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HomeMy WebLinkAboutMin 08-03-94114 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - Auqust 3~ 1994 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:30 p.m., in the Council Chambers of the Civic Center, 300 Seminary Avenue. Roll call was taken and the following Councilmembers were present: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Horsley, Public Safety Director Keplinger, Public Utility Director Barnes, Executive Assistant Yoast, Planning Director Sawyer, Senior Planner Stump, Public Works Administrator Goodrick, City Engineer/Public Works Director Kennedy, and Deputy Fire Chief Sandelin. 2. INVOCATION/PLF. DGE OF ALT.F~GIANCV. Mayor Schneiter recited a quote by Abraham Lincoln and Councilmember Wattenburger led the Pledge of Allegiance. SPECIAL ORDER OF BUSINESS 3a. Special Presentation to 1993 Firestoi-m Participant~. The Public Safety Director reported the Firestorm in October 1993 destroyed 1241 structures, consumed 202,619 acres and costs millions of dollars in damage and fire suppression efforts. He commended City of Ukiah Firefighters Mark Clark, Mike Hamilton, Mark Hilliker, Kevin Jennings, Ruben Rojas, Roger Sprehn and Michael Woskow for their participation and presented each with a special pin. APPROVAL/CORRECTION ON MINUTES 4a. Regular Meeting of July 20~ 1994 M/S Malone/Mastin to approve the minutes of the regular meeting of July 20, 1994, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Abstain: None. Absent: None. 5. Right to Appeal Decision Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR M/S Shoemaker/Malone to approve the Consent Calendar as follows; 6a. Denied the claim for damages received from Mary L. Davis and referred it to the City's insurance carrier. 6b. Waived the minor irregularity in the proposal submitted by the low bidder and award the contract, Specification no. 94-02, to Harborth Excavating, P.O. Box 736 Lower Lake, CA 95457 in the amount of $83,634. ' ' 6c. Awarded the Construction Contract relative to the Advanced Waste water Treatment Project to Pacific Mechanical Corporation in the amount of $6,139,800. 6d. Adopted Ordinance No. 953, amending Division 9, Chapter 2, of the Ukiah City Zoning Code - Adding Section 9185 - Area for Recycling Facilities. 6e. Adopted the Study of Homelessness in the Ukiah Area, a product of a Community Development Block Grant, #92-STBG-570, as prepared by Sharon Kiichli of Kiichli and Associates. Reg. Mtg. August 3, 1994 Page 1 115 6f. Authorized the City Manager to enter into a Contract on behalf of the City with Reuser Corporation for the 1994/95 fiscal year for the removal of wood and yardwaste at the Ukiah Disposal Site at $3.12 per cubic yard. The motion on the floor was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Abstain: None. Absent: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. It was the consensus of Council to address New Business Item 10a. Adoption of Resolution authorizino Grant Fundina to Non-Profit Community Based Orqanizations, at t~is time. - NEW BUSINESS 10a. Adoption of Resolution authorizino Grant Fundin~ to Non-Profit Community Based Organizations - - -- -- Councilmember Mastin excused himself from the meeting at this time, as he is the current President of the Ukiah Community Center. The City Manager reported there were nine grant applications received which requested funding for community based, non-profit organization for the fiscal year 1994/95. He noted the total budgeted amount is $36,000. Mayor Schneiter requested short presentations by organizations representatives attending tonight. Jay Trillo, Community Care/Management Corporation, reported their requested funding is for the Linkages program. Lynn Merlo and Carlos Jacinto, Concilio Latino Americano, reported their request for funding would be for a Latino Arts Multimedia Project. Carol Brodsky, Director of Plowshares, reported on their request for funding to offset the Federal governement's discontinuance of commodity food distribution. Michelle Patterson, Project Sanctuary, reported on their request for funding domestic violence services childrens' center. Martin Bradley, Executive Director of Ukiah Community Center, reported on their request for funding the emergency services program with a bilingual part time staff position. Ed Kowalski, new Executive Director of the Ukiah Senior Center, reported their request for funding is needed for the meals on wheels lunch program for seniors. Joyce Elmore, Youth Project representative, reported on their request for funding which will be used for matching monies used for securing further funding sources. Karen Skilkow, Ford Street Project, reported on their request for funding staffing shelter service staff on a 24 hour basis. M/S Malone/Wattenburger to adopt Resolution No. 957, authorizing a total of $36,000 grant funding for community based, non-profit organizations for fiscal year 1994/95 in the amount of $4,000 each to Big Brothers/Sisters of Mendocino County, Community Care Management Corporation, Concilio Latino Americano, Ford Street Project, Plowshares Peace and Justice Center, Project Sanctuary, Ukiah Community Center, Ukiah Senior Center, and the Youth Project. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Abstain: None. Absent: Councilmember Mastin. Reg. Mtg. August 3, 1994 Page 2 116 Councilmember Mastin returned to the meeting at this time. PUBLIC HEARING - 7: 00 P.M. Sa. Consideration of Resolution Adgustina Fees and Charaes at the Ukiah Municipal Solid Waste Sit~ and -Establishment ~f Weight Measurement for Determining Fees and Char~es for Commercial Haul~rs -- The City Engineer presented a report concerning staff analysis and recommendations for adjustment of landfill tipping fees and charges in addition to establishing weight measurement criteria to be used for charging fees to commercial haulers. He explained the distribution of costs and operating expenses for the landfill, how compacted loads differ from self hauled loads, wastestream volumes and origination percentages, landfill volumes, average load weights, debris boxes and provided staff analysis of three rate options. PUBLIC HEARING OPENED - 8:11 p.m. Oscar Graves, no address stated, indicated he is a City resident and commented a fee increase is a raise in a tax. He stated he prefers budget cuts and other revenue sources. He noted government will continue to spend the money it receives and its citizens have lost any hope to stop the increases. He commented he would like City residents to receive a lower rate than the County. He noted he would like to see City efforts at saving money rather than spending money. Patrick Schaeffer, owner of Great American Waste of Anderson Valley, stated he would like to see a rate differentiation for winter time as the garbage weighs more when it has been rained on and Anderson Valley has a higher rainfall than Ukiah. He indicated when these estimates were taken, it was raining. Jim Salyer, Ukiah Solid Waste Systems, addressed questions from Council regarding hours of operation and pickup and drop off procedures. He also expressed concern regarding rainfall causing heavier loads, in addition to the figures used for rain seasonal weights which he feels are high. He stated that Ukiah Solid Waste will pass through these cost increases and feels they will loose business from the debris boxes as it is classified as loose. He explained that contractors would probably haul their debris themselves. No others came forward. PUBLIC HEARING CLOSED - 8:22 P.M. Council queried staff concerning the proposed weight procedures, the three rate options proposed for self haul loads, past rate differences between County and City origination. Councilmember Shoemaker expressed concern regarding rate increases impacting the total volumes into our landfill , and the need for continued volumes for continued revenues. Mayor Schneiter commented that it appears to be in the City's best interest to continue to work towards closing the landfill and hopes that the Mendocino Solid Waste Management Authority will come up with beneficial alternatives. Councilmember Wattenburger expressed his concern for constant increasing yearly State regulation concerning landfill operations and indicated the City cannot continue to afford compliance. The City Manager explained there are tremendous penalty fees and fines for non-compliance. Councilmember Malone expressed his concern for continued garbage fee increases and expressed hope that shipping by rail would be cheaper. Reg. Mtg. August 3, 1994 Page 3 117 M/S Wattenburger/Mastin to approve the cleaned up version of the proposed Resolution with Option 3 with the adjustment of hours for operation of the landfill, including the miscellaneous adjustments. Councilmember Shoemaker stated he would like previous wording, from the previous Section K, in the prior Resolution regarding the option allowing haulers to provided a certified weight tag. Councilmembers Wattenburger and Mastin, maker of the motion and the second to the motion, agreed to add the requested wording in the proposed Resolution, therefore approving the amendment to the motion. Councilmember Shoemaker expressed concern regarding the %120 increase in debris box charges and indicated he would like to see the rate modified to the $11.65 rate or create a differential rate for City self haul residents. Mayor Schneiter requested the rates for debris boxes should be addressed at a future meeting concerning all garbage rates. He also expressed concern regarding a 120% increase in debris box charges. Discussion ensued regarding the effects of altering this rate. Councilmember Wattenburger called for the question. The motion on the floor passed by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Mayor Schneiter. NOES: Councilmember Shoemaker. Abstain: None. Absent: None. Recess - 9:01 p.m. Reconvened - 9:10 p.m. UNFINISHED BUSINESS 9a. Consideration of Alcohol Consumption in City Parks -- -- The Assistant City Manager reported on additional information obtained since the May 18, 1994 Council meeting, where City staff was directed to review and investigate Council concerns and refer back to Council for further discussion. She provided a survey of how neighboring cities regulate alcohol in their parks, a report on recent Police activity statistics for the park and current laws that are relevant to law enforcement for alcohol, discussion of various options on how to regulate the use of alcohol at the park for Council consideration and input received from community members. She distributed additional an updated staff report to Council just prior to this meeting, with various options for Council consideration. The Public Safety Director reported on the calls for Police service to the City parks pertaining to alcohol related problems and encouraged City regulation which would be beneficial for law enforcement procedures when required at City parks. Council queried staff regarding the statistics of Police calls for service and legal and social problems relating to alcohol use. Valerie Law, representing Division of Public Health, Community Works, stated alcohol is a drug, just like tobacco and drugs, which affect quality of life. She reported that government must intercede in instances where the environment is impacted. She encouraged Council to preserve the health and safety of the whole community by implementing necessary legislation, as has been done by hundreds of other communities. She explained she attended the community meeting on June 10, 1994, pertaining to this issue. Anna Hanza, Coalition for Hispanic Needs, stated she understands this dilemma. She indicated that although she does not desire more regulation, she feels a complete alcohol ban would not be restrictive to Hispanics, as adults can still drink elsewhere. She indicated the risk is too great to mix alcohol with children Reg. Mtg. August 3, 1994 Page 4 118 playing in a park. She requested consideration of proper notification to the Hispanic groups if the City passes a restrictive Ordinance. Councilmember Malone noted that calls for police service may not diminish with increased legislation, as alcohol related problems will just occur in other locations than the City parks. He commented that alcohol is a social problem which will not be fixed with additional legislation. Councilmember Shoemaker stated at first he was concerned about restricting a family picnic at the park in which a little beer or wine is responsible. He indicated he has been contacted extensively regarding this matter. He indicated he has not been able to resolve this matter as he knows there exists responsible and irresponsible alcohol use. Councilmember Wattenburger stated the City if behind the normal operations of other surrounding cities, where they have already imposed a complete restriction of alcohol in the parks. He indicated he is not interested in strict prohibition, but would be interested in some form of control over personal behavior, and would like to resolve this matter tonight. Councilmember Mastin noted an expansion of the existing City legislation to encompass all parks could be adopted at next meeting. Discussion ensued regarding the options of a permitting process, the current laws and procedures, size of groups using parks and the possible use of surveying the community. Mayor Schneiter stated that half way measures are hard to enforce and he prefers either a total ban or leave things the way they are. He reported he walks through the park many times and has not seen a problem. The Assistant City Manager reported the use of the City parks has doubled in the last 14 years, which is evident with the trash volumes and increased maintenance by park crews. This increase of use has magnified the problems associated with irresponsible alcohol use. Councilmember Malone commented the increased use has naturally created more calls for Police service, but it does not indicated this means the parks are less safe. He noted that it is probably best to completely restrict alcohol in the parks, but alcohol is still legal for responsible use and he remains unconvinced there is a majority of citizens either for or against this issue. Anna Hanza, Coalition for Hispanic Needs, stated surveys they have already taken of park users and residents have indicated there is a desire to ban alcohol or implement a permit process in the City parks. She indicated she has heard their desires for restriction of alcohol. Councilmember Shoemaker suggested the formation of an Ad Hoc committee of two Councilmembers to meet with staff and construct something to bring back to Council, either legislation or make a recommendation to the whole Council. Councilmember Mastin and Wattenburger agreed to form and Ad Hoc committee. It was the consensus of Council to form this Ad-Hoc committee with Councilmembers Wattenburger and Mastin and return with a recommendation to Council. 9b. Adoption of Resolution Appointing Public Member to the Golf Course Committee Mayor Schneiter nominated Don Rones from the applications received Reg. Mtg. August 3, 1994 Page 5 119 from Larry Steppe, Charles Durfee and Donald Rones. The nomination of Don Rones was seconded by Councilmember Wattenburger. M/S Schneiter/Wattenburger to adopt Resolution No. 95-7, appointing Don Rones as the Public member of the Golf Course Committee for a term which will expire June, 1996. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Abstain: None. Absent: None. NEW BUSINESS (Cont.~ 10b. Appointment of League of California voting Deleqate and -- -- Alternate for October 23-25. 1994 Annual Conference M/S Schneiter/Mastin to nominate Vice-Mayor Shoemaker as the voting delegate at the Annual League of California cities in October, with Councilmember Malone as the alternate. The motion was carried by an all AYE vote of the full Council. 10c. Authorize Demolition Permit for 529 South State Street. Harold The Planning Director reported on July 25, 1994 the Demolition Permit Review Committee decided by a 5-1 vote to approve the application to demolish a vacant 1200 sq. ft. single family structure at 529 South State Street. He noted this will provide more parking space in this commercial district and it has minor historical significance with salvage value and little possibility of moving. Mayor Schneiter questioned why this matter needed to go before the committee and the need to speed up this process. Councilmember Shoemaker indicated the salvage value of the materials is appropriate. M/S Wattenburger/Malone to approve the demolition permit to demolish the residential type structure located at 529 South State Street. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: None. Abstain: None. Recess - 10:27 p.m. Reconvened - 10:33 p.m. 10d. Review the Lovers Lane Specific Draft Environmental Impact -- The Planning Director reported the Mendocino County Planning and Building Services Department has transmitted a copy of the Lovers Lane Specific Plan Draft Environmental Impact Report (DEIR) to the City for review and comments. He reported City staff has reviewed the document and formulated their concerns and comments regarding the adequacy of the DEIR and the merits of the project. He explained County public hearings will be held on August 18 and 22, 1994. He noted City staff analysis is comprised of comments specifically related to the adequacy of the DEIR and comments regarding the merits of the project, in addition to the City Engineers quantitative analysis of the traffic/circulation component which will be verbally reported to Council. City staff presented the report to Council concerning City staff general comments and analysis of the Lovers Lane Specific Plan Draft Environmental Impact Report pertaining to the Mayacama fault and adverse impacts, health hazards of electromagnetic fields surrounding transmission lines in the area, future City public service capacity in the future, potential impacts to the City of Ukiah services and citizens, wildlife and vegetation, air quality, traffic and circulation, solid waste cumulative impacts, police Reg. Mtg. August 3, 1994 Page 6 120 protection, other emergency services, schools, recreation, project alternatives. Mayor Schneiter stated he has a concern with traffic impacts to La Casas, Empire Drive, Despina, and left turn at Orr Springs road. He indicated it is apparent there is a great need for a northern traffic flow to Orr Springs Road to State Street instead of routing all traffic trough City residential streets to KUKI Lane and Empire and Bush Streets. Adam Freeman, 3 Spanish Mountain, CFAR representative, stated they are concerned with the cumulative impacts to air quality and indicated this is not adequately addressed in this DEIR. He commented alternatives to design should be implemented to adequately address these impacts to the valley's air quality. Myrna Oglesby, Lovers Lane Project Attorney, reported the maximum number of houses proposed is 1360 with high maximum density, but 900 homes is more likely to be the result over a 10 year period of time. It was the consensus of Council for City staff to send written and provide a verbal report to Mendocino County, regarding the City's response to the DEIR for the Lovers Lane Specific Plan. CITY COUNCIL REPORTS Coun¢ilmember Mastin Reported on the Mendocino Economic Development Committee meeting he attended on July 26. Councilmember Malone Reported the Greater Ukiah Valley Chamber of Commerce has moved into their new office in the Ukiah Valley Conference Center. Councilmember Wattenburaer -- Noted he was on a fire and missed the Mendocino Council of Governments meeting. Councilmember Shoemaker Reported on the Redwood Empire Division meeting in Ft. Bragg he attended last Saturday. Mayor Schneiter -- Reported on the correspondence received from Cindee Mayfield offering her resignation from the Planning Commission. He requested the City Clerk to advertise the vacancy. He reported to Council on the NCPA meetings he attended and noted there will be a Healthy Cities award to Ukiah in the upcoming future. CITY MANAGER/DEPARTMENT HEAD REPORTS None. CLOSED SESSION None. ADJOURNMENT There being no further business the meet.~g~was adjourned at 11:38 Cathy-M~Ka~ ~R2~AAE, City Clerk / Reg. Mtg. August 3, 1994 Page 7