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HomeMy WebLinkAboutmin 11-20-85257 The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley, Hickey, and Mayor Myers. NOES: None. ABSENT: None. RECESS: 7:55 P.M. The Council went into Closed Session at 8:00 p.m. The Council reconvened into open session at 8:18 p.m. It was announced in open session that during closed session Councilmember Hickey made a motion, which was seconded by Councilmember Henderson, and carried by a unanimous voice vote, authorizing Spiegel & McDiarmid and McDonough, Holland & Allen in association with the City Attorney, to represent the City of Ukiah in P.G.andE. vs. City of Ukiah, et al., provided NCPA votes to fund representation of all NCPA member cities sued by P.G.andE. over the 1982 power purchase from the Western Area Power Administration (WAPA) and the defense of those actions is being coordinated. The City Attorney is directed to monitor and report to the Council on developments in this litigation. The City reserves the right at any time to withdraw its authorization to the Spiegel and McDonough firms or take any other actions it deems appropriate to resolve the litigation. Adjournment There being no further business, the meeting was adjourned at 8:19 p.m. Karl Revheim Recording Secretary Reg. Mtg. November 20, 1985 Page 6 255 letter had been sent to various agencies in the community concerned with housing which advised them that this matter was being considered and the only response was from the Rural Communities Housing Development Corporation. Mr. Harris stated that staff recommended that Council hold the scheduled public hearing, give staff any direction it desired, and defer this matter to the December 4 meeting so that two public hearings could be held before Council and two public hearings could be held before the Planning Commission pursuant to Council policy. PUBLIC HEARING OPEN - 7:20 P.M. Ms. Cheryl Baker, Rural Communities Housing Development Corporation, appeared and explained in detail the functions of the Rural Communities Housing Development Corporation. She further discussed the proposed Housing Element and explained some revisions that she felt were necessary regarding the functions and programs of the Rural Communities Development Housing Corporation which were indicated in the Housing Element. She then passed out a letter she prepared outlining her recommended revisions of the Housing Element and said letter was made a part of the record. PUBLIC HEARING CLOSED: 7:25 P.M. Councilmember Kier queried as to the anti-discrimination clause, Action item changes, charges for inspections, and the mortgage credit clauses in the proposed Housing Element. Lengthy discussion followed concerning the anti-discrimination clause and various other information in the Housing Element. The City Manager, City Attorney, and Planning Director answered various questions posed by the Council. The City Attorney stated that he would prepare a brief summary of what types of anti-discrimination laws presently exist at the State and Federal level. The Council made several suggestions regarding revisions in the Housing Element. It was the consensus of the Council that the public hearing in this matter be continued to the next regularly scheduled meeting on December 4, 1985, and that action in this matter would be deferred until said meeting. Council requested that staff notify Cheryl Baker of the discussion which ensued at this meeting and of the scheduled public hearing at the December 4, 1985, meeting. NEW BUSINESS 12b. Proposed Schedule - Community Unveiling of Design and Plans of the New Civic Center The City Manager stated that at the last regular Council meeting, the Council suggested that the architectural plans and colored renderings be unveiled publicly. The City Manager noted that staff had contacted the City/County Library and local banks, and that the Library agreed to display the plans and renderings for one month and then same would be rotated among the banks which expressed interest for display. He requested that Council decide upon a date and place to have the plans and renderings unveiled. Councilmembers Henderson and Kier suggested possibly unveiling the plans and renderings with another event such as the Seminary Avenue Christmas Tree Lighting Ceremony. Discussion followed. It was the consensus of the Council that the new Civic Center architectural plans and colored renderings will be publicly unveiled at the Seminary Avenue Christmas Tree Lighting Ceremony on Monday,. December 2, 1985, at 7:00 p.m. The plans and renderings will then be displayed in the City/County Library for one month and then circulated to local banks for display. Reg. Mtg. November 20, 1985 Page 4 256 12c. Matter of Tax Exempt Status - Redevelopment Tax Allocation Bond~ The City Manager stated that Council had been provided with Bulletins from the League of California Cities and the Community Redevelopment Agencies Association concerning retaining the tax exempt status of Redevelopment Tax Allocation Bonds. He discussed the effects of the tax exempt status of the Redevelopment Tax Allocation Bonds and requested that Council authorize staff to send the appropriate letters to support the retainment of the tax exempt status of those bonds. M/S Hickey/Kelley to authorize staff to send the appropriate letters to support the retainment of the tax exempt status of the Redevelopment Tax Allocation Bonds. It was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley, Hickey, and Mayor Myers. NOES: None. ABSENT: None. COMMENTS FROM THE AUDIENCE None CITY COUNCIL REPORTS Councilmember Henderson Councilmember Henderson stated that members of the Electrical Energy Conservation Committee have requested that they be authorized to use a phone at City Hall to make long distance phone calls relating to Committee approved assignments and requested approval that the members be able to do so. It was the consensus of the Council that members of the Electrical Energy Conservation Committee be authorized to make long distance phone calls from City Hall for Committee approved phone assignments under the direct supervision and control of Councilmember Henderson. Councilmember Kier Nothing. Councilmember Hickey Suggested that Council go into Closed Session to discuss the pending litigation of P.G.andE. vs. The City of Ukiah, et al. Councilmember Kelley Stated that the Mendocino Council of Governments (MCOG) has voted to expend $11 million for work on the Cloverdale to Hopland Highway, instead of the Crawford Stretch of Highway 101 which had previously been recommended. He noted that MCOG will be making the recommendation to Cal Trans to complete this work. Mayor Myers Represented the City of Ukiah at the the Board of Supervisors Meeting when the Board acknowledged the fine work of John Mayginnis for the 10K Run. It was very impressive and a number of people were present. Closed Session The City Attorney recommended that Council go into Closed Session under the appropriate Brown Act to discuss the pending litigation of P.G.andE. vs. The City of Ukiah, et al., Mendocino County Superior Court, Action No. 47426. M/S Hickey/Kelley to go into Closed Session to discuss the following: 1. Pending Litigation: P.G.andE. vs. The City of Ukiah, et al., Mendocino County Superior Court, Action No. 47426. Reg. Mtg. November 20, 1985 Page 5 253 8c. Approved Award of Bid - Tri-Plex Greensmower to H. V. Carter Co., Inc., in the amount of $9,880.26. 8d. 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, Kelley, Hickey, and Mayor Myers. NOES: None. ABSENT: None. PETITIONS AND COMMUNICATIONS lOa. Letter from Thomas Mon Pere Requesting Extension of Time - 1129 W. Church The City Manager stated that the Public Works Director prepared the staff report in this matter and introduced Mr. Pedroncelli to present same. The Public Works Director explained the extension request by Mr. Mon Pere noting that Council had been provided with a copy of the staff report, the letter from Mr. Mon Pere, the Agreement for Faithful Performance, and the surety bond in this matter. Mr. Pedroncelli stated that as the subject lot had been created by a lot split, curb, gutter, and sidewalk was required to have been completed within a one-year period from the date the Agreement for Faithful Performance was entered into pursuant to Policy Resolution Nos. 4 and 5. The Public Works Director further explained the history of the subject lot split while displaying a map for the Council pointing out the subject property. The City Manager discussed Policy Resolution Nos. 4 and 5. Mr. Thomas Mon Pere, 1129 W. Church, appeared and explained that this request for an extension of time to complete the curb, gutter, and sidewalk, was primarily because he had not yet decided the plan of the home to be built on the lot and would rather not complete these improvements until he knew where the home would be placed on the lot. Mr. Mon Pere noted that he had not been notified that this matter was placed on the agenda. Discussion followed concerning the required improvements and also regarding the surety bond which would pay for these improvements if it became necessary for the City to complete same. M/S Kier/Kelley to grant a one-year extension from October 12, 1985, to Mr. Thomas MonPere in which to complete the installation of curb, gutter, and sidewalk, at 1129 W. Church Street. Councilmember Kelley questioned whether the present bond amount of $3,600 would be enough to complete the work if it became necessary for the City to do so after the one-year extension had expired. Mr. Mon Pere estimated that the cost to complete the improvements would probably be approximately $5,000. The City Manager suggested requiring a $5,000 bond in this matter. It was the consensus of the Council that the motion be amended to increase the bond from $3,600 to $5,000. Mr. Mon Pere agreed to increase the bond to $5,000. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley, Hickey, and Mayor Myers. NOES: None. ABSENT: None. UNFINISHED BUSINESS lla. Review of Ukiah Chamber of Commerce Draft Brochure The City Manager explained that the Chamber of Commerce had requested to appear before the Council to receive Council's input on the Draft Brochure which had previously been provided to Council. Mr. Payne introduced Mrs. Glenys Simmons and Mr. A1 Norris from the Chamber of Commerce. Reg. Mtg. November 20, 1985 Page 2 254 Mrs. Glenys Simmons and Mr. A1 Norris of the Ukiah Chamber of Commerce appeared and reviewed the Draft Brochure. Mrs. Simmons explained the Brochure and discussed the timeframe for printing of same while Mr. Norris displayed the colored photos that would be inserted in the final Brochure. Mrs. Simmons noted that the color proof of the Brochure would be received by them in approximately two weeks and that they could bring same before the Council for final approval. The City Manager stated that he felt that in the section that discusses shopping centers, a picture of a shopping center would be more appropriate than a picture of a flower. Discussion followed. Councilmember Henderson stated that in the section that discusses the Sun House, it describes the Sun House as a Historical House and Museum, when it should state the Sun House and the Grace Hudson Museum. Councilmember Henderson also mentioned that under the Recreation section of the Brochure, it states that recreation programs are available through the City Recreation and Parks Commission and it should state the City Recreation and Parks Department. Discussion followed concerning the colored photos for the Brochure. Mrs. Joy Oswald, of the League of Women Voters and from the City/County Library, stated that she would like to see something in the Brochure regarding the Library. Mrs. Simmons stated that the Brochure was designed specifically for tourism and that while preparing the Brochure, they tried to stay away from actual businesses and industry because they didn't want to choose one over another. Councilmember Kelley stated that in the calendar section where the Fireworks Celebration is shown, it should state the City Fireworks Celebration. It was the consensus of the Council that the City Manager would submit the Council's revisions to the Chamber of Commerce. NEW BUSINESS 12a. Chamber of Commerce 1985-86 Fiscal Year Contract The City Manager explained that during the budget deliberations the Council had allocated $15,500 for promotional activities. He noted that Council had been provided with a draft Agreement between the City and Chamber which included a proposal of expenditures of said funds. The City Manager noted that the Agreement was identical to that of past years except the payment schedule had been changed accordingly. Discussion followed. M/S Kier/Kelley to approve the Chamber of Commerce 1985-86 Fiscal Year Contract as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley, Hickey, and Mayor Myers. NOES: None. ABSENT: None. PUBLIC HEARING 9a. General Plan Amendment 1985-C - Housing Element The City Manager stated that the Planning Director prepared the staff report in this matter and introduced Mr. Harris to present same. The Planning Director stated that the third General Plan Amendment for 1985 is the Housing Element and that State statute requires an update of our current Housing Element by January 1, 1986. Mr. Harris explained the Housing Element in detail noting that the draft of same was provided to Council with both additions and deletions shown. He indicated that the primary effect was to update the statistical data in the existing Housing Element and also to make projections for needed housing up through 1992. Mr. Harris advised that a Reg. Mtg. November 20, 1985 Page 3 252 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - NOVEMBER 20, 1985 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, Planning Director Harris, Public Works Director Pedroncelli, and Recording Secretary Revheim. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Myers delivered the Invocation and Councilmember Henderson led in the Pledge of Allegiance. PROCLAMATION Mayor Myers read the Proclamation which proclaimed November 18-24, 1985, as League of Women Voters Week in Ukiah and presented same to Mrs. Nancy Verville, President of the League of Women Voters of Ukiah. Mayor Myers expressed appreciation and commended the League for their work in helping to keep the citizens of Ukiah informed. Mrs. Nancy Verville, President of the League of Women Voters of Ukiah, appeared and introduced Mrs. Joy Oswald, Second Vice-President, and Mrs. Dorothy Smith, a past President, of the League of Women Voters of Ukiah. APPROVAL/CORRECTION OF MINUTES M/S Hickey/Henderson to approve the Minutes of November 6, 1985, Regular Meeting, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSTAIN: Councilmember Kelley. SPECIAL ORDER OF BUSINESS - 6:35 P.M. Mayor Myers introduced Mr. Victor Lopes, Architect, to discuss the Civic Center Project at the Yokayo site. Mr. Lopes updated the Council on the status of the project noting that the working documents and the demolition work are proceeding forward. Mr. Lopes also discussed Change Order No. 1 for the project which would entail saving and reconstructing certain existing walls which he estimated would save the City approximately $20-25,000. Councilmember Kier queried as to the security provided at the site. The City Manager explained that the contractor has control of the site and carries insurance for the project. The City Attorney advised that the contractor is required to provide protection at the site and that if Council wished, a letter could be sent to the contractor requesting that certain precautions be taken. Discussion followed concerning the security at the project and the project itself. 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 Items 8a, 8b, 8c, and 8d, as follows: Sa. Approved Payroll Warrants for November 20, 1985, #8135 to 8279, in the amount of $82,136.64. 8b. Approved General Warrants for November 20, 1985, #30111 to 30235, in the amount of $1,203,284.51. Reg. Mtg. November 20, 1985 Page 1