will include that cost in next year's budget. 13. CLOSED SESSION.. There was no Closed Session. 14. ADJOURNMENT. There being no fudher business, the meeting was adjourned at 10:46 p.m. to the Adjourned Regular meeting of April 29, 1998, at 8:15 a.m. Karen Yoast, RecOi'~ng Secretary Adjourned Regular Meeting - April 16, 1998 Page 8