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HomeMy WebLinkAboutMin 07-05-00MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, July 5, 2000 The Ukiah City Council met at a Regular Meeting on July 5, 2000, the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Smith, Libby, Baldwin (6:32 p.m.), Ashiku, and Mayor Mastin. Staff present: Police Administrative Sergeant Dewey, Finance Director Elton, Assistant City Manager Fierro, City Manager Horsley, City Attorney Rapport, Deputy Director of Public Works Seanor, Building Inspector Tuliback, Police Chief Williams, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE City Manager Horsley led the Pledge of Allegiance. PRESENTATION 3a. Phil Dow, Executive Director of Mendocino Council of Governments (MCOG) presented a synopsis relevant to the administrative portions of the existing organization. He stated that MCOG is an organization comprised of the Board of Directors, Policy Advisory Committee (PAC), Executive Committee, Transit Productivity Committee (TPC), Technical Advisory Committee (TAC), Social Services Transportation Advisory Committee (SSTAC), and the Citizens Advisory Committee. He noted MCOG's general responsibilities include the administration of the Transportation Development Act. The enactment of this bill provides for the development of regional transportation planning agencies in California, which is funded from one-quarter cent of the sales tax generated from Mendocino County and is subsequently returned through the State Controller's office to MCOG for program implementation. Each one of the cities within the County has the option to compete for transportation funding which can include safety programs. This year's proposed work program is estimated to be approximately $400,000. He briefly elaborated on administrative and subcommittee responsibilities. He explained funding resources available to the City, per the Transportation Development Act, of which $1,951,000 is available for transit funding. He advised that $80,000 per year has been allocated from the Regional Planning Assistance (RPA), while funding from other sources vary. Funding from the State Transportation Improvement Program (STIP) was discussed, and he noted that MCOG is expected to receive approximately $5.2 million in the year 2000 and $18 million in the year 2002 from STIP funding. He is recommending all funds be spent on County and City of Ukiah roads such as the Willits bypass, Hopland bypass, and the North Hopland expressway. He is recommending the remainder of the funds be allocated to the cities. He further discussed the Transportation Planning Work Program, Transportation Enhancement Activities (TEA) and Regional Surface Transportation Program (RSTP) in which MCOG administers the funds. Upon questioning by Mayor Mastin concerning the $400,000 Railroad Study, Mr. Dow explained that it is a long-range study for the railroad. He discussed NCRA's Five-Year Business Plan and that it is important to look at alternatives and the viability of the railroad as well as its economic impact upon cities near it. He briefly discussed the environmental July 5, 2000 Page 1 of 9 process with regard to the Willits bypass and noted that construction is expected to begin in the year 2004. Council thanked Mr. Dow for his report. INTRODUCTION OF NEW EMPLOYEE 4b. Albert Fierro, Assistant City Manager City Manager Horsley introduced Albert Fierro as the City's new Assistant City Manager and discussed his background working as Vice-President of the Association of Bay Area Governments (ABAG) were he managed a Regional Government Mutual Insurance Pool providing services to 31 cities in the San Francisco Bay Area. Albert and his wife are moving to Ukiah and he started his new position today. Assistant City Manager Fierro stated he is looking forward to a long professional relationship with the Council and the Ukiah community. 5. APPROVAL OF MINUTES Sa. Amended Minutes of Regular Meetinq of June 7, 2000 City Manager Horsley reported the Amended Minutes of the Regular Meeting of June 7, 2000 are presented to Council since there had been previous discussion by Council concerning procedures for amending the minutes, and to ensure that the revisions met with Council's approval. Council accepted the minutes. 6. RIGHT TO APPEAL DECISION Mayor Mastin read the appeal process. 7. CONSENT CALENDAR MIS Ashiku/Smith approving items a through c of the Consent Calendar as follows: Authorized Execution of Amendment No. 4 to the Service Agreement for Juvenile Work Program at Ukiah Solid Waste Disposal Site; Awarded Bid to Rinehart Oil, Inc. for Supply of Petroleum Products for City Facilities in the Amount of $36,059.45; Received Report to Council Regarding Acquisition of Services and Pads to Relocate Two Spacesaver Filing Systems from System Concepts, Inc. in the Amount of $7,320.75. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address Council. NEW BUSINESS 9a. Adoption of Resolution Making Appointments to Planninq Commission, Investment Oversight Committee, and Parks, Recreation, and Golf Commission July 5, 2000 Page 2 of 9 City Clerk Ulvila advised that effective June 30, 2000, there were vacancies on the Planning Commission (1), Investment Oversight Committee (1), and the Parks, Recreation, and Golf Commission (2). A notice was posted and sent to the media regarding the vacancies. The applications received as of the June 23, 2000 deadline are included in the Council packet. She noted the nomination process of Council concerning the vacancies. MIS Baldwin/Smith nominating Joe Chiles to the Planning Commission, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. MIS Baldwin/Smith nominating Judith Waterman (Women's Golf Club representative) to the Parks, Recreation, and Golf Commission, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. MIS Libby/Smith nominating Faye Hefte (Golf-Public Member) to the Parks, Recreation, and Golf Commission, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. MIS Mayor Mastin/Ashiku nominating Monte Hill to the Investment Oversight Committee, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. MIS Smith/Ashiku adopting Resolution No. 2001-01 Making Appointments to the Planning Commission, Investment Oversight Committee, and the Parks, Recreation, and Golf Commission. Councilmember Baldwin noted during the Budget Hearings, there was discussion of an alternative method of appointing Planning Commissioners, and he would like the matter brought back to Council for discussion. City Manager Horsley reported at the next Council meeting, there would be discussion concerning election items for consideration, and staff will also bring that issue before Council for consideration. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 9b. Adoption of Resolution Declarinq 190 Rupe Street a Public Nuisance and City Council Intent to Commence Abatement Proceedings City Attorney Rapport discussed the procedure the City adopted by way of the City Code, based on authority in the Government Code, that provides for the procedure for abating conditions on property in the City that are either a violation of the Uniform Code or constitute a public nuisance, in that they represent a public health or safety hazard. The procedure, involves adopting a Resolution which declares the City Council's intent to declare a particular property to be a public nuisance and in violation of various code sections. Once that Resolution is adopted the process begins and the matter would come before Council, not less July 5, 2000 Page 3 of 9 than 30 days from when Council adopts the Resolution, for a more formal hearing. He continued with details concerning the abatement procedure. City Manager Horsley reported that Mrs. Golden, the property owner, approached the City last week and has been speaking with Planning Director Stump concerning the matter. Staff has advised her that they are willing to work with her, however, they recommend that Council approve the proposed Resolution to be able to continue with the process. City Attorney Rapport advised that the City went through a great deal of effort to obtain voluntary compliance from the property owner before getting to this point, noting that several notices were sent but no responses were received until recently. Building Inspector Tuliback explained that the Building Department has made extensive inspections of the property. On a weekly basis, the structures are continually deteriorating and remain unsecured. He distributed photographs depicting the current conditions of the property and structures. He reported that homeless individuals are making a shelter there, and there are human feces present. Mrs. Golden has signed for certified mailings but has not responded to staff. He recommended Council proceed with the abatement process. He discussed the impacts of the property to businesses in the area. MIS Baldwin/Ashiku adopting Resolution No. 200'1-02, Declaring the Property Located at 190 Rupe Street a Public Nuisance and Its Intent to Commence Abatement Proceedings Pursuant to Ukiah City Code Sections 3300 Et Seq. Discussion followed concerning the amount of time the process would take. It was reported by City Attorney Rapport that the City would have to wait 30 days, and under the state statute after the first notice is given, they have to wait 45 days. Even though under the City Code staff could bring the matter back to Council in 30 days, they will not bring it back until the 45 days has run. City Manager Horsley explained that staff plans to work closely with Mrs. Golden and a concern has been made that repairs would not be made until early fall, and that there is a need to have repairs made prior to the onset of winter. Staff hopes the action taken by Council at this meeting will assist in expediting the level of activity at the property. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 9c. Award of Bid for Ukiah School Safety Radio Communications Network to Masterson Communications in the Amount of $30,262.29 and Approve School Safety Radio Communication Network Proiect Police Chief Williams advised that earlier this year, the Police Department applied for a technology grant and were recently informed that they have authorization to proceed. The purpose of the program is to enhance local law enforcement technology to address problems relating to crime suppression and prevention. Through the School-Based Partnership Grant, it was detem-~ined that one of the problems affecting the School District and the Ukiah Police Department was effective first-party communication between responding emergency July 5, 2000 Page 4 of 9 personnel and school officials at the scene of an incident. The Ukiah Unified School District and the Ukiah Police Department propose to take an existing, proven, radio communication network, and create a complete Ukiah School District - School Safety Communications network. This communications network will include a dedicated radio frequency, the addition of base radio stations for the Communication Centers, and the deployment of portable radios to all schools in the community and responding law enforcement personnel. All responding Officers will then have the ability to communicate directly with School Officials as they respond in their patrol cars to an emergency crisis situation and by portable radio while involved in the incident. MIS Libby/Smith awarding bid for Ukiah School Safety Radio Communications Network to Masterson Communications, in the amount of $30,262.29, and approving the Ukiah School Safety Radio Communications Network Project with the expenditure of grant funds from account 250.2001, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 9d. Discussion and Action Related to Continqency Plan for the Taylor Drive Transfer Station City Manager Horsley advised that Mendocino County recently approved the final EIR and Use Permit for the Transfer Station. On March 23, 2000, a Petition for Writ of Mandate on the Transfer Station was filed with the County of Mendocino naming Solid Wastes Systems, Inc. (SWS), North Bay Corporation, and the City of Ukiah as Respondents. The current amended contract for the transfer station calls for it to be built by December 2000. Council directed staff to investigate possible contingency plans that would allow more flexibility on the Transfer Station construction date. She reviewed the various contingency options researched and considered. Staff worked closely with Mendocino County staff and with the Waste Management section of the County to discuss various options, including being able to transfer wastes. After each option was analyzed, the one that appeared to have the best option was to study the additional capacity of the landfill, if there was any, and what that capacity would equal as far as additional months to the life of the landfill. Council directed staff to initiate this study, which they did. EBA Wastechnologies has advised the City, after completing their calculations and in expectation of the Willits Transfer Station being completed by November 2000, that the Ukiah Landfill can remain open until June 2001. In speaking with SWS, they have agreed to complete the final design of onsite and offsite improvements, obtain all grading and State required permits, and begin the preparation of the Taylor Drive site before the winter season in anticipation of a June 2001 construction completion date. This is not caused by SWS not being able to fulfill their duties, but was due to an agreement that was reached between the parties because of extenuating circumstances. SWS has also stated that, whatever happens with the lawsuit, unless there is a Stop-Stay Order by the court, they will complete the transfer station by the June 2001 deadline. If Council approves the proposed terms, staff will prepare an agreement with SWS for Council's approval. Councilmember Baldwin inquired if the current contract is for the completion date of July 5, 2000 Page 5 of 9 December 2000. He also inquired why the City's decision to extend the life of the landfill would change the timeline for construction of the site. City Manager Horsley explained that the current contract calls for completion in December 2000. The only reason the City looked at the possibility of extending the life of the landfill was to allow for additional time for construction of the site and for the Closure/Post-Closure Plan. Mayor Mastin announced that a fax was received today from Waste Solutions Group for Council consideration of a proposal concerning this matter. Jim Salyers, President of SWS felt the timeline for obtaining the building permit could be moved up two weeks. He discussed the timeline for items during the construction process and that they would have the grading completed prior to winter. City Attorney Rapport advised there is adequate protection under the contract due to the bond requirements, which he explained in detail. City Manager Horsley read the list of sureties outlined in the contract. Mayor Mastin inquired as to SWS' contingency plan should the facility not be up and running by June 4, 2001. Mr. Salyers stated that if they are not ready by June 4, 2001, they will transport the garbage out of the County and will make sure the City of Ukiah has an appropriate disposal option for garbage. He further discussed how they would handle such a situation. He explained that their Use Permit is in place, they will have their Solid Waste Facilities Permit by August 2000, and discussed various hauling options. City Manager Horsley advised that she has been working with Mendocino County staff to investigate contingency plans including consideration of using the Willits Transfer Station for a short time. Councilmember Baldwin inquired about the relationship between SWS and EBA Wastechnologies. He also inquired if the City contracted with EBA to conduct a study of the capacity of the landfill. Mr. Salyers advised that EBA is their contractor/consultant and are designing the Transfer Station. City Manager Horsley explained that EBA has written the City's Closure/Post-Closure Plan for the landfill, and they are landfill and garbage specialists. City Attomey Rapport noted that EBA has been doing contract work for the City's landfill for about 10 years. He respects their professional judgement in preparing a timeline for the Landfill. July 5, 2000 Page 6 of 9 Discussion followed concerning the Study prepared by EBA Wastechnologies and extending the life of the landfill. MIS Ashiku/Smith, approving the extension of the Landfill site closure to June 2001, and directing staff to prepare an Agreement with Solid Waste Systems, Inc. Council discussed extending the contract with SWS. The proposal before Council is to amend the contract to move the beginning date of operation from December 2000, to June 4, 2001. Motion amended AshikulSmith to approve the extension of the Landfill site closure to June 4, 2001, and directing staff to prepare Agreement with Solid Waste Systems, Inc., carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 9e. Adoption of Resolution Establishinq the Schedule of Fees and Rates for Garbaqe and Rec¥clin.q Collection Service for the 2000-2001 Fiscal Year Finance Director Elton advised the provisions of the City's Franchise Agreement with Solid Wastes Systems, Inc. (SWS), for the collection, transportation and disposal of garbage and the recycling of recyclable materials within the City limits of Ukiah requires that an annual adjustment be made to the garbage and recycling collection rates. This adjustment is made by applying a rate factor equal to 75% of the change in the Consumer Price Index (CPI), for two consecutive years following the rate adjustment conducted on or about July 1, 1999. Every third year, the City Council shall conduct a rate hearing to determine what, if any, adjustment should be made to the garbage collection and recycling rates. He referred to the schedule of fees and rates for garbage and recycling collection services, as attached to the proposed Resolution as Exhibit A. He advised that the existing rate for each item was increased by 3.38%. The proposed rate increase would provide a net increase of 2.8% to SWS. They will automatically incur an additional franchise and billing and collection fee on the increased revenue. He further explained how the fee is calculated. The contract states that the rate will be increase 75% of CPI. It also requires the payment of the franchise and billing fees to the City and any fees that the City increases will be passed on to the garbage rate. Considerable discussion of the rate increase and aspects of the current contract followed. Staff explained how the percentage of increase is calculated with the CPI. MIS AshikulBaldwin adopting Resolution No. 2001-03, Establishing the Schedule of Fees and Rates for Garbage and Recycling Collection Services for the 2000/2001 Fiscal Year. Mr. Salyers, President of SWS, responded to an inquiry from Mayor Mastin concerning co- mingling recycling, by stating that they are investigating it. Currently, at their location in Santa Rosa, they co-mingle plastic, aluminum, and are looking for a machine that will classify paper and implement single-stream recycling. For the Ukiah site, he has discussed with the City Manager the possibility of acquiring an automated collection system that would involve single-stream recycling. The purchase of this machine may coincide with the opening of the Transfer Station. They anticipate a reduction in the Tipping Fee because of the opening of July 5, 2000 Page 7 of 9 the Transfer Station. It would be an ideal time to implement a new type of collection system with the single stream recycling, and perhaps not cause an increase to the ratepayers. He also responded to an inquiry from the Mayor concerning co-mingling of food waste and yard waste, by stating that he is not familiar with that process. He discussed regulations concerning food waste recycling. Discussion of the annual increase as set by the CPI and conducting an audit and review of the various accounts continued. Councilmember Libby stated that she is not convinced that the increase is necessary at this time. Mayor Mastin explained that the increase is included in the contract. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: Councilmember Libby. ABSENT: None. ABSTAIN: None. 12. CITY COUNCIL REPORTS Councilmember Smith reported that he acted as emcee at the Concert in the Park on June 25 and found the concert very enjoyable. He also attended the fireworks display at the fairgrounds. Councilmember Libby reported attending a Community Development Block Grant hearing and found it very informative. They reviewed the allocations and she requested that it be documented so it would be easy for Council to review the criteria. The Economic Development Financing Committee met but there is nothing new to report. Councilmember Baldwin reported he also attended the recent Concert in the Park and recommended an area be preserved for dancing and that a system be developed se as not to block the view of the stage from those sitting in the audience. Councilmember Ashiku had nothing to report. Mayor Mastin reported this Friday is Fire Marshal Bruce Evans' retirement barbecue at Todd Grove Park. Although he will be unable to attend, he encouraged others to attend. 13. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley reported that a letter and press release has gone out regarding a meeting at Vinewood Park for the Skateboard Committee. Staff will be meeting with interested parties at the Langely property. Another individual has expressed interest in purchasing other portions of the property. She advised that Maria Muldaur will be performing this Sunday at the Concert in the Park and inquired if a Councilmember would be available to host the performance? Councilmember Baldwin inquired if the Ken Fowler Auto Center Site Plan will be coming before Council for review. July 5, 2000 Page 8 of 9 City Manager Horsley advised that the Planning Commission has approved the project. City Clerk Ulvila reported that the City Clerk's office is getting prepared for the November election. The filing period for Nomination Papers is July 17 through August 11, 2000. However, should an incumbent not run for re-election, the filing period for that vacancy would be extended five days, to August 16, 2000. 14. CLOSED SESSION None. 15. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 8:26 p.m. Marie Ulvila, City Clerk July 5, 2000 Page 9 of 9