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Home My WebLink Aboutmin 04-02-86303 Mayor Myers Noted that the Redwood Empire Division of the League of California Cities would like to hold their May meeting in Ukiah. CLOSED SESSION The City Attorney recommended that Council go into Closed Session regarding the Pending Litigation Section of the Brown Act which authorizes litigation. M/S Kier/Kelley to go into Closed Session to discuss the following: Authorizing Litigation: The motion was carried by a unanimous voice vote. NOES: None. RECESS: 9:33 P.M. The Council went into Closed Session at 9:35 p.m. The Council reconvened at 9:45 p.m. M/S Kelley/Henderson authorize the City Attorney to file a suit for declaratory relief on behalf of the City of Ukiah against Modern Disposal. The motion was carried by a unanimous voice vote. NOES: None. ~d~ournment There being no further business, the meeting was adjourned at 9:47 p.m. Yvette S. Hayes City Clerk Reg. Mtg. April 2, 1986 Page 5 301 M/S Hickey/Henderson to renew the Joint Powers Agreement which creates the Mendocino Transit Authority. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley, and Mayor Myers. NOES: None. NEW BUSINESS 12a. Proposed Lease Water Well Location - Dwayne "Red" Wright The City Manager explained the proposal requested by Mr. Wright. M/S Kier/Hickey authorize the execution of the lease with Mr. Dwayne "Red" Wright for the use of a piece of property at the City's Water Well Site, east of the freeway, for the purpose of raising glad-bulbs. The motion was carried by a unanimous voice vote. NOES: None. 12b. Discussion of Proposed Lease Conditions and Terms - Airport The City Manager stated that the Public Works Department had prepared the staff report in this matter and asked the Public Works Director to present the same. The Public Works Director reviewed a proposal from Mr. Howard and Mr. Kitchen regarding a restaurant at the airport. There was considerable discussion regarding the proposal and what percent of gross was fair. Mr. Kitchen wanted Council to realize the benefits the City would be getting if a restaurant were located at the Airport. Fred Twigg, employed at the Airport, questioned whether any other tenants at the airport pay a percent of gross. The City Manager replied that the retail nursery business did. M/S Kier/Hickey authorizing the City Manager to negotiate with Mr. Howard and Mr. Kitchen either a fixed lease with CPI adjustments or a percent of gross revenue noting that the Council finds the project favorable. Morey McCloud recounted the F.A.A. agreement the City had proposed. As a result of more discussion regarding appropriate numbers the City Manager could use in his negotiations, Councilmember Kelley requested a friendly amendment that the City Manager negotiate a (30) thirty-year lease for $400 to $500 a month with CPI adjustments or .6% of gross with a minimum of $200 a month. The first motion was amended by the second motion and passed by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley, and Mayor Myers. NOES: None. RECESS: 8:15 P.M. RECONVENED: 8:30 P.M. 12c. Lake Mendocino Financin~ The City Manager reviewed for Council a proposed loan agreement with NCPA. The loan would help to finance the completion of the Lake Mendocino Project. He noted further that the City will retain the right to collect damages from the other parties. There was discussion regarding the time spent negotiating with NCPA. There was review on the terms of the agreement and the refinancing and reissuing of the new monies. The City Manager introduced the Management Team; Ernie Bodnar of Rauscher, Pierce, Refsnes; Carter Cordner of Merrill Lynch; Brad Hart of Kidder Peabody; Eric Seder of Smith Barney. Mr. Bodnar explained the bonds available to the City and the savings the City could receive by reissuing new bonds. Reg. Mtg. April 2, 1986 Page 3 3O2 Councilmember Kelley questioned the availability of bond insurance. Carter Cordner informed Council that insurance premiums would not require a cash outlay, but can be financed through the marketing of issuance. He discussed further the new debt issue versus the old debt issue. Eric Seder explained the position of co-managers regarding bond marketing. The City Manager explained how commissions are received and how they are subject to finding replacement bonds. M/S Kier/Kelley to adopt Resolution No. 86-35, determining to issue additional City of Ukiah Electric Revenue Bonds. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley, and Mayor Myers. NOES: None. M/S Kier/Kelley to adopt Resolution No. 86-36, determining to refund the City of Ukiah Electric Revenue Bonds, Series A. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley, and Mayor Myers. NOES: None. M/S Kier/Kelley to adopt Resolution No. 86-37, appointing underwriters in connection with the refunding of the City of Ukiah Electric Revenue Bonds, Series A. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley, and Mayor Myers. NOES: None. 12d. Approval of Amendment No. 6 - Work Order No. 15 - Tudor Engineering The City Manager introduced the Electric Utilities Director to address the said issue. The Electric Utilities Director explained the new amendment and its advantages over Amendment No. 5. As a result of the negotiating, there will be no carrying charges before April 1, 1986, and that the carrying charges are at the lowest prime rate per month as established by the Bank of America rather than prime plus one percent (1%). Discussion ensued. M/S Kelley/Hickey authorizing the City Manager to execute Work Order No. 15, Amendment No. 6; $175,000 to Tudor Engineering Company. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley, and Mayor Myers. NOES: None. COMMENTS FROM AUDIENCE None CITY COUNCIL REPORTS Councilmember Henderson Stated she would like to attend the League of California Cities Conference in Redding. Councilmember Kier Reported on last City/County Ad-Hoc Meeting. Councilmember Hickey Noted that NCPA will hold its April 24, 1986 meeting in Ukiah. Councilmember Kelley None Reg. Mtg. April 2, 1986 Page 4 299 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - APRIL 2, 1986 The City Council convened in regular session at 6:30 p.m., in the Ukiah Unified School District Board Room. Roll was taken and the following Councilmembers were present: Henderson, Kier, Hickey, Kelley, and Mayor Myers. Staff present: City Manager Payne, City Attorney Rapport, Public Works Director Pedroncelli, Electric Utilities Director Roper, Planning Director Harris, Finance Director Vara, Fire Chief Mitchell, Electrical Distribution Engineer Dunn, and City Clerk Hayes. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Myers delivered the Invocation and Councilmember Kelley led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES Councilmember Henderson noted in the Minutes of March 19, 1986, on Page 4, Item llc, the roll call vote was absent from the motion. M/S Hickey/Kelley to approve the City Council Minutes of March 19, 1986, Regular Meeting, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley, and Mayor Myers. NOES: None. M/S Kelley/Hickey to approve the City Council Minutes of March 25, 1986, Adjourned Regular Meeting, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley, and Mayor Myers. NOES: None. PROCLAMATION - CHILD ABUSE AWARENESS MONTH Mayor Myers read the Proclamation acknowledging April as Child Abuse Awareness Month and presented the same to Betsy Thomson and Terry Bakster. SPECIAL ORDER OF BUSINESS Discussion with Architect Victor Lopes - Yokayo Site Mr. Lopes reported that he is still working with the contract documents, in addition, he is waiting for the final review of Council's decision of the March 25, 1986 meeting, by the City Attorney. He noted he would need a week's extension in preparing the documents if the City Attorney and R.E.M.I.F. find segregating the documents to be favorable. The City Manager informed Council that he had contacted R.E.M.I.F. regarding the segregated contract issue. R.E.M.I.F. could not provide any additional information on how the City could additionally cover itself. The City Attorney expressed his concerns regarding the proposal. Mainly, several contractors versus one contractor could cause complex problems and ultimately delays. Mr. Tom Myers expressed concern regarding the two gate system; union and non-union working together. The City Manager stated that unilaterally staff and the City Attorney, would stay with the project during the construction phase. Mr. Lopes noted he would do the principal inspections and coordinate payments. The City Attorney stated he was pleased with the lengthy discussion so all would be aware of the complexity of the proposal. M/S Kier/Kelley that all proceed with Council's decision of the March 25, 1986, meeting. The motion was carried by the following roll call Reg. Mtg. April 2, 1986 Page 1 3OO vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley, and Mayor Myers. NOES: None. RIGHT TO APPEAL DECISION Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR M/S Hickey/Henderson to approve the Consent Calendar, Item 8a, 8b, 8c, 8d, 8e, 8f, and 8g as follows: 8a. Approved Payroll Warrants of April 2, 1986, #9667 to #9809, in the amount of $83,438.46. 8b. Approved General Warrants of April 2, 1986, #31230 to #31329, in the amount of $682,929.24. 8c. Denied Claim for Damages, Stephen J. Thatcher, and Referred Matter to Insurance Carrier. 8d. Adopted Resolution #86-32, authorizing the City Manager to execute an agreement for mutual fire protection aid with the State of California, Department of Forestry. 8e. Adopted Resolution #86-33, authorizing an application to the Mendocino County Local Agency Formation Commission for the Caldwell Frontage Road Reorganization. 8f. Adopted Resolution #86-34, authorizing the Director of Public Works to execute the right-of-way certification for South State Street improvement project. 8g. Approved the Report of Administrative Actions and Proposals (R.A.A.P.) The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley, and Mayor Myers. NOES: None. PUBLIC HEARING 10a. Appeal of Plannin~ Commission Denial of Use Permit No. 86-41 - Western Developers The City Manager informed Council that the Public Hearing Notice was not sent to all the property owners. It should be readvertised and noticed. M/S Kier/Hickey to postpone the said Public Hearing to the April 16, 1986 City Council meeting. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley, and Mayor Myers. NOES: None. PETITIONS AND COMMUNICATIONS 9a. Sheriff's Air Squadron Status Report - June 22 Air Show The City Manager noted that Paul Richey had sent a letter to Council regarding the Air Show of June 22, 1986. He invited him to address the Council. Mr. Richey explained the insurance coverage they will have, they will provide a Certificate of Insurance and a list of the events to the City, and informed all of the events being invited. Noted further that Federal Express may donate their revenues to Plowshares. Extended a special invitation to Council and expressed that it was the committee's intent that the Air Show be a community event rather than a flyer's affair. No action was taken. UNFINISHED BUSINESS lla. Matter of MTA Joint Powers Agreement The City Manager considered the recent letter from MTA's General Manager, Bruce Roberts, which indicated that MTA has obtained liability insurance. Reg. Mtg. April 2, 1986 Page 2