HomeMy WebLinkAboutMin 02-07-96MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - February ?, 1996 Page i
The City Council convened in a regular meeting, of which the agenda
was legally noticed and posted, at 6:33 p.m. Roll was taken with
the following Councilmembers present: Mastin, Malone, Wattenburger,
and Mayor Schneiter. Absent at roll call; Councilmember Shoemaker.
Staff present: City Clerk McKay, City Attorney Rapport, City
Manager Horsley, Senior Planner Stump, Public Works Superintendent
Looney, Airport Manager Bua, Finance Director Elton, Assistant to
the City Manager Harris, and Public Utility Director Barnes.
2. Invocation/Pledge of Allegiance
Councilmember Wattenburger requested a moment of thought to the
memory of Landfill Equipment Operator, Jim Hamilton and Mayor Fred
led Pledge of Allegiance.
3. Special Order of Business - Dedication of Meeting to the
Memory of Jim Hamilton
Councilmember Wattenburger spoke of the dedication and respect of
Jim Hamilton, who passed away on January 27, 1996.
APPROVAL/CORRECTION OF MINUTES
4a. Regular Meeting of January 17, 1996
M/S Malone/Wattenburger to approve the minutes of the regular
meeting of January 17, 1996, as submitted. The motion was carried
by the following roll call vote: AYES: Councilmembers Mastin,
Malone, Wattenburger, and Mayor Schneiter. NOES: None. Absent:
Councilmember Shoemaker.
4b. Regular Adjourned Meeting of January 30, 1996
M/S Malone/Wattenburger to approve the minutes of the regular
adjourned meeting of January 30, 1996, as submitted. The motion was
carried by the following roll call vote: AYES: Councilmembers
Mastin, Malone, Wattenburger, and Mayor Schneiter. NOES: None.
Absent: Councilmember Shoemaker.
4c. Regular Adjourned Meeting of January 30, 1996
M/S Malone/Wattenburger to approve the minutes of the regular
adjourned meeting of January 30, 1996, as submitted. The motion was
carried by the following roll call vote: AYES: Councilmembers
Mastin, Malone, and Wattenburger. Abstain: Mayor Schneiter. NOES:
None. Absent: Councilmember Shoemaker.
5. RIGHT TO APPEAL DECISION
Mayor Schneiter reviewed Government Code Section 1094.6 of the
California Code of Civil Procedures.
CONSENT CALENDAR
M/S Malone/Wattenburger to approve the Consent Calendar as follows;
6a. Accepted letter of resignation from Planning Commissioner Brent
Smith and authorized the City Clerk to advertise for applications.
6b. Declared surplus property of 1992 Crown Victoria automobile
and approve scrapping of vehicle.
6c. Rejected all bids for 12,000 feet of #2 AWG, 15KV cable
received December 12, 1995.
6d. Awarded bid for five 25 KVA and five 37.5 KVA transformers to
General Electric Supply Company in the amounts of $4,906.70 and
$6,896.20, respectively.
6e. Awarded bid to Cues, Inc. for a Mini-Mainline Sewer Inspection
Camera in the amount of $11,250.53.
363
Reg. Mtg.
February 7, 1996
Page 1
MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - February 7, 1996 Page 2
6f. Awarded bid to Ail Pure Company for annual contract for
Chlorine Products in the amount of $36,501.20.
The motion on the floor was carried by the following roll call
vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Mayor
Schneiter. NOES: None. Absent: Councilmember Shoemaker.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward.
PETITIONS AND COMMUNICATIONS
9a. Consideration of Letter Received From Mendocino County
Requesting Discussions Pertaining to Sales Tax Sharing
Mayor Schneiter outlined information provided to Council and
discussion with Council ensued. He indicated with the apparent
information he cannot support loosing any sales tax.
Councilmember Malone commented he understands the County's
concerns, but the City also has similar concerns. He suggested we
should both get together to stop sales tax leakages and possibly
provide public services jointly. He reminded the Council that the
City provides recreation for all County residents, and although
analysis of who provides what, could be extensive, efforts should
be directed to recover 5% and get the State to pay for the services
they mandate the County to cover.
County Administrator Scannell reported the Chairman of the Board of
Supervisors just asked for initial discussions to begin regarding
sales tax sharing. He outlined County funding statistics and noted
the County and the City had a sales tax sharing agreement in the
1960's. He indicated the Board just wants to commence civil
discourse regarding this issue.
Mayor Schneiter indicated the Council's staff report reveals that
the distribution of sales tax from sales inside our City reflects
that the County benefits too, and does receive increased revenue.
County Administrator Scannell explained cost allocations of
percentage of sales tax dollars that are restricted with only 1%
of portion being discretionary. He indicated it is this 1% that
they wish to discuss. He noted as our retail sales drop, the County
assumes they are going to the City. He recommended a similar
Redevelopment mechanism be established to set up a base and then
pay each year from growth on the base.
Councilmember Malone noted statistics provided by the Friedman
Brothers controller indicated $14 million goes down the road out of
County. He explained that only one penny on each dollar spent in
the City of Ukiah has to fund planning, police and fire services
which are greatly impacted by these retail growths.
County Administrator Scannell agreed that the issue of sales tax
leakage should be addressed. He suggested discussions could include
referrals to the City and planning efforts to Cities.
The City Manager reported the State has eliminated revenues to
Cities, and revenues have also been lost, so the City is in the
same predicament.
Mayor Schneiter volunteered to meet with the Chairperson of the
Board of Supervisors and Administrators with one other
Councilmember for an ad-hoc committee.
It was the consensus of Council to form an Ad-Hoc Committee for
discussions.
Councilmember Wattenburger volunteered to be on this committee.
365
Reg. Mtg.
February 7, 1996
Page 2
366
MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - February 7, 1996 Page 3
PUBLIC HEARING - 7:00 p.m.
8a. Review and Conceptual Approval of Ukiah Municipal Airport
Master Plan and Associated Negative Declaration of Environmental
Impact (Continued from January 17, 1996)
I. Adoption of Resolution
The Senior Planner reported on the history of the development of
this Airport Master Plan and outlined the recommendations and
deliberations of its review by the Planning Commission and Airport
Commission.
Dave Heal, Hodges and Shutt Airport Master Plan Project Manager,
provided an overview for Council, detailed the function of the
master plan, identified major issues, outlined the plan's time
frame, procedures for future revisions, referred to plan drawings,
reported on the Airport's present and future roles and activities,
with activity forecasts and capacity analysis.
Councilmember Shoemaker arrived and joined the meeting at this time
of 7:10 p.m.
Dave Heal continued his presentation regarding the recommendation
to reduce the width of the Airport runway to a standard 100 foot
width from 150 feet.
Discussion ensued regarding maintenance costs, FAA funding,
airfield improvements, potential development, and a helicopter
landing pad.
Mr. Heal continued his report for airport washing facilities, CDF
Fire Attack base development with three possible sites, and
acquisition of additional land to the south.
Kenneth Brody, Senior Planner for Hodges and Shutt, reported on the
portion of the plan pertaining to compatibility issues, noise,
safety, overflights, land use compatibility, and Mendocino County
land use compatibility plan.
Council queried staff and consultants regarding purchase of air
space, limits of height, overflight height regulation, density in
B2 zone inconsistencies and density figures concerns of Dr. Light.
Discussion ensued regarding a typographical error in table from
ALUC plan, possible amendment to B2 zone density wording, and
recommendation to re-identify these two zones.
Council queried staff and consultants regarding zones; traffic
patterns; inconsistences in land zoning; safety issues relating to
residences, schools and hospitals noting possible recommendations
after ALUC review; limits for flying areas; and how the Airport
Master Plan is used as a planning document.
Public Hearing Opened - 7:47 p.m.
No one came forward.
Public Hearing Closed - 7:48 p.m.
Council queried the consultants regarding aircraft sizing limits;
safety components future recommendations not listed because FAA
does not mandate fire or emergency response plans for required
level of response; FAA requirements; C130 operations discouraged as
this airport's size will barely accommodate one; and other factors
surrounding C130's would not meet standards; and wind cone costs.
M/S Shoemaker/Wattenburger to amend the proposed resolution to
include B3 zone density changes, retain the 150 foot runway and
reject the runway length non-expansion recommendation.
Councilmember Shoemaker stated he would like to leave the
Reg. Mtg.
February 7, 1996
Page 3
MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - February ?, 1996 Page 4
possibility for future extension.
The City Attorney questioned how this motion impacts to the Airport
Master Plan document. He recommended that this master plan can be
amended in the future if expansion is desired at that time.
The consultants indicated they received direction and approval from
the City Council and the Airport Commission 1.5. years ago, to not
pursue expansion of the runway.
Discussion ensued with the City Attorney as to legal process for
amendments.
The motion on the floor was defeated by the following roll call
vote: NOES: Councilmembers Mastin, Malone, and Mayor Schneiter.
AYES: Councilmembers Wattenburger and Shoemaker. Absent: None.
M/S Wattenburger/Malone to approve the Airport Master Plan with the
amendments of; to leave the width of runway at 150 feet; add a B3
zone classification modification which changes the northern
extended approach and departure zone from B2 to B3, and adopted
Resolution No. 96-37 conceptually approving the Ukiah Municipal
Airport Master Plan and Associated Negative Declaration. The motion
passed with the following roll call vote: AYES: Councilmembers
Malone, Wattenburger, and Mayor Schneiter. NOES: Councilmembers
Mastin and Shoemaker. Absent: None.
Recess - 8:16 p.m.
Reconvened - 8:27 p.m.
Bb. Certification of Final Environmental Impact Report and
Adoption of Appropriate Findings for the City Proposed Modification
to its Solid Waste Facilities Permit for the Ukiah Municipal
Landfill Located at the Terminus of Vichy Springs Road
I. Adoption of Resolution Certifying Final EIR
ii. Adoption of Resolution Making CEQA Findings
The City Engineer/Public Works Director distributed a letter from
Department of General Services and a letter received today from
Gilbert Ashoff, owner of Vichy Springs Resort, of which both are to
be entered into the record. He reported the City of Ukiah proposes
to modify its 1979 Solid Waste Facilities Permit for the Municipal
solid waste landfill in order to accommodate an increase in the
permitted average disposal rate from 50 tons to per day, 7 days a
week, to 190 tons per day, 5 days a week with a maximum daily waste
input of 295 tons. He reported on California Environmental Quality
Act requirements and the process of preparing a draft EIR,
supplemental draft EIR, and EIR appendices, with public review and
comment periods, public concerns and final EIR preparation. He
reviewed the identified six significant impacts and recommended
mitigations, five project alternatives of which four can be
implemented immediately, and recommendations.
The City Engineer/Public Works Director reiterated that a no
project alternative would reduce the daily input to 50 tons a day,
seven days per week, and current usage at the City landfill by
County residents is 50%. He noted current volume level is at 106
tons per day which the landfill is accepting 5 days a week.
Public Hearing Opened - 8:42 p.m.
Miles Crail, 1494 Fawnwood Drive, noted he has been active in this
process and has read the draft EIR, the supplement and the current
EIR, and feels it does not address the issues he has raised plus
others concerns. He understands that the dump has generated
substantial revenue to City, but to keep this running full speed is
immoral. He spoke to additional traffic, and his observations of
activity at the landfill since 1978 and different closing dates
projected. He noted increased earth moving appears to cause
increased sedimentation flows and erosion during storms. He feels
the EIR is inadequate and should not be adopted.
367
Reg. Mtg.
February 7, 1996
Page 4
368
MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - February 7, 1996 Page 5
Judy Pruden, 304 South Hortense; expressed concern for the adequacy
of the EIR. She urged Council to not expand the dump capacity to
100 tons per day, because Vichy Springs is a historic site and
urged Council to read letter from State; she urged against
overriding considerations and noted concerned citizens will file
lawsuits. She stated that it appears to her that the letters of
public concerns were not adequately addressed in the EIR, and she
urged Council to address other alternatives, such as sending
garbage out of the County.
Phil Snider, AB 939 task force, noted this task force represents
people from all over the County and spoke to the tasks of this
committee when landfills have closed. He expressed his appreciation
to the City of Ukiah for taking County garbage from these areas. He
noted the Ukiah landfill will be the only landfill open to receive
garbage until an alternative is activated. He indicated he hopes
Ukiah will continue to be concerned for all of the County.
Eric Sunswheat, PO Box 363, Potter Valley, he did not see his
concerns in this document, but is unsure of what he sent in. He
wonders why composting is not included as a mediation. He spoke to
economic advantages of composting, referred to articles on
recycling plastics, material recycling and transfer stations; and
suggested the money spent on mitigations could be used for
composting.
Marjorie Ashoff, 2606 Vichy Springs, stated when she asked David
Evans of the Water Quality Control Board for a layperson's
interpretation of just how contaminated the Ukiah landfill is, he
told her the Ukiah landfill is many times more contaminated than
the Casper landfill is. She feels increasing tonnage in a
contaminated dump is unreasonable.
Public Hearing Closed - 9:13 p.m.
Councilmember Malone questioned leachate at the landfill.
The City Engineer/Public Works Director answered leachate is
affected by variables such as surface area of the refuse cell,
amount of rainfall and the amount of runoff into the refuse cell.
He spoke to the need to keep surface area to a minimum for the
purpose of reducing the amount of leachate production. He explained
the test results. He explained the stipulation agreement requires
us to amend this permit, for receipt of over 50 tons, 7 days a
week.
Council queried staff regarding options, diversion tonnage,
California Integrated Waste Management Board requirements and
definitions.
Mayor Schneiter questioned staff whether the City has ever been
informed or been in communication with Dave Evans as to how
contamination at the Ukiah Landfill compares to contamination at
the Caspar landfill.
The City Engineer/Public Works Director stated no document or
verbal correspondence from Dave Evans has ever been received which
informs us that the City dump is many times more contaminated than
the Casper landfill.
Councilmember Shoemaker questioned the status of repair to Vichy
Springs Road and questioned road standards minus other new
developments.
The City Engineer/Public Works Director referred to a letter from
Budge Campbell to fix Vichy Springs Road with joint in house
resources.
Bob Parker, Mendocino County Deputy director, answered that
accelerated loads will increase loads which is projected to
significantly impact this road in the future. He noted both City
Reg. Mtg.
February 7, 1996
Page 5
MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - February ?, 1996 Page 6
and County could mutually agree to maintain and one time
permanently fix it. He explained that residential use on a road, is
not as substantial.
Councilmember Shoemaker questioned if this sharing of resources has
been approved by the Board of Supervisors.
Bob Parker, Mendocino County Deputy Director stated from .the
audience, for the record, that the County Board of Supervisors has
reviewed the letters exchanged by Budge Campbell and Rick Kennedy,
approved their proposal in concept, and authorized County staff to
enter into discussions pertaining to a cost sharing agreement for
Vichy Springs Road mitigations with the City.
Council queried staff regarding hauling increases related to
transfer stations, CEQA issue is increasing daily tonnage and
future impacts due to this expansion of use of the landfill,
current conditions as the environmental baseline for the proposed
project tonnages from other cities, and Willits truck sizes and
trip numbers.
Environmental Science Associates EIR Consultants, outlined the
criteria used for road and noise projections, and mitigation .
Discussion ensued regarding transfer vehicles hauling 20-22 tons,
thresholds of significance relative to the EIR, findings, and
larger trucks reduce impacts.
The EIR Consultants explained CEQA indicates that baseline for an
EIR is for existing environmental conditions at 98 tons per day,
which was occurring. They explained how analysis and projections
were completed.
Councilmember Shoemaker stated we know that there are some people
that don't like this landfill, but we are not avoiding our
liability as we are addressing state mandates, and we are doing
what is proper for the land, the citizens, the City and the
neighbors. We cannot ignore doing the right thing. We are planning
properly with a projected closure date in October 1999, so any
impacts will be only for a few years. He noted this EIR was a 24
month process, with expertise from engineers and attorneys,and it
prepares the City to move forward and do the right thing. He stated
this landfill has been scrutinized and he is very satisfied.
M/S Shoemaker/Malone to certify the EIR as complete and in
conformance with the requirements set forth in CEQA and adopted
Resolution No. 96-38 Certifying Final EIR for Amendment to Solid
Waste Facilities Permit for Ukiah Landfill as Adequate and
Complete. The motion was carried by the following roll call vote:
AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and
Mayor Schneiter. NOES: None.
M/S Shoemaker/Malone to adopt Resolution No. 96-39, making findings
pursuant to Public Resources Code Section 21081 and California
Environmental Quality Act Guidelines Section 15091 in connection
with the Decision to submit an application to the Local Enforcement
Agency (LEA) and the California Integrated Waste Management Board
to amend the Solid Waste Facilities Permit for the City of Ukiah
Solid Waste Disposal Site. The motion was carried by the following
roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger,
Shoemaker, and Mayor Schneiter. NOES: None.
M/S Shoemaker/Malone to approve the project and direct staff to
implement the project by submitting an application to the LEA for
modification to the Landfill's Solid Waste Facility Permit. The
motion was carried by the following roll call vote: AYES:
Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor
Schneiter. NOES: None.
Councilmember Malone stated he concurs with Councilmember
Shoemaker's statement.
369
Reg. Mtg.
February 7, 1996
Page 6
370
MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - February ?, 1996 Page
Councilmember Wattenburger stated it is his observation that
Ukiah's landfill is the best run and cleanest site in Northern
California.
Sc. Adoption of Resolution Modifying Rental Rates and User Fees at
City of Ukiah Regional Airport
The Airport Manager reported on the recommendation from the Airport
Commission to increase hangar rental rates, aircraft tie down fees,
vehicle parking fees and operation fees at the Ukiah Regional
Airport. He noted these proposed increases reflect an average of 2%
increase per year since the last fee increase in 1990.
The City Manager noted that comparisons to other Airports was
difficult to complete due to the variables of hangar sizes and age,
funding sources, content allowances and private or public
ownership.
Council queried staff regarding how parking fees are imposed and on
what type of vehicle and trailers.
Public Hearing Opened - 9:55 p.m.
No one came forward.
Public Hearing Closed - 9:56 p.m.
M/S Mastin/Watt~nburger to adopt Resolution No. 96-40, modifying
the rental rates and user fees at the City of Ukiah Regional
\ .
Airport. The motion was carried by the following roll call vote:
AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and
Mayor Schneiter. NOES: None.
NEW BUSINESS
10a. Approve Request from Ukiah P.A.L. to Use the Ukiah Regional
Airport for an Air Show June 29 and 30, 1996
M/S Malone/Shoemaker to approve the request allowing Ukiah Police
activities League (PAL) to use the Ukiah Regional Airport for the
1996 Air Show. The motion was carried by the following roll call
vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker,
and Mayor Schneiter. NOES: None.
11. CITY COUNCIL/REPORTS
Councilmember Mastin - Reported the United Way allocation committee
needs a volunteer for this upcoming year, as he has resigned.
Councilmember Malone - Reported on the Chamber of Commerce meeting
and noted a committee has been formed regarding the NCRA railroad
depot property.
Councilmember Wattenburger - Reported he attended the Ukiah Fire
Department volunteer awards dinner; questioned EDFC membership; and
noted he would like to dedicate the next meeting to Tom Neilson.
Councilmember Shoemaker - Reported he knew Jim Hamilton and noted
our loss of a great man; reported that the League of California
Cities Redwood Empire Division is the most powerful due to highest
membership on committees; and reminded Council of the MSWMA public
hearing on Feb 21st here in evening.
Mayor Schneiter - Reported last week he attended strategic planning
in NCPA: reported on his APPC meetings in Washington DC and warned
Council that very serious utility wars that are coming and
requested a workshop in March for Council to discuss these issues;
and noted a letter from City Treasurer is expected.
Reg. Mtg.
February 7, 1996
Page 7
MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - February ?, 1996 Page 8
12. CITY MANAGER/DEPARTMENT HEAD REPORTS
The City Manager reported a new hub is ordered for the IBM AS400
for additional ports so that the Council office will have a
personal computer in the next couple of months.
CLOSED SESSION
13a. As per Government Code Section 54956.8 - Conference with Real
Property Negotiator Regarding 825 North State Street Property, for
Right of Way Acquisition from R. Shoemaker Parcel
Councilmember Shoemaker left the meeting at this time.
Council entered Closed Session at 10:20 p.m.
Council came out of Closed Session at 11:00 p.m. The City Attorney
noted no action was taken.
14. ADJOURNMENT
There being no further business, the mee~ng was adjourned at 11:01
Cath~ Mc~, CMC//~E,
City Clerk
371
Reg. Mtg.
February 7, 1996
Page 8