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HomeMy WebLinkAboutMin 02-19-92235 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - February 19, 1992 The City Council convened in a regular meeting at 6:34 p.m., in the Civic Center Council Chambers, 300 Seminary Avenue. Roll was taken and the following Councilmembers were present: McMichael, Wattenburger, and Mayor Henderson. Absent: Councilmember Schneiter. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Assistant City Manager Horsley, Public Works Director Goforth, Community Development Director Harris, Public Safety Director Keplinger, Executive Assistant Stamelos and Planning Analyst DeKnoblough. Councilmember Shoemaker arrived at 6:36 p.m. INVOCATION/PLEDGE OF ALLEGIANCE Mayor Henderson delivered the Invocation and Councilmember McMichael led the Pledge of Allegiance. 4. Proclamation Declaring National Women's History Month - March 1992 Mayor Henderson read and presented the Proclamation to Dot Brovarney, Grace Hudson Museum Curator; Val Muchowski, Chair of the National Women's Political Caucus, Arlene Shippey, President of the American Association of University Women; and Gene Cannon, Immediate Past President of the Commission on the Status of Women. They outlined events associated with the upcoming Women's History Gala to be held on March 8, 1992. APPROVAL/CORRECTION OF MINUTES 5a. Regular Adjourned Meeting of February 5, 1992 M/S Wattenburger/Shoemaker to approve the minutes of the regular adjourned meeting of February 5, 1992, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker and Mayor Henderson. Abstain: Councilmember McMichael. NOES: None. Absent: Councilmember Schneiter. 5b. Regular Meeting of February 5, 1992 Councilmember McMichael requested a change in wording on Page 3, Item 9a, 6th paragraph, 2nd line, omit the wording of "Masonite drops off their wood for chipping by the City and then the City could sell the chips back to Masonite" and replace with the wording "the City could sell chipped wood to Masonite." M/S McMichael/Wattenburger to approve the minutes of the regular meeting of February 5, 1992, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, and Mayor Henderson. NOES: None. Absent: Councilmember Schneiter. 5c. Regular Adjourned Meeting of February 11, 1992 Mayor Henderson requested the following corrections to Page 2, 3th paragraph, 2nd line, omit "oclosure ot" and replace with "closure of, and to the same page, 4th paragraph, 1st line, add an "1" to the name of "Scannel". M/S McMichael/Wattenburger to approve the minutes of the regular adjourned meeting of February 11, 1992, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, and Mayor Henderson. NOES: None. Absent: Councilmember Schneiter. 236 6. Right to Appeal Decision Mayor Henderson reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR M/S Shoemaker/McMichael to approve the Consent Calendar as follows: 7a. Approved the Payroll Warrants, #42275 to #42449, dated from January 19 to February 1, 1992, in the amount of $133,761.96 and the General Warrants, #54410 to #54592, in the amount of $640,682.19. 7b. Approved the bids and authorized the purchase of three 37.5 KVA and two 50 KVA Padmount Transformers, in the respective amounts of $6,809.82 and $4,621.70, from General Electric Supply Company; two 75 KVA Padmount Transformers in the amount of $5,002.14 from Maydwell & Hartzell; two 300 KVA (208Y/120V), one 150 KVA, two 300 KVA (480Y/277), and one 500 KVA Padmount Transformers in the respective amounts of $15,186.60, $6,136.84, $15,175.86 and $10,001.06 from Westinghouse Electric Supply Company. 7c. Adopted Ordinance No. 924, Amending Article iA, Section 1011 and 1012, and adding Section 1016 of Chapter 4, Division 1, of the Ukiah City Code, regarding the Cultural Arts Advisory Board. 7d. Received and filed the disclosure of financial interests in property by Planning Commissioner Robert Sandelin pursuant to Section 33130 of California Health and Safety Code. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, and Mayor Henderson. NOES: None. Absent: Councilmember Schneiter. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Chris Coghlin, 904 North Oak Street, complained of the air quality in Ukiah as affected by Masonite emissions, and indicated he will stop coming to Council meetings to complain about this air problem when the Council makes a statement about Masonite impacting the quality of life of Ukiah citizens. Rod Lapick, 8421 East Road Redwood Valley, representing Mayacama Industries, indicated they are a small landscape training center for the disabled, and informed Council that the increase in the composting fees at the landfill site will cause his business to increase their fees to their customers. He indicated that a 20 percent increase may cause customers to stop using his service, therefore impacting the training program for the handicapped. Pete Bushby, owner of Growth and Form Landscape Business, stated his company has 55 accounts that will all be affected by the increase in landfill fees. He provided Council a letter with suggested alternatives to this fee increase. Ester Faber, stated she has lived in Ukiah since 1969 and has decided to move to Willits due to the air pollution created by Masonite emissions. She noted she has never had the sore throat and watery eyes that she has had since Masonite added its new product line. She urged Council to address this problem. Elly Seagull, 769 N. Oak Street, stated she happens to know that Masonite is burning toxic waste and questioned why are they allowed to operate their molded product line without an operating permit. She distributed information for Reg. Mtg. February 19, 1992 Page 2 237 Council regarding an upcoming meeting on March 11, 1992 that concerns Masonite emissions. The City Manager commented he has written to the County Air Quality Control District asking for them to assess the air quality in Ukiah and noted the League of California Cities is supporting legislation that mandates City representation on Air Pollution Control District Boards within California. PUBLIC HEARING 9a. Proposed Lease/Purchase of a Pro~ect by the Greater Ukiah Senior Center for a 12,000 Sq. ft. Modular Building The City Attorney reported that the Senior Center has requested City assistance in financing the purchase of a 12,000 square foot modular building to expand its existing facilities. He noted that the Internal Revenue Code allows a non-profit organization like the Senior Center to qualify for tax free interest if improvements to real property are purchased through a lease and sublease agreement with a public entity, such as the City of Ukiah. He reported that he is satisfied the documents provided for Council approval, will accomplish that fact with no cost to the City of Ukiah. He reported that this hearing was properly noticed 10 days prior to this meeting and the lease amount of $459,000 provides $450,000 for purchase and installation of the building with $9,000 for staff and administrative costs. PUBLIC HEARING OPEN - 7:08 p.m. Ivan W. Christenson, noted he has lived in Ukiah since 1947, and noted he has never had a runny nose caused by Masonite smoke. He reported he is on the Senior Center Board of Directors and explained the acquisition of this modular building for the Senior Center. He thanked the City for assisting in this project which will keep the Senior Center operating in the black for many years to come. PUBLIC HEARING CLOSED - 7:12 p.m. M/S McMichael/Wattenburger to approve the lease/purchase agreement and sublease agreement and adopt Resolution No. 92-38 approving purchase agreement and sublease purchase agreement to finance the acquisition of a building for the greater Ukiah Senior Center, Inc., and authorize the Mayor to execute any additional documents required to complete the transition, including, but not limited to Exhibits D and G to the lease/purchase agreement. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, and Mayor Henderson. NOES: None. Absent: Councilmember Schneiter. 9b. Consideration of Resolution Amendinq the Schedule of Fees and Rates for Garbaqe Collection Services The Public Works Director reported on the proposal by Solid Waste Systems for a revised method of determining and adjusting garbage collection service fees and charges using an automatic annual rate adjustment based on a 75% change in the Consumer Price Index with an adjustment every three years based on certified audits of the operation. He noted the annual audited financial statements are still required. Discussion ensued regarding past practices regarding garbage rate increases, auditing procedures, and cost of living adjustment ratings. PUBLIC HEARING OPEN - 7:25 p.m. No one came forward. PUBLIC HEARING CLOSED - 7:26 p.m. Reg. Mtg. February 19, 1992 Page 3 238 M/S McMichael/Wattenburger to adopt Resolution No. 92-39, adopting revised method for establishing and adjusting rates for garbage collection service. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, and Mayor Henderson. NOES: None. Absent: Councilmember Schneiter. UNFINISHED BUSINESS 10a. Presentation by Linda Bailey Regarding Creek Restoration Linda Bailey, representative of the Ukiah Creek Coalition, provided Council with a slide presentation and a verbal report regarding the Coalition's mission and goals. She provided information regarding the intentions of the Coalition in regards to Gibson Creek restoration. She thanked City staff for their assistance in preparing the grant application for their first restoration project. Council thanked Ms. Bailey for her report and efforts. 10b. Adoption of Resolution Appointing Airport Commissioner to fill the Unexpired term of Ronald Sturchio Mayor Henderson nominated Wes Housman to fill the unexpired term of Ronald Sturchio on the Airport Commission. The nomination was seconded by Councilmember Wattenburger. M/S Henderson/Wattenburger adopted Resolution No. 92-40, appointing Wes Housman to the Airport Commission. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, and Mayor Henderson. NOES: None. Absent: Councilmember Schneiter. 10c. Adoption of Resolution of Support for Dharma Realm Buddhist Association Project Councilmember McMichael requested this matter be agendized as he feels this project would be of value to the community and that the development concerns need to be addressed. He indicated the Board of Supervisors should attempt to mitigate any concerns of the community. Councilmember Wattenburger stated he has viewed the site and although he grew up on a ranch and is supportive of agriculture, he feels the advantages of this project, to our community, calls for reconsideration by the Board of Supervisors. Councilmember Shoemaker commented he preferred that the issue of the sewer line be mitigated by an on site system and that it is appropriate that the Board of Supervisors reconsider their position. Mayor Henderson stated that this Resolution reaffirms the stance taken by the Council last November and only asks the Board of Supervisors to reconsider this project with conditions to mitigate the effects. Vickie Sangocomo, 3150 Guideville Road, feels the previous decision by Council was one sided and noted many people feel the sewer line extension would be growth inducing. Ross German, 2101 Guideville Road, stated his property is 90 feet from where the proposed new building is to be located and the Buddhists never came to him to explain the project. He commented that the proposed buildings are for educating the Buddhists and not the general community, therefore would not be beneficial to the community. Reg. Mtg. February 19, 1992 Page 4 239 Don Sangocomo, 3150 Guideville Road, commented that this project is unfair to the citizens of Talmage. He indicated that there are plenty of unused buildings on the site that could be used instead of the proposed building. He provided two handouts to Council. He noted that ranches are being eaten up by development and agriculture should be preserved in this valley. Laura German, 2101 Guideville Road, commented that the impact of adding more people to this site would add costs to the County, such as roads, police and fire, and this particular organization is non-profit, and therefore adds no money to the County coffers. Councilmember McMichael commented that this proposed Resolution only requests the Board of Supervisors to readdress this matter. M/S McMichael/Shoemaker to adopt Resolution No. 92-41, Supporting Dharma Realm Buddhist project and urging reconsideration. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, and Mayor Henderson. NOES: None. Absent: Councilmember Schneiter. NEW BUSINESS lla. Introduction of Ordinance Amendinq Code Section 3951, Procedure for Settinq Garbaqe Collection Rates The City Attorney reported that the Ukiah City Code requires the City Council to consider any adjustment of garbage rate user fees at a public hearing following publication of public notice. He noted, in order to avoid any potential conflict between the negotiated terms of the franchise agreement and the provisions of Article 1, Chapter 6, Division 4 of the Ukiah City Code which require rate adjustment hearings, the proposed amendment to Ukiah City Code Section 3951 is proposed. M/S McMichael/Wattenburger 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 only. M/S McMichael/Wattenburger to introduce the Ordinance, Amending Article 1, Chapter 6, Division 4 of the Ukiah City Code to authorize automatic rate adjustments for garbage rate schedules for user fees. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, and Mayor Henderson. NOES: None. Absent: Councilmember Schneiter. llb. Consideration of Solid Waste Systems, Inc. Contract with the City of Ukiah The City Manager requested this item be pulled off the agenda, to allow staff to make any additional changes to the contract in light of the AB 939 Workshop discussion. It was the general consensus of Council to not consider the matter at this time. llc. Status Report Reqardinq the City/County Landfill Issue The Public Works Director reported on the February 13, 1992 correspondence, received from the County Administrative Officer that outlines programs being implemented by the County waste hauler and public information regarding encouragement of recycling. He noted the implementation of scrap metal, appliance and tire diversions at the County's container sites in Potter Valley and Anderson Valley. He Reg. Mtg. February 19, 1992 Page 5 240 stated a monthly status report on County progress will be provided to Council. Councilmember McMichael noted the AB 939 Workshop should be enlightening to the County. Councilmember Shoemaker indicated that Empire Waste is distributing recycling bins to its customers next week at no cost. It was the general consensus of Council to receive and file this report. lld. Discussion Reqarding Pacific Bell Request for Rate Increase The City Attorney reported on the process to file a protest to a rate increase request to the Public Utilities Commission and outlined possible arguments that could be used. Councilmember Wattenburger commented he requested this matter be addressed by Council as the request by Pacific Bell for a rate increase to cover the costs of placing telecommunication lines in the Berkeley and Oakland hills due to the fire, would establish a precedent. He stated that it is not proper to charge all rate payers for improvements to one locality that suffered a disaster and also, the undergrounding of utilities is a local option. M/S Wattenburger/McMichael that an official protest be filed with the State PUC in opposition to Pacific Bell's rate increase for the reconstruction undergrounding of the telecommunications lines in the Berkeley and Oakland Hills with the points outlined by the City Attorney in his report. The motion was carried by a unanimous voice vote of all AYE. lle. Presentation of Mid-Year Financial Report The City Manager stated that despite tough economic conditions, the City of Ukiah's financial position and condition remains very stable and solid at this time. He noted the general fund revenues are ahead of last year's revenues, at this time, with general fund expenditures lower than what were expended at this time last year. He noted expenditures in all City Funds are at 53 percent expended from the total budget. He informed Council that this report does not include Christmas sales tax figures. The Finance Director provided Council an overview of the financial figures for the Fiscal Year 1991-92 ending December 31, 1991. Council received the report. The City Attorney advised Council to address Item llf. after a meeting in Closed Session. CITY COUNCIL REPORTS Councilmember McMichael Reported on the Sun House Guild meeting he attended. Councilmember Wattenburger Noted he endorses recent legislation by M. Thompsen, SB 1411, calling for a reduction in salaries of State Boards and Commissions, and noted that there may be a private donation to the Humane Society Animal Control. Reg. Mtg. February 19, 1992 Page 6 241 Councilmember Shoemaker Reported on the Chamber of Commerce meeting he attended, and complimented staff for their fast efforts concerning a citizen's question about some trees. CLOSED SESSION The City Attorney advised Council that a motion is needed to go into Closed Session, as allowed by Government Code Section 54956.9, to consider potential litigation. M/S Wattenburger/McMichael to go into Closed Session to discuss potential litigation. The motion carried by a unanimous voice vote of all AYE. The City Attorney announced there are two other matters to be addressed in Closed Session as allowed by Government Code Section 54956.8, pertaining to Real Estate Negotiations, for the Observatory and Bush Street property negotiations with the Community Development Commission, and property located next to Oak Manor School which is in negotiations with the Ukiah Unified School District. Recess to Ukiah Redevelopment Agency - 9:02 p.m. Reconvened as the City Council - 9:06 p.m. Council entered Closed Session at 9:10 p.m. Council came out of Closed Session at 9:32 p.m. M/S Wattenburger/McMichael to authorize the City Attorney to file actions to recover defense costs associated with Cohen v. City of Ukiah by filing action against Commercial Union Insurance Co. and CNA, if CNA denies City's claim for defense costs. The motion was carried by a unanimous voice vote of all AYE. ADJOURNMENT There being no further business~/'~the meeting was adjourned at 9:33 p m ~/./. ~ /,,/~ i Cath~'~K~y -CMOS; City Clerk Reg. Mtg. February 19, 1992 Page 7