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HomeMy WebLinkAboutmin 08-17-83372 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - AUGUST 17, 1983 The City Council convened in regular session at 6:30 p.m. in the City Council Chambers. Roll was taken and the following Councilmembers were present: Dickens, Hickey, Myers, Kelley. Absent: Councilmember Feibusch Staff present: Payne, Rapport, Kruth, Harris, Gutierrez, Beard, Roper, Brosig, Goforth. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Hickey gave the Invocation and Councilmember Dickens led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Hickey/Myers to approve the minutes of the 8/2/83 meeting as amended carried by the following roll call vote: AYES: Dickens, Hickey, Myers, Kelley NOES: None ABSENT: Councilmember Feibusch. M/S: Hickey/Dickens to approve the minutes of the 8/3/83 meeting as amended carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Kelley NOES: None ABSENT: Councilmember Feibusch RIGHT TO APPEAL Mayor Kelley reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. CONSENT CALENDAR M/S: Hickey/Myers to approve Consent Calendar Items 6a-6j as follows: 6a. Payroll Warrants, #23460-23608, $75,713.66 6b. General Warrants, #23435-23578, $437,110.03 6c. Awarded bid, miscellaneous items for 115 kv feeder to various suppliers in the amount of $18,804.99 6d. Awarded bid, Fire Department ladder truck equipment to; Capital Fire Equipment in the amount of $1,192.08; Halprin Supply in the amount of $2,048.19; L.N. Curtis & Sons in the amount of $2,697.70; Western Fire Equipment in the amount of $7,526.05 6e. Denied claim for damages, Richard Buchholz, and referred to insurance carrier 6f. Denied claim for damages, Glenn T. Bourbon, and referred to insurance carrier 6g. Approved Notice of Completion, street improvements on Main St. between Clay & Perkins 6h. Approved Notice of Completion, concrete improvements on School St., Clay to Standley 6i. Adopted Resolution No. 84-15, authorizing addendum to agreement, City Attorney services 6j. Approved Report of Administrative Actions & Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Kelley NOES: None ABSENT: Councilmember Feibusch UNFINISHED BUSINESS 8a. Report Regarding Drainage Pipe Installation Problem, Bert Hinds City Manager stated the City Attorney's report addressing this subject states that the City can condemn a right-of-way across private property for the purpose of constructing a storm drainage system, if the purpose for taking the property is to provide adequate drainage or control flood water and the taking benefits the whole community and not just a few individuals. However, City Council Minutes August 17, 1983 Page 1 373 before the City can exercise its power of eminent domain, it must offer as compensation the appraised market value of the easement to the owner of record and thereafter adopt a resolution of necessity as provided in Government Code section 1245.230. Unless it can acquire the property through gift of purchase, the City must proceed through judicial condemnation proceedings under Government Code sections 1250.110 et seq. and pay to the owner the appraised value of the easement. Councilmember Myers questioned the cost of such an appraisal. City Manager responded that the City has had appraisals done for $100 - $200. Mr. Bert Hinds, 535 S. Spring St. was present to answer questions. Councilmembers Myers asked if the other property owners would participate in financing the appraisal. Mr. Hinds stated he could not speak for the others. Councilmember Dickens asked him if he would poll the neighbors. Mr. Hinds stated he would need to know the cost of an appraisal beforehand. City Manager stated he would obtain this information for him. Councilmember Myers stated he reluctantly agreed to have City crews install the culvert but did not feel the City should be in the appraisal business. M/S: Myers/Hickey that Mr. Hinds ask the other property owners to consider the financial investment in the area of the condemnation appraisal carried by a unanimous voice vote. 8b. REPORT REGARDING NOISE AND PARKING PROBLEMS, T.K. MINING City Attorney stated his eight page report was too lengthly to review at this meeting and that he did not wish to make an oral report but agreed to answer questions. M/S: Dickens/Hickey that the City Council direct the City Manager not to re-issue a business license until the City receives certification that T.K. Mining is in compliance with the zoning ordinance. Councilmember Dickens questioned how the determination was made that 246 people could occupy the building at one time. Captain Duane Carpenter, presently Acting Fire Chief, 9100 West Rd., Redwood Valley, explained that occupancy loads are determined according to the use. Mayor Kelley asked the City Manager if the use has been changed which allowed a change from 100 to 246 occupants. Acting Fire Chief stated that the use did not change but that T.K. Mining utilizes dance floor space which requires less square footage per person than a dining area and that T.K. Mining installed two additional exits which also allows for additional occupants. Planning Director stated that the original proposal was to utilize the same use as the previous establishment, which was a bar and restaurant. He noted that live music and dancing are considered part of a bar and restaurant and no structural additions were made to the facility that was there. The interior space was utilized differently, but 'the use did not change. Motion carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Kelley NOES: None ABSENT: Councilmember Feibusch. PUBLIC HEARINGS 7a. Applicant Appeal of Planning Commission Denial Variance App1. 83-93, Nicolas Castillo City Manager stated that a request was received from the attorney representing the applicant to continue this matter to September 7, 1983. As the public hearing was noticed, it was decided to open it for public input. City Council Minutes August 17, 1983 Page 2 374 PUBLIC HEARING OPENED: 7:03 p.m. No one addressed the issue. M/S: Myers/Hickey to continue the public hearing to September 7, 1983 carried by a unanimous voice vote. 7b. General Plan Amendment 1983-B, Land Use Change, Orchard Avenue Extension South area and Documentation Changes, Community Facilities Element, Sanitary Land Fill Site Compatibility. Planning Director stated the Land Use Change was an application by the property owner requesting the change from Medium High to High Density Residential. He noted it was the Planning Commission's determination that such a change was appropriate. The property owner indicated a desire to build at approximately 20 units per acre rather than the maximum allowable. With the extension on Orchard Avenue south and the proposed signalization at Orchard and Gobbi, traffic problems would be mitigated. The subject area is currently zoned PD, Planned Development, which would require any construction to be approved through a Use Permit process by the Commission and the Council. In this manner, each project would require notification of near-by property owners and opportunities for discussion of the particular project details. Flood hazard and park area were also considered. 95% of the property is outside the 100 year flood hazard area. Parks would be addressed by the PD Use Permit. Staff concurs with the recommendation of the Planning Commission. Planning Director then stated the changes to the Community Facilities Element reflect the concern for continued operation of the Sanitary Landfill site as well as the corridor to the site. They were initiated by staff in response to the concerns presented during the Council consideration of the County Solid Waste Management Plan. PUBLIC HEARING OPENED: 7:12 p.m. Wilma Williams, 3 Betty Street opposed the land use change to High Density Residential and expressed concern about the traffic. Olaf Gross, the developer, stated the benefits his project would provide to the neighbors, to the City and to persons seeking moderate priced housing. Some of the benefits mentioned were; the traffic signal at Gobbi and Orchard; well designed residences with landscaping which would beautify the neighborhood and raise the market value of existing homes; and an increased property tax and water and sewer and electric revenue base. Pete Passoff, 155 Debra Ct., stated he was not noticed regarding this and asked about the noticing procedure. He questioned Planned Development and noted he was pleased to hear about the proposed traffic signal on Orchard and Gobbi. PUBLIC HEARING CONTINUED TO SEPTEMBER 7, 1983. Councilmember Myers asked that Mr. Passoff's questions be answered at this time. Planning Director stated that 45 people were noticed through the mail and newspaper. He noted that General Plan Amendments do not require that everyone within 300 feet of the subject property be noticed as they are for zone changes. He further noted that the area is not being rezoned and that it is still PD which requires a Use Permit prior to any construction. Councilmember Dickens stated she would like to extend the courtesy beyond State guidelines and notice everyone who would be affected. Councilmember Myers felt her point was well taken and that it should be agendized for another meeting. Councilmember Dickens asked that the matter of noticing be placed on the September 7, 1983 agenda. City Council Minutes August 17, 1983 Page 3 375 RECESS: 7:40 p.m. RECONVENED: 7:50 p.m. UNFINISHED BUSINESS - CONTINUED 8c. Award of Contract, Lake Mendocino Power Project Construction Public Works Director stated the bids were received and the low bidder was Underground Construction Company, who bid 19 percent under the Engineer's Estimate and 17 percent under the second low bidder. He recommended that the award of major work contracts follow the receipt of bids for bonds, which is scheduled for September 7, 1983, so that all substantial costs of the project are known before total commitment. Gordon Marsh, Project Manager, Tudor Engineers, was available to answer questions. He stated the low bidder was a reputable, large bidder. Councilmember Dickens questioned why some of the items, such as the steel conduit liner was so much below the Engineer's estimate. Mr. Marsh stated the bidder received cheap steel, but that it was not a lesser grade and met the specifications. M/S: Myers/Hickey to defer action on this until September 7, 1983 carried by a unanimous voice vote. 8d. Authorize City Manager to Execute Agreement with Tudor Engineering for Lake Mendocino Power Project M/S: Myers/Hickey to defer action on this until September 7, 1983 carried by a unanimous voice vote. 8e. Ukiah Valley Sanitation District Reorganization City Manager reviewed his memo to the County Administrator and made two recommendations to the City Council. The first recommendation was to endorse Alternative #7, which was "Payment of outstanding bond obligations and District then being dissolved with the City serving customers in the former District area on its own prerogative." The second recommendation was that the City Council direct the City Attorney to work with the attorney for the Ukiah Valley Sanitation District to initiate the necessary contracts and/or legal proceedings for the abolition of the Ukiah Valley Sanitation District in order that the City of Ukiah provide sanitation services to all customers in the Ukiah Valley. M/S: Hickey/Myers to endorse Alternative #7, "Payment of outstanding bond obligations and District then being dissolved with the City serving customers in the former District area on its own prerogative." Councilmember Myers asked if this would be reviewed by the Sanitation Board. Mayor Kelley stated it would. Councilmember Myers asked who pays the indebtedness? City Manager stated the actual details would be worked out during negotiations of the dissolutionment and that preliminary negotiations have taken place. Motion carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Kelley NOES: None ABSENT: Councilmember Feibusch. 8f. Resolution No. 84-9 Establishing Findings, Variance Appl. 83-95, Madden, Clara Ave. City Manager stated that findings to support the granting of variances are required by City and State codes. He recommended adoption of subject resolution to support findings mentioned at the last meeting. M/S: Myers/Hickey to adopt Resolution No. 84-9, Resolution of the City of Ukiah Granting Variance Application No. 83-95, Madden, Clara Avenue, City Council Minutes August 17, 1983 Page 4 CUO0' IO 376 Encroachment in Rear Yard Setback and Findings in Support Thereof failed by the following roll call vote: AYES: Councilmembers Hickey, Myers NOES: Councilmembers Dickens, Kelley ABSENT: Councilmember Feibusch. Councilmember Myers requested that Resolution No. 84-9 be placed on the next agenda. 8g. Parking Time Limit Change City Manager stated the legal documents will be prepared for the next meeting and requested continuation of this matter to that time. It was the consensus of the Council to continue this matter to September 7, I983. NEW BUSINESS 9a. Resolution No. 84-10 Providing for Issuance of Electric Revenue Bonds 9b. Resolution No. 84-11 Authorizing Issuance & Prescribing Terms, Conditions & Form of $18,000,000 Principal Amount of Electric Revenue Bonds, Series A 9c. Resolution No. 84-12 Approving Preliminary Official Statement & Authorizing & Directing Sale of $18,000,000 Principal Amount of Electric Revenue Bonds, Series A Bob Powell, Rauscher, Pierce Refsnes, Inc., One California Street, San Francisco, was available to answer questions. Councilmember Dickens asked why information was included about the County in the Official Notice of Sale? Mr. Powell stated that it was to prove the City could raise the money to meet the debt payments. They had to show the City and the community are sound and the County was included to show Ukiah's economic picture. Councilmember Dickens then asked how many of the 800 would respond. Mr. Powell stated 80 to 100 investment firms were expected to respond. Richard Delle Fave, Esq., Orrick, Herrington & Sutcliffe, 600 Montgomery Street, San Francisco stated that Resolution No. 84-10 was the master resolution that authorizes bonds up to $23,000,000. Resolution No. 84-11 provides for the issuance of Series A and sets forth the terms. Resolution No. 84-12 authorizes the sale of the bonds. M/S: Myers/Hickey to approve Resolution No. 84-10, A Resolution of the City Council of the City of Ukiah Providing for the Issuance of City of Ukiah Electric Revenue Bonds carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Kelley NOES: None ABSENT: Councilmember Feibusch M/S: Myers/Hickey to approve Resolution No. 84-11, A Resolution of the City Council of the City of Ukiah Authorizing the Issuance and Prescribing the Terms, Conditions and Form of $18,000,000 Principal Amount of City of Ukiah Electric Revenue Bonds, Series A carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: Councilmember Feibusch. M/S: Myers/Hickey to approve Resolution No. 84-12, Resolution Approving Preliminary Official Statement & Authorizing & Directing Sale of $18,000,000 Principal Amount of Electric Revenue Bonds, Series A carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Kelley NOES: None ABSENT: Councilmember Feibusch. 9d. Introduction of Ordinance No. 815 Approving Member Agreement, NCPA, Geothermal Generating Project No. 3 Electrical Distribution Engineer stated the agreement provides for construction, operation and financing of Geothermal Generating Project No. 3. City Council Minutes August 17, 1983 Page 5 377 He noted it does not require an outlay of funds from the City but merely sets the mechanism in place for financing to be secured and sets forth the City's obligations to pay the financing cost out of revenues, once the project is operating. Financing for the headquarters building to be located in Roseville is also included in this agreement. City Manager noted that this is the last off-ramp and that approval will commit the City to Project No. 3. M/S: Dickens/Kelley to introduce Ordinance No. 815 by title only carried by a unanimous voice vote: Mayor Kelley requested that the minutes reflect that although this is the last off-ramp for Project No. 3 it in no way authorizes the headquarters building to be built. Councilmember Dickens requested that NCPA come to the next City Council meeting on September 7, 1983 to discuss the headquarters building. M/S: Hickey/Myers to introduce Ordinance No. 815, An Ordinance of the City Council of the City of Ukiah, California, Approving the Terms and Conditions of Member Agreement Between Northern California Power Agency and Certain Participating Members and Authorizing the Execution of and Delivery of Said Agreement by Officers of the City of Ukiah carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Kelley NOES: None ABSENT: Councilmember Feibusch. 9e. Introduction of Ordinance No. 816 Approving Member Agreement, NCPA Transmission Project No. 1 Electrical Distribution Engineer stated this agreement sets forth the transmission service available from this project to project participants and provides the terms and conditions for the financing of the project. He noted it does not authorize the expenditure of funds at this time but that it provides a means for financing these projects when they become feasible. He further noted that the payback will be from the City's savings from wheeling costs. Councilmember Dickens did not feel that as a last off-ramp she had sufficient information compared to Project No. 3. Electrical Distribution Engineer stated additional information will be needed to determine if it is economically feasible, but due schedule and time constraints he did not have that information at this time. Councilmember Dickens asked who would determine if it was economically feasible. Councilmember Hickey stated R.W. Beck's findings will be submitted to NCPA, but it will have to be ratified by the member cities. M/S: Dickens/Hickey to introduce Ordinance No. 816 by title only carried by a unanimous voice vote. M/S: Dickens/Hickey to introduce Ordinance No. 816, An Ordinance of the City Council of the City of Ukiah, California, Approving the Terms and Conditions of a Member Agreement Between Northern California Power Agency and Certain Participating Members and Authorizing the Execution of and Delivery of Said Agreement by Officers of the City of Ukiah carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers, Feibusch NOES: None ABSENT: Councilmember~Feibusch 9f. Resolution No. 84-13 Approving Agreement for Financing of Planning & Development Activities for Construction of Combustion Turbine Generating Facilities. Electrical Distribution Engineer stated that the Interconnection Agreement provides a demand ratchet provision that provides high cost for excess demand created by the City. It is therefore desirable for NCPA to investigate the advantages of peaking turbines to reduce this high cost. The Phase II City Council Minutes August 17, 1983 Page 6 378 Agreement is asking for a total commitment of $56,000 for preliminary investigation. This portion of the investigation would address such matters as location of sites, environmental restrictions, sizing of the units as well as actual utilization of the facilities. Ukiah's portion of this phase of the investigation would be 10% or $5,650. Councilmember Myers stated he will vote in favor of the agreement but feels the City should start capitalizing on its investments. Mayor Kelley stated he will vote against this agreement and expressed concern that the City is involved in so many projects outside the community. He felt the City should pursue more energy projects locally. Councilmember Dickens asked if other projects could be used for peaking. City Manager stated Lake Mendocino is a run of the river project and could not be used for peaking and that Shell II and Shell III are required to run as base load projects. He noted that Calaveras is the only peaking project the City is involved in. M/S: Hickey/Myers to adopt Resolution No. 84-13, Resolution of the City Council of the City of Ukiah, Authorizing the Mayor and Clerk to Execute a Phase II Agreement for Financing of Planning and Development Activities for Construction of Combustion Turbine Generating Facilities carried by the following roll call vote: AYES: Councilmembers Dickens, Hickey, Myers NOES: Mayor Kelley ABSENT: Councilmember Feibusch. 9g. Resolution No. 84-14 Adopting Updated Minority Business Program Assistant Director of Public Works stated this program is required to be updated annually in order for the City of Ukiah to remain eligible for the use State and Federal construction funds. M/S: Myers/Hickey to adopt Resolution No. 84-14, Resolution of the City Council of the City of Ukiah Adopting Annual Update of Minority Business Program carried by the following roll call vote: AYES: Councilmember Dickens, Hickey, Myers, Kelley NOES: None ABSENT: Councilmember Feibusch. 9h. Discussion of Development Incentives (Kelley) Mayor Kelley stated he pulled this item temporarily. COMMENTS FROM THE AUDIENCE Pete Passoff, 155 Debra Ct., mentioned the low marks local government received on a survey in the Daily Journal and asked for the Council's opinion of it. Mayor Kelley stated the majority of the people generally do not like government and he would have given the survey more merit if he had known who the 20 people were that were surveyed. Councilmember Dickens stated most people do not realize what a complicated and all consuming task government is. Councilmember Myers felt the negative was accentuated and not enough positive. He stated it was not necessary to go far from Ukiah to see how well the City is run. CITY COUNCIL REPORTS Councilmember Dickens Stated she has observed a more positive attitude in the Ukiah Daily Journal and noted the series of articles on the Commissions. Noted that on August 31, 1983 and September 1, 1983 one day rallys will be held by the League of California Cities at the State Capitol in Sacramento. She felt it was important for the City to be represented. City Manager also felt it was important and stated if no Councilmembers could attend, someone from staff would represent Ukiah. City Council Minutes August 17, 1983 Page 7 379 Councilmember Myers Stated it would be good public relations to get a PA system that works. He also noted that he meant to pull two letters from the R.A.A.P. which addressed the traffic on Gobbi and Waugh Ln. and stated he could attest to the increased traffic at that location. He hoped the Traffic Engineering Committee could do something to mitigate the traffic problem in that area. He reported that at the Chamber of Commerce meeting, their budget was tabled to allow a more in depth study. The matter will be heard at their meeting on August 31, 1983. He will try to attend and invited other Councilmembers to attend also. A major concern discussed was the Band Review. Mayor Kelley Requested the matter of traffic circulation be agendized for the September 21, 1983 meeting. ADJOURNMENT There being no further business, the meeting adjourned at 10:05 p.m. to a closed session following the Redevelopment Agency Meeting at which no action was taken. Adjourned 10:15 p.m. Sandra Gutierrez Secretary City Council Minutes August 17, 1983 Page 8