HomeMy WebLinkAboutMin 09-01-04MINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING
WEDNESDAY, SEPTEMBER 1, 2004
The Ukiah City Council met at a Regular Meeting on September 1, 2004, the notice for
which had been legally noticed and posted, 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: Rodin, Andersen, Smith, Baldwin, and Mayor Larson.
Staff present: Utilities Project Manager Burck, Community Services Supervisor
DeKnoblough, Finance Director Elton, Wastewater Treatment plant Supervisor Gall,
City Manager Horsley, Water Treatment Plant Manager Jamison, Planning Associate
Lohse, Accounting Manager McCann, City Attorney Rapport, Deputy Public Works
Director Seanor, Planning Director Stump, Public Utilities Director Ziemianek, and
Deputy City Clerk UIvila.
2. PLEDGE OF ALLEGIANCE
Associate Planner Lohse led the Pledge of Allegiance.
City Manager Horsley advised Council that the applicant for agenda item "8a" titled,
"Approval of Application to Demolish a Structure over 50 Years Old Located at 1080
Helen Avenue" has notified staff that they wish to withdraw their application.
3. PROCLAMATION
3a. Proclamation. Saturday Afternoon Club Centennial
Mayor Larson read the Proclamation proclaiming September 2004 as the Saturday
Afternoon Club Centennial an urged the citizens of Ukiah to convey their appreciation
and congratulations to the Saturday Afternoon Club for its valuable contributions to the
civic and cultural achievements of our community.
Ms Olni Anet LaGioia, President, and Katarzyna Rolzinski of the Board of Directors
of the Saturday Afternoon Club, accepted the Proclamation. The Board of Directors of
the Saturday Afternoon Club was introduced.
4. APPROVAL OF MINUTES
4a. Re_~ular Meeting of July 217 2004
M/S Rodin/Baldwin approving the Regular Meeting Minutes of July 21, 2004, as
amended, and carried by unanimous consent, with Councilmember Smith abstaining.
4. APPROVAL OF MINUTES
4b. Re_~ular Meeting of August 4, 2004
Councilmember Andersen referred to page 4, first paragraph listing speakers, and
corrected the spelling of Greg Giusti.
M/S Baldwin/Andersen approving the Regular Meeting Minutes of August 4, 2004, as
amended, and carried by unanimous consent.
4. APPROVAL OF MINUTES
Regular City Council Meeting
September 1,2004
Page 1 of 10
4c. ReQular Meeting of August 18, 200a.
M/S Andersen/Smith approving the Regular Meeting Minutes of August 18, 2004, as
presented, and carried by unanimous consent, with Councilmember Rodin abstaining.
5..RIGHT TO APPEAL
Mayor Larson read the appeal process.
6. .CONSENT CALENDAR
Deputy City Clerk Ulvila requested item "6d" be continued to the next meeting so staff
can review the files more thoroughly. The request was approved by a consensus of
Council.
M/S Rodin/Smith approving items "a" through "h" and continue item "d" of the Consent
Calendar as follows:
a. Rejected Proposals Received for Fuel Purchase through a Card System;
b. Received Report of the Acquisition of Services from Tim Narvaez in the Amount of
$9,560 for Slope Repair Work at the Ukiah Solid Waste Disposal Site;
c. Received Notification of Purchase of One Single Drive Cutterhead in the Amount of
$6,542.25 from SRS Crisafulli;
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...... ~. ............... ro';mg c,...,.,,,,~o r~...o+,,,,,+~,,., Continued
I l~ll?~l~l ~ll~ lll~l?~l~lll ~I'I~I~IIIVl I
e. Reiected Claim for Oamages Received from Arvagene Rabano and Referred to ,Joint
Powers Authority, Redwood Empire Municipal Insurance Fund;
f. Approved Contract with Wagner and Bonsignore for Engineering Services in
Connection with the ~nvironmental Documentation to Support the City Water Right
Petitions in the Amount of $3O,0O0;
g. Awarded Contract to Safety Striping Service, Inc. for Street Striping 2OO4,
Specification Number 04-0~ in the Amount of $~,07~ .O2;
h. Awarded Professional Consulting Services Agreement on a time-and-Expense
Basis, to Rau and Associates, Inc. to Conduct Soil Compaction 'resting and
Concrete 'resting During Construction of the New Water Storage 'ran~s.
Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen,
Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward to address Council.
9. UNFINISHED BUSINESS
9a..Status Report Concerning the Community Desi_cln Forum Even'
Planning Director Stump discussed his status report to Council with regard to the
Community Design Forum Event. He explained its purpose and goal, listed possible
events that have been identified, and explained the Planning and Community
Development Department projects that the Committee determined these events could
lead to.
8. pUBLIC HEARING (6:45 P.M.)
8a. AD~)roval of Application to Demolish a Structure Over 50 Years Old Located al
1080 Helen Avenue
Regular City Council Meeting
September 1, 2004
Page 2 of 10
As previously announced, the applicant has withdrawn their application and no action by
Council is needed at this time.
City Manager Horsley advised that, due to time constraints, a request has been made
for Council to hear item "8c" next on the agenda.
Council consented to take item "8c" out of order on the agenda.
8. PUBLIC HEARING (6:45 P.M.)
8c. Adoption of Resolution Establishing the Schedule of Fees and Rates for
Garbage and Recycling Collection Service for 2004/2005
Finance Director Elton discussed the City's franchise agreement with Solid Wastes
Systems, Inc. Which requires an annual adjustment be made to the garbage and
recycling collection rates. He explained that notice of this Public Hearing was published
in the Ukiah Daily Journal on August 24, 2004.
He advised that this process began when, faced with increasing costs, Solid Waste
Systems submitted a request for a 21.64% increase which staff has reduced. Staff
reviewed the request and Council appointed a subcommittee, consisting of staff and
Councilmembers Baldwin and Andersen, to review the proposed increase after staff's
initial review was completed. He discussed the various sizes of garbage disposal
containers and explained that 60% of the business customers in the City have toter/can
service which is subject to the proposed 6.9% increase. Only the largest generator of
garbage, 286 customers will be subject to the larger increase. It was his opinion that
the need for additional revenue was substantiated by Solid Waste Systems and he
recommended Council adopt a resolution adjusting fees of 6.9% for toter/can service
and 18.75% for bin service as listed in attachment "A" of the Resolution.
Councilmember Andersen initiated discussion with regard to the rates for commercial
and residential users and how those rates were listed in the published public hearing
notice. It was his opinion that the notice did not clearly explain the proposed rate
increase.
Councilmember Baldwin inquired if the notice was distributed in the City's utility bills,
and staff responded that it was not included in the utility billing. However, the notice
and report were available on the City's web site and at the counter in City Hall.
City Attorney Rapport explained that the notice meets the legal requirement of the
Ukiah City Code.
City Manager Horsley responded that staff understood the concern and would
increase awareness of the rate adjustment.
Public Hearing Opened: 7:02 p.m.
Members of the audience that spoke to the issue were: Jeryln Harris (representing the
Mendocino County Employers Council) and John McCowen.
Regular City Council Meeting
September 1,2004
Page 3 of 10
Tape lb
Emmett Jones, City of Ukiah financial consultant, advised that he was hired by the City
three years ago to review the rate schedule at that time and is very familiar with the
situation. He detailed the subcommittee's meeting with Solid Waste Systems, and
noted that full explanations were given to the questions asked by the subcommittee. He
continued to discuss the value of recyclables and the commodities marketplace. It was
his opinion that the proposed rate schedule is a reasonable proposal and that neither
the City's commercial or residential subscribers should subsidize the other.
Public Hearing Closed: 7:32 p.m.
Tape 2a
Considerable discussion ensued relative to the public hearing notice, 10-gallon
containers (inserts) and informing the public of their availability, other size containers
available to the public, Workman's Compensation Insurance and health insurance
increases that would affect the expenses of Solid Waste Systems, meeting the City's
percentage goal for recyclables, and whether to continue the Public Hearing to the next
Council meeting to allow for further noticing to the public of the proposed rate increase.
Councilmember Andersen advised that, as a member of the subcommittee, he has
concerns with the increase and expressed his concern with the past business
operations of Solid Waste Systems in other cities and have the subsidiaries interest. He
felt the proposed rate increase warrants more time for consideration.
Councilmember Smith stated it was his opinion that staff has made a thorough
analysis of the costs involved.
Councilmember Baldwin responded by stating that businesses are being hit hard by
inflation and it is his opinion that the City should stay with its current hauler. He
recommended the public hearing be continued to the next Council meeting to allow for
the public to obtain further information since, in his opinion, many people do not
subscribe to the local newspaper or have computers or internet service to access the
City's web site to obtain further information. He stated that the City should strongly
encourage the public to obtain 10-gallon inserts for their garbage containers. He felt the
rates had been analyzed properly.
City Manager Horsley explained that Mr. Jones was hired by the City to conduct an
audit of Solid Waste Systems and he has a great deal of expertise. Ukiah Solid Waste
has been very responsive to the City's concerns and to staff's knowledge; the company
has not been dishonest with the City. For the record, she stated that the garbage
collection discussed only concerns regarding collection within the City limits.
Mayor Larson stated that it is his opinion the proposed rates are justified. In the future,
staff should prepare a public notice that more clearly clarifies the costs of the containers
and include notification to the public in the utility billing and to the media.
Regular City Council Meeting
September 1,2004
Page 4 of 10
Councilmember Rodin voiced her support for the proposed rate increase and noted
that in the future staff should better notify the public, It was her opinion that the City's
rates are lower than most other cities,
M/S Baldwin/Andersen to continue the Public Hearing to a time when staff can be
present and to solicit public input on the matter. Motion failed by the following roll call
vote: AYES: Councilmembers Baldwin and Andersen. NOES: Councilmembers Rodin,
Smith, and Mayor Larson. ABSTAIN: None. ABSENT: None.
M/S Smith/Rodin adopting Resolution 2005-09, establishing the schedule of fees and
rates for garbage and recycling collection services for 2004-2005 Fiscal Year and for
Staff to make a stronger effort to notify the public of these types of matters in the future.
A brief discussion of the motion by some member of the Council followed.
M/S Rodin/Smith amending the motion to add that Staff provides educational materials
to customers regarding the availability of garbage can inserts.
Motion carried by the following roll call vote: AYES: Council members Rodin, Smith,
and Mayor Larson. NOES: Councilmembers Andersen and Baldwin. ABSTAIN: None.
ABSENT: None.
8. PUBLIC HEARING (6:45 P.M.)
8b. lntroduction of Ordinance Rezonin.q Assessor Parcel Number 002-302-55
(Rezone No. 03-56)
Associate Planner Lohse, Project Manager for this project, discussed his Staff Report
to Council and noted the application of the PD Combining Zone will allow the property
owners to divide a 38-unit apartment complex into 38 individually-owned townhouse lots
and a 1.9-acre lot that will contain common use areas, including the access driveways,
storage lockers, and common recreation facilities. He provided background information
concerning the project which was originally constructed in the late 1980's. The property
is located on South Main Street.
The Planning Commission met on June 23, 2004 and voted 4-0 to recommend that the
City Council approve both the Negative Declaration prepared for the project and the
rezone to R-2 PD zoning. It was staff's opinion that the proposed townhouses will fill a
housing ownership gap in Ukiah and will provide an opportunity to buy a smaller, more
affordable residential unit with lower maintenance requirements.
Planning Director Stump discussed the General Plan as it applies to condominium
conversions and noted that this project does not raise displacement issues. This is the
first conversion in Ukiah.
Public Hearing Opened: 8:27 p.m.
Members of the audience that spoke in support of the project were: Richard
Shoemaker, Jim Mulheren, John McCowen, and Judy Pruden.
Regular City Council Meeting
September 1, 2004
Page 5 of 10
Public Hearing Closed: 8:31 p.m.
M/S Smith/Rodin Adopting Negative Declaration prepared for project Rezone No. 03-
56; carried by the following roll call vote: AYES: Council members Rodin, Andersen,
Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None.
M/S Smith/Baldwin Introducing Ordinance by title only; carried by the following roll call
vote: AYES: Council members Rodin, Andersen, Smith, Baldwin, and Mayor Larson.
NOES: None. ABSTAIN: None. ABSENT: None.
Councilmember Baldwin stated that he will not vote for this project because there is a
demand in the Ukiah valley for about 20,000 other houses and it's not the rationale for
taking government action.
Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen,
Smith, and Mayor Larson. NOES: Councilmember Baldwin. ABSTAIN: None.
ABSENT: None.
Deputy City Clerk Ulvila read the title of the Ordinance, "An Ordinance of the City
Council of the City of Ukiah Amending the Official Zoning Map for the City of Ukiah,
California."
M/S Rodin/Smith Introducing Ordinance; carried by the following roll call vote: AYES:
Council members Rodin, Andersen, Smith, and Mayor Larson. NOES: Councilmember
Baldwin. ABSTAIN: None. ABSENT: None.
Councilmember Baldwin requested Council take item "10d" out of order and discuss it
next.
Recessed: 8:35 p.m.
Reconvened: 8:40 p.m.
10d. Consideration and Possible Approval of Revised Road Improvement and
Land Use Agreement- 8/25/04 with Mendocino County
City Attorney Rapport discussed his Staff Report to Council regarding a revised Road
Improvement and Land Use Agreement dated 8/25/04 with Mendocino County which
addresses the two issues identified by the City Council at the February 2, 2004 meeting.
The subcommittees met on July 17, 2004 and agreed to the changes made on the use
of City design guidelines and on the issue of excusing some projects from paying their
proportional share of mitigation costs. He discussed these changes in further detail and
noted that, with these two changes, the subcommittee and City Staff recommend
approval of the agreement. The Mendocino County Board of Supervisors is scheduled
to consider a similar recommendation of the County subcommittee and staff at its next
regular meeting following the City Council's meeting.
Council discussed with the City Attorney and City Manager various aspects of the
agreement. It was noted that Councilmember Rodin and Mayor Larson attended the
subcommittee meeting.
Regular City Council Meeting
September 1,2004
Page 6 of 10
Public comment opened: 8:55 p.m.
Members of the audience that spoke to the issue were Bill Randolph (member of the
City of Ukiah's Paths, Open Space, and Creeks Commission) and Judy Pruden.
Councilmember Rodin thanked Ms. Pruden for recommending to Council that there
should be a narrative document involving the property owners and other interested
parties and for the Council to send this document to the Mendocino County Board of
Supervisors asking them to be supportive the document.
Public Comment closed: 9:04 p.m.
Discussion followed with regard to whether the agreement would be compatible with the
City's Master Plan, and it was noted by City Attorney Rapport that the agreement
does not address the Master Plan; only funding to pay for mitigations. He also noted
that development cannot occur until an ordinance is adopted by the City and the
County.
M/S Smith/Rodin approving revised Road Improvement and Land Use Agreement and
provide a narrative planning document/letter to Mendocino County.
Discussion followed with regard to the power the agreement gives to a governing body,
the obligations of the governing body, CEQA review, the possibility of the City annexing
that area, developing the area, and of the City establishing a better relationship with the
County.
Councilmember Smith called for the question to vote on the motion and to shut off
discussion. Motion failed by the following roll call: AYES: Councilmember Smith and
Mayor Larson. NOES: Councilmembers Rodin and Andersen, and Vice-Mayor Baldwin.
ABSTAIN: None. ABSENT: None. Therefore, further discussion was allowed prior to
Council voting on the motion.
Discussion continued with regard to the document and future planning, traffic impacts,
the feasibility of Caltrans installing hook ramps. It was noted by the City Attorney that
the agreement tries to balance the City and County as separate jurisdictions.
Tape 3b
Motion carried on the original motion Smith/Rodin by the following roll call vote:
AYES: Councilmembers Rodin, Andersen, Smith, and Mayor Larson. NOES:
Councilmember Baldwin. ABSTAIN: None. ABSENT: None.
10. NEW BUSINESS
10a. Adoption of Resolution Making Appointment to the Parks~ Recreation~ anr~
Golf Commission
Deputy City Clerk Ulvila advised that the City Clerk's office provided a News Release
extending the deadline for applications for one vacancy on the Parks, Recreation, and
Regular City Council Meeting
September 1, 2004
Page 7 of 10
Golf Commission, and the only application received was submitted by Mr. Jonah
Freedman.
M/S Rodin/Baldwin nominating Johan Freedman to the Parks, Recreation, and Golf
Commission; carried by the following roll call vote: AYES: Council members Rodin,
Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None.
ABSENT: None.
M/S Baldwin/Smith adopting Resolution 2005-10, Making appointment (Johan
Freedman) to the Parks, Recreation, and Golf Commission; carried by the following roll
call vote: AYES: Council members Rodin, Andersen, Smith, Baldwin, and Mayor
Larson. NOES: None. ABSTAIN: None. ABSENT: None.
9:30 p.m.: Mayor Larson excused himself from meeting.
9:30 p.m.: Vice Mayor Baldwin assumed the chair of the meeting.
10. NEW BUSINESS
10b. Introduction of Ordinance Creating New Article 17 to the Ukiah City Code,
Entitled Grease Interceptors: Installation and Disposal of Waste
Public Utilities Director Ziemianek discussed his Staff Report to Council and
explained that the proposed Ordinance prohibits the discharge of fats, oils and grease
to the City sewer system and treatment plant. It requires the installation and
maintenance of properly sized grease interceptors and/or traps, and allows for the
permitting, monitoring and inspection of facilities using fats, oils, and grease in
significant quantities. Article 17 fulfills requirements anticipated in the National Pollutant
Discharge Elimination System permit.
It was noted by Director Ziemianek that a survey was sent to all businesses in the City
and staff has been in contact with many of the establishments on this matter. Staff will
notify the businesses and work with them to enact a grease interceptor over a period of
time. The goal is to have all of the businesses comply with the new ordinance within 36
months.
Jerry Gall, Wastewater Treatment Plant Supervisor, explained that in order to ensure
the interceptors are property maintained on a regular basis, staff will guide the business
and address issues of the establishments as they arise.
M/S Rodin/Smith introducing Ordinance by title only, carried by the following roll call
vote: AYES: Council members Rodin, Andersen, Smith, and Vice-Mayor Baldwin.
NOES: None. ABSTAIN: None. ABSENT: Mayor Larson.
Deputy City Clerk Ulvila read the title of the Ordinance, An Ordinance of the City
Council of the City of Ukiah Renumbering Article 17 of Chapter 2 of Division 3 of the
Ukiah City Code, as Article 18, and adopting a new Article 17, entitled: Grease
Interceptors, Installation and Disposal of Waste, as amended.
Regular City Council Meeting
September 1,2004
Page 8 of 10
M/S Rodin/Andersen introducing Ordinance as amended; carried by the following roll
call vote: AYES: Council members Rodin, Andersen, Smith, and Vice-Mayor Baldwin.
NOES: None. ABSTAIN' None. ABSENT: Mayor Larson.
10. NEW BUSINESS
10c. Introduction of Ordinance Adding New Article 18 to the City of Ukiah
Municipal Code Entitled Sewer Lateral Testing
Public Utilities Director Ziemianek discussed his Staff Report to Council concerning
inflow and infiltration (l&l), the introduction of rain and ground water to the City's
Wastewater Treatment Plan (WWTP) via the collection (sewer) system, resulting in
significant cost increases to the WWTP Operations and Maintenance budget. Studies
of I&l for the City system were completed in 1977, 1994, and 2004. The reports
conclusions state that as much as 50% I&l can be directly attributed to problems in
privately owned connection laterals. The proposed ordinance requires laterals be
tested and repaired as necessary should the dwelling be sold, transfer of ownership, or
undergo significant remodeling.
Jerry Gall, Wastewater Treatment Plant Supervisor, explained the program and noted
that it is aimed at real estate transaction.s and remodeling of homes. He discussed
options for staff to use with regard to inspecting the lines.
Discussion followed with regard to the proposed Ordinance and the cost of the project.
Council noted the importance of educating the public with regard to this matter.
M/S Andersen/Rodin introducing Ordinance by title only, carried by the following roll
call vote: AYES: Councilmembers Rodin, Andersen, Smith, and Vice-Mayor Baldwin.
NOES: None. ABSTAIN: None. ABSENT: Mayor Larson.
Deputy City Clerk Ulvila read the title of the Ordinance, An Ordinance of the City
Council of the City of Ukiah Renumbering Article 18 of Chapter 2 of Division 3 of the
Ukiah City Code, as Article 19, and adopting a new Article 18, entitled: Sewer Lateral
Testing.
M/S Smith/Rodin introducing Ordinance, carried by the following roll call vote: AYES:
Councilmembers Rodin, Andersen, Smith, and Vice-Mayor Baldwin. NOES: None.
ABSTAIN' None. ABSENT: Mayor Larson.
10. NEW BUSINESS
10e. Discussion Regarding Amendment to the Russian River Watershed
Association Memorandum of Understandinn
City Manager Horsley discussed her Staff Repor~'to Council and advised that the
Russian River Watershed Association has been meeting for over one year and has re-
finalized the MOU Ukiah uses, based on a the North Bay Watershed Association's. The
City Attorney has worked closely with the attorneys from the other agencies and agrees
with the revised language.
City Attorney Rapport briefly discussed the equitable sharing of any liability.
Regular City Council Meeting
September 1,2004
Page 9 of 10
M/S Smith/Baldwin approving amendment to the Russian River Watershed Association
(RRWA) Memorandum of Understanding (MOU), carried by the following roll call vote:
AYES: Councilmembers Rodin, Andersen, Smith, and Vice-Mayor Baldwin. NOES:
None. ABSTAIN: None. ABSENT: Mayor Larson.
11. COUNCIL REPORTS
Councilmember Smith reported that he and Public Utilities Director Ziemianek
attended an NCPA meeting in Murphys, California last week and toured the hydro
facilities there. At the NCPA commission meeting they dealt with some resolutions
extending the power of sale agreement with Shelter Cover and Western's contract
expiring this year. He noted that Director Ziemianek engaged in some important
meetings with NCPA staff and made important contacts.
Tape 4a
Director Ziemianek reported on his meeting with the Army Corps of Engineers. The
Army Corps of Engineers wants to see the City's plant working again. He reported that
he also met with FERC last week and has their support. On September 15ththe Army
Corps of Engineers plans to shut down flow to the Russian River and will do their
inspection. They have a number of structural engineers and will inspect the City's plant
as well.
12. CITY MANGER/CITY CLERK REPORTS
City Manager Horsley reported that another Plaza movie is scheduled for Friday night.
She explained that the speakers were pointed into the Plaza so outlying residents didn't
hear the movie.
She reported that the City has a major water main blow up and we lost one million
gallons of water. She noted how additional reservoir water is so important.
Deputy City Clerk Ulvila reported the City Clerk's Department is currently working with
the archival boxes that are ready for destruction. Itemized lists have been distributed to
various departments and they will be submitted to Council at subsequent meetings.
13. CLOSED SESSION
None
14. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 10:25 p.m.
Marie Ulvila, City Clerk
Regular City Council Meeting
September 1,2004
Page 10 of 10