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HomeMy WebLinkAboutMin 11-16-94MINUTES OF THE CITY COUNCIL OF THE CITY OF UK'rAH - November 16, 1994 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:30 p.m., in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue. roll call was taken and the following Councilmembers were present; Malone, Shoemaker and Mayor Schneiter. Absent: Councilmembers Mastin and Wattenburger. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Public Utility Director Barnes, Planning Director Sawyer, Redevelopment Asst. Director DeKnoblough, City Engineer Kennedy, and Assistant to the City Manager Harris. INVOCATION/PLEDGE OF ALLEGIANCE Mayor led the Invocation and Councilmember Malone led the pledge of allegiance. APPROVAL/CORRECTION OF MINUTES 3a. Regular Adjourned Meeting of November 1, 1994 M/S Malone/Shoemaker to approve the minutes of the regular adjourned meeting of November 1, 1994, as submitted. The motion on the floor was carried by the following roll call vote: AYES: Councilmembers Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmembers Mastin and Wattenburger. 3b. Regular Meeting of November 2, 1994 M/S M/S Malone/Shoemaker to approve the minutes of the regular meeting of November 2, 1994, as submitted. The motion on the floor was carried by the following roll call vote: AYES: Councilmembers Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmembers Mastin and Wattenburger. 159 4. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR The City Manager noted the letter received from Gale Bederson requesting her claim against the City of Ukiah be withdrawn, as her claim should be filed against the County Animal Control. M/S Malone/Shoemaker agreed to the requested withdrawal and approved the Consent Calendar as follows: 5a. Received and accepted the report regarding September 1994 disbursements. 5c. Received the report regarding acquisition of contractual services pursuant to the special procedures provision of the Ukiah Municipal Code for truck scale foundation, leachate main extension and miscellaneous drainage lines at the Solid Waste Disposal Site 5d. Received the report regarding acquisition of contractual services pursuant to the special procedures provision of the Ukiah Municipal Code for the outfall filters at the Solid Waste Disposal Sites East and west sedimentation basins. The motion on the floor was carried by the following roll call vote: AYES: Councilmembers Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmembers Mastin and Wattenburger. AUDIENCE COMMENTS ON NON-AGENDA ITEMS None. / / / Reg. Mtg. November 16, 1994 Page 1 160 UNFINISHED BUS~NES~ ?a. Adoption of Resolution Appointing City Treasurer to Fill the Unexpired Term of Robert Ranoohak till November 1996 Mayor Schneiter expressed his pleasure at the interview process and the four applicants participation. The City Manager commented the interview process was very helpful. Councilmember Shoemaker stated his pleasure at the very informational process of interviewing financial investment experts. Councilmember Malone concurred. M/S Mayor Schneiter/Malone to adopt Resolution No. 95-27, appointing Patrick Coyne as City Treasurer, to fill the unexpired term of Robert Ranochak till November 1996. The motion on the floor was carried by the following roll call vote: AYES: Councilmembers Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmembers Mastin and Wattenburger. ?b. Approval of Loan Agreement with State of California for Fuel Tank Construction at the Ukiah Municipal Airport The Airport Manager reported this loan is for the construction of above ground fuel tanks at the Ukiah Municipal Airport. This construction project was awarded by Council on October 5, 1994 to Beacom Construction in the amount of $149,734. It was noted this contract has been executed with a Notice to proceed issued by the City on November 4, 1994. The loan agreement for a 10 year period will result in a total indebtedness of $225 868 with one yearly payment. ' ' Mayor Schneiter questioned the interest rate. The Public Works director noted it was anticipated to be not more than 6% but is slightly more than the original projected interest rate. Discussion ensued regarding code amendments, fuel storage procedures and start and completion of this construction project. M/S Malone/Shoemaker to approve the loan and authorized the Mayor to execute the loan agreement with the State Department of Transportation on behalf of the City for the amount of $165,000, at a term of 10 years, with an interest rate of 5.8957%.The motion on the floor was carried by the following roll call vote: AYES: Councilmembers Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmembers Mastin and Wattenburger. 7c. Reset Date and Time for Electric Utility Workshop Mayor Schneiter noted that Mike McDonald of Northern California Power Association requested the 29th of November. The City Manager noted Councilmember Mastin has indicated he can only attend a meeting on November 29 or 30th. He noted the City Clerk has a previous commitment on the 29th and therefore the 30th would be preferable. It was the general consensus of Council to set the date and time of 4:00 p.m. on November 29, 1994, for the Electric Utility Workshop, in the Civic Center Council Chambers. ?d. Adoption of Resolution Preference Stating Solid Waste Policy The City Manager reported the draft resolution in the staff report has been amended and submitted for Council consideration at this meeting. Councilmember Shoemaker questioned the base rate for all commercial haulers wording, omitting some wording regarding guidelines and the Reg. Mtg. November 16, 1994 Page 2 supplement. The City Attorney noted he wrote this resolution with careful consideration for future concerns pertaining tho CEQA, and offered his legal opinion pertaining to CEQA requirements of Environmental Impact Reports. He proposed further amending wording. Mayor Schneiter stated this Resolution indicates what we support in concept with protections, and noted this doesn't change what we are trying to do. Councilmember Shoemaker expressed concern for any perceived commitment to any certain focus of EIR. Discussion ensued regarding possible amended wording. M/S Shoemaker/Malone to adopt Resolution No. 95-28, stating solid waste policy preference, with the three amendments as follows: Page 2, 2nd paragraph, Line 7, remove the word "only"; same paragraph, Line 8, add the words "among other things" after the word "...consideration,"; and Page 1, 5th paragraph, Line 5, delete the word "the" and replace with the word "CEQA"; and to correct the spelling of MSWMA's throughout the document. The motion on the floor was carried by the following roll call vote: AYES: Councilmembers Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmembers Mastin and Wattenburger. NEW BUSINESS Sa. Execution of Funding Agreement Between City of Ukiah and State of California for the Construction of Federal Aid Railroad Crossing Project on Commerce Drive, Program Supplement No. 005. The Public Works Director reported as a condition of the Wal-Mart Store Site Development Permit No. 90-87, railroad warning lights and crossing gates are to be installed at the railroad crossing wLth Commerce Drive by Wal-Mart. It was noted this crossing has been placed on the federal funding priority list for 90 percent funding which is available. As conditioned, Wal-Mart will reimburse the City the amount of the local share. He explained these funds will be used to construct this crossing. M/S Shoemaker/Malone authorized the Mayor to execute program supplement No. 005, Local Agency-State Agreement No. 01-5049 for Federal Funding of Railroad crossing project STPLR-5049 (1) on Commerce Drive. The motion on the floor was carried by the following roll call vote: AYES: Councilmembers Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmembers Mastin and wattenburger. Bb. Discussion Concerning Monthly/Quarterly Reports on Conference Center Enterprise - Shoemaker The City Manager reported the Conference Center Manager is completing his report this week which will be forwarded to Council next week and noted it will contain a balance sheet. Councilmember Shoemaker requested regular monthly reports. The City Manager replied in the affirmative. CITY COUNCIL/REPORT8 Councilmember Malone reported the annual Christmas tree lighting is coming up, noted he attended the evaluation meeting of the Pumpkinfest, and attended the Guys and Dolls reception at the theater followed by dinner at the Ukiah Valley Conference Center, and also attended a Sun House Guild farewell luncheon for Suzanne Abel Vidor at Sun House. He noted it will be hard to replace her as she put our museum on the map. Councilmember Shoemaker reported he saw in the Planning Commission minutes that there is a new policy regarding the placement of trees on private property. He indicated he remembers the Council set this policy for street trees in public setbacks. He remembers Council 161 Reg. Mtg. November 16, 1994 Page 3 162 establishing a policy regarding placing trees between the curb and sidewalk. Mayor Schneiter remembers there was extensive discussion about this, and thought Council developed guidelines and policy. The City Manager noted he will research this matter. Councilmember Shoemaker noted the County appears to have postponed landscaping financing. He questioned if they can omit landscaping requirements required by the City? The City Manager noted he will research this matter and let him know. Mayor Schneiter reported on the article in the paper regarding the grant awarded to the Sun House, noted he received a Mendocino Miss pageant dinner invitation and cannot attend, reported on November 28th, he and some staff members will be attending the Russian River Flood Control district meeting at the Farm Bureau at 8 p.m. and reported on the Sanitation District meeting he attended today, noting the next one is December 21, 1994. CITY MANAGER/DEPARTMENT HEAD REPORTS None. CLOSED SESSION None. ADJOURNMENT There being no further business the meeting was adjourned to the Electric Utility Workshop on November 29, 1994 at 4:00 p.m., to be held in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue. CCMIN.181 Cathy McKay CMC/AAE, City Clerk Reg. Mtg. November 16, 1994 Page 4