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HomeMy WebLinkAboutMin 02-05-92224 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - FEBRUARY 5, 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, Shoemaker, Schneiter and Mayor Henderson. Staff present: City Clerk McKay, City Manager Rough, Assistant City Manager Candace Horsley, Electric Utility Director Barnes, Public Works Director Goforth, Executive Assistant Stamelos, City Engineer Beard, Community Development Director Harris, Fire Marshall Sandelin, Fiance Director and Museum Director Abel-Vidor. 2. Invocation The City Clerk delivered the Invocation. 3. Presentation of Flaq and Pledqe of Alleqiance by Boy Scouts Visiting Boy Scouts provided a special presentation of the flags and led the audience in the Pledge of Allegiance. SPECIAL ORDER OF BUSINESS - Scouts in Government Day 4a. Introduction of Boy Scouts 4b. Report to Council Reqardinq Government Day Events The City Manager introduced the individual Boy Scouts that served as counterparts throughout the day, to City Department Heads and Councilmembers. He reported on the events of this day in which the Boy Scouts were provided tours of City and County facilities, a luncheon, and a mock Council meeting in which they participated during the afternoon. 5. Approval/Correction of Minutes of Regular Meeting of January 15, 1992 Mayor Henderson noted a date correction to the heading of the first page, to reflect the correct date of January 15, 1992. M/S Schneiter/Shoemaker to approve the minutes of the regular meeting of January 15, 1992, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Abstain: Councilmember McMichael. 6. Riqht 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/Schneiter to approve the Consent Calendar as follows: 7a. Approved the Payroll Warrants, #42111 to #42274, dated from January 5 thru 18, 1992, in the amount of $128,029.61, and the General Warrants, #54154 to #54409, in the amount of $529,334.79. 7b. Awarded the contract for Sidewalk Reconstruction, Spec. No. 91-30, to Robert Meza Construction, in the amount of $24,959.76. 7c. Adopted Resolution No. 92-32, Adopting Municipal Golf Course Rules of the Course. 7d. Adoption of Resolution No. 92-33, Repealing Prior Resolutions and Designating Certain Streets or Portions of Streets as One-Way Streets. (Highland, Henry, Smith, Standley, W. Perkins, Church, W. Stephanson, S. Barnes) 7e. Accepted the work of Arcadian Enterprises for construction of Storm Drain on State Street, Perkins to Seminary, as complete and directed the City Clerk to file the Notice of Completion. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 8. Audience Comments on Non-Agenda Items Chris Coghlan, 904 N. Oak Street, commented he is tired of the smell and air pollution from Masonite, and indicated he cannot sleep at night due to lack of fresh air. He stated that this is affecting his quality of life here in Ukiah and urged the City to tell the County to quit allowing Masonite to pollute the air of Ukiah residents. Elly Seagull, 769 N. Oak Street, asked the Council if anyone of them is willing to make the statement that it is not possible that Masonite has ever made someone in Ukiah ill? No others came forward. UNFINISHED BUSINESS 10a. Approval of Mendocino Solid Waste JPA Addendum No. 2 Aqreement The City Manager reported the Council approved an addendum to the regional Mendocino County Solid Waste Management Authority JPA Agreement at the regular Council meeting of December 4, 1991. He reported this addendum identified and broadened potential responsibilities by the MSWMA. He noted this addendum was subsequently approved by the City of Willits, but the County and the City of Ft. Bragg expressed concern that the addendum needed additional language stating that the JPA cannot take unilateral action without having obtained approval of the affected ownership/member entity. He reported this amended addendum is provided for Council approval. M/S McMichael/Schneiter to approve the proposed amendment to the Mendocino Solid Waste JPA Addendum No. 2 agreement. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 10b. Adoption of Resolution Endorsing Urban Streams Restoration Grant The Community Development Director reported that a formal Resolution is required to verify the City's commitment for the Ukiah Creek Coalition's application for an Urban Streams Restoration Grant. He noted the application package with the Mayor's letter of support which was authorized at the regular Council meeting of January 15, 1992, was submitted on January 30, 1992, before the final deadline of January 31, 1992. Councilmember Schneiter commented that Linda Bailey's presentation on "Good Morning Ukiah" was excellent and recommended she provide Council with this presentation in the near future. Councilmember Wattenburger questioned creek access and the budgeted amount for salary. The City Manager answered the salary figure is for a consultant to provide a vegetation and planting survey. 225 Reg. Mtg. February 5, 1992 Page 2 226 Councilmember Wattenburger and Mayor Henderson expressed concern for an increase to the City's liability, exposure and risk. Staff reported tht this would be thoroughly reviewed before proceeding with any creek restoration project. Mayor Henderson commented that possible money for this project from the Redevelopment Agency is not guaranteed and expressed concern regarding public easements on private property. M/S Shoemaker/Wattenburger to adopt Resolution No. 92-35, endorsing application for an Urban Streams Restoration Grant and determining appropriate environmental impact document, conditionally accepting grant if offered, and designating contract manager and fiscal agent. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. PUBLIC HEARING 9a. Consideration of Resolution Establishing a Fee for Compostibles (Yardwaste) at the Ukiah Municipal Solid Waste Disposal Site Councilmember Shoemaker removed himself from the meeting at 7:08 p.m. due to a possible conflict of interest. The Public Works Director reported the City has been accepting and diverting compostible yardwaste from the landfill at no charge for the last two years due to a former composting firm agreeing to remove all of the material in its unprocessed form. He noted that five months into the program the firm reduced its operations and could not take the material any longer, so the City continued the operation in order to comply with AB 939 reduction requirements. He noted the costs of shredding the material and removing it have become a major burden to the landfill operations. He reported the proposed fee of $3.75 per cubic yard for yardwaste would be applicable to all yardwastes from individual and commercial haulers, excepting the City's contracted hauler. He noted a local composting firm is currently contemplating an arrangement whereby major yardwaste generators could haul their waste directly to the private composting facility, thereby eliminating this charge. Discussion ensued regarding no charge to City residents for continued curbside yardwaste pick up, reduction of trips into the landfill, and composting offsite from the landfill thereby reducing odors. Councilmember Wattenburger expressed concern that because 60 percent of the garbage going into the City's landfill originates in the County, a fee for dropping off yardwaste may create more burning in the County. PUBLIC HEARING OPENED - 7:22 p.m. Mory McCloud, 301 Snuffin Street, commented he has heard that Masonite is selling its wood by product slurry to the Loomix Feed Company which is mixing it with compost and feeding it to cows. He indicated the City should look into this. The Public Works Director noted he is unaware of such a program but noted he is developing a plan in which the City could sell chipped wood to Masonite. Clark Miller, a County resident, expressed concern for increased illegal dumping in the County due to an increase in landfill site fees. Wilma Pribyl, 201 Burlington Drive, expressed concern that a fee to pick up the yardwaste at the curb may reduce trips to Reg. Mtg. February 5, 1992 Page 3 the landfill but increase illegal dumping and therefore impacting the environment. The Public Works Director answered that this fee will not affect the free yardwaste curbside pickup program in Ukiah. No others came forward. PUBLIC HEARING CLOSED - 7:35 p.m. Councilmember Schneiter expressed concern that city resident landscape contractors could put their business yardwaste out for free pickup and maybe a possible business fee should be considered for this type of business. Councilmember McMichael commented that although it is a possibility that increased dump fees could result in increased illegal dumping, he cannot allow the City to be penalized for supporting the County, and possibly the County should be enforcing the laws against illegal dumping. Councilmember Schneiter stated the public should be thoroughly informed that the regular dumping fee is still in effect and although he does not like to increase fees, this is necessary to protect the landfill operations. M/S Schneiter/McMichael to adopt Resolution No. 92-34, establishing a fee for compostibles (yardwaste) at the Ukiah Municipal Solid Waste Disposal Site. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Schneiter and Mayor Henderson. NOES: None. Absent: Councilmember Shoemaker. Recess - 7:35 p.m. Reconvened - 7:43 p.m. Councilmember Shoemaker rejoined the meeting at this time. NEW BUSINESS lla. Authorize Submittal of Grant Application to FAA for Airport Master Plan at Ukiah Municipal Airport The Community Development Director reported that the Federal Aviation Administration (FAA) administers a grant program for the preparation of Airport Master plans, with ninety percent of the funding to be provided by the FAA with the remaining 10% to be the responsibility of the local entity which can be through in-kind services or cash. He reported the last Airport Master Plan was completed in 1971 and therefore a new one is very appropriate at this time. Discussion ensued regarding MCOG involvement, TDA funds and to address land use surrounding the airport. M/S Wattenburger/Schneiter to authorize the City Manager to submit grant application to the FAA for Airport Master Plan at Ukiah Municipal Airport. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. llb. Cultural Arts Advisory Board Membership Reorganization and Rules Governing Membership The Assistant City Manager reported some of the members on the Cultural Arts Advisory Board have had to resign, and as this Board is very active, the Board feels that active member participation is necessary. She reported they have established rules that would bring stability and diversity to the group. She explained the recommendations regarding rotation of terms, reorganization of the membership, attendance rules, number of terms, expansion to a total of 13 members with seven organizational and six public members, 227 Reg. Mtg. February 5, 1992 Page 4 228 and appointment recommendations to fill the currently vacant unexpired terms. Discussion ensued regarding absences and a larger advisory board. The City Attorney advised the introduction of the Ordinance should be addressed before adoption of the Resolution. He advised the addition of the proposed three positions may be addressed in a future Resolution, and also advised additional wording be inserted into the proposed Ordinance that would clarify the Sun House Guild and Museum Endowment Fund representatives would have no term limitation. Mayor Henderson nominated Diane Sloan to the position of public member on the Cultural Arts Advisory Board, filling the unexpired term of Susan Field. The nomination was seconded by Councilmember Schneiter. The nomination was approved by a unanimous voice vote of all AYE. M/S Schneiter/McMichael to amend the proposed Ordinance by amending Section 1012, line six, by adding the wording of "Term limits shall not apply to Sun House Guild and Museum Endowment Fund representatives." after the word "expires."; and to read the title only for the first reading of the amended proposed Ordinance. The motion carried by a unanimous voice vote of all AYE. The City Clerk read the title only of the proposed Ordinance. M/S Schneiter/Wattenburger to introduce the amended Ordinance, that amends 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. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. M/S McMichael/Schneiter to adopt Resolution No. 92-36, appointing board members (Broaddus, Sparkman, Sloan), expanding membership, and including additional cultural organizations to the Culural Arts Advisory Board. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. llc. Set Date for a Workshop on Ft. Bragg Refuse Diversion Request It was the general consensus of Council to set the date of February 11, 1992 at 6:30 p.m. in the Council Chambers of the Civic Center, a regular adjourned meeting for a workshop on Ft. Bragg Refuse Diversion Request. lld. Set Date for Commission Appreciation Dinner It was the general consensus of Council to set the date of April 11, 1992, for a Commission Appreciation Dinner, starting at 6:30 p.m. lle. Establish Date for City Council Workshop on AB 939 Preliminary Draft Report Review It was the general consensus of Council to set the date of February 18, 1992, at 8 a.m., in the Council Chambers, for a workshop to review the AB 939 Preliminary Draft Report. Councilmember Shoemaker requested that the Recycling Task Force be invited to this meeting. The City Manager requested that Item llf. Adoption of Resolution Renewinq the City Manaqer's Contract be addressed after a Closed Session meeting. CITY COUNCIL REPORTS Reg. Mtg. February 5, 1992 Page 5 Councilmember McMichael Reported on the League of California Housing, Community and Development meeting he attended in Los Angeles and noted he will be attending another planning session in March in Oakland, at no cost to the City. Councilmember Wattenburger Reported on an upcoming meeting hosted by Mendocino Transit Authority with Congressman Riggs the key speaker, commented he has received complaints regarding the turning lanes at Orchard and Perkins, noted an upcoming Emergency Management Conference March 13-17 that would be of interest to our Public Safety Department, complimented the State Street storm drain project and requested the Pacific Bell rate increase request be agendized for Council discussion. Councilmember Shoemaker Noted that attendance by the City Engineer at Planning Commission meetings may be a good idea, recommended that the City notify our legislators regarding AB 181, commented that he wishes to attend the League of California meeting pertaining to growth on the 20th and 21st, and stated the County private partnership committee is a good process. Councilmember Schneiter Reported on the TANC and NCPA meetings he attended, and the American Public Power Association meeting he attended in Washington D.C., noted he attended the Employee Credit Union Dinner and reported there are no MCOG and LAFCO meetings this month. Mayor Henderson Questioned why City officials cannot conduct teleconference meetings, which would be very beneficial to small rural cities located in large Counties such as ours. The City Attorney answered the Government Code Section 54953 (B) does allow teleconference meetings and noted this legislation is effective to January 1, 1994. CLOSED SESSION The City Manager announced the need to meet in Closed Session, under the personnel exception to the Brown Act, to discuss the City Manager's annual contract renewal. Council went into Closed Session at 8:48 p.m. Council came out of Closed Session at 9:44 p.m. llf. Adoption of Resolution Renewinq City Manager's Contract M/S Schneiter/McMichael to adopt Resolution No. 92-37, authorizing the Mayor to sign agreement with Charles L. Rough, Jr. for City Manager services for the calendar year of 1992. The motion carried by a unanimous voice vote of all AYE. ADJOURNMENT There being no further business, the meeting was adjourned to February 11, 1992, at 6:30 Center Council Chambers, for a refuse diversion request. CCMIN.87 p~-m., in the. Civic ~ ,~' regarding Ft. y c~a~, City Clerk Bragg's 229 Reg. Mtg. February 5, 1992 Page 6