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HomeMy WebLinkAboutmin 10-02-86231 carried by the following roll call vote: AYES: Councilmembers Henderson, Htckey, Kelley, and Mayor Myers. NOES: None. ABSENT: Councilmember Kier. 12c. Report of Administration Actions and Proposals (R.A.A.P.) The City Manager explained that the City of Ukiah had expressed an interest in the Observatory facility in the past and discussed the various communications with the National Oceanic and Atmospheric Administration. He further explained that the City of Ukiah had requested that in any license that was issued there be a clause inserted where the licensee would be required to comply with all local laws, regulations and Ordinances. Mr. Reno Bartolomei, 445 Observatory Avenue, appeared and expressed concern regarding the use of the Observatory facility. He stated that he would like to see the City of Ukiah acquire this property and develop a park and museum. Mr. Bartolomei expressed concern over North Coast Opportunities' interest in this property. He also requested that he be able to attend and represent the Observatory neighborhood at any meeting that occurs between the City staff and North Coast Opportunities. It was the consensus of the Council that Mr. Bartolomei be the representative of the Observatory neighborhood to attend any meetings that occur between the City staff and North Coast Opportunities. Nancy Verville, of the League of Women Voters, appeared and stated that she recalled seeing a revocable license for this property for North Coast Opportunities in the Press Packet. The City Manager advised that he had spoke with Mr. MonPere of North Coast Opportunities and that Mr. MonPere had informed him that North Coast Opportunities did not intend to proceed with that permit at this time. The City Manager reiterated that the City of Ukiah is definitely interested in the Observatory facility. Mrs. Hattie Tillotson, 451 Observatory, appeared and expressed concern that someone could acquire the Observatory facility before the citizens had an opportunity to provide input on the matter. She stated that the citizens in the Observatory neighborhood should be kept advised as to what was progressing on this matter. The City Manager suggested that possibly Mrs. Tillotson could address a letter to the National Oceanic and Atmospheric Administration requesting that she be notified of any parties that express interest in the Observatory facility. Mr. Ed Beleson, 474 Observatory, appeared and asked if a license had been issued to North Coast Opportunities. The City Attorney advised that the City had received a copy of a license for North Coast Opportunities, but that it was not signed or issued. He further explained the legalities of the license. 12d. Claim for Damases, Marilyn D. Hall, Deny and Refer to Insurance Carrier Mr. Ed Henderson, 53 Betty Street, appeared and discussed the legal community and the deep-pocket concept. Mr. Henderson urged public awareness of this problem. Mayor Myers noted that the Council had adopted resolutions and forwarded same to Legislatures regarding the deep-pocket concept. M/S Kelley/Hickey to approve items 12c and 12d as presented. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley, and Mayor Myers. NOES: None. ABSENT: Councilmember Kier. COMMENTS FROM AUDIENCE None. Reg. Mtg. October 2, 1985 Page 6 232 CITY COUNCIL REPORTS Councilmember Henderson She attended the Highway Commission meeting in Ukiah. The Electrical Energy Conservation Committee met with Director of Electric Utilities and finalized its proposal. She noted that the reservations had been made for the League of California Cities meeting on October 6-9, 1985. Councilmember Hicke¥ Discussed the meeting he attended in New York on behalf of NCPA. He noted that he was re-elected to serve as Chairman of NCPA for another year and that a new General Manager has been hired. Councilmember Hickey advised that the new General Manager is the present City Manager of Healdsburg and has the ability to work very well with the people. Councilmember Kelley None Mayor Myers Commended Councilmember Hickey on his re-election as Chairman of NCPA. Queried as to the procedure for the Penofin races to be held on October 5, 1985. Mayor Myers noted that Policy Resolution No. 12 provided that the City's commitment in contributions to community events is limited to the Home Town Festival and the Invitational Band Review. The City will be providing barricades, added police protection, and physical labor at a cost to the City of less than $1,000.00 for the Penofin events. Mayor Myers stated for the record that the Council supports an amendment to Policy Resolution No. 12 to contribute to this particular event. Council concurred. CLOSED SESSION City Attorney Rapport recommended proceeding to Closed Session to discuss the Underground Construction Company vs. The City of Ukiah case under the Brown Act. M/S Kelley/Hickey to go into Closed Session to discuss Pending Litigation: Underground Construction Company vs. The City of Ukiah, No. 50580, Mendocino County Superior Court. The motion was carried by a unanimous voice count. ABSENT: Councilmember Kier. RECESS: 9:25 P.M. The meeting reconvened into a Closed Session at 9:30 p.m. ADJOURNMENT There being no further business, the meeting was adjourned at 10:00 p.m. to October 15, 1985, at 5:30 p.m. at the Old City Council Chambers, located at 111 West Church Street. Kari Revheim Recording Secretary Reg. Mtg. October 2, 1985 Page 7 229 The councilmembers made various suggestions and discussed the rates increase at length. The City Manager explained the rate increases that Solid Wastes Systems, Inc. received in the past and answered questions posed by the councilmembers concerning the new proposed rates. The City Manager requested that the motion setting the garbage rates be a resolution to that effect. M/S Hickey/Kelley to adopt Resolution No. 86-13 setting the monthly garbage rates for Solid Wastes Systems, Inc., which will be effective November 1, 1985, as follows: RESIDENTIAL Service Established Rates 10 Gallon One (1) Can Curb Each Additional Can One (1) Can Pack-out Each Additional Can $2.00 6.00 4.50 7.00 6.00 COMMERCIAL Container Established Rates Size 1/wk 2/wk 3/wk 4/wk 5/wk 6/wk 1 Yard $ 42 $ 57 $ 83 $112 $137 $161 1 1/2 Yard 48 70 91 121 153 185 2 Yard 59 83 112 159 192 224 DROP BOXES Service Established Rates 10 yard box per dump 20 yard box per dump 35 yard box per dump 40 yard box per dump 6 yard compactor per dump 12 yard compactor per dump $ 89 105 150 172 84 105 The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley, and Mayor Myers. NOES: None. ABSENT: Councilmember Kier. RECESS: 8:00 P.M. RECONVENED: 8:15 P.M. UNFINISHED BUSINESS lla. Final Report on Budget Comments The City Manager noted that a Final Report on Budget 'Comments had been prepared to answer previous questions posed by the Council and that staff was not recommending that any action be taken at this time. Councilmember Kelley queried as to when the Council would discuss item number 3, concerning the business license fees. The Finance Director stated that the appropriate time would be at next year's budget hearings. The City Manager stated that if Council wished staff to specifically study business license fees, that could be done. Reg. Mtg. October 2, 1985 Page 4 230 Councilmember Kelley asked when a request of this kind would be made. The City Manager stated that it would take approximately 60-90 days to obtain all the information. Councilmember Henderson queried as to item number 6, concerning total legal fees. The Finance Director stated that the amount indicated included the retainer fee. llb. Matter of Setting Date for Study Session - Warrant Layout It was the concensus of the Council that the study session for the warrant layout would be held on October 15, 1985, at 5:30 p.m., in the Old City Council Chambers, located at 111 West Church Street. llc. Adoption of Ordinance 851 - Cable TV Franchise The City Attorney advised that the agreement with Group W is still in negotiations and that Council could adopt Ordinance 851 if it desired. M/S Kelley/Hickey to adopt Ordinance 851 by Title only. The motion was carried by a unanimous voice vote. M/S Hickey/Kelley to adopt Ordinance 851 to Repeal Article 2 of Chapter 11 of Division 1 of the Ukiah Municipal Code, Regulating Television T. V. Franchise and Adopting a new Article 2 Governing the same subject matter. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley, and Mayor Myers. NOES: None. ABSENT: Councilmember Kier. NEW BUSINESS 12a. Adoption of Ordinance Authorizing TANC to Issue Revenue Bonds, Notes and Other Evidences of Indebtedness The City Manager explained that the Transmission Agency of Northern California (TANC), of which Ukiah is a participant, will be issuing notes in the amount of $20,000,000. He further explained the financing agreement itself and the proposed Ordinance in which Ukiah is authorizing TANC's issuance of revenue bonds, notes and other evidences of indebtedness. Discussion followed concerning the agreement and the financing of the project. M/S Hickey/Kelley to introduce Ordinance 832 by Title only. The motion was carried by a unanimous voice vote. M/S Hickey/Kelley to introduce Ordinance 832 to authorize the Transmission Agency of Northern California to issue revenue bonds, notes and other evidences of indebtedness. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley, and Mayor Myers. NOES: None. ABSENT: Councilmember Kier. 12b. Resolut.ion Approving, Authorizing and Directing Execution of Certain Lease Financing Documents, Execution of a Purchase Agreement, and Approving a Preliminary Official Statement The City Manager explained the financing documents and the timeframe of the transaction with the Redwood Empire Financing Authority (REFA) for the Civic Center Financing in the amount of $2.8 million for construction and refinancing. He noted that the resolution included maximum amounts not what was actually anticipated. He advised that the signing of the leasing documents was to take place on October 16, 1985, and that it was to close on November 5 or 6, 1985. Discussion followed wherein the City Manager and the City Attorney answered questions posed by Council. M/S Hickey/Kelley to adopt Resolution No. 86-14 to approve, authorize and direct execution of certain lease financing documents, execution of a purchase agreement, and approval of a Preliminary Official Statement. The motion was Reg. Mtg. October 2, 1985 Page 5 227 8a. Approved Payroll Warrants for October 2, 1985, #7703 to 7846 for $92,089.44. 8b. Approved General Warrants for October 2, 1985, #29726 to 29820 for $370,620.42. 8c. Denied Claim for Damages, State Farm Fire and Casualty Co., and Referred to Insurance Carrier. 8d. Denied Claim for Damages, Stephanie Hoppe and Frank Broadhead, and Referred to Insurance Carrier. 8e. Denied Claim for Damages, Laurence H. and Judith A. Cavender, and Referred to Insurance Carrier. 8g. Denied Claim for Damages, Worldwide Anesthesia Associates, Inc., and Referred to Insurance Carrier. 8h. Denied Claim for Damages, Irene Mentjox, and Referred to Insurance Carrier. 8i. Denied Claim for Damages, Ethel D. Jones, and Referred to Insurance Carrier. 8j. Denied Claim for Damages, Monti Lee Quillen, and Referred to Insurance Carrier. 8k. Awarded Contract - Jacobsen Turf Sweeper to H. V. Carter Co., Inc. for $10,569.00. 81. Awarded Contract - Demolition of Selected Portions of Yokayo Site to Crane of Ukiah for a base bid of $216,336.00. 8m. Accepted Notice of Completion and directed the City Clerk to file the Notice of Completion - North Bush Street. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley, and Mayor Myers. NOES: None. ABSENT: Councilmember Kier. PETITIONS AND COMMUNICATIONS 10a. Letter from Frank Zeek P.T.A. Regarding a Crossing Guard on Bush and Arlington The City Manager noted that Council had been provided with the letter of September 24, 1985, from the Frank Zeek P.T.A. and a staff report concerning this matter. The City Manager then asked the Public Works Director to discuss staff's findings in this matter. The Public Works Director noted that this matter was considered by Council earlier in the year but it had not been previously considered by the Traffic Engineering Committee. He recommended that this matter be referred to the Traffic Engineering Committee for study and recommendation back to the Council. The City Manager noted that new "School Zone" signs are presently being erected in this area. Councilmember Hickey suggested possibly moving the crossing guard from Low Gap and Bush to this intersection. Rhonda Moeller, 284 Carlton Drive, appeared and stated that she was President of the Frank Zeek P.T.A. and the crossing guard at Low Gap and Bush streets. She expressed concern on behalf of the parents at Frank Zeek School stating that the intersection of Bush and Arlington is a dangerous intersection. She also stated that the intersection of Low Gap and Bush needs the crossing guard that is presently there. Carl Morganson, 1140 Maple Avenue, appeared and stated that he was the Principal of Frank Zeek School and supported the P.T.A.'s request for a crossing guard at this intersection. He advised that the school has changed its pick up pattern for the children to try and lessen the congestion in this area. He requested that a "Stop Sign" be placed in the middle of the road at this intersection to make it more visible. Discussion followed concerning the previous request for a crossing guard at this intersection and Mayor Myers noted that the Council has worked hard in the past and will continue to work with the County and City to make this entire area safer. Mrs. Marilyn Smith, 721 Malaga Drive, appeared and expressed concern about the traffic situation at this intersection. Mrs. Smith asked further questions Reg. Mtg. October 2, 1985 Page 2 228 regarding the previous request for a crossing guard. The City Manager again explained this previous request. M/S Henderson/Hickey to refer this matter to the Traffic Engineering Committee to be considered at its October 8, 1985 meeting and to report back to Council at the October 16, 1985, City Council Meeting. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Hickey, Kelley, and Mayor Myers. NOES: None. ABSENT: Councilmember Kier. Councilmember Kelley queried as to details regarding the Traffic Engineering Committee meeting. The Public Works Director advised that the next meeting will be held on Tuesday, October 8, 1985, at 2:00 p.m., in the Old City Council Chambers. PUBLIC HEARING 9a. Setting of Garbage Rates The City Manager explained that Solid Wastes Systems, Inc. has requested a rate increase of 40% noting that Council has been provided with staff reports and documentation which includes staff's recommendations for an increase in garbage rates. The City Manager asked the Finance Director to further explain staff's study in this matter. The Finance Director stated that the recommended rates were based primarily on the results of staff's survey which compared garbage rates of nearby Counties and also on audits of Solid Wastes Systems, Inc. through December of 1984 which Gerry Ward of Solid Wastes Systems, Inc. provided. The Finance Director reviewed the present rates, the rates requested by Solid Wastes Systems, Inc., and staff's recommended rates. Discussion followed wherein the City Manager and the Finance Director answered questions posed by the Council concerning proposed rates, services provided, and franchise fees. Mayor Myers directed City Clerk Hayes to make part of the public record, the information packet which staff provided to Council in this matter which includes correspondence between Solid Wastes Systems, Inc. and the City Manager, and also the memorandum of September 26, 1985, from the Finance Director to the City Manager. PUBLIC HEARING OPEN - 7:15 P.M. Mr. Ed Titlow, Ukiah Energy, Inc., appeared and supported the rate increase requested by Solid Wastes Systems, Inc. stating that he felt the company provided the City of Ukiah with an outstanding service. Mr. Titlow also discussed rates and franchise fees. Mr. Gerald Ward of Solid Wastes Systems, Inc. appeared and discussed audits and the financial situation of Solid Wastes Systems, Inc. Mr. Ward explained briefly what operations include and which services are provided by the company. He indicated that Solid Wastes Systems, Inc. needed additional revenue to replace trucks and stated that an increase less than what the company was requesting would not be enough revenue to replace needed equipment. Mr. Ward discussed the various rates and how the rates affect the operation. Mr. Charles Bell, 822 Valley View, appeared and stated that he is the attorney for Solid Wastes Systems, Inc. noting that the company is a family owned, local operation. He supported the requested rate increase of Solid Wastes Systems, Inc. and stated that when the contract with the City was originally negotiated, it was the company's position that they would get a fair return on their investment. He discussed the financial condition of Solid Wastes Systems, Inc. and supported their requested rate increase. PUBLIC HEARING CLOSED - 7:35 P.M. Councilmember Hickey stated that the citizens which he spoke with regarding this matter felt that Solid Wastes Systems, Inc. does an exceptional job and that they would not object to a reasonable rate increase. Reg. Mtg. October 2, 1985 Page 3 226 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - OCTOBER 2, 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, Hickey, Kelley, and Mayor Myers. Absent: Councilmember Kier. Staff present: Payne, Rapport, Pedroncelli, Vara, Stamelos, Recording Secretary Revheim and City Clerk Hayes. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Hickey delivered the Invocation and Councilmember Henderson led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES Councilmember Henderson made the following corrections to the September 18, 1985, Minutes: 1) Page 2, item 10c, the fourth sentence should read: "The Committee's proposed application asks WAPA to fund 40% of the study with the City responsible for 60%." 2) Page 4, the first paragraph should read: "Mayor Myers stated that he had heard from the Sun House Management Team. . ." M/S Kelley/Henderson to approve the Minutes of September 18, 1985, Regular Meeting, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kelley, and Mayor Myers. NOES: None. ABSTAIN: Councilmember Hickey. ABSENT: Councilmember Kier. PROCLAMATIONS Mayor Myers noted that the appropriate party was not present in the audience to accept the Proclamation for Emergency Medical Services Week and that this Proclamation would be presented at a future date. Mayor Myers read the Proclamation for the Mendocino-Lake Special Olympics and presented same to Mrs. Carol Powers thanking her for all the work she had done for the Special Olympics. NEW BUSINESS The City Manager requested that a resolution concerning lease financing documents for the Redwood Empire Financing Authority be added to the agenda. Mayor Myers advised that this matter would be placed on the agenda as item 12b under New Business. SPECIAL ORDER OF BUSINESS - 6:40 P.M. Mayor Myers introduced Mr. Victor Lopes, Architect, to discuss the Civic Center Project at the Yokayo site. Mr. Lopes reviewed the bid received from Crane of Ukiah for the demolition work for the project and noted that he had directed correspondence to the Council in this regard. Mr. Lopes answered questions posed by the Council concerning the project and the timeframe of the demolition work. RIGHT TO APPEAL DECISION Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. CONSENT CALENDAR Mrs. Hattie Tillotson requested that item 8n be removed from the Consent Calendar and discussed separately. Mr. Ed Henderson requested that item 8f be removed from the Consent Calendar and discussed separately. Mayor Myers stated that item 8n would be placed under New Business as item 12c and item 8f would be placed under New Business as item 12d. M/S Henderson/Kelley to approve the Consent Calendar Items 8a, 8b, 8c, 8d, 8e, 8g, 8h, 8i, 8j, 8k, 81, 8m, as follows: Reg. Mtg. October 2, 1985 Page 1