HomeMy WebLinkAboutMin 10-04-95MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - October 4, 1995
The City Council convened in a regular meeting, of which the agenda
was legally noticed and posted, at 6:32 p.m. Roll was taken and
the following Councilmembers were present: Mastin, Malone,
Shoemaker, and Mayor Schneiter. Absent: Councilmember Wattenburger.
Staff present: City Clerk McKay, City Manager Horsley, City
Attorney Rapport, Public Utility Director Barnes, Senior Planner
Stump, Assistant Redevelopment Director DeKnoblough, Assistant to
the City Manager Harris, City Engineer/Public Works Director
Kennedy, Finance Director Elton, and Public Works Administrator
Goodrick.
2. Invocation/Pledge of Allegiance
The Assistant to the City Manager delivered the Invocation and
Mayor Schneiter led the Pledge of Allegiance.
3a. Approval/Correction of Minutes of the Regular Meeting of
September 20, 1995
M/S Malone/Mastin to approve the minutes of the regular meeting of
September 20, 1995, as submitted. The motion was carried by the
following roll call vote: AYES: Councilmembers Mastin, Malone,
Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember
Wattenburger.
4. RIGHT TO APPEAL DECISION
Mayor Schneiter reviewed Government Code Section 1094.6 of the
California Code of Civil Procedure.
CONSENT CALENDAR
Mayor Schneiter questioned staff regarding Item 5c,
Councilmember Shoemaker questioned staff regarding Item 5b.
and
M/S Malone/Mastin to approve the Consent Calendar as follows:
5a. Adopted Resolution No. 96-17, authorizing subordination
agreement and signatories for Jesus and Guadalupe Suarez, 254
Carlton Drive.
5b. Adopted Resolution No. 96-18 authorizing the Mayor to execute
a notice of cancellation confirming that the requirement for the
payment of the Traffic Signal Participation Fee for all lots in
the Redwood Business Park Subdivision, excluding Lot B2, has been
canceled.
5c. Denied claim for subrogation interest received from California
State Automobile Association pertaining to loss of Peggy Farmer,
and referred to City Insurance Carrier.
5d. Adopted Resolution No. 96-19, approving subordination
agreement and authorizing signatories for Denise Burrell Gorny, 278
Empire Drive.
5e. Authorized the Mendocino Solid Waste Management Authority to
act on City's behalf as grant applicant and administrator for the
fourth cycle of the Used Oil Block Grant offered by the California
Integrated Waste Management Board.
The motion was carried by the following roll call vote: AYES:
Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. Absent:
Councilmember Wattenburger.
6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward.
Mayor Schneiter recommended taking New Business Item 9a out of
order on the agenda, in order to accommodate the time constraints
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of Ms. Thomas, who has traveled from Ft. Bragg.
NEW BUSINESS
9a. Authorize City Manager to Execute Agreement with Thomas
Consulting to Prepare State Mandated Cost Reimbursement Claims
The Finance Director reported for the past three years, Ms. Thomas
has provided contract services for cost reimbursement from the
State of California, as identified by the State Controller's
office. He reported a total to date of $45,494 has been collected,
which amounts to 85% of the total amount applied for. He noted that
$4,104 is currently under review by the State, with the remainder
disallowed.
Council queried staff regarding possible in-house services, time
frames, and other cities who apply for these cost reimbursements.
M/S Malone/Mastin to authorize the City Manager to sign the
contract with Thomas Consulting for "Mandated Cost Claiming
Services" at a rate of 20% of the reimbursements paid to the City
by the State. The motion was carried by the following roll call
vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor
Schneiter. NOES: None. Absent: Councilmember Wattenburger.
UNFINISHED BUSINESS
Sa. Discussion Concerning City Sponsored Ballot Measure Wording and
Strategy for Council Appointed City Treasurer and City Clerk
Positions for March 26, 1996 Special Election 8al. Adoption of
Resolution Requesting Mendocino County to Allow Consolidation with
California Direct Primary Election of March 26, 1996
Council discussed the wording of the November 1991 ballot measure
argument in favor of appointed positions and the impartial
analysis, and noted it should be determined whether the current
City Treasurer will endorse.
Councilmember Malone commented he would like to see some wording as
to hours and responsibilities in appointed positions.
The City Attorney explained he has previously researched this
matter and determined that Council could set time and working
conditions for elected positions.
Councilmember Shoemaker noted although Council could do this, they
should inform the general population to understand what the
position entails as to time and responsibilities.
The City Attorney noted the ballot argument in favor could be
written and submitted to Council at the next meeting.
Discussion ensued regarding the hiring and supervision process for
the City Clerk position, duties, responsibilities, supervision and
working hours.
Councilmember Shoemaker stated he feels the City Clerk position
should be an absolutely independent position that reports only to
the City Council, and who is hired by the Council. He indicated he
would not like to see the City Clerk position under the control of
the City Manager.
The City Attorney explained that Council could implement any
process desired.
The City Manager explained an analysis is needed for the City Clerk
job duties and responsibilities to determine full-time or part-time
hours and possible additional duties.
Mayor Schneiter noted Council's desired ballot measure wording in
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favor of appointed positions, should be forwarded to him for
compilation at the next Council meeting.
M/S Shoemaker/Malone to adopt Resolution No. 96-20 calling Special
Election, consolidating the Special Municipal election with
Presidential Primary Election, approving agreement to provide
election services, presenting ballot measures to make City Clerk
and City Treasurer positions appointive rather than elective,
transmitting measures to City Attorney for impartial analysis, and
authorizing arguments and rebuttal arguments in favor of measures.
The motion was carried by the following roll call vote: AYES:
Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. Absent:
Councilmember Wattenburger.
Bb. Consideration of Proposed Lease Agreement With Mendocino Solid
Waste Management Authority for Household Hazardous Waste Storage
and Transfer Facility Site Adjacent to the City,s Sewer Treatment
Plant
The City Engineer/Public Works Director reported at the regular
meeting of August 16, 1995, Council directed staff to prepare a
draft lease agreement for further consideration. He noted this was
in response to the Mendocino Solid Waste Management Authority's
(MSWMA) request to lease City owned property located west of the
Sewer Treatment Plant and north of the County Animal Shelter to
site and operate a household hazardous waste storage and transfer
facility, for a $1.00 per year, five-year lease.
Council queried staff regarding storage procedures, non-public
access, and availability to City residents.
M/S Shoemaker/Malone to delete the wording on Page 2, paragrapgh
4.2 "which shall be made available to City residents without
charge." and authorized the City Attorney to make minor changes to
the attached Lease agreement for the Household Hazardous Waste
Storage and Transfer Facility, to accomodate reasonable changes as
requested by MSWMA, and authorized the Mayor to execute said
agreement. The motion was carried by the following roll call vote:
AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter.
NOES: None. Absent: Councilmember Wattenburger.
PUBLIC HEARING - 7:00 p.m.
7a. Consideration of Proposed Amendments to the Airport
Industrial Park Planned Development Ordinance, as Filed by Gary
Akerstrom/Redwood Business Park of Ukiah
The Senior Planner reported Mr. Akerstrom is proposing to amend the
Airport Industrial Park Planned Development Ordinance and
associated Land Use Map. He explained detailed descriptions of the
proposed language changes are provided to Council, which include
wording proposed by City staff in addition to Mr. Akerstrom's
proposed changes. He further reported the Planning Commission
conducted a public hearing on September 13, 1995, and voted
unanimously to approve the staff version with some modifications of
the proposed amended Ordinance, and explained the Planning
Commission recommendations.
Council queried staff regarding day care use, site development
permit versus use permit, land use issues, and allowed uses and
permitted uses.
Public Hearing Opened - 7:21 p.m.
Gary Akerstrom, 425 Talmage Road, representing the applicant,
reviewed history of this Planned Development Ordinance since 1989.
He noted he wants to go back to what they had before, which is
what the Environmental Impact Report is based on, and the applicant
does not approve of changing the Ordinance as recommended by staff.
He explained he has previously provided Councilmembers and the City
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Manager with a letter that outlines each of his concerns with City
staff's proposed amendment.
Mayor Schneiter questioned if Mr. Akerstrom wanted more allowed
uses and less permitted uses?
Mr. Akerstrom answered yes, as this is a Planned Development which
is known how to develop. He requested Council adopt his version of
the Ordinance, which is the same as in 1989 and 1990.
Judy Pruden, 304 South Hortense, explained the Planning Commission
recommendation includes permitting residential uses to allow
creative low-density housing which is compatible to commercial.
Public Hearing Closed - 7:35 p.m.
Council queried staff regarding the designation of Industrial and
Retail Commercial along the freeway, land use changes, and mini-
storage allowed use as noted in the section concerning warehouse
and distribution.
Council began the page by page review of the proposed Ordinance
submitted by City staff in comparison to Mr. Akerstrom's.
It was the consensus of Council to add mini storage under warehouse
and distribution, as an allowed use.
Discussion ensued regarding definition of warehouse in respect to
businesses similar to Costco.
Councilmember Shoemaker and Mayor Schneiter agreed to leave the
wording as is.
Councilmembers Malone, Shoemaker, and Mayor Schneiter agreed to
leave in medical and dental offices in the professional office
designation.
It was the general consensus to delete residential as a permitted
use.
It was the consensus of Council to delete the wording on Page 7 and
8 of "by the Planning Commission" and replace "municipal" with "City"
and delete "shall be the criteria for determination."; Page 8,
delete "except for existing occupied houses, no residential use
shall be permitted;" and on Page 9, in Item 3., strike the last
sentence and add "side yard set-back to be determined by
development permit."
Discussion ensued regarding screening fence height of six feet as
Mr. Akerstrom wants eight feet, and it was the consensus of
Council to strike wording as it is allowed by code.
It was the consensus of Council that sidewalks should be on both
sides of roadways.
Mr. Akerstrom protested as they are very expensive.
The Senior Planner explained sidewalks would only be for future
development and would not be retroactive for the developed portion
of the park.
Mr. Akerstrom stated a five foot bike lane costs $70 per lineal
foot, and he thought this issue had been previously resolved.
The Senior Planner reported there exists a Class 3 designated bike
route from Walmart through the northern portion of the park to
Hastings Road.
It was general consensus of Council to add Class 3 to Page 10, Item
No. 8.
Reg. Mtg.
October 4, 1995
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It was the consensus of Council to strike wording on Page 20 "the
maximum fence height shall be six feet from finished grade."
Council continued the page-by-page review of the proposed Ordinance
and directed deletion of all wording in 14b to 14d on Page 13, and
to retain the first sentence in 14a.
Councilmember Shoemaker stated that landscaping standards should be
developed for this area with Council discussion.
It was the consensus of Council to strike the word "native" from
paragraph j on Page 14.
Councilmember Shoemaker indicated he feels it is appropriate that
trees are scaled to the size of the project.
Council continued the review of Pages 15 through 17, with minor
wording changes.
Councilmember Shoemaker asked for reconsideration of his previously
requested addition of mini storage to warehouse allowed uses on
Page 5. He requested the wording be changed back to the original
proposed wording on Page 3, and add as Item I. on Page 5. He noted
the Map stays the same, these changes met with a consensus of
Council.
The City Attorney asked Council for direction pertaining to
wholesale or warehousing activities.
It was the consensus of Council, if a Costco or other "membership"
type retail facility wanted to come to an industrial area, then an
amendment to this Ordinance would be required.
M/S Malone/Shoemaker to read the title only for the first reading
of the proposed Ordinance. The motion was carried by a unanimous
voice vote of all AYE.
The City Clerk read the title of the proposed Ordinance.
M/S Malone/Shoemaker to introduce the Ordinance amending the
Airport Industrial Park Planned Development. The motion was carried
by the following roll call vote: AYES: Councilmembers Malone,
Shoemaker, and Mayor Schneiter. NOES: Councilmember Mastin. Absent:
Councilmember Wattenburger. Abstain: None.
Councilmember Mastin stated he voted against this Ordinance because
he feels this area should be a coordinated development, which it
is not, and expects there will be future problems.
Recess - 9:10 p.m.
Reconvened - 9:17 p.m.
9b. Consideration of Audit Report from Solid Wastes Systems and Set
Date for Public Hearing Regarding Adjustment of Rates for Garbage
and Recycling Collection Services
The City Engineer/Public Works Director reported the franchise
agreement with Solid Wastes Systems allows for an adjustment to
garbage and recycling rates using an automatic annual rate
adjustment based on 75% of the change of Consumer Price Index of
United States Cities average March to March. He reviewed the Solid
Wastes Systems audit report received August 4, 1995, for audit
years of 1993 and 1994 He reviewed the rate adjustment request,
and provided staff analysis regarding rate adjustment increase to
offset handling costs for yardwaste, and presented four various
options.
The Finance Director reported on the analysis of the financial
information received in the audit.
John Warren, Solid Wastes Systems Certified Public Accountant,
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explained the financial information he developed for Solid Wastes
Systems, and addressed the fluctuations in costs.
Discussion ensued regarding curbside recycling costs; the curbside
recycle truck; landfill tipping fee increase effects; shortages
from prior year's tipping fees; new equipment; CPI adjustment, and
a 1.65% shortage. He explained there was a $20,000 shortage from
increased tipping fee costs which resulted in not having enough
revenues to operate the new recycling truck.
Bruce McCracken explained the problems from last year's winter
rains and stated the operations are not operating in the black. He
explained the need for their request of a 6.28% increase.
Councilmember Shoemaker questioned the accounting transactions of
the Reward Company regarding the rent.
Mr. Warren explained that Phil Ward, who is Reward Co., owns the
property which is leased to Ukiah Solid Waste and the Gobbi
property. Mr. Ratto bought this property which is now being rented.
He indicated the rent/lease expense is normal, usual and customary
for commercial property.
Mike Sweeney explained Ft. Bragg's franchise fee is 6%, and Willits
is 8%. He encouraged Council to review past increments of increase
for specific programs and equipment and the return on the
investment for them. He noted that past subsidies imposed for
recycling may no longer be valid. He urged deep review of the
revenues received from recyclables going to other subsidiary
companies, before a rate increase is approved.
Mr. Warren explained this is an official audit where recycling
revenues were affected by freight costs.
The City Manager explained CPI adjustments eliminate the need to
base fees on gross receipts.
The Finance Director noted staff is requesting Council direction as
to what type of information and analysis is desired for the next
meeting and the future Public Hearing.
Shoemaker requested a flow chart for recyclables and costs and
revenues.
McCracken stated that recyclables are very volatile and the rates
are very competitive due to keeping costs down.
Mayor Schneiter stated he wants to see a 15% franchise fee
analysis, CPI and automatic pass through of tipping fees, and
appropriate costs.
Staff requested direction concerning the yardwaste issue.
Councilmember Shoemaker refrained from this portion of the
conversation.
Councilmember Malone noted we could look at processing the
yardwaste ourselves, with mitigations to process inside of a
building.
Mayor Schneiter indicated a possible compromise to allow for a
slight tipping fee to self haulers and also slightly charge for
green waste.
Councilmembers Malone and Mastin stated they prefer a small across
the board increase analysis.
9c. Authorize City Manager to Negotiate Contract With EIR
Consultant to Prepare Final EIR Document for City of Ukiah,s Solid
Waste Landfill Facility
Reg. Mtg.
October 4, 1995
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - October 4, 1995
The City Engineer/Public Works Director reported the company of
Eric Jay Toll was hired by the City to prepare a draft and final
EIR for the City's proposed change to the Solid Waste Facilities
Permit for its Municipal Solid Waste Landfill. He explained this
permit is needed to allow and increase in the average daily tonnage
for disposal from the described average of 50 tons per day to an
average of 190 tons per day, to a maximum of 295 tons per day. He
reported the Company of Eric Jay Toll has failed to complete the
requirements of the contract. He reported although the draft EIR
and supplement have been prepared and reviewed by the public, there
remains final tasks to complete. He explained the proposals
received and staff's recommendation.
M/S Shoemaker/Malone to authorize the City Manager to negotiate and
execute a consultant service contract with Environmental Science
Associates for the preparation of a Final EIR document for the City
of Ukiah's Solid Waste Landfill Facility, with compensation to be
on a time and expense basis, not-to-exceed $30,000; and authorized
the transfer of $30,000 to Solid Waste Disposal Site Account No.
660-7301-250 from Fund #661, Solid Waste Disposal Reserve. The
motion was carried by the following roll call vote: AYES: Mastin,
Malone, Shoemaker, and Mayor Schneiter. NOES: None. Absent:
Councilmember Wattenburger.
9d. Review of League of California Proposed Resolutions
It was the consensus of Council to continue this matter of business
to the next Council meeting.
9e. Consider Historical Significance of Single Family Residence
Located at 1180 Commerce Drive and Authorize Issuance of Demolition
Permit
The Senior Planner reported the Demolition Permit Review (DPR)
Committee voted unanimously, on September 14, 1995, to recommend
approval of a demolition permit to demolish the single family
residence located at 1180 Commerce Drive. He reported the structure
is believed to have been constructed in 1880, and was remodeled in
1953. He further noted a second story addition is believed to have
been added in 1962 and moved to its present site in 1967, when it
was thought to have been 70% remodeled. He explained that based on
the fact the structure has been extensively remodeled, is not
listed in the City's Architectural and Historical Inventory
Report, and does not have any outstanding features of significance,
the Committee deemed the structure as having insignificant
historical or architectural value.
Judy Pruden, Chairman of Demolition Permit Review Committee, noted
the DPR Committee voted to forward this matter to Council, as the
Committee did not have the evaluation at the time of their meeting,
which is now provided to Council. She reviewed the history of this
permit and indicated this building should have been included in the
EIR for the Airport Industrial/Redwood Business Park. She indicated
there is a party which is willing to move this structure but is
concerned with timing.
The Senior Planner explained the EIR process, and noted there is
interest by all parties to move the structure as soon as possible.
Mayor Schneiter noted if this demolition permit is withdrawn then
a building permit can be taken out to move the structure.
M/S Schneiter/Malone to determine the structure has no historical,
architectural or cultural significance.
Ms. Pruden suggested alternate wording that the historical,
architectural, or cultural significance is insufficient to
prohibit its removal or demolition from this site, in order to
preserve an owner's code protections.
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The City Attorney suggested a motion for Council to approve.
M/S Schneiter/Malone to amend the previous motion on the floor to
declare that this structure has insufficient historical,
architectural, or cultural significance to prohibit the demolition
permit from being issued. The motion was carried by a unanimous
voice vote of all AYE.
9f. Authorize Retention of Special Legal Counsel for Clean Water
Act Claim and Approve Budget Amendment of $20,000
The City Attorney advised this matter of business be addressed
after discussion in Closed Session.
10.
CITY COUNCIL/REPORTS
Councilmember Shoemaker reported on the Mendocino Solid Waste
Management Authority meeting he attended.
Mayor Schneiter reported on the Annual NCPA meeting he attended
where he stepped down from his position as Chairman of the Board.
11.
CITY MANAGER/DEPARTMENT HEAD REPORTS
None.
CLOSED SESSION
The City Attorney announced the need to go into Closed Session
regarding the following items of business; 12a. As per Government
Code Section 54956.9 (b) - Conference with Legal Counsel Regarding
Significant Exposure to Litigation - 2 cases; and 12b. As per
Government Code Section 54956.9 (c) - Conference with Legal Counsel
Regarding Initiation of Litigation
Council entered Closed Session at 10:55 p.m.
Council came out of Closed Session at 11:45 p.m.
12a. As per Government Code Section 54956.9 (b) - Conference with
Legal Counsel Regarding Significant Exposure to Litigation - 2
cases
1. M/S Shoemaker/Schneiter to authorize the City Manager to sign
settlement agreement with Jeff Schueller. The motion was carried by
a unanimous voice vote of all AYE.
2. M/S Shoemaker/Schneiter to deny the request of Eric Jay Toll for
added compensation for General Plan work and authorized a suit for
damages for failure to perform under contract for Landfill EIR. The
motion was carried by a unanimous voice vote of all AYE.
12b. As per Government Code Section 54956.9 (c) - Conference with
Legal Counsel Regarding Initiation of Litigation
9f. Authorize Retention of Special Legal Counsel for Clean Water
Act Claim and Approve Budget Amendment of $20,000
M/S Shoemaker/Malone to retain special legal counsel and authorized
a budget adjustment. The motion was carried by an unanimous voice
vote of all AYE.
ADJOURNMENT
There being no further business, the meeting was adjourned at 11:47
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Reg. Mtg.
October 4, 1995
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