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HomeMy WebLinkAboutmin 09-04-85219 CITY COUNCIL REPORTS Councilmember Henderson None Councilmember Kier Noted that he asked the City Manager to include in the packet background information on mortgage credit certificates. This could be a way to get people into housing market. Councilmember Hickey NCPA has acquired the steam fields at the Geysers. Mayor Myers Extended his appreciation to Councilmember Henderson and City Clerk Hayes for putting on such a fine City Council/Employee Picnic. Council wanted to recognize Councilmember Hickey for his personal efforts and success in helping with the negotiations. RECESSED: 9:55 p.m. RECONVENED: 10:05 p.m. CLOSED SESSION The meeting reconvened into a Closed Session at 10:05 p.m., to discuss the following items: 1. Pending Litigation: Underground Construction Company vs. the City of Ukiah pending in Mendocino County Superior Court. 2. Personnel: Meet and Confer, Employee/Employer Relations RECONVENED The City Council reconvened in a Public Session at 11:55 p.m.. The following action was taken: M/S: Henderson/Kier to adopt Resolution No. 86-9, Memorandum of Understanding between the City of Ukiah and the Ukiah Police Officer Unit. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. M/S: Henderson/Kier to adopt Resolution No. 86-10, Memorandum of Under- standing between the City of Ukiah and the Ukiah Police Supervisory Unit. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. ADJOURNMENT There being no further business, the meeting was adjourned at 11:56 p.m. Yvette S. Hayes City Clerk Reg. Mtg. September 4, 1985 Page 6 217 Council asked Mr. Jeter if he was aware in the beginning there was a drainage problem. Mr. Jeter stated only that the site was almost flat and deep and that would present some problems but never that he would have to provide a complete drainage facility for the area. The Public Works Director stated that staff would like to issue the building permit, but that they could not given the drainage problem that would be created on Orchard Avenue from this site. It has consistently been told to all the bidders on the DMV project; that the drainage problem had to be solved. He noted also, that DMV had required all those who bid the project solve the local conditions and requirements of the Public Works Department. Discussion ensued as to procedures of issue building permits, legal conditions to impose to said permits, zoning ordinances and a master drainage plan for the City. M/S: Hickey/Henderson to issue Mr. Jeter a building permit, and that the City Manager enter into an agreement with Mr. Jeter to provide for an Irrevocable Letter of Credit for $12,000 that would be used toward solving the drainage problem on Orchard Avenue. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. UNFINISHED BUSINESS 9a. Report regarding City Purchase of Main Street Property The Director of Public Works stated that staff has conducted a very prelimi- nary study of the possible northerly extension of North Main Street from Norton Street to Clara Avenue. The proposed street construction and alignment is consistent with the earlier TJKM Circulation Element. There was no interest from the Council to proceed. No action was taken. 9b. Matter of Draft Agreement - Ukiah Energy, Inc. The City Manager stated that several months ago the Ukiah City Council authorized staff to enter into negotiations with Mr. Titlow, President of Ukiah Energy, Inc., for the purposes of establishing the terms and conditions upon which the City would direct its solid waste hauler to the proposed Titlow facility, north of Ukiah. The draft contract deals with the financial and legal relations between the parties. Mr. Edward I. Titlow, President, Ukiah Energy, Inc., appreciated the efforts that City Staff has done. This is a draft contract and prior to Ukiah Energy, Inc., signing such a contract it must have the approval of the Board of Directors as well as his potential investors. He expressed some concern over a few specific sections of the agreement. The City Manager stated that he and the City Attorney had drafted the Agree- ment to conform to the wishes and suggestions of the Council. Leif Farr, 305 Scott Street, Ukiah, questioned if an EIR was done, would Mr. Titlow have a contract and if there were no EIR done, there would not be a contact. The City Manager stated that an EIR does not constitute a contract. The City Council determines whether it is a satisfactory EIR and meets all of the mitigation measures. Nancy Verville, League of Women Voters, expressed concern over any draft contract or continued agreement could pre-empt any of the County's Environ- mental Review Process. Reg. Mtg. September 4, 1985 Page 4 218 Karen Bonine, 1112 Elm Street, questioned whether recycling projects would be dropped, land filling over the ashes would be required and stricter air pollution controls should be done. Council asked if a definite time frame could be added to the contract. Mr. Titlow stated his investors urge him to be under construction prior to December 31, 1985. He anticipates 16 to 18 months for construction, but needs some 90 to 120 days to solve permitting problems. He stated he could legally proceed preliminary construction, or at least break ground, prior to December 31, 1985. He intends to be on line by mid-1987. He is agreeable to a time- frame of six months to obtain a Use Permit or the agreement will expire. Holly Leard, 160 Leslie Street, questioned the timeframe being added to the agreement and whether a new Council would act upon the agreement. M/S: Kier/Hickey to add to the contract a timeframe of thirty (30) days for the approval of the agreement, 120 days to secure financing and 180 days to obtain a Use Permit if neither deadlines are met then the agreement will expire. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. 9c. Discussion of Police K-9 Program The City Manager requested this matter be tabled until further information and details are received. No action was taken. NEW BUSINESS 10a. Designation of Voting Delegate for League of California Cities Annual Conference Mayor Myers nominated Councilmember Henderson. M/S Kier/Hickey that Councilmember Colleen Henderson be the voting delegate at the League of California Cities Annual Conference. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. 10b. Discussion of Support for SB 719 (Alquist) - Rail Safety - Henderson Councilmember Henderson requested that the City Council support the passage of SB 719 as a matter of public safety. M/S: Henderson/Kier to support SB 719 (Alguist) regarding Rail Safety and that the City of Ukiah will not tolerate toxic or hazardous wastes stored in the corporate limits of the City. The motion was carried by an affirmative voice vote with Councilmember Hickey decenting. 10c. Adopt Resolution of U.S. Highway 101 Freeway Projects Between Ukiah and Cloverdale. The Director of Public Works reported that a resolution is before the Council which advises Caltrans and the California Transportation Commission of their support for the proposed improvement of Highway 101 between Preston (North Cloverdale) and Hopland. M/S: Kier/Henderson to adopt Resolution No. 86-6 which prioritizes improvements on Highway 101 between Cloverdale and Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. COMMENTS FROM THE AUDIENCE None Reg. Mtg. September 4, 1985 Page 5 215 7d. Denied Application to file a Late Claim, Estate of Fred Bethman, Represented by Teri Bethman, and Referred to Insurance Carrier. 7e. Adopted Resolution No. 86-7, Authorizing the Mayor to Sign the State CDBG Grant Agreement. 7f. Awarded Bid - Fence Around Wastewater Pond No. 3 to Jet-Con Enterprises for $7,676.00 7g. Approved 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 and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. PETITIONS AND COMMUNICATIONS 8a. Appeal of Planning Commission Decision on Site Development Permit No. 86-3 The Planning Director reported that at the Planning Commission's meeting of August 14, 1985, the applicant was granted sign approval of twenty feet with a center identification logo. The sign did not include listing the three major tenants (Albertsons, K-Mart and J.C. Penneys). The applicant is appealing the Planning Commission's decision. He explained that the Sign Code Section 3227-11 provides that sign orientation to freeways may be allowed subject to a Site Development Permit. Mr. Peter Meier, of Pear Orchard Associates, 1050 Northgate Drive, San Rafael, California, addressed the City Council. In his opinion, the City of Ukiah and the Pear Tree Center will benefit from the sign. It will provide additional revenues that could be lost to the new Raleys Shopping Center and will help retails lost to the Santa Rosa area. He would like the sign application granted because, in his opinion, it comply's with the City of Ukiah's Sign Ordinance Code Section 3227-11. Council asked the Planning Director to clarify staff's recommendation and their interpretation of the Sign Ordinance. M/S: Hickey/Kier that the appeal be granted for Site Development Permit No. 86-3, which permits a 30 foot sign to include the identification logo of the major tenants. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, and Hickey. NOES: Mayor Myers. ABSENT: Councilmember Kelley. 8b. Request of Architect for Additional Fees - Yokayo Site Architect, Victor Lopes requested additional architectural fees of $20,000 to cover fees he has incurred to incorporate the Police and Fire Departments into the Civic Center Site. At the time he gave a projected cost of $2.5 million for the project, it did not include additional professional fees to cover the additions of Police and Fire. It did provide for the site utilization stage that Police and Fire were feasible to add to the complex. The City Manager reported that when the City of Ukiah requested proposals for architectural services, the project description of the Civic Center Site included at least twenty thousand square feet of office space, conference and meeting rooms, reception and storage area, and Council Chambers. Also, the integration of the Police and Fire Departments was proposed, depending on site, feasibility and cost. The Contractual Agreement was drafted to include the size and character of the entire project with a concept of a fixed dollar amount the City would obligate itself for architectural services. The City Manager also recognized that the additional fees Mr. Lopes is requesting he has stated is to cover fee's he is incurring from his consultants and does not represent any profits to his firm. The Council wanted to make note that from the beginning the project has not been real clear cut, tear things down and then reconstruct. The City Attorney recommended that if Council were to consider the request, in his interpretation of the existing contract, an amendment to the contract is essential. Reg. Mtg. September 4, 1985 Page 2 216 M/S: Hickey/Kier that the City Attorney prepare an amendment to the contract to cover the additional work required, particularly as it pertains to the Police and Fire portion of the building, in the amount of $20,000. The motion carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. Council questioned Mr. Lopes if there would be any additional costs. He anticipates no further charges and will be in the working document stage now. 8c. Letter from National Oceanic and Atmospheric Administration Re~ardin~ Observatory Property The City Manager indicated to the Council, as per their instructions, he had written a letter to the U. S. Department of Commerce and the Department of Oceanic and Atmospheric Administration regarding the government owned facility on Observatory Avenue, and received a response. There was discussion regarding that those who use the facility comply with local use permits. M/S: Kier/Hickey recommended that the City Manager contact the author of the letter, B. Lane MacKenzie, Realty Specialist with the U.S. Department of Commerce, that they include in the permit that they are going to issue to any local agency that is going to use the property, that they abide by all local ordinances. The motion was carried by a unanimous voice count. NOES: None. ABSENT: Councilmember Kelley. RECESS: 7:28 p.m. RECONVENED: 7:38 p.m. 8d. Letter Requesting Rate Increase - Ukiah Solid Waste The City Manager stated that the City Council has received a request by Solid Waste Systems, Inc., the franchise hauler, for a large rate increase for the collection of solid waste within the corporate limits of the City. It would be Staff's recommendation that the Council review the letter, listen to any input by the owners of the company, and refer the matter back to staff for review and preparation of the recommendations and establish a Public Hearing before the City Council pursuant to the Ukiah Municipal Code. He stated that they would try to get it back to Council by the September 18, 1985, or October 2, 1985, Council meeting. Mr. Gerald W. Ward, representing Solid Waste Systems, Inc., stated that a majority of their expenses are for updating equipment. The Council would like to refer this matter to the City Manager and staff for consideration and recommendations and prepare for a Public Hearing. 8e. Letter from Russ Jeter Regarding Drainage Problem at Future Highway Patrol and DMV Site Mr. Jared Carter, representing Mr. Russ Jeter, stated that his client has been refused a building permit for the new CHP/DMV facility at 540 Orchard Avenue unless, he agrees to pay for a drainage study and installation of a storm drain from said location to Gobbi Street. Mr. Carter questions whether the City can impose conditions before issuing a building permit. Mr. Jeter does not object to paying a proportionate amount for the storm drain, to be paid to the City, but does object to financing a total project that would benefit everyone in the area. He requests that the Council order the issuance of the building permit in accordance with the building code without the stated condition and Mr. Jeter will pay a proportionate amount for the storm drain. Russ Jeter, Clearlake, explained that he has made more than a generous offer as far as his participation in rectifying the drainage problem but was never told in the beginning that he would have to pay for all of it. Due to delays in obtaining a permit, now, time is of the essence because the fast approaching weather conditions. Reg. Mtg. September 4, 1985 Page 3 214 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - SEPTEMBER 4 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 and Mayor Myers. Staff present: Payne, Rapport, Harris, Pedroncelli, Roper, Vara, Beard, Rodriguez and City Clerk Hayes. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Myers delivered the Invocation and Councilmember Henderson led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES Councilmember Kier to amend the minutes of August 21, 1985: Under City Council Reports correct Councilmember Kier report to Councilmember Kelley. Councilmember Kier had no comments. M/S Henderson/Hickey to approve the Minutes of August 21, 1985, Regular Meeting, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, and Hickey. NOES: None. ABSTAIN: Mayor Myers. ABSENT: Councilmember Kelley. M/S Kier/Henderson to approve the Minutes of August 23, 1985, Special Meet- ing, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. SPECIAL ORDER OF BUSINESS 6:40 P.M. 5i. Architect, Victor Lopes stated that the bid package for the Demolition Phase is all prepared and will be given to the City Staff on Tuesday, September 10, 1985. 5ii. The City Manager introduced Dave Coleman, Manager of Western Area Power Administration (WAPA). ~ Mr. Coleman presented a brief run-down on the activities of his organization and pointed out that they have 80 "preference" customers in California alone; Ukiah being one of them. WAPA's purpose is to market wholesale power through- out the West at preference power rates. Mr. Coleman thanked the Ukiah staff for their support and stressed that Ukiah is using foresight and wise planning for their future utility needs. Staff had some questions about future "withdrawals" from WAPA and our contract expiring in ten years. Mr. Coleman stated under no circumstance will WAPA withdraw more than 20% of what has been allocated to Ukiah and preference will probably be given to contract holders regarding contract renewals. RIGHT TO APPEAL DECISION Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. CONSENT CALENDAR M/S: Hickey/Henderson to approve Consent Calendar Items 7a, 7b, 7c, 7d, 7e, 7f and 7g as follows: 7a. Approved City of Ukiah Payroll Warrants for September 4, 1985, #7392 to #7546, $102,309.15. 7b. Approved City of Ukiah General Warrants for September 4, 1985, #29509 to #29596, $1,960,215.49. 7c. Denied Claim for Damages, Bettiann J. Patterson, and Referred to Insurance Carrier. Reg. Mtg. September 4, 1985 Page 1