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HomeMy WebLinkAboutmin 04-03-85147 adoption unless extended by a local agency. The City's code allows for a twelve month extension. A final map for Phase A has been recorded and considerable development has occurred. The developer is progressing on Phase B but cannot meet the April 21 recording deadline. The Planning Commission has approved a one year extension for the map. Staff concurs with that action and recommended the Council adopt Resolution No. 85-61 approving the extension. The City Manager stated the funds to tie Bush Street in with the development are in the budget. Timing is based on the developer's construction time. M/S: Kier/Kelley to adopt Resolution No. 85-61 of the City Council of the City of Ukiah approving the one year extension of the Tentative Subdivision Map No. 81-45 for Las Casas Unit One. The City Manager indicated he will draft a memorandum to the Council regarding the developer's time frame for Las Casas so the City can be ready to complete Bush Street no later than this summer. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley and Mayor Myers. NOES: None. ABSENT: Councilmember Hickey. llb. Adoption of Resolution No. 85-62 Approvin~ Tentative Map 83-73, Cherry Court Condominiums The Director of Planning reported in February 1983, a Use Permit was granted to convert six duplex structures on Cherry Court from rental status to, for sale condominiums. The tentative map and Covenants, Codes and Restrictions (CC&R's) have been completed. The CC&R's are standard and address property management of the complex. Staff recommended Council's approval of both the tentative map and CC&R's. M/S: Kier/Kelley to adopt Resolution No. 85-62 of the City Council of the City of Ukiah approving Tentative Subdivision Map No. 83-73 for Cherry Court Condominiums. The motion carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley and Mayor Myers. NOES: None. ABSENT: Councilmember Hickey. llc. Approval of Request from Corp of Engineers for Review and Inspection Cost - Lake Mendocino The Director of Electric Utilities reported the Department of the Army, Corps of Engineers is requesting $75,000 to cover further review, coordination and inspection of the City's Lake Mendocino Hydro Electric Project. He explained the problems encountered on the project have delayed the liner installation and required additional involvement in the pumping bypass system by all concerned. This request by the Corps is in accordance with Article lB of the Maintenance and Operations Agreement as approved by the City Council and Article 37 of the City's FERC License Exhibit D, which requires that the City will reimburse the Corps for all inspection and engineering costs. Staff recommended the Council approve the Corps' request for additional inspection fees. M/S: Kelley/Kier to approve the Corps of Engineer's request for inspection fees for the Lake Mendocino Hydro Electric Project in the amount of $75,000, with $35,000 being forwarded immediately, and the balance issued as needed and justified by the Corps. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley and Mayor Myers. NOES: None. ABSENT: Councilmember Hickey. COMMENTS FROM AUDIENCE Pat Lawrence, McPeak Street, Ukiah, expressed concern regarding what the environmental impact will be from the proposed NCPA Fossil Fuel Plant and the proposed Ukiah Energy Incorporated's Fuel Burning Plant. She specifically noted her concern regarding the flood plain, diesel storage, birds nesting grounds and the esthetics. She requested the City Council withhold City land from the NCPA project. Reg. Mtg. April 3, 1985 Page 4 148 ~ayor Myers requested a FYI from staff regarding the terms, process and time line of the NCPA project. CITY COUNCIL REPORTS Councilmember Henderson Reported she met with the Sun House Board of Trustees and they are happy with the City of Ukiah. She met with the MTA Board of Directors and they have passed their budget. In the next Joint Powers Agreement (JPA) it will be asked that the contract be ongoing, with a provision that if anyone wants to pull out they could do so with ninety days notice. Councilmember Kier None Councilmember Kelley Reported the Ukiah Players will be coming to the City Council before long asking for money. More information regarding this matter will follow. Mayor Myers Reported the City has received a letter from Mr. Beltrami inviting the City Council to lunch April 17, 1985, to discuss matters of mutual concerns. It was determined Councilmembers Henderson, Kier and Kelley will be available· He announced Police Chief Johnson will be retiring August 31, 1985. He suggested staff make a formal public announcement acknowledging his service to the community. CLOSED SESSION Adjourned into Closed Session at 9:10 p.m., to discuss the following pending litigation: I · Amersfoort vs. the City of Ukiah. Underground Construction Company vs. the City of Ukiah. RECONVENED The meeting reconvened in Open Session at 9:55 p.m., at which time the following action was taken: M/S: Kelley/Kier moved to take no further legal action regarding Amersfoort vs. the City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley and Mayor Myers. NOES: None. ABSENT: Councilmember Hickey. The Council announced no action was taken during Closed Session regarding Underground Construction Company vs. the City of Ukiah. It was determined April 24-26, 1985, Councilmember Kier will be attending a C.A.L.E.D. Contest entitled Preparing for Economic Development. ADJOURNMENT There being no further business the meeting was adjourned at 10:03 p.m., to April 4, 1985, for a Special Study Session to discuss the Fees and Charges Committee Report. Faye McAfee Recording Secretary Reg. Mtg. April 3, 1985 Page 5 145 PETITIONS AND COMMUNICATIONS 9a. Letter from Ukiah Energy, Inc., Re~ardin~ Conditional Agreement Due to a possible conflict of interest, Councilmember Henderson excused herself from the meeting at 7:05 p.m. The City Manager reported the only item the Council should be addressing at tonights meeting is the question of the environmental concerns in regards to a proposed contract with Ukiah Energy, Inc., (UEI). He stated the question presently before the Council is the question of interpretation of what the City Council's actions were at a previous meeting i.e., 1) if it was the Council's intent to put a stipulation that they would not consider entering into a temporary agreement with UEI until such time that UEI has met their environmental concerns; or 2) if it was the Council's intent to enter into an interim agreement with UEI that would only be effective on UEI meeting the environmental concerns to the satisfaction of the City Council. He indicated if number one was the intent there is little necessity for staff to continue negotiations, but if number two was the intent, then staff would proceed to negotiate the contract. Discussion ensued regarding whether UEI would be able to obtain a financial commitment prior to the Environmental Impact Report and the use permit being obtained, the term "temporary" agreement, the time spent by City staff drafting an agreement before the Environmental Impact Report is complete and permits are obtained, the City diverting garbage to UEI without it being publicly bid, and the legality of the City entering into a contract with such stipulations and terms. Ed Titlow, President of Ukiah Energy, Inc., reviewed and underscored the proposed benefits to the community i.e., employment and wages being spent in the area. He made mention of a communication he had with Mr. Pyle of Mendocino College regarding the proposed plant being a hands-on learning center for the purpose of training students for future employment. Bill Smith, a thirty year resident of Ukiah, spoke in favor of the proposed project. Pat Lawrence, McPeak Street, Ukiah, expressed concern regarding the environmental impact. She felt the Council is not looking at their responsibility to the community. M/S: Kier/Kelley moved that provided the City of Ukiah is legally able to do so, direct staff to draft a contract, for City Council approval, with Ukiah Energy, Inc., to divert solid waste from the City dump to Ukiah Energy, Inc., property conditioned upon meeting Federal, State, County and City regulations and satisfying the City's concerns regarding Ukiah Energy Incorporated's Environmental Impact Report on the proposed project. The motion was carried by the following roll call vote: AYES: Councilmembers Kier, Kelley and Mayor Myers. NOES: None. ABSENT: Councilmembers Henderson and Hickey. Councilmember Henderson returned to the meeting at 7:46 p.m. UNFINISHED BUSINESS 10a. Approval of Interim Financing - Computer and Software The Director of Finance reported in November 1984, when the need and cost for a new computer replacement for the City was outlined, the proposal was to finance the computer replacement through the Redwood Empire Financing Authority (REFA) with a five (5) year time frame. With that in mind and Council approval, contracts with IBM and DLH to provide the City with the computer and software were signed. A week before the closing date, he received a call from Ken Ough, Vice President of Merrill Lynch, explaining there had been trouble in procuring insurance for the REFA three financing. He indicated the insurance company had a change of policy since the last offering. He reviewed three alternatives made available to REFA members in the meantime. Staff recommended the Council appropriate $110,000 for interim financing of the IBM computer and related software programs. Reg. Mtg. April 3, 1985 Page 2 146 M/S: Kier/Kelley to appropriate $110,000 for interim financing of the IBM computer and related software programs. The Director of Finance pointed out that Ukiah will not be able to refinance the airport hangars because the financing through REFA is not available at this time. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley and Mayor Myers. NOES: None. ABSENT: Councilmember Hickey. 10b. Wastewater Treatment Update and Proposed Plan of Action The Director of Public Works reported heavy rainfall last week significantly altered the emergency situation at the treatment plant relative to the treated effluent holding/river discharge capabilities. Lake Mendocino has been filled to its recommended summertime conservation elevation (748 feet) and the Corps of Engineers is expected to begin Dam releases equivalent to reservoir inflow after April I, 1985. The combined effect of the recent storm and the proposed releases should provide sufficient river flow to allow a period of normal treatment plant discharge schedules. If all current conditions continue, it is believed that the ponds will remain stabilized during the next week to ten days. Acquisition efforts for an additional ponding area are continuing. It is anticipated that title to the 15.75 acre parcel will be transferred to the City of Ukiah by April 4, 1985. He stated the first order of business will be the removal of pear trees on the parcel. He reviewed the time table for completion of the new pond. He noted that it appears they will not be able to dry out the existing ponds before May 15, I985. It was determined that in order to avert a crisis like the one Santa Rosa had, the City of Ukiah will move forward, post haste, to complete the new ponding project. A question and answer period ensued regarding the City complying with bidding laws, percolation rate, effluent releases, irrigation with the effluent, and long term solutions to avoid another crisis. Mayor Myers requested that staff research, prepare and return to the City Council in the near future a report in regards to potential large effluent water users. No further action was taken. 10c. Resolution No. 85-60 Authorizing City Manager to Execute Unsecured Promissory Note to Sterling and Kay Norgard The City Manager reported that in the terms concerning the purchase of the 15.75 acre parcel owned by Sterling and Kay Norgard, the City is to provide a promissory note for the two future annual payments. M/S: Kier/Kelley to adopt Resolution No. 85-60 of the City Council of the City of Ukiah authorizing the City Manager to execute an Unsecured Promissory Note to Sterling and Kay Norgard to be paid in two future payments of $47,250 each, due and payable April 1, 1986 and April 1, 1987. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Kelley and Mayor Myers. NOES: None. ABSENT: Councilmember Hickey. RECESS: 8:30 P.M. RECONVENED: 8:42 P.M. NEW BUSINESS lla. Adoption of Resolution No. 85-61 Approving Extension for Tentative Subdivision Map - Las Casas Unit One The Director of Planning reported on April 21, 1983, the City Council approved the revised tentative subdivision map for Las Casas Unit One. State law stipulates that a final map must be recorded within two years of tentative map Reg. Mtg. April 3, 1985 Page 3 144 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 3, 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, Kelley and Mayor Myers. Absent: Councilmember Hickey. Staff present: Payne, Acting City Attorney Marston, Harris, Pedroncelli, Roper, Vara, McAfee, and City Clerk Hayes. INVOCATION AND PLEDGE OF ALLEGIANCE City Manager, D. Kent Payne delivered the Invocation and Councilmember Kelley led in the Pledge of Allegiance. PROCLAMATIONS Mayor Myers proclaimed the following: 4a. April 15-20, 1985, as Earthquake Preparedness Week. 4b. April, 1985, as Child Abuse Prevention Month. APPROVAL/CORRECTION OF MINUTES M/S: Kier/Henderson to approve the minutes of the March 20, 1985, regular meeting as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier and Mayor Myers. NOES: None. ABSTAIN: Councilmember Kelley. ABSENT: Councilmember Hickey. SPECIAL ORDER OF BUSINESS - 6:35 P.M. Architect, Victor Lopes updated the Council as to the progress being made at the Yokayo Site. He reviewed the square footage to be made available in the north and south wing corridors. He indicated plans are to include the police department, a fire station and the administration in these two wings. He reported the new City Council Chambers will have a seating capacity of 200 to 250 people. Discussion ensued regarding the timing of the project, the economics of whether to do a certain phase now or later, the fact that the building is not symmetrical and the design development stage. RIGHT TO APPEAL DECISION Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. CONSENT CALENDAR M/S: Henderson/Kelley to approve Consent Calendar items 8a through 8g as follows: Sa. Approved Payroll Warrants #5763 to #5908, $93,924.70 8b. Approved General Warrants #28228 to #28333, $339,190.18 8c. Denied Claim for Damages, Troy Ellis, and Referred to Insurance Carrier. Sd. Authorized the purchase of a used truck crane from Edward R. Bacon Company in the total amount of $36,250. 8e. Approved the waiver of green fees for the Friday practice round on May 24, 1985, for the 26th Annual Ukiah Invitational Golf Tournament. 8f. Awarded Bid for the Ukiah Municipal Airport Runway End Identification Light System Relocation to Rubio Electric, Inc., in the amount of $11,850. 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, Kelley and Mayor Myers. NOES: None. ABSENT: Councilmember Hickey. Reg. Mtg. April 3, 1985 Page 1