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HomeMy WebLinkAboutMin 06-06-90469 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - June 6, 1990 The City Council convened in a regular meeting at 6:32 p.m., in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. Absent: None. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Community Development Director Harris, Electric Utilities Director Roper, Finance Director Vara, Deputy Director of Public Works Goforth, Assistant City Manager Horsley, Police Chief Keplinger, Fire Chief Mitchell, Administrative Secretary to the City Manager Stamelos, and Parks and Recreation Director McCarty. INVOCATION/PLEDGE OF ALLEGIANCE City Manager Rough delivered the Invocation and Councilmember Hickey led the Pledge of Allegiance. SPECIAL ORDER OF BUSINESS Mayor Henderson read and presented a Proclamation to Jim Rizer, Immediate Past Division Captain of the Coast Guard Auxiliary, proclaiming National Safe Boating Week, June 3 to 9, 1990. Mr. Rizer explained how the Coast Guard Auxiliary educates and promotes safe boating procedures. APPROVAL/CORRECTION OF MINUTES 5. Reqular Meetinq of May 16, 1990 Councilmember Hickey made the following correction: Page 4, Item 9a., 5th paragraph, 5th line, add the word "Hickey" after the word "Schneiter." Mayor Henderson made the following corrections: Page 3, Item 10d., 1st paragraph, 4th line, omit the word "letter" and replace with the word "memo" and same line omit the word "nominating" and replace with the word "recommending," Page 3, Item 10d., add to the end of the 1st paragraph the wording "The second member appointment was continued to a future meeting." M/S Shoemaker/Schneiter approved the minutes of the regular meeting of May 16, 1990, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. CONSENT CALENDAR M/S Hickey/Schneiter approved the Consent Calendar as follows: 7a. Approved the Payroll Warrants, #34329 to 34488, from April 29, 1990 to May 12, 1990, in the amount of $112,841.79, and the General Warrants, #46607 to 46816, in the amount of $237,322.97. 7b. Adopted Ordinance No. 907, Adding Section 452 to the Ukiah City Code to Authorize the Building Official to Issue Citations. 7c. Denied the Claim for Damages from Randolph Greenwald and referred it to the City's insurance carrier, R.E.M.I.F. 7d. Accepted the Report of Administrative Actions and Proposals (R.A.A.P.) The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. COMMENTS FROM THE AUDIENCE None. 470 UNFINISHED BUSINESS 10a. Presentation of City/County Planning Commissioner's. Committee Repor~ The Community Development Director reported that in January of 1989, the City Council and the Board of Supervisors established the Joint City/County Planning Commissioners' Committee to begin communication between the two Commissions and to identify development standards within the valley, regardless of the jurisdictions. He reported the Chairmen of the City and the County Planning Commissions, Frank McMichael and Billy Cornett will be presenting this report to the City Council tonight and at the June 11, 1990 Board of Supervisors meeting. Billy Cornett, Chairman of the Mendocino County Planning Commission, presented the report that took eight months to develop and indicated that these meetings have resulted in increased communication between the two bodies and acknowledged many areas of similarities and opportunities for cooperation in the planning process. He outlined the following recommendations agreed upon by the Joint City and County Planning Commissioner's Committee: 1. Freeway oriented and rooftop signs should be prohibited and all calculations of sign sizing should be standardized for both the City and County; 2. City and County should adopt consistent landscaping and street tree standards for new development; 3. Major projects that may affect each jurisdiction should be reviewed by both City and County planning Commissions; 4. Sewer and/or water costs associated with new developments should be paid entirely by the developer and not fall upon existing residents; 5. The County should require dedication of parklands or in-lieu fees similar to the City's procedure for all new development; 6. Infrastructure should be completed before any actual new construction; 7. A study of the development potential in the Valley should be completed to coordinate the City and County General Plans which would address issues facing both the City and the County and develop a strategy for development throughout the community; 8. This Joint Planning Commission Committee should continue to insure continued communication between the two bodies and insure coordinated development throughout the valley and could address specific recommendations from the newly created Valley Wide Task Force. Mayor Henderson expressed appreciation for this effort and indicated she would like to see this committee continue. M/S Shoemaker/Wattenburger to receive this report and refer the recommendations to staff for further review and action and to continue the existence of this committee. The motion was carried by a unanimous voice vote of all AYE. Councilmember Schneiter commented some of these recommendations paralleled what was discussed in Council's recent Goal Setting Session and indicated he would like to see more detail or a narrower scope where we would like to be incorporated into our goals. ' 10b. Adoption of Policy Resolution Reqardinq Use of Community Block Grant Reserve Funds Councilmember Shoemaker reported receiving a phone call from an interested affected party that had not had enough time to prepare a response to this matter. He requested this item be continued to the next meeting. It was the general consensus of Council to continue this matter to the meeting of June 20, 1990. Reg. Mtg. June 6, 1990 Page 2 471 NEW BUSINESS lla. Establishment of Unreinforced Masonry Buildinq Advisory Task Force i. Adoption of Resolution Establishinq Task Force The Community Development Director reported that Ordinance No. 897 which the City Council adopted on December 20, 1989, required an engineering study of each unreinforced building listed and that improvements to the building made in order to meet code standards be completed in accordance with a schedule to be adopted by the City Council. He recommended that a task force be created to research and recommend a schedule and noted notification can be distributed immediately with appointment scheduled for the next meeting, June 20, 1990 with nomination by the Mayor and approved by the Council. Discussion ensued regarding representation from real estate, banking and insurance industries. M/S Shoemaker/Schneiter to adopt Resolution No. 90-51 Creating the Unreinforced Masonry Building Advisory Task Force, with the amendment to Section 2, that adds three more members for a total of 12, one realtor, one banking representative, and one insurance representative. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. ii. Authorization to Solicit for Task Force Membership It was the general consensus of Council for staff to solicit membership for the Advisory Task Force. PUBLIC HEARING - 7:00 p.m. 9a. Adoption of Resolution Authorizing Adjustment of Fees and Charqes at the Municipal Solid Waste Site The City Engineer/Public Works Director reported in order to keep the disposal site self-supporting, to build reserves for closure and post closure maintenance and to meet other budgeted and State mandated goals and objectives, this gate fee increase is needed as this fund has experienced deficit spending during the past two years and has had to rely on dwindling contingency funding to meet its financial obligations. He noted that this proposed rate structure is based upon uniformity throughout the County and was conceptually approved by the Ukiah Recycling Task Force. Discussion ensued regarding the rate fee changes, measuring cubic yards, compostables being separated, white metals and tires, protest procedures, franchise rates, and loose and compacted material measuring and rates charged. PUBLIC HEARING OPEN - 7:32 p.m. Richard Denton Owens, 1400 Vista Verde Rd., stated that with all County dump fees increasing, including the City's, there will be more people not going to the dumps and there will be more garbage dumped into canyons and ravines. Michael Sweeney, P.O. Box 309 Redwood Valley, stated he supports these fees and desires a mandatory recycling plan to divert over half of the waste going into the landfill and feels these additional revenues can help set up a comprehensive mandatory recycling setup at the dump. Patrick Schaefer, operator of Great American Waste in Anderson Valley, indicated this increase in the commercial haulers is too great of a jump and will greatly impact him. He recommended developing a kick back program to haulers for setting up a recycling program to reduce volumes. Reg. Mtg. June 6, 1990 Page 3 472 The City Manager noted this matter can be addressed at an upcoming meeting with garbage haulers. Jerry Ward, Solid Waste of Willits and Waste Enterprises, reported it is his observation that half of out of area garbage is coming into the Ukiah Solid Waste site as its fees are less than County sites. He indicated that compost diversion is costly and recommended a compost dumping fee. He commented this increase in fees can help provide for a successful curbside recycling and composting program that will meet or exceed AB 939 requirements for 25% diversion by the year 1994. No others came forward. PUBLIC HEARING CLOSED - 7:32 p.m. Discussion ensued regarding proposed rate structure being used in the upcoming budget, Anderson Valley rates, incremental increases, and composting status. Councilmember Shoemaker expressed concern that white metal and tires are still being buried in the landfill and indicated he would like to see this stop. Discussion ensued regarding the Willits tire and appliance pickup program and status of City staff's investigation. Councilmember Shoemaker requested a list of people contacted and results of staff researching white metal and tire pick up at the landfill site at the next Council meeting. Discussion ensued regarding commercial rates and tires loose versus cut up, fall clean up, and the current recycling policy resolution. M/S Shoemaker/Hickey to adopt Resolution No. 90-49 with the following changes: Item F., No. 1. $3.00; No. 2. $10.00; No. 4. $25.00; No. 5. $25.00; Item G., all items to be $15.00 each. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: Councilmember Wattenburger. 9b. Adoption of Resolution Establishing Garbage Collection Service Rates The Assistant City Manager reported on the proposed garbage collection rates as proposed by the Recycling Task Force which would increase fees for more than one 30 gallon can pickup and reduced rates for 10 and 20 gallon can sizes. PUBLIC HEARING OPEN - 8:12 p.m. Bill Ward, President of Ukiah Solid Waste Systems, asked for clarification of rates charged at the solid waste site and commented that the increase in these fees that the Council just approved (Item 9a.) will triple his costs in which he will need to come back to Council for another fee increase soon. No others came forward. PUBLIC HEARING CLOSED - 8:18 p.m. Discussion ensued regarding hauler rates to citizens and Mr. Ward's participating in the Recycling Task Force meetings. M/S Shoemaker/Schneiter to adopt Resolution No. 90-50 with the following changes: Change 3-30 gallon cans from $18.00 to $18.50 and 4-30 gallon cans from $22.50 to $24.50. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, and Mayor Henderson. NOES: Councilmembers Wattenburger and Hickey. Reg. Mtg. June 6, 1990 Page 4 473 Discussion ensued regarding lower volumes due to recycling and composting. The City Manager noted that a Commercial Recycling Rate may need to be implemented as addressed in the survey, and that the combination of a commercial rate and the lower tonnage going to the landfill as the result of recycling and compostable collection would perhaps avoid the need for an additional increase in residential rates. UNFINISHED BUSINESS (Cont.) llb. Adoption of Resolution Appointing City Manaqer as Civil Service Personnel Clerk for the City of Ukiab The City Manager noted that Section 1304 of the Ukiah City Code requires the City Council to appoint a Personnel Clerk who provides secretary and clerk support to the Civil Service Board, which meets infrequently. He recommended appointing the City Manager who will then delegate various responsibilities to the Personnel Director and the City Clerk. M/S Hickey/Wattenburger adopted Resolution No. 90-52, Appointing the City Manager as Personnel Clerk of the Civil Service Board. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. llc. Matter of Policy and Procedures for Contribution Requests from Other Aqencies The City Manager reported on his recommendations for policy and application procedures regarding requests for funds from other agencies which outlined guidelines for Contract Services, Matching Grant, and Outright Grant Funding, community service list and application, budget data, and application narrative. He commented that the Main Street Program and Chamber of Commerce will be included in this policy which contains a $40,000.00 maximum total amount available. M/S Schneiter/Wattenburger adopted the Funding Assistance Policy, Funding Level Cap and Guidelines as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. lld. Introduction of Ordinance Allowinq Recovery of City Attorney Fees The City Attorney reported that the primary method used by the City to enforce the City sign ordinance, zoning ordinance and similar laws is a civil abatement action which is only taken after efforts to effect voluntary compliance by the owner. He noted that whenever the City Attorney is needed the City incurs legal expenses and under existing City rules the City cannot recover its attorneys fees from the violator, even if it has to file legal action to secure compliance. He advised Council on the legalities of this matter. M/S Hickey/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 only of the proposed Ordinance. M/S Hickey/Shoemaker to introduce the proposed Ordinance that Adds Section 2052 to Chapter 13, Division 1 of the Ukiah City Code, Providing City With Right to Recover Its Attorney's Fees From Opposing Parties in Certain Cases. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. Reg. Mtg. June 6, 1990 Page 5 474 lle. Matter of Leqislative Advocacy i. AB 3458 (Attorney Fees, Settlement Offer) ii. SB 2443 (Bindinq Arbitration) The City Manager reported that in order to express the city's opinion before any vote was taken and as part of our legislative advocacy program as approved by the City Council, letters were sent and he requested affirmation of the stated position. The Mayor requested her signature stamp be used in the future, in her absence. M/S Schneiter/Henderson ratified the position of opposition taken on AB 3458 and SB 2443. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. llf. Set Date for Annual Employee/Retiree Barbeque Picnic It was the general consensus of Council to set the date of August 5, 1990, for the Annual Employee/Retiree Barbeque Picnic at Todd Grove Park. llg. Set Date and Time for Installation of Mayor and Two Councilmembers It was the general consensus of Council to set the date of June 14, 1990 at 4:30 p.m. in the Council Chambers for the installation ceremony with reception following on the Mayor's Patio for staff and Council's families and friends. Recess to Redevelopment - 9:07 p.m. Reconvened - 9:22 p.m. llh. Lease of Low Gap Property to Mendocino County Office of Education The Community Development Director reported that the Ukiah Redevelopment Agency has entered into a reimbursement agreement (provided for review) requesting the City to lease property on Low Gap Road to MCOE. He stated that approval of the reimbursement agreement and the lease is desired by separate actions of the Council. The City Attorney requested additional wording in a paragraph between Recital No 2. and 3., as follows; "The City Council has determined that it can lease the leased premises to MCOE as provided in the Redevelopment Agreement, provided the Agency contracts with the City Council to reimburse the City for the cost of the leased premises as authorized by Health and Safety Code 33445." M/S Schneiter/Henderson approved the reimbursement agreement between the City of Ukiah and the Redevelopment Agency. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Schneiter, Hickey and Mayor Henderson. NOES: Councilmember Shoemaker. M/S Schneiter/Wattenburger authorized the Mayor to enter into a lease agreement with MCOE for the Low Gap Property with the additional wording as recommended by the City Attorney. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Schneiter, Hickey and Mayor Henderson. NOES: Councilmember Shoemaker. lli. Adoption of Resolution Establishing Rules and Procedures for City Council Public Hearings The City Attorney reported that the City Council had requested the City Attorney to prepare Rules for Procedures for conducting public hearings which is presented for Council review tonight. Discussion ensued regarding viewing sites and video taping. Reg. Mtg. June 6, 1990 Page 6 475 M/S Schneiter/Wattenburger to adopt Resolution No. 90-53, Adding Section 29, Providing Rules of Procedures for City Council Hearings, to "Procedures of Conduct of the City Council Meetings for the City of Ukiah." The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. CITY COUNCIL REPORTS Councilmember Wattenburger Reported that MTA reinstated service in Ukiah until 10:00 p.m. Councilmember Shoemaker Reported he noticed the agenda contains some one sided copying and indicated he would like to see backup copying in the spirit of conservation. Councilmember Schneiter Reported on the LAFCO meeting he attended. Mayor Henderson Reported on the REMIF meeting she attended. ~ity Manaqer None. CLOSED SESSION The City Attorney reported he will be on vacation June 26 to August 6, 1990 and his partner Les Marston will be available for the City. The City Attorney recommended going into closed session to discuss pending litigation Mendocino County Superior Court Cases No. 59987 and 60148, under the Government Code Section 54956.9 , Subsection A. M/S Wattenburger/Hickey to go into closed session as recommended by the City Attorney. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. Council entered Closed Session at 10:15 p.m. Council came out of Closed Session at 10:55 p.m. The City Attorney noted the following action taken by Council in Closed session. M/S Schneiter/Henderson to authorize the City Attorney to sign the proposed changes to only paragraph 1. of the stipulation regarding Mendocino Environmental Center vs. City of Ukiah. The motion was carried by a unanimous voice vote of all AYE. ADJOURNMENT There being no further business, the meeting was adjourned to June 7, 1990 at 6:30 p.m. in the Council Chambers in the Civic Center for the City Manager's House/Grace Hudson Museum. CCMIN.33 reco~dations concerning the Sun Reg. Mtg. June 6, 1990 Page 7