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HomeMy WebLinkAboutMin 09-01-9347O MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 1, 1993 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:32 p.m., in the Council Chamber of the Civic Center, 300 Seminary Avenue. Roll was taken and the following Councilmembers were present: Mastin, Wattenburger, Shoemaker and Mayor Schneiter. Absent: Councilmember Malone. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Public Utility Director Barnes, Public Works Director/City Engineer Kennedy, City Engineer Beard, Community Development Director Harris, Public Works Administrator Goodrick, Finance Director Burt, Assistant City Manager Horsley, Redevelopment/Economic Coordinator DeKnoblough, and Director of Public Safety Keplinger. INVOCATION/PLEDGE OF ALLEGIANCE Councilmember Wattenburger delivered the Invocation and the City Clerk led the Pledge of Allegiance. 4a. Special Order of Business - Commendation to Ted Goforth Mayor Schneiter read and presented a commendation to Ted Goforth, which commemorated his 37 years of dedicated service to the City of Ukiah, and acknowledged his many accomplishments and projects. Mr. Goforth expressed his appreciation of the fine working relationship he has enjoyed with Council, and noted he will miss serving the public. 5. Approval/Correction of Minutes of Reqular Meetinq. Auqust 18, 1993 Mayor Schneiter noted a spelling correction on Page 1, correcting the word "Stafford" to "Safford." M/S Shoemaker/Mastin to approve the minutes of the regular meeting of August 18, 1993, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. 6. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR Councilmember Shoemaker requested updated reports to Council regarding results of claims. The City Manager noted staff is already developing a status report, as previously requested by the Mayor. M/S Shoemaker/Mastin to approve the Consent Calendar as follows; 7a. Denied the claims for damages received from Howard Carter and Bobby Kennedy Construction, and referred them to the City's insurance carrier, R.E.M.I.F. 7b. Awarded the contract to Lanier Worldwide, Inc., for material and installation of two communications recorders and two digital dispatch recorders for a lump sum amount of $19,607.35 and awarde the portion of the bid for recording tapes to AM communications, Inc, in the amount of $2,325.00. 7c. Adopted Resolution No. 94-8, amending Resolution No. 93-68, Establishing Golf Course Committee, and appointing 471 Betty Bassler as Women's Golf Club representative for a term which will expire June 30, 1995. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. 8. Audience Comments on Non-Aqenda Items Oscar Gross, 374 Wabash Avenue, distributed a copy of an article in the Wall Street Journal regarding Cable TV de-regulation by the Federal government. He encouraged the City of Ukiah to negotiate for stricter regulation of the local Cable TV franchise in order to provide better and less expensive service to the citizens. UNFINISHED BUSINESS 10a. Adoption of Resolution Authorizinq City Manaqer to Execute Documents for the Lease/Purchase of Ambulance The Finance Director reported the proposed lease is with Municipal Leasing Associates, Inc., in conjunction with the local branch of West America Bank, for a term of five years at 5.5%. She indicated a resolution is needed to approve the lease, authorize the City Manager to execute and provide notice of intent to be reimbursed. She noted the notice of intent to reimburse is required by the IRS for non profit agencies. M/S Wattenburger/Mastin to adopt Resolution No. 94-9, authorizing ambulance lease agreement, signatories and notice of intent to be reimbursed. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. NEW BUSINESS lla. Consideration and Approval of Application for Fundinq for Greater Ukiah Chamber of Commerce The City Manager reported last year's contribution to the Chamber equalled $18,750, which was lower than previous years due to budgetary constraints. He explained City concerns regarding direction and organizational resources at that time when specific funding restrictions were issued. He recommended the budget appropriation of $22,000, noting great progress by the Chamber this past year. The following Boardmembers from the Greater Ukiah Chamber of Commerce were introduced: Roy Smith, John Bogner, Dennis Wilson, Lynn Wood, Monty Hill, Donovan Albright, Jim Collector, Elizabeth Christian, Bob Greenly, Kathy Cook, Sandy Fox, and Candace Horsley. Roy Smith, President of the Board, reported on the organizational changes made this past year. Donovan Albright, Chief Financial Officer, reported on recent fiscal improvements of the Chamber organization. Lynn Wood, reported on goals and projects proposed by the Chamber Board of Directors. Elizabeth Christian, reported on upcoming Chamber events in conjunction with community coordinating efforts. Mayor Schneiter explained City funding is a good example of public/private partnerships for our community. He explained although the proposed funding level is less than requested, it is an increase from last years' City contribution. Reg. Mtg. September 1 1993 Page 2 472 M/S Mastin/Wattenburger to approve funding $22,000 for the Greater Ukiah Chamber of Commerce Fiscal Year 1993-94. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. PUBLIC HEARINGS 9a. (Continued from Auqust 18, 1993) Consider and Approve Neqative Declaration and Amended Project Report for the City of Ukiah/Ukiah Valley Sanitation District Wastewater Treatment Plant (AWT) and Upqrade Project Project Manager Ted Goforth reported the City of Ukiah is designated as lead agency for the Wastewater Treatment Plant Upgrade Project, and this public hearing was continued from August 15, 1993, which was legally noticed and published. He explained, in accordance with the requirements of the California Environmental Quality Act the City has caused the preparation and distribution of an initial study/draft negative declaration and provided a 30 day public review period, with copies sent to the State Water Resource Control Board and the appropriate Federal agencies. He reported that only two agencies responded with written comments. He stated the State department of transportation requested the draft negative declaration be more specific in describing the proposed project as being required to meet more stringent waste discharge requirements in the City's NPDES permit and that these improvements would not result in plant capacity increases for new connections. He explained they also requested an additional statement that the proposal for long-range expansion facilities will be submitted at a later date under a separate initial study and environmental document. He reported the State Water Resources Control Board, Division of Water Rights noted that development of an end use for reclaimed water would fall under the jurisdiction of division of water rights. He noted staff has no objections to including these additional comments in the final document. Discussion ensued regarding timeframes for Ukiah Valley Sanitation District actions, current volume capacities and projected future capacities. Mr. Goforth explained this project will meet new requirements for wastewater treatment discharges, and expects there will be a need for expansion within 12 years. PUBLIC HEARING OPENED - 7:18 p.m. No one came forward. PUBLIC HEARING CLOSED - 7:19 p.m. M/S Shoemaker/Wattenburger finding that based on the initial study/draft negative declaration and the absence of significant public comments received, there is no substantial evidence that the proposed Wastewater Treatment Plant Advanced Wastewater Treatment and Upgrade project will have a significant effect on the environment if the mitigation measures listed in the Negative Declaration are implemented. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. M/S Shoemaker/Wattenburger to approve the amended final project report and authorized Kennedy/Jenks Consultants to proceed with Final Project Design. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. Reg. Mtg. September 1.~ 1993 Page 3 473 9b. Consideration of Resolution Adoptinq Revised Schedulo of Fees and Rates for Garbaqe Collection Service The Public Works Administrator and the Fiance Director reported on the components of the proposed 30% garbage rate increase which provides a 2% contracted automatic annual rate increase equal to 75% of the CPI increase for the period March 1992 to March 1993; a 5% landfill gate fee surcharge to support Mendocino Solid Waste Management Authority; a 8% landfill tipping fee increase which was enacted January 20, 1993; and a 15% AB 939 State Mandated Recycling Surcharge. They noted this 30% increase will be applied directly on residential accounts, with commercial rates restructured. They explained the proposal for rates to be effective August 1, 1993. Overhead charts were presented to reflect the volumes and revenues for residential and commercial accounts. Councilmember Wattenburger questioned how much revenue would be loss if the rates were not retroactive. The Finance Director stated approximately $26,500. The City Manager explained the rate increase was discussed at budget hearings with fiscal projections based on rate increases going inot effect shortly after the beginning of the new fiscal year. Discussion ensued regarding commercial toter rates and possible commercial rate variations. PUBLIC HEARING OPENED - 7:40 p.m. Gloria Gran, 410 Walnut Avenue, commended the City of Ukiah and the Council for the collection of recyclables at the curb, which has made it very easy for citizens to recycle, therefore more people are recycling. She feels these proposed garbage rate increases are well worth it, for the excellent service provided. No others came forward. PUBLIC HEARING CLOSED - 7:44 p.m. Discussion ensued regarding drop box costs for commercial accounts, commercial recycling, and debris boxes. Councilmember Shoemaker stated he prefers to see no reduction in commercial rate smaller volume charges, omission of the retroactive fee to August 1, 1993, and proposed volume rates for residential and commercial toters. Discussion ensued regarding the reasoning for the proposed rate structures for residential and commercial. Councilmember Wattenburger indicated his discomfort with retroactive fees. The City Manager stated he fully expects further future mandates which the City will have to absorb and encouraged Council to approve the staff recommendation to implement new rates effective August 1, 1993. M/S Mastin/Wattenburger to adopt the proposed Resolution adopting revised schedule of fees and rates for garbage and recycling collection service, retroactive to August 1, 1993, with the added language suggested by the City Attorney. Councilmember Shoemaker stated we now have a 1/2 yard toter rate of $35 and a full yard can for $40, and he feels this contradicts the incentive to recycle, and indicated he desires to keep the 1 yard can at the $51 rate. He Reg. Mtg. September 1. 1993 Page 4 474 requested consideration of amending the motion on the floor to include the amended rate for commercial rate of $51.00 rate/yard/week. Discussion ensued regarding how this would affect the proposed rates, and amending line 27 of the proposed resolution. The City Attorney suggested wording in the example of "except for a one yard bin the rate per yard per week is $40, and the rate for a one yard bin is $51." Councilmember Mastin noted this means that commercial and residential rates are the same until volumes above a toter are reached, and we are only one yard fees. Councilmember Mastin, the maker of the motion, and Councilmember Wattenburger, the maker of the second to the motion on the floor, agreed to the amendment to Commercial monthly rates line 23, to read "$40.00 for rate/yard/week, except for 1 yard bin once a week is $51.00, and amend the appropriate examples used. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. Recess - 8:10 p.m. Reconvened - 8:20 p.m. 9c. Consider Introduction of Ordinance Addinq Section 9185 to the Ukiah City Code "Area Provided for Recyclinq Facilities" in New Development and Remodels The Community Development Director reported the State of California has mandated that by the year 2000 the amount of waste placed in landfills be reduced by 50%. He explained the California Integrated Waste Management Board prescribed that local jurisdictions were to develop an ordinance which would require equal space for recycling materials in refuse collection areas of new development or remodels increasing floor area by 30%. He reported the proposed Ordinance has been reviewed by local architects, engineers and contractors the City's Recycling Task force and approved by the Planning Commission after their public hearing. PUBLIC HEARING OPENED - 8:27 p.m. Mike Sweeney, P.O. Box 309, Redwood Valley, explained the recycling task force was very cautious and conservative in proposing the minimum amount of space requirement. PUBLIC HEARING CLOSED - 8:29 p.m. Councilmember Shoemaker expressed concern for adequate usuable space and dimensions which would accommodate multi residential facilities and large families. Discussion ensued regarding possible rewording of the proposed ordinance. Councilmember Shoemaker stated it appears it is too complex for Council to make recommendations fixing the dimensions tonight. The City Attorney advised re-noticing of the Public Hearing will be required for the Planning Commission and the Council regarding this matter. M/S Shoemaker/Mastin to refer this matter back to the Planning Commission for further work. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. NEW BUSINESS (Continued) Reg. Mtg. September 1~. 1993 Page 5 475 llb. Introduction of Ordinance Authorizinq Citation Authority for Code Enforcement Officer M/S Wattenburger/Mastin 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 Wattenburger/Mastin to introduce the Ordinance Amending Division 1, Chapter 3, Article 9 of the Ukiah City Code, Providing for a Building Inspector. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. llc. Adoption of Resolution Authorizinq Participation in the Mortqaqe Credit Certificate Proqram Administered by th~ Community Development Commission of Mendocino County The Community Development Director reported the tax reform act of 1984 authorized the Mortgage Credit Certificate (MCC) Program as an alternative to Mortgage Revenue Bonds for financial assistance to first time home buyers. He noted the program is actually completed by the lending institutions and the real estate agents involved in the purchase transaction. He explained the CDC is proposing a $10,000,000 allocation request as a countywide application. He explained the application fee of $2,500 will be shared by three entities, Ukiah's share is $833.33. He explained the federal direct tax credit which reduces tax liability of the home buyer, the escrow process, and the administrative responsibilities of the Community Development Commission. Mayor Schneiter questioned whether the City's deposit of $33,000 will be returned. The Community Development Director stated the funds will remain with the City and the programs will be executed by the banks. M/S Mastin/Wattenburger to adopt Resolution No. 94-11, authorizing participation in the Mortgage Credit Certificate Program and execution of agreement with the Community Development Commission of Mendocino County. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. lld. Adoption of Resolution Desiqnatinq Labor Day, September 6, 1993 as "Try America Day" Councilmember Mastin expressed concern regarding who the promoters are. M/S Wattenburger/Shoemaker to adopt Resolution No. 94-12, declaring Labor Day, September 6, 1993 as "Try America Day." The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. llf. Set Date for Joint Public Hearinq with Ukiah Valley Sanitation District Board of Directors for Adjustment of Sewer Rates and Hookup Fees It was the consensus of Council to set the date of October 20, 1993, at 7:00 p.m., as the date for joint public hearing with Ukiah Valley Sanitation District Board of Directors for adjustment of sewer rates and hookup fees. City Council Reports Reg. Mtg. September 1. 1993 Page 6 476 Councilmember Mastin Reported he attended the International Paper Community Arts Grant Award ceremony in which the City of Ukiah's Sun House Museum was given a grant in addition to other recipients; reported on the Mendocino Transit Authority meeting he attended, and reported he was a volunteer at the 2nd annual Mendocino Bounty held in Hopland which was very successful, with thousands of visitors attending. Councilmember Wattenburqer Reported he attended the reception honoring sponsors and contributors to the Sundays in the Park Summer Concert Series 1993, and questioned whether the new white Dodge Aries taxi in town is licensed. Councilmember Shoemaker Reported on the League of California Cities Redwood Empire Division meeting he attended in Crescent City, and the Mendocino Solid Waste Management Authority meeting he attended. Mayor Schneiter Reported he served as a volunteer for the Senior Citizen Center; reported on the NCPA meeting he attended in Truckee; noted he attended a Redevelopment Finance Committee meeting; reported he will be receiving a safe pedestrian award from the California State automobile association on behalf of the City, and announced new Ukiah Police patrols will be riding bikes donated by Denny's bike shop. 13. City Manaqer/Department Head Reports Briefed Council regarding upcoming Council business agenda items. ADJOURNMENT There being no further business, the meeting was adjourned at 9:12 p.m., to September 7, 1993 Cultural Arts Advisory Board ~ee' Council Chambers. // I/ r~ CCMIN. 141 at 7:00 p.m. for a joint ~ing with .Council, in the ~Ka~ CM~/~AE, City Clerk Reg. Mtg. September 1 1993 Page 7