Loading...
HomeMy WebLinkAboutMin 09-04-96 474 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 4, 1996 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:31 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were PRESENT: Councilmembers Mastin, Malone, Wattenburger (with a 7:31 p.m. arrival), Shoemaker, and Mayor Schneiter. ABSENT: None. Staff Present: Community Services Director DeKnoblough, Assistant City Manager Harris, City Manager Horsley, Public Works Director Kennedy, Administrative Secretary Kinch, City Attorney Rapport, Planning Director Sawyer, Senior Civil Engineer Woods, Community Services Supervisor Weselsky, and City Clerk Giuntoli. 2. Invocation/Pledge of Allegiance Mayor $chneiter gave the Invocation, and Councilmember Malone led the Pledge of Allegiance. 3. Proclamation - Pollution Prevention Week Mayor Schneiter noted the Proclamation relative to "Pollution Prevention Week" of September 16-22, 1996. e Approval of Minutes Special Joint Meeting of City Council and Golf Course Committee - August 21, 1996 MIS MastinlMalone to approve the Minutes of the Special Joint Meeting of City Council and Golf Course Committee of August 21, 1996, with the following correction: Councilmember Shoemaker made the following correction: Pa~e 2, Paragraph 10, amend to read: "Councilmember Shoemaker offered a personal comment, encouraging those present not to leave the meeting and insinuate to other members of the community that Council has insulted the volunteers, thus doing both them and the Council a disservice. The staff, golf course volunteers, and volunteer Councilmembers are a highly dedicated group of people, and none of them need to have their persons defamed or attacked about the efforts they have all put in on this." The motion carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 4b. Regular Meeting - August 21, 1996 MIS MalonelMastin to approve the Minutes of the Regular Meeting of August 21, 1996, as submitted, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 5. RIGHT TO APPEAL DECISION Mayor Schneiter explained the appeal process. 6. CONSENT CALENDAR MIS MastinlMalone to approve the Consent Calendar as follows: ao b. c, e, Adopted Resolution No. 97-17 Waiving the 60-Day Notification Requirement for Establishing a County Facility Within the City Limits; Denied Claims Received from Cad Barker; Nancy Lee; Steven Grams; Michelle McKay; and Pacific Bell; and Referred to City Insurance Carder, REMIF; Received Notification Regarding the Annual Purchase of Non-Ionic Dry Polymer Product; Received Report Regarding Tree Stump Removal at Todd Grove Park Performed by Timber Lake Tree Service, and Authorized Budget Amendment in the Amount of $5,040; Authorized Month to Month Service From Reuser, Inc., for the Removal of Yardwaste and Woodwaste at the Ukiah Landfill Until November 7, 1996; and Approved Budget Amendment for Special Legal Counsel for Ashoff, et al, v. City of Ukiah. Regular Meeting - September 4, 1996 Page I 475 The motion carded by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor $chneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 7. AUDIENCE COMMENTS NON-AGENDA ITEMS No one came forward. Mayor Schneiter advised that Item 9a would be heard at this time, since it was not yet the 7:00 p.m. hour scheduled for the Public Hearing. . UNFINISHED BUSINESS Adopt Report of the Amended Gas Mitigation Corrective Action Plan for Perimeter Ga~ Migration at the Ukiah Landfill, Prepared by L=_wrence and Associates, and Authorize the Director of Public Works to Submit Report to the Local Enforcement Agency an~ the California Integrated Waste Management Board Public Works Director Kennedy gave a brief summary of the Amended Gas Mitigation Corrective Action Plan for Perimeter Gas Migration at the Ukiah Sanitary Landfill, and stated that the purpose of the Plan is to present measures or conceptual designs which can be implemented for the purpose of reducing migrating methane gas at the perimeter of the landfill boundary to levels below the compliance level of 5 percent by volume. He described the two conceptual designs, a perimeter extraction system and an infill extraction system, and outlined the advantages and disadvantages of each, as well as their budgetary level cost estimates. Discussion followed regarding the costs of each system. Mr. Kennedy explained the precautions, requirements, and new source performance standards and emission guidelines for existing landfills regarding non-methane organic compound (NMOC) emissions through the landfill surface. He emphasized that the perimeter system immediately reduces perimeter gases which migrate laterally through the soil mass, whereas an infill extraction system involves a longer process. Council queried staff regarding methane production in wet weather, air quality test results, acceptable levels of detection, and cost and control of flares. Mr. Kennedy stated that although the perimeter extraction system would not control surface emissions of NMOC gases as required by the new EPA guidelines, he did not feel the Ukiah landfill would reach emission levels which exceed the compliance level of 55 tons of NMOC gases per year. Mr. Kennedy believed that the gas work performed by Mr. Suder of Precise Environmental for the recent landfill EIR confirmed this assumption and statement. MIS Shoemaker/Malone to adopt the Report of the Amended Gas Mitigation Corrective Action Plan for Perimeter Gas Migration at the Ukiah Landfill, dated August 27, 1996 and prepared by Lawrence and Associates, and authorize the Director of Public Works to submit the Plan to the Local Enforcement Agency, the California Integrated Waste Management Board, and the Mendocino County Air Quality Management District, carded by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor $chneiter. NOES: None. ABSTAIN: None. ABSENT: CouncilmemberWattenburger. . PUBLIC HEARING Adopt Negative Declaration of Environmental Impact for the Realignment/Relocation of an Intermittent Creek to Accommodate the Enlargement of the East Sedimentation Basin at the Ukiah Landfill Public Works Director Kennedy explained the necessity to enlarge the east sedimentation basin at the Ukiah landfill to accommodate a 100-year, 24-hour storm event, by realigning approximately 500 linear feet of an adjacent, unnamed, and intermittent creek located along its north side. He further explained that an Initial Study of Potential Environmental Impacts was prepared by City staff, which identified a number of potentially significant environmental impacts resulting from the proposed project. Mitigation measures were developed, including measures required by the Department of Fish and Game and the Army Corps of Engineers and incorporated into the project, that will eliminate or reduce the identified impacts to a level of insignificance. After appraisal of the possible impacts of the project, City staff has determined that there is no substantial evidence that Regular Meeting - September 4, 1996 Page 2 476 the project, as mitigated, will have a significant effect on the environment and that a Negative Declaration constitutes compliance with the requirements for environmental review and analysis required by CEQA. There were no questions from Council. PUBLIC HEARING OPENED: 7:30 p.m. No one came forward. PUBLIC HEARING CLOSED: 7:31 p.m. Councilmember Wattenburger arrived at the meeting at 7:31 p.m. Councilmember Mastin inquired regarding the time line for completion of the project. Mr. Kennedy replied the majority of the work will need to be completed prior to October 15, 1996. MIS MalonelMastin to adopt the Negative Declaration of Environmental Impact for the relocation/realignment of an existing intermittent unnamed creek to accommodate the required enlargement of the east sedimentation basin located within the Ukiah Solid Waste Facility, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: CouncilmemberWattenburger. ABSENT: None. 8b. Adopt Resolution Approving Fee Schedule for Various City of Ukiah Parks an,~ Facilities City Manager Horsley advised that the first Fee Schedule, Policies, and Rules were adopted in 1993. Costs have now been reassessed and staff has come back with a presentation and Fee Schedule that more adequately addresses the current uses and costs. Community Services Director DeKnoblough advised there were a number of costs incurred by the City to provide these services, and since the City's costs for providing them have increased, staff is requesting an increase in the fees. He recommended the Fee Schedule be adopted without the listed insurance rates. Community Services Supervisor Weselsky reviewed the changes in the fees, with special note of the new facilities' all-day rate at a cost less than an eight-hour period at an hourly rate. Councilmember Malone inquired regarding what the hours were in the "all-day" category. Ms. Weselsky replied "all day" included the time from set-up to clean-up; the only requirement is that it be ready for another party for next-day use. Mr. DeKnoblough noted the Schedule also included a $35 call-out fee should City staff be required to provide services during weekends and after hours. Staff services are not included in the rental fees and currently the City has no mechanism to recover costs when staff is dispatched to provide service to a renter. He also reviewed Attachment #2, which compares the proposed City fees with other facilities located within the area, including the Fairgrounds, Grange Hall, and Veterans Hall. PUBLIC HEARING OPENED: 7:42 p.m. No one came forward. PUBLIC HEARING CLOSED: 7:43 p.m. Councilmember Shoemaker suggested that the Saturday Afternoon Club be checked for comparative rental rates in the future. MIS Shoemaker/Wattenburger to adopt Resolution No. 97-18 Adopting Policies and Rental Fees for City Park Facilities, omitting the insurance rates. Councilmember Malone noted that the notation included in the previous fee schedule that the renter may be required to pay for a security guard for groups over 150, or where alcohol was available, had been omitted from the proposed schedule, and recommended the motion be amended to include that notation. Regular Meeting - September 4, 1996 Page 3 477 Councilmembers Shoemaker and Wattenburger agreed to the amendment. The motion, as amended, carded by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor $chneiter. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10a. Discussion and Adoption of Resolution in Support of Proposition 217 City Manager Horsley explained Proposition 217, and read highlights of a letter from Greater Ukiah Chamber of Commerce General Manager Elizabeth Brazil. At their meeting, the Chamber unanimously voted to take a position of opposition. Discussion followed relative to Proposition 217, wherein it was noted by City Attorney Rapport that the material distributed to the Council did not contain a copy of the actual Proposition. Councilmember Shoemaker suggested a meeting to consider Propositions 215, 217, and 218. Al Beltrami, 145 Mendocino Place, spoke to Proposition 217, stating in his opinion it would be restoring a tax, giving California the highest income tax in the nation, and impacting small businesses. He urged the Council not take a position on Propositions other than on an informational basis. Discussion followed regarding what position the Council desired to take. It was the consensus of the Council not to take action at this time, and to ask for more detailed information on a future agenda. 11. CITY COUNCIL/REPORTS Councilmember Mastin announced the MTA bus christening of the two new buses will be held at Noon on Tuesday, September 17, at the Thomas Plaza. Councilmember Malone reported on the Railroad Steedng Committee meeting, and stated they had looked at conceptual designs, discussed funding, and considered drafting a letter to NCRA that any leases constructed on that property will defer to long-range plans. He further stated he had attended the Chamber of Commerce meeting and had received input on their letter relative to Proposition 217. Councilmember Wattenburger reported he had been speaking to Rosalind Peterson regarding the High School tennis courts, swimming pool, and vandalism due to skateboards. He asked if the School District had adopted a resolution of any kind. City Manager Horsley replied she had suggested Ms. Peterson consult with her School Board on how to resolve the problem, and report back with the information. Discussion followed regarding the skateboarding issue. Council expressed their concern relative to liability issues surrounding a skateboard facility, and their frustration with the attitude of some skateboarders when asked to discontinue the activity. Councilmember Shoemaker advised that the September 6 Solid Waste Authority's court date was postponed until October 12. He reported on the League of California Cities Division Meeting he had recently attended in Eureka, where major discussions centered around Propositions 62 and 218, and stated he had volunteered Ukiah as the location for the January, 1997 League meeting. He suggested more information be secured on a joint USDA grant given to Del Norte, Humboldt, and Mendocino Counties for tourism training and customer service. Mayor Schneiter reported that the State Legislature had voted to support the deregulation of the electdc industry; the NCPA will develop a position, since at the current time the regulated utilities will be the ones affected first. The issue of a buyout and how the stranded costs will be passed on is still vague. Discussion followed relative to stranded costs, stranded investments, and exit charges. 12. CITY MANAGER/DEPARTMENT HEAD REPORTS Ms. Horsley reported she has been meeting with the "Make A Difference" Committee, and she will Regular Meeting - September 4, 1996 Page 4 478 be working with this Committee and the Chamber on designing a pamphlet for toudsts and visitors to Ukiah. 13. CLOSED SESSION (None) 14. ADJOURNMENT There being no further business, the meeting was adjourned at 8:26 p.m. IVl~g~ Giurffoli, ~ty Clerk b:cc/ccO90496.min Regular Meeting - September 4, 1996 Page $