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HomeMy WebLinkAboutMin 08-21-96(2)468 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH -August 21, 1996 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:40 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were PRESENT: Mastin, Malone, Wattenburger (with an 8:30 p.m. arrival), Shoemaker, and Mayor Schneiter. ABSENT: None. Staff Present: Director of Public Utilities Barnes, Director of Community Services DeKnoblough, Compliance/Customer Service Officer Goodrick, Assistant City Manager Harris, City Manager Horsley, Public Works Director Kennedy, City Attorney Rapport, Planning Director Sawyer, Senior Planner Stump, Executive Assistant Yoast, and City Clerk Giuntoli. 2. Invocation/Pledge of Allegiance Mayor Schneiter gave the invocation, and Councilmember Mastin led the Pledge of Allegiance. o Special Order of Business Introduction of Century Communications Management Staff, Including Michael Cline, General Manager Michael Cline, General Manager, Century Communications, introduced the new management staff members and gave a brief overview of Century Communication's operations. o Approval of Minutes Regular Meeting - August 7, 1996 MIS MalonelMastin to approve the Minutes of the Regular Meeting of August 7, 1996, as submitted, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: CouncilmemberWattenburger. 5. RIGHT TO APPEAL DECISION Mayor Schneiter explained the appeal process. 6. CONSENT CALENDAR MIS MastinlMalone to approve the Consent Calendar as follows: a. b, c. g, jo Adopted Ordinance No. 970 Amending Sections 2580 and 2581 of the Ukiah City Code to Require Drug and Alcohol Testing of Taxi Cab Ddvers; Adopted Ordinance No. 971 Amending Section 101 of the Ukiah Municipal Code Relative to City Manager Residency; Approved Dispatch Service Agreement Between the City of Ukiah and City of Ft. Bragg; Approved Agreement with Morton Phillips Inc. for Plan Checking Services; Accepted Resignation from Planning Commissioner Cheryl Baker and Authorized City Clerk to Advertise Vacancy; Received Report Regarding Award of Contract to Hendrix, C/O C. Stephens & Associates for 7,500 Feet of #2 AWG Aluminum, 15 KV, XLPE Insulated, Non-Jacketed, Concentric Neutral, Single Conductor Cable; Received Report of Acquisition of Portable Surface Grinding Machine; Received Report of Acquisition of Consultant Services for the Design of the Alternative Leachate Containment System for the Ukiah Solid Waste Facility; Awarded Construction Contract to Pamum Paving, Inc. for the Construction of the Gobbi Street Storm Drain From Waugh Lane to Leslie Street, Specification No. 96-04, in the Amount of $32,489; Awarded Bid for 2-Wheel Ddve Utility Vehicle to Lasher Auto Center for the Amount of $20,347.47; Received Report of Recreational Brochure Publication Costs and Approved Budget Amendment; Received Report Regarding Award of Contract to Taylor Made Associates for Rental of Canon Copy Machine in an Amount Not to Exceed $8,314.08 at 20,000 Copies per Month. Councilmember Mastin inquired regarding Item 6k, whether in the past the City had tried to accomplish the same results in one annual publication instead of three separate publications. Regular Meeting -August 21, 1996 Page 1 469 City Manager Horsley explained that several years ago the recreation brochure was published twice a year, supplemented with flyers announcing new classes. The result was a decrease in the number of people enrolling in classes. Also, City residents previously received a brochure in the mail; however, this proved to be a costly process. This advertising format will offset the production costs of the brochure. Councilmember Malone inquired regarding Item 6d, whether there are no local firms available still that could provide the plan checking services. Planning Director Sawyer confirmed that was still the case. The motion carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. UNFINISHED BUSINESS Discussion of Airport Commission Composition and Adoption of Resolution Filling One Airport Commission Vacancy Executive Assistant Yoast reviewed the three options to be considered by Council, and advised Councilmember Mastin was next in rotation to nominate should the Council choose that option. Councilmember Shoemaker stated another option, which would be a six-member commission. Councilmember Malone stated he preferred to keep the Commission composition at seven members. Mayor Schneiter also stated his preference for the seven-member Commission, and suggested one of the applicants be appointed at this time, and advertising occur to fill the remaining vacancy with a City of Ukiah resident. MIS Shoemaker/Malone to designate Commission membership to remain at seven members and to readvertise for the vacant position, was withdrawn following discussion regarding proper procedure. MIS Mastin/Schneiter to nominate Mark Davis as a member of the Airport Commission carried by an all AYE voice vote. MIS Mastin/Shoemaker to adopt Resolution No. 97-13 Appointing Mark Davis to a three year term on the Airport Commission, with direction to readvertise for the remaining vacancy to be filled with a City of Ukiah resident, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor $chneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 8b. Adoption of City of Ukiah Landscaping and Streetscape Design Guidelines Senior Planner Stump bdefly outlined the Landscaping and Streetscape Design Guidelines, stating that the document provides a consolidation of policies previously established, thereby providing the staff, public, and project applicants dear and comprehensive direction of what constitutes acceptable and approvable landscape treatment within the City. Mayor Schneiter commented that the amount of time the Planning Commission spent on discussing landscaping issues concerned him. Mr. Stump stated staff believed the proposed Guidelines would help alleviate that situation. A handout regarding landscaping design will be provided to individuals dudng the planning application process. Council queried staff regarding several items in the proposed Guidlines, including irrigation under oak trees, Planning Director determination of "superior quality" landscaping, percent of landscaping on new development, landscaping theme, lawns, street trees, planting strips, and indigenous plant materials. Regular Meeting -August 21, 1996 Page 2 470 Council suggested the following changes to the Guidelines: Page 3, Chapter 1, A. 1. Delete the language "unless the landscaping design is of superior quality, as determined by the Planning Director." Page 3, Chapter 1, A.2.a. and g. Delete from Guidelines. Page 4, Chapter 1, C.5 Eliminate the word "emitters." Page 5, Chapter 1, E.7 Delete from Guidelines. Page 7, Chapter 2, 1.1.A.4 Revise language to resolve conflict with street tree list for existing School Street trees. Discussion followed regarding where street trees are to be located by Ordinance and Resolution and where they are by actual installation. It was noted the current Ordinance states street trees should be installed between the curb and sidewalk; however, it is not being enforced. It was further noted that either the trees should be installed according to Ordinance, or the Ordinance should be changed. Councilmember Shoemaker recommended the following changes to Appendix F, Master Tree List. Page 3, change the spelling of "Crepe Myrtle" to "Crape Myrtle." Page 8, relative to the Chinese Tallow Tree, note in the Comments column that an annual pruning is recommended. He further recommended the Strawberry Tree and the Eucalyptus be eliminated from the Master Tree List. He referred to Chapter 5, Article 2, Section 5421, B. and E. of the Ukiah Municipal Code relative to the definitions of "Planting Stdp" and "'l'ree," and suggested revisions be made to incorporate the City Engineer's guidelines. He further referred to Section 5424, C., describing street trees, and commented there were many trees listed on the street tree list that do not meet that description. He suggested the modification of the Master Tree List and elimination of those trees which do not meet Ordinance requirements. Discussion followed regarding planting street trees on private property rather in the public right-of- way, and the use of plants indigenous to Mendocino County. Council suggested the following change to the Guidelines: Page 3, Chapter 1, A.5. Delete from Guidelines. City Manager Horsley suggested an option would be to approve the Resolution adopting the Landscaping Guidelines with the suggested changes, and then change the Ordinance at a later date. MIS MalonelMastin to adopt Resolution No. 97-14 Adopting the Ukiah Landscaping and Streetscape Design Guidelines, with the changes as previously proposed by Council, carded by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: CouncilmemberWattenburger. ac. Adoption of Resolution Approving Joint Powers Agreement for the Formulation an~ Implementation of the Mendocino County Inland Water and Power Commission an~ Authorizing Mayor to Execute Agreement Mayor Schneiter explained the Redwood Valley County Water Distdct is now a member of the group considering the Commission, and advised that each of the five entities have been asked to contribute $2,000 startup funds. When the Board is selected and the members in place, the plan for financing will be determined at that point. Discussion followed regarding from which account in the budget the $2,000 would be drawn. MIS MastinlMalone to adopt Resolution No. 97-15 Approving Joint Powers Agreement for the Formulation and Implementation of the Mendocino County Inland Water and Power Commission and Authorizing the Mayor to Execute the Agreement, carded by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: CouncilmemberWattenburger. 8d. Discussion Re.qardin~ Annual Funding for Non-Profit Groups City Manager Horsley reviewed the staff report and outlined the possible actions Council could take. Councilmember Mastin stated he was a strong supporter of these funds, but recommended the funds be held for the time being and see how things progress during the course of the fiscal year. Councilmember Shoemaker stated he agreed that the funds should be held. Regular Meeting - August 21, 1996 Page 3 471 Mayor Schneiter stated for the first time since he has been a member of the Council he supports returning these funds to the General Fund. MIS SchneiterlMalone to return the funds to the General Fund. Discussion followed with concerns expressed regarding what City employees facing potential layoffs would say relative to the City giving money to various community groups, and the message many non-profits with limited resources may receive relative to their worthiness to the community should the funds be eliminated. It was noted that the various recipient agencies had been informed every year that the funding might be discontinued in the future. The motion failed by the following roll call vote: AYES: Councilmember Malone and Mayor $chneiter. NOES: Councilmembers Mastin and Shoemaker. ABSTAIN: None. ABSENT: Councilmember Wattenburger. Councilmember Mastin moved to hold the funds for review until February, 1997. The motion died for lack of a second. MIS Shoemaker/Malone to hold the funds and bring the item back for review and discussion after Council makes some concrete budgetary alteration decisions as part of the strategic plan, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, and Shoemaker. NOES: Mayor Schneiter. ABSTAIN: None. ABSENT: CouncilmemberWattenburger. Se. Approval of Agreements Between the City of Ukiah and Redwood Business Park Owners, et al, for Extension of Airport Park Boulevard Mayor Schneiter advised that if this item is to be acted upon, it will occur after Closed Session. Sm NEW BUSINESS Discussion of Preliminary Draft AB939 "Mendocino County Siting Element" Prepared by Mendocino Solid Waste Management Authority Compliance/Customer Service Officer Goodrick explained the Preliminary Draft Siting Element and reviewed the comments which staff suggests be forwarded to the Mendocino Solid Waste Management Authority (MSWMA), which include: 1) Page 4, Table 2, relative to the transfer station in Leggett, the Funding Sources identified as the "franchise" hauler should be "permitted" hauler; 2) Page 4, Table 2, South Coast Landfill Implementation Date be changed from "undetermined" to reflect a more detailed explanation; 3) Page 5, Table 3, Projected Disposal Tonnage from SRRE should be revised to reflect most recent estimates; and 4) Page 8, Item 7, Ukiah Landfill acreage currently landfilled is 4._~0 acres, not 80. Discussion followed regarding the above comments and the use of "franchise" versus "permitted." It was suggested the comment be noted that the City Council of Ukiah had a question of whether the column that reads "hauler" is intended to be "permitted" or "franchise," and specifically so. If that is the case, at the public hearing the appropriate language can be determined and inserted and the Council will support that language as determined at that time. It was further noted it should be clarified whether the waste output figures, as stated on Page 9, of 150 tons per day for Mendocino County, were for a five or seven day week. MIS Shoemaker/Malone to approve, with comments, the Preliminary Draft AB939 "Mendocino County Siting Element" prepared by Mendocino Solid Waste Management Authority, carded by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: CouncilmemberWattenburger 9b. Invoke Provisions of Section 1530 of the Ukiah Municipal Code and Award a Consultant Service Agreement to Dames and Moore for the Implementation of the Limited Action Alternative and Risk Assessment Related to VOC Impact to On-Site Groundwater at the Ukiah Landfill At a Maximum Compensation of $50~995 Public Works Director Kennedy gave a brief review of the staff report and explained why this project has become an emergency situation. Mayor Schneiter asked City Attorney Rapport if the Council could take the recommended action. City Attorney Rapport replied in the affirmative. Regular Meeting - August 21, 1996 Page 4 472 MIS Malone/Shoemaker to waive the informal bid (proposal) procedure pursuant to Ukiah Municipal Code Section 1530, and award a Consultant Service Agreement to Dames and Moore for the Implementation of the Limited Action Alternative and Risk Assessment related to VOC Impact to on- site groundwater at the Ukiah Landfill at a maximum compensation of $50,995, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: CouncilmemberWattenburger. 10. CITY COUNCIL/REPORTS Councilmember Malone reported he had attended the NCRA meeting dudng which the operating policy was approved; there is now a working policy draft with copies to be forwarded to all of the cities along the railroad line. Councilmember Shoemaker reported the Solid Waste Authority set the date of Saturday, October 19, for the "Garbage Circus," which will be held in Willits. There will be a joint meeting on August 24-25, in Eureka, between the North Bay Division and the Redwood Empire Division of League of California Cities. The guest speaker will be Congressman Riggs. He encouraged support of Proposition 217, and suggested the City Manager and City Attorney consult on whether it would be appropriate to consider a resolution in support of the Proposition. 11. CITY MANAGER/DEPARTMENT HEAD REPORTS Ms. Horsley advised she will be contacting the candidates for City Council and offering an orientation on the budget and a departmental overview. The Council recessed to the Ukiah Redevelopment Agency meeting at 8:05 p.m. Council reconvened from the Ukiah Redevelopment Agency meeting at 8:18 p.m and entered Closed Session at 8:25 p.m. Councilmember Wattenburger arrived at the meeting at 8:30 p.m. 12. 12a. CLOSED SESSION Conference with Legal Counsel Regarding Anticipated Liti;;ation - Significant Exposure to Lift_clarion Pursuant to Subdivision (b) of Section 54956.9 (1 case) 12b. Conference with Labor Negotiator, Candace Horsley~ Pursuant to G.C. Section 54957.6 Council recessed from Closed Session to the Ukiah Redevelopment Agency meeting at 10:10 p.m. council reconvened from the Redevelopment Agency meeting at 10:12 p.m., to take action on Item 8e. 6e. Approval of Agreements Between the City of Ukiah and Redwood Business Park Owners, et al, for Extension of Airport Park Boulevard MIS MastinlShoemaker that the City and Ukiah Redevelopment Agency shall discontinue negotiations with the owners of the Redwood Business Park to share the cost of constructing Airport Park Boulevard and to proceed with providing access to the Mendocino Brewing Company property along Airport Road with only the 12 inch water main constructed within the City's easement across the Redwood Business Park, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: Councilmember Wattenburger. ABSENT: None. 13. ADJOURNMENT There being no further business, the meeting was adjo~,~led at 10:14 p.m. Ma~g/,e/Giun~li, CTty Ct~rk b:cc/82196min Regular Meeting -August 21, 1996 Page 5