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HomeMy WebLinkAboutMin 02-17-93MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - February 17, 1993 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:33 p.m., in the Council Chambers of the Civic Center, 300 Seminary Avenue. Roll was taken and the following Councilmembers were present: Mastin, Malone, Shoemaker and Mayor Schneiter. Councilmember Wattenburger was absent. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Public Works Director Goforth, City Engineer Beard, Community Development Director Harris, Police Captain Budrow, Electric Utility Director Barnes, Ukiah Airport Manager Bua, Public Works Administrative Analyst Goodrick, and Director of Public Safety Keplinger. INVOCATION/PLEDGE OF ALLEGIANCE The Community Development Director delivered the Invocation and Mayor Schneiter led the Pledge of Allegiance. 4. Introduction of New EmDloyees Captain Budrow introduced Donna Boyd, Public Safety Dispatcher, and provided a brief biography for Council. He noted the other new dispatcher, Stacey Porter, was unable to attend due to illness. 5. ADDroval/Correction of Minutes M/S Malone/Shoemaker to approve the minutes of the regular meeting of February 3, 1993, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. ABSENT: Councilmember Wattenburger. 6. Riqht to Appeal Decision Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR The City Attorney provided Council with an amended Lease Agreement, Item 7g. Approval of Airport Lease Aqreement with Robert Veal and Authorize the City Manaqer to Execute. He explained the amended wording provides for assignment of lease in case of death of the lessee, Robert Veal, and advised it is not necessary to pull this item from Consent, unless the Council so desires. Councilmember Shoemaker pulled Item 7f. Adoption of Resolution Approvinq Final Subdivision Map No. 91-4, Myszka Hiqhland Estates. It then became New Business Item lle. M/S Shoemaker/Malone to approve the Consent Calendar as follows: 7a. Approved the Payroll Warrants, #46015 to #47100, from January 17, 1993 to January 30, 1993, in the amount of $143,366.49, and the General Warrants of February 17, 1993, #59044 to #59238, in the amount of $712,697.46. 7b. Adopted Ordinance No. 934, amending Division 2, Chapter 5 of the Ukiah City Code, Entitled: For Hire Vehicles. 7c. Rejected all bids for various Petroleum Products, and directed staff to re-advertise and re-solicit bids. 7d. Approved the Landfill Workplan Addendum as presented by EBA Wastetechnologies for the estimated additional cost of $20,903; and, further, authorized a $20,903 budget augmentation by transfer from Landfill Reserve Fund No. 661 to the Solid Waste Disposal Site Operations Account No. 660-4301-270, for the purpose of funding such additional work. 7e. Accepted the letter of resignation from Airport Commissioner Wes Housman and directed the City Clerk to advertise the one vacancy on the Parks and Recreation Commission, the Golf Course Committee and the Airport Commission, as per City of Ukiah legal requirements. 7g. Approved the Lease Agreement with Robert Veal for a unimproved parcel of land at the Municipal Airport for a term of 45 years, and authorized the City Manager to execute. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 8. Audience Comments from the Audience No one came forward. UNFINISHED BUSINESS 9a. Adoption of Resolution Establishinq Fees for Administration Services in the Requlation of Municipal Code Sections "For Hire Motor Vehicles" The Finance Director reported this Resolution is regarding the proposed fees which cover administrative costs for regulating taxi service, and has been published for public notice. She noted these fees will be paid by any taxi company which is allowed to operate under the new Taxi Ordinance and do not exceed the cost of providing these services in compliance with Proposition 4. M/S Shoemaker/Malone to adopt Resolution No. 93-51, Establishing Fees for Administration of Chapter 5, Division 2 of the Ukiah city Code regulating "For Hire Vehicles." The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker. and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 9b. Introduction of Ordinance Amendinq Code to Allow Non-City Residents (2) on Airport and Parks and Commissions and Creatinq Attendance Guidelines Recreation The Assistant City Manager reported as the Airport and Parks and Recreation facilities serve with a regional focus, which was acknowledged by the Council at it's last meeting, it is appropriate to allow individuals living outside the City but within the City of Ukiah's sphere of influence to serve on these two commissions in an advisory capacity to Council. She noted it also has been difficult at times to acquire applications for these two Commissions, and hopefully this will allow a larger number of interested people to apply. Councilmember Malone expressed his desire that if an Airport or Parks and Recreation Commissioner moves, they should be allowed to retain their seat on the Commission to provide continuity. The City Attorney advised the wording in the Ordinance only allows for two members who may reside outside the City limits but within the sphere of influence as approved by the Local Agency Formation Commission. He also noted it provides for removal due to unexcused absences. M/S Malone/Mastin to read the Ordinance for its first reading. unanimous voice vote of all AYE. title only of the proposed The motion was carried by a The City Clerk read the title of the proposed Ordinance. Reg. Mtg. February 17, 1993 Page 2 M/S Shoemaker/Malone to introduce the Ordinance Amending Division 1, Chapter 4, Articles 1, 3 and 5 of the Ukiah City Code to allow up to two members of the Ukiah Parks and Recreation and Airport Commissions to live outside the City limits. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker. and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 9c. Consider Postponement of Implementinq New Landfill Rate for Mixed Self Hauled Loads Pendinq Further Study Staff clarified the events and issues regarding the implementation of the new rates at the landfill which was approved January 20, 1993 by Council, and explained the circumstances pertaining to staff's request to postpone the implementation date from March 1 to April 1. Discussion ensued regarding actual loads received at the site which fit into this category, and the proposed educational literature. Councilmember Shoemaker indicated the one businessman which appeared before Council to request a variance procedure at the January 20 Council meeting, has declined recycling assistance from Keep Mendocino Beautiful. Mayor Schneiter noted letters received from Nancy Verville and as requested, read the letter received from Gael Kreider, both urging continuation of Ukiah's recycling and separation efforts. Stephanie Hoppe, 612 West Standley Street, encouraged Council to move forward with recycling efforts, and noted a variance procedure would create a negative image. She noted if people don't want to pay more to dump their garbage, then they should separate out the recyclables. James Connerton, 906 N. Oak Street, encouraged Council to go through with their proposed rate structure instead of turning away non-sorted trash, which may then be dumped illegally. Elly Seagull, N. Oak Street, noted she owns a business which has reduced their waste from three bags a week to one bag each three weeks due to their recycling efforts. She feels everyone should recycle to save our future. John McCowen, P.O. Box 454, stated he has no problem with this requested delay, especially if it will provide more education for the public. He encourages a mandatory recycling requirement for everyone. Ann Gould, P.O. Box 643, commented the delay is fine as long as it is not to accommodate one person or business complaints. Frank Broderick, 612 West Standley Street, stated Council already has imposed a variance procedure for people who don't want to recycle, and that is to pay double. He encouraged Council to implement this program now. Parker Stein, 3500 Deerwood Drive, noted he has watched landfill issues trying to get off the ground for many years, noted the County landfill closures are overdue and feels governmental staffs need to address these issues now. Councilmember Malone indicated recycling is the right thing to do, although inconvenient for a business and noted staff should be able to work out the details of how to implement Council policy. Discussion ensued regarding implementation procedures. implementation dates and Reg. Mtg. February 17, 1993 Page 3 M/S Shoemaker/Mastin to move forward with this action and implement this program April 1, 1993, so that the education program can be put in place first. Staff can bring back in any program modifications, which should include flexibility at the landfill site as to how materials will be handled. The motion was carried by a unanimous voice vote of all AYE. NEW BUSINESS 10a. Approval of Water System Interconnection Aqreement with Millview County Water District and Authorize Mayor to Siqn Aqreement The Public Works Director reported a interconnection agreement has been successfully negotiated with Millview Water District staff and is awaiting approval by it's Board of Directors. He noted this agreement is similar to the agreement the City has with Willow Water District. He explained this agreement allows transfer of water in an emergency or during planned equipment repairs in an amount to cover production costs only, which equals 35 cents per thousand gallons. M/S Shoemaker/Malone approved the interconnection agreement as provided, between the City of Ukiah and the Millview Water District; authorized staff to work with Millview County Water District staff to finalize intertie design; authorized the Mayor to execute the agreement on behalf of the City of Ukiah; authorized staff to proceed jointly with Millview to construct the intertie facility and to set mutually acceptable time and location for signing ceremony. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. ABSENT: Councilmember Wattenburger. 10b. Adoption of Resolution Authorizinq city Manaqer to Establish Equipment Use Rates The city Manager reported the city of Ukiah occasionally performs work for the general public which is subject to total cost reimbursement, such as repairs to street signs, power poles and traffic signals, damaged by accidents; new utility hook ups, and force account work for projects eligible for emergency and grant funding. He explained the Ukiah Municipal Code has no provision for establishing or revising city owned equipment rental rates but allows the City Manager to be delegated the responsibility in Code Sections 106 and 120. He noted the City Attorney has prepared an enabling resolution and advised a Public Hearing will be conducted by the City Manager for setting the actual rates, in which factors such as Cal-Trans and local rental company rates will be used for developing actual rates. M/S Malone/Shoemaker to adopt Resolution No. 93-52, authorizing the City Manager to establish rates for charging for the use of City owned equipment. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. ABSENT: Councilmember Wattenburger. 10c. Adoption of Resolution Reqardinq Golf Course Committem i. Amendinq Youth Member Desiqnation, ii. Appointinq Park and Recreation Commission Representative The Assistant City Manager/Community Service Director reported there have been no youth member applicants for the one vacancy on the Golf Committee, as approved by Council in August of 1992. Therefore, staff is requesting an amendment to the Resolution which allows the option of a youth member. She reported the Parks and Recreation Commission has appointed Allan Carter as their representative on the Golf Course Committee. She noted the proposed Resolution provides for both these changes to the Golf Course Committee. Reg. Mtg. February 17, 1993 Page 4 M/S Mastin/Schneiter to adopt Resolution No. 93-53, amending Resolution No. 93-9, establishing Golf Course Committee and appointing Allan Carter as Parks and Recreation Commission representative, replacing Robert Farnbach. The motion was carried by the following roll call vote: AYES: Councilmember Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None Absent: Councilmember Wattenburger. 10d. Approval of Fiscal Year 1993-94 Budqet Formulation Schedule i. Set Date for Council/Staff Pre-Budget Goal Settinq WorkshoD It was the consensus of Council to set the time and date for the Pre-Budget Goal Setting Workshop starting at 7:00 a.m. on March 24, 1993. Recess - 7:40 p.m. Reconvened - 7:47 p.m. It was the consensus of Council to set the dates of June 22, 23, and 24, 1993 for Budget Hearings. 10e. Final Subdivision MaD No. 91-4, Myszka Hiqhland Estates 110 South Hiqhland Avenue Councilmember Shoemaker stated he pulled this item of business for discussion as he has received complaints regarding erosion that is causing siltation of the sidewalks, streets, and stormdrains with dirt running into Gibson Creek during rainstorms. Staff indicated they will contact the project engineer and the owner requesting them to mitigate these concerns. Councilmember Shoemaker noted that if proper seeding and straw placement is done correctly, no siltation should occur. Discussion ensued regarding the condition and possible delay of approving the final subdivision map. The Community Development Director commented that staff will continue to monitor this until actual construction begins. Councilmember Shoemaker stated he would like this problem taken care of now and not after construction starts. He explained that in his field of expertise, a 3% slope is enough to cause erosion and siltation problems. M/S Schneiter/Malone to adopt Resolution No. 93-54, approving Final Subdivision Map No. 91-4, Myszka Highland Estates (Thomas P. Hill). The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, and Mayor Schneiter. NOES: None. ABSTAIN: Councilmember Shoemaker. Absent: Councilmember Wattenburger. CITY COUNCIL REPORTS Councilmember Mastin Reported on the Ukiah Community Center Board meeting he attended. Councilmember Malone Reported on the Main Street Dinner Dance, the Sun House Guild meeting and the Chamber of Commerce meeting he attended. Councilmember Shoemaker Reported on the Mendocino Solid Waste Joint Authority meeting he attended today. Powers Mayor Schneiter None. Reg. Mtg. February 17, 1993 Page 5 CITY MANAGER/DEPARTMENT HEAD REPORTS The City Manager distributed a draft agenda of the proposed Council Landfill Workshop which will be held after receipt of the report from EBA Wastetechnologies. ADJOURNMENT There being no further at 8:04 p.m. CCMIN.122 business,/the meeting was / c~thy McKay CMC/~AE, adjourned City Clerk Reg. Mtg. February 17, 1993 Page 6