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HomeMy WebLinkAboutMin 10-04-00MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, October 4, 2000 The Ukiah City Council met at a Regular Meeting on October 4, 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: Libby, Baldwin, Ashiku, and Mayor Mastin. Councilmember absent: Smith. Staff present: Public Works Director Barnes, Community Services Director DeKnoblough, Finance Director Elton, Interim Fire Chief Grebil, Assistant City Manager Fierro, Risk Manager/Budget Officer Harris, City Manager Horsley, City Attorney Rapport, Community Services Supervisor Sangiacomo, Deputy Public Works Director Seanor, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE VFW Chaplain Amos Moss led the Pledge of Allegiance. URGENCY ITEM: Mayor Mastin announced that there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the agenda being posted. The Urgency Item concerns discussion and approval of modification to the Contingency Plan for disposal of County waste prior to completion of the Ukiah Transfer Station, which can be heard under New Business 10-d. MIS Ashiku/Libby to add the Urgency Item concerning discussion and approval of modification to Contingency Plan for disposal of County waste prior to completion of the Ukiah Transfer Station, to be heard under New Business, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 3. PROCLAMATIONS 3a. October 8-14, 2000 is National Fire Prevention Week Mayor Mastin read a Proclamation designating October 8-14, 2000 as Fire Prevention Week in the City of Ukiah. Interim Fire Chief Grebil accepted the Proclamation on behalf of the Ukiah Fire Department and the citizens of Ukiah. He invited everyone to the annual Fire Department Open House on October 14, 2000 and provided Council with a Fire Prevention Care package. 3. PROCLAMATIONS 3b. October is Domestic Violence Awareness Month Mayor Mastin read a Proclamation designating the month of October 2000 as Domestic Violence Awareness Month in the City of Ukiah. Michael Harris a, as Treasurer of the Project Santuary Board of Directors, accepted the Proclamation on its behalf and thanked Council for its long-term support. He noted Council October 4, 2000 Page 1 of 8 is invited to the Project Santuary Clothesline Project on October 13, 2000 in the Civic Center foyer. 3. PROCLAMATIONS 3c. October is United Way Month in the City of Ukiah Mayor Mastin read the Proclamation designating the month of October 2000 as United Way Month in the City of Ukiah. Mark Spalding accepted the Proclamation on behalf of United Way Mendocino-Lake and thanked Council for their support. He introduced Ken Cunningham as the new local representative in the Ukiah community. Ken Cunningham advised that he is looking forward to being part of the United Way programs in the Ukiah community. 4. APPROVAL OF MINUTES 4a. Re,qular Meetin.q of August 2, 2000 MIS AshikulBaldwin approving the minutes of the August 2, 2000 Regular Meeting as presented, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 4. APPROVAL OF MINUTES 4b. Re,qular Meetin,q of Au.qust 16, 2000 MIS BaldwinlAshiku approving the minutes of the August 16, 2000 Regular Meeting as presented, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 4. APPROVAL OF MINUTES 4c. Adioumed Meetin,q of Au,qust 23, 2000 MIS AshikulBaldwin approving the minutes of the August 23, 2000 Adjourned Meeting as presented, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 4. APPROVAL OF MINUTES 4d. Regular Meetin.q of September 6, 2000 MIS Baldwin/Ashiku approving the minutes of the September 6, 2000 Regular Meeting as presented, carried by the following roll call vote: AYES: Councilmembers Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: Councilmember Libby. 5. RIGHT TO APPEAL DECISION Mayor Mastin read the appeal process. 6. CONSENT CALENDAR October 4, 2000 Page 2 of 8 MIS Libby/Ashiku approving items a through j of the Consent Calendar as follows: a. Awarded Contract to Proseed for Landfill Erosion Control in the Amount of $6,950; b. Received Notification to the City Council Regarding the Purchase of a Trickling Filter Bearing Assembly from D.C. Frost Associates for the Sum of $8,391.24; c. Awarded Acquisition of 2-Axle Truck to East Bay Ford Truck Sales in the Amount of $32,947.20 for the Department of Public Works; d. Awarded Bid for High Voltage Line Clearing and Tree Trimming at Various Locations Within the City of Ukiah to Family Tree Service in an Amount not to Exceed $30,000; e. Awarded Bid to Conduct a Russian River Watershed Sanitary Survey to Kennedy/Jenks Consultants for the Amount not to Exceed $18,400; f. Authorized Sole Source Purchase of a Vac-Con Model V350SHA/850 Combination Sewer and Storm Drain Cleaner Demonstrator Unit from Municipal Maintenance Equipment for the Sum of $195,803.11; g. Rejected Claims for Damages from UIla Brunnber,q Rand and David Pashia and Referred to Redwood Empire Municipal Insurance Fund; h. Awarded Contract to Central Striping Service for Street Striping 2000, Specification No. 00-12 in the Amount of $19,089.40; i. Awarded Bid to California Single Ply, Inc. for the Roof Overlay of the Ukiah Civic Center in the Amount of $50,400; j. Received Report to Council Regarding Acquisition of Services From Spencer Brewer For the Management/Production of the 2001 Sundays in the Park Concert Series in the Amount of $7,500. Councilmember Baldwin noted that approximately $70,000 in City service contracts on the Consent Agenda would potentially fall under a Living Wage Ordinance if Council were to enact such an Ordinance in the future. Motion carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address Council. 9. UNFINISHED BUSINESS 9a. Re,qulation Use of Cellular Telephones City Attorney Rapport explained that he was asked by Council to investigate the possibility of regulating the use of cellular telephones while a person is driving a vehicle. It is his opinion that the City could not adopt such regulation. The Vehicle Code preempts operating vehicles on City streets and unless the Vehicle Code specifically authorizes the City to regulate cell phone use or to adopt traffic regulations concerning cell phone use in vehicles, the City doesn't have that authority. Councilmember Baldwin initiated discussion with the City Attorney concerning the Vehicle Code allowing the City to regulate traffic. October 4, 2000 Page 3 of 8 City Attorney Rapport advised that there are specific types of traffic regulation that the City specifically is authorized to do, which he provided examples in his Memorandum to Council. None of those specific types of traffic regulation involve cell phone use. He noted that the authorization must be "expressed" and cannot be implied or inferred from some other authority that is in the Code. Discussion continued between City Attorney Rapport and Councilmember Baldwin concerning cell phone use with regard to laws in other states, traffic control devices, citing individuals for negligent driving when operating a vehicle while using a cell phone. Councilmember Baldwin recommended Council consider banning cell phone use in super markets, restaurants, movie theaters, live theaters, and classrooms. He explained that there would be signs at gas stations advising individuals not to operate cell phones because they are so powerful; they are known to start fires when operated near gas pumps. There was discussion regarding to the use of cell phones while driving a vehicle and also in public buildings. It was noted that the State legislature would be the authority to regulate cell phone use. Councilmember Baldwin advised that he would bring the matter back to Council at a later date. 10. NEW BUSINESS 10a. Adoption of Resolution Authorizing 2000-01 First Round Grant Funding for Community Based, Non-Profit Or.qanizations City Manager Horsley advised that the City received requests for funding from 34 entities, totally $128,554. The subcommittee selected a total of nine entities for funding, totaling $19,425. Several factors were considered such as health, safety, and welfare, which would assist the greatest number of need, meeting the needs of youths and seniors, and also co-sponsored activities with the City or agencies that had not received funding in the last few years. She read the list of organizations selected for funding, program funded, and the amount of funding. Councilmember Libby, who sat on the subcommittee that reviewed the applications, advised that it was a very difficult decision because of so many worthwhile projects. Marvin Trotter, representing the Boys and Girls Club of Ukiah, thanked Council for $4,200 in funding for an Americorp employee. He discussed their fund raising efforts and the various programs offered. He referred to Ukiah Unified School Superintendent Dr. Brawley's letter to the Board of Supervisors recommending use of some of the Tobacco Funds for youth based organizations. Walter Kelly, Executive Director of the Boys and Girls Club of Ukiah, thanked Council on behalf of approximately 700 children who have attended the Boys and Girls Club throughout the year. October 4, 2000 Page 4 of 8 Tom Greenaway, volunteer with the Court Appointed Special Advocate of Mendocino County (CASA), thanked Council for funding their project to recruit volunteers and for training. He discussed staffing for CASA and the need to train and recruit additional volunteers to work with children. Harold Macheral, Commander of American Legion Post 76, thanked Council for funding the purchase of flags to be displayed along State Street. Jerry Erickson, representing Disabled American Veterans, advised that their project is a coalition of three organizations: the American Legion Post 76, Disabled American Veterans Ch 50, and Veterans of Foreign Wars, and they plan to install 466 flags on State Street from Empire Drive to Talmage Road. He discussed the timeframe for installation of the flags to correspond with Memorial Day and the moving the Vietnam Memorial Wall. He thanked Council for funding. Mary Lindley thanked Council for their funding of installation of flags in Ukiah. Edward Dick, representing the Victim Offender Reconciliation and Juvenile Assault programs, discussed the programs and the positive affect on the community at large. He thanked Council for their funding support. MIRC Ashiku/Libby Adopting Resolution 2001-22 authorizing 2000-01 First Round Grant Funding for community Based, Non-Profit Organizations. Councilmember Baldwin explained that he preferred that the funds not be used for political or religious advocacy. Motion carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 8. PUBLIC HEARING (7:00 P.M.) 8a. Conduct Public Hearinq to Consider a Proposed Reduction to Certain Landfill Tir~Dino Fees and Adopt Resolution Revising Portions of Resolution Nos. 2000-01 and 99-06 Pertainin,q to Tipping Fees Charqed for Compacted and Loose Refuse Delivered to the Ukiah Landfill Deputy Director of Public Works Seanor advised the proposal is to revise landfill tipping fees charged for compacted and loose refuse delivered to the Ukiah Landfill. The proposed changes to the current tipping fees reflect a reduction in the Mendocino Solid Waste Management Authority (MSWMA) surcharge that became effective September 1, 2000. MSWMA surcharge was reduced from $5 per ton for waste that is buried in the Landfill, to $4.50 per ton. He discussed the current tipping fee charged and proposed fee reduction to commercial haulers serving the customers within the County unincorporated areas and also for the new service area. He explained the wording in Resolution 99-06 and 2000-01 relating to whether or not the MSWMA surcharge is included in the tipping fee. Staff is not proposing a change in the current tipping fee for the City of Ukiah's October 4, 2000 Page 5 of 8 franchise hauler at this time because the tipping fees will need to be adjusted when the Taylor Drive Transfer Station is opened for business. It is proposed that the adjusted tipping fees be effective on November 1, 2000, in order to facilitate billing cycles. City Manager Horsley explained that the City is currently discussing commingling of recyclables that could have a possible additional charge due to the purchase of three new bins for each residential customer. Also, when the Transfer Station is opened, there will be a reduction in the tipping fee or charge to City residents. Staff is recommending the money be held, which will go toward the post-closure fund for the Landfill, so that we don't have to print all of the new rates and then have to redo the rate structure again within six months. Paul Caylor, 568 Donner Lane, employee of Mendocino County, thanked the City Manager and Mr. Seanor for explaining the Council meeting dates. He discussed the billing cycles of garbage haulers and supported the recommendation to have the rate change effective November 1, 2000. He thanked Council for considering the rate decrease. Public Hearing Opened: 7:18 p.m. No one came forward. Public Hearing Closed: 7:18 p.m. MIS BaldwinlAshiku adopting Resolution No. 2001-23, Revising Portions of Resolution Nos. 2000-01 and 99-06 pertaining to Tipping Fees charged for compacted and loose refuse delivered to the Ukiah Landfill, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 10. NEW BUSINESS 10b. Consideration and Adoption of Resolution Approvin,q Memorandum of Understanding for Employee Bar.qainin.q Unit - Miscellaneous Unit City Manager Horsley explained that the matter would be discussed during Closed Session. 10. NEW BUSINESS 10c. Consideration and Adoption of Resolution Approvin.q Memorandum of Understanding for Employee Bar,qainin.q Unit - Fire Unit City Manager Horsley explained that the matter would be discussed during Closed Session. 10d. Council Discussion and Approval of Modification to Continqency Plan for Disposal of County Waste Prior to Completion of the Ukiah Transfer Station City Manager Horsley advised she received a letter from Paul Caylor, Solid Waste Division Director for Mendocino County, discussing the situation with the Willits Transfer Station. Jerry Ward, CEO of Solid Wastes of Willits, informed the Willits City Council last week that he will not be meeting his contract deadline of November 1,2000 for the opening the Willits Transfer Station, and that it is now scheduled to open on November 30, 2000. October 4, 2000 Page 6 of 8 Mr. Caylor's letter inquired about the City of Ukiah's stance concerning Willits continuing to enter the City of Ukiah Landfill after November 1, since Ukiah's Contingency Plan was based on waste stream calculations dependent on the Willits Transfer Station being opened by November 1, 2000. Staff is recommending that Council approve Willits continuing to dispose of their waste at the City of Ukiah Landfill, if they first agree to allow the entrance of County waste from the area surrounding the City of Ukiah to be deposited for up to two months at the Willits Transfer Station at any time before the Ukiah Transfer Station on Taylor Drive is opened. This would alleviate the City of VVillits from having to find another site for a month and it would provide the County surrounding area to deposit their waste, if need be, and provides a win-win situation for both the County and City of Willits. Paul Caylor Mendocino County Solid Waste Director, advised that the County currently has a request to the City of Willits in terms of the contingency plans in case the Taylor Drive Transfer Station is not operational by the June 2001 deadline. The County has a request to the City of Willits for emergency access for up to six months. He noted that no provisions for emergency access were identified in the environmental document for the Willits Transfer Station. A brief discussion followed concerning the matter and Council thanked staff for their work to resolve the issues. MIRC MastinlAshiku Authorizing the City Manager to forward a letter to the City of Willits and County of Mendocino relative to changes to the previously approved Contingency Plan, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 12. CITY COUNCIL REPORTS Councilmember Libby reported that the Ukiah Valley Cultural Recreation Center is moving along. There was an article in the paper that the Board of Supervisors were going to provide $1 million from the tobacco settlement, but that is not the case at the present time. She noted that the Ukiah Community Center provided two new desks to the Boys and Girls Club. She reported that MCOG approved approximately $900,000 for the repavement program. Mayor Mastin advised that the Hate Crimes Public Forum was held on September 19, 2000 and was broadcast live on KZYX radio. The Hate Crimes Commission will meet again next week to incorporate some of the issues and suggestions that were brought up at the Forum into the draft an MOU, and then it will be given to the City Council and Board of Supervisors for comment. The Mendocino Brewing Company Red Tail Ale Music Festival was held on September 30 in the Plaza and several hundred people attended during the day. 13. CITY MANAGER/DIRECTOR REPORTS October 4, 2000 Page 7 of 8 City Clerk Ulvila advised that she has been E-mailing Agendas to more people since E- mail was installed on her computer. A list is being compiled of those requesting Agendas be sent to them on a regular basis. City Manager Horsley noted that E-mailing Agendas saves money in postage and in paper for photocopying. Recessed at 7:31 p.m. Reconvened at 7:39 p.m. Adjoumed to Closed Session: 7:39 p.m. 13. CLOSED SESSION a. G.C..~54957.6 - Conference with Labor Neqotiator Employee Negotiations: All Units Units Labor Negotiator: Candace Horsley Reconvened at 8:28 p.m, 10. NEW BUSINESS lOb. Consideration and Adoption of Resolution Approving Memorandum of Understandinq for Employee Bar,qainin.q Unit- Miscellaneous Unit M/RC Ashiku/Baldwin Adopting Resolution 2001-24 Adopting Resolution adopting Memorandum of Understanding between the City of Ukiah and the Miscellaneous Unit, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 10. NEW BUSINESS 10c. Consideration and Adoption of Resolution Approvin.q Memorandum of Understandin,q for Employee Bar.qainin.q Unit - Fire Unit M/RC Baldwin/Ashiku Adopting Resolution 2001-25 Adopting Resolution adopting Memorandum of Understanding between the City of Ukiah and the Fire Unit, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 15.ADJOURNMENT There being no further business, the City Council meeting was adjourned a 8:30 p.m. Marie Ulvila, City Clerk October 4, 2000 Page 8 of 8