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HomeMy WebLinkAboutmin 01-21-87427 The City Manager recommended that Council go into Closed Session regarding negotiations to renew a lease with the County. Said property ~p the back nine holes of the Municipal Golf Course which is owned by the County and leased by the City. M/S Kier/Shoemaker to go into Closed Session to discuss the following: le Pending Litigation: Underground Construction Company, et al. vs. City of Ukiah, Mendocino County Superior Court Case No. 50850. 2. Property Negotiations. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. The Council went into Closed Session at 9:22 p.m. The Council reconvened at 10:15 p.m. M/S Schneiter/Hickey to approve interim certificate of substantial completion subject to staff verifying accuracy and completeness of items to be completed prior to final payment attached to said certificate. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. ADJOURNMENT There being no further business, the meeting was adjourned at 10:19 p.m. Yvette S. Hayes City Clerk Reg. Mtg. January 21, 1987 Page 5 425 8d. R. W. Beck - Demand Side Ener~M Management StudM The Mayor noted that the Electrical Conservation Committee has requested putting off any actions on said subject until the February 4, 1987 Council Meeting. M/S Hickey/Schneiter postpone the R. W. Beck - Demand Side Energy Management Study to the City Council Meeting of February 4, 1987. The motion was carried by a unanimous voice vote. NOES: None. NEW BUSINESS 9a. Presentation of Report - Telecommunication Services for the Civic Center Councilmember Schneiter left at 7:57 p.m. because of a possible conflict of interest. The City Manager noted the Phase I Report from the Communication Resources Company (CRC). Glenn Rudh from CRC addressed Council regarding the report and talked about what his company believes to be the City's needs at the new Civic Center. Council discussed and questioned several items in the report. Mr. Rudh responded. There was more discussion regarding a bidders conference, review of the bid documents by staff and the City Attorney before they were sent out, and awarding the bid to the most responsible party. M/S Kier/Hickey accepted CRC's Phase I Report of the Telecommunication Services for the City of Ukiah and to proceed with Phase II. The motion was carried by the following roll call vote: AYES: Councilmember Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. ABSENT: Councilmember Schneiter. Councilmember Schneiter returned at 8:27 p.m. RECESS: 8:27 P.M. RECONVENED: 8:34 P.M. 9b. Letter from MTA Re~ardin§ Joint Powers Agreement The City Manager noted and explained the communication from Bruce Richards, General Manager of MTA. M/S Kier/Hickey approved the execution of the Joint Powers Agreement for the 1987-88 Fiscal Year with MTA. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. M/S Kier/Shoemaker the City Council does not object to an automatic renewal provision for a period of up to four years, provided there are adequate safeguards for review, amendment, withdrawal, and termination. The motion was carried by a unanimous voice vote. NOES: None. 9c. Appointment of Auditor - Ukiah Solid Waste The City Manager explained the franchise agreement that Ukiah Solid Waste provide an audit report to the City. M/S Kier/Hickey approved the audit proposal of Davis Hammon and authorized the City Manager to execute an agreement between Davis Hammon and Ukiah Solid Waste for audit services for years ending December 1986, 1987, and 1988, subject to satisfactory completion of each year. The motion was carried by a unanimous voice vote. NOES: None. Reg. Mtg. January 21, 1987 Page 3 426 9d. Matter of Request from Ukiah Redevelopment Agency for a Loan of $50,000 i. Approve Loan Agreement The City Manager explained the request from the Uktah Redevelopment Agency. He noted that the Agency may be requesting more funds later. M/S Hickey/Schneiter adopted Resolution No. 87-37, Authorizing Loan to Ukiah Redevelopment Agency - 1987. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. ii. Approve Appropriation of Funds - $50,000 from General Fund Reserve M/S Kier/Schneiter approved the budget transfer of $50,000 from the General Fund to Fund No. 960, Redevelopment Agency. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. M/S Kier/Schneiter authorized the Mayor and City Clerk to sign a City-Agency Agreement which sets the repayment of funds at principle plus 10% annually upon the Agency's first received revenue. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. 9e. Matter of Substantial Completion - Lake Mendocino Hydro-Electric Project The Mayor noted that said subject should be discussed after Closed Session. M/S Hickey/Shoemaker consider the matter of Substantial Completion of the Lake Mendocino Hydro-Electric Project after Closed Session. The motion was carried by a unanimous voice vote. NOES: None. COMMENTS FROM AUDIENCE None. CITY COUNCIL REPORTS Councilmember Schneiter None. Councilmember Shoemaker None. Councilmember Hickey Announced he will not be at the next City Council Meeting. Councilmember Kier Discussed the first Main Street Program Meeting. Mayor Henderson Noted that she has been selected to be the representative from the County's four cities to the Rural Renaissance Committee. Noted the Post Office's request for a bigger building in the City or surrounding area. She would appreciate comments from Council and staff on the issue. RECESS: 8:56 P.M. to Redevelopment RECONVENED: 9:20 P.M. The City Attorney recommended that Council go into Closed Session regarding Section 54956.9 of the Brown Act, Pending Litigation, Under~round Construction Company, et al. vs. City of Ukiah, pending in Mendocino County Superior Court, Case No. 50850. Reg. Mtg. January 21, 1987 Page 4 423 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - JANUARY 21, 1987 The City Council convened in a regular session at 6:44 p.m., in the Public Meeting Room at the Grace Hudson Museum. Roll was taken and the following Councilmembers were present: Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. Staff present: City Manager Payne, City Attorney Rapport, Public Works Director Pedroncelli, Planning Director Harris, Electric Utilities Director Roper, Personnel Director Horsley, and City Clerk Hayes. INVOCATION/PLEDGE OF ALLEGIANCE The Public Works Director delivered the Invocation and the Mayor led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S Hickey/Schneiter approved the City Council Minutes of the Rescheduled Meeting of December 17, 1986, held January 7, 1987, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Hickey, Kier, and Mayor Henderson. NOES: None. ABSTAIN: Councilmember Shoemaker. Mayor Henderson noted a couple of corrections to the January 7, 1987 City Council Minutes. Page 4, Item 9c, omit: No action was taken. Add: He will return those changes for Council's approval. Item 9d, omit: No action was taken. M/S Hickey/Kier approved the City Council Minutes of January 7, 1987, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Hickey, Kier, and Mayor Henderson. NOES: None. ABSTAIN: Councilmember Shoemaker. SPECIAL ORDER OF BUSINESS - DISCUSSION WITH ARCHITECT, VICTOR LOPES, CIVIC CENTER Mr. Lopes presented a revised schedule of construction. He noted that 35-40% of the project is completed. He invited Council to take a tour of the building site. Discussion ensued regarding the work that has been done and what remains to be done. RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR M/S Hickey/Schneiter approved the Consent Calendar Items 7a, 7b, 7c, 7d, 7e, and 7f, as follows: 7a. Approved the Payroll Warrants of January 21, 1987, #12568 to $12714 and #12862 to #13009 in the amount of $186,014.40. 7b. Approved the General Warrants of January 21, 1987, #33567 to #33724 in the amount of $712,584.78. 7c. Denied the following Claims for Damages and Referred the Matter to the Insurance Carrier: i. Amy Jean Butcher ii. Jeffrey Bryan Taylor iii. Beatrice Davis 7d. Awarded the bid for cedar poles to J.H. Baxter and Company in the amount of $7,993.83. 7e. Adopted Resolution No. 87-35, Designating the Redevelopment Study Area. 7f. Approved the Report of Administrative Actions and Proposals (R.A.A.P.). Reg. Mtg. January 21, 1987 Page 1 424 The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. UNFINISHED BUSINESS 8a. Letter from Jared Carter and Associates - Re~ardin~ Jeter Deposit The City Manager noted the reports from staff that address Council's questions from the last City Council Meeting. The Planning Director explained that the Engineering Department has performed preliminary designs on the storm drain system for Orchard Avenue. Further, he noted that the Senior Citizens were granted a building permit to add two restroom facilities to their existing building and to pave the unimproved rear portion of their property. No requirement was placed on the Senior Citizens to pay for off-site drainage as the improvements were minor and because the City has no legal basis upon which to collect or require fees thereof. Councilmember Hickey discussed the reasons for asking for Mr. Jeter's deposit; that any additional paving in the area would cause more run-off. He believes the Senior Citizen's additional paving should constitute the same. Council discussed the paving issue. The City Attorney discussed Policy Resolution No. 5 and from that what can be imposed upon a developer. The City Manager discussed an analysis of the project and property of both projects. He noted that paving does not require a building permit. Discussion ensued. The City Attorney discussed setting up special assessment districts. Russ Jeter, Clearlake, addressed Council to discuss the $12,000 deposit he was required to make to the City of Ukiah. Discussion ensued. M/S Kier/Shoemaker find that the actions of the City conform to the requirements set forth in the agreement with Mr. Jeter and rejected his request for the return of funds. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Kier, and Mayor Henderson. NOES: Councilmembers Schneiter and Hickey. 8b. Adoption of Ordinance No. 864 - Curfew Hours The City Manager noted this was the second reading of the ordinance. M/S Hickey/Schneiter adopted Ordinance No. 864 by title only. The motion was carried by a unanimous voice vote. NOES: None. The City Clerk read Ordinance No. 864 by title only. M/S Hickey/Schneiter adopted Ordinance No. 864, Amending Division 7, Chapter 1, Article 4, of the Ukiah Municipal Code, pertaining to curfew for minors. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. 8c. Adoption of Resolution - Brown Act Amendments The City Attorney noted the resolution before Council modifies Section 6 and adds a new Subsection b to the Council's procedures. M/S Schneiter/Shoemaker adopted Resolution No. 87-36, Amending Resolutions No. 76-44, 76-45 (City Council Procedures). The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. Reg. Mtg. January 21, 1987 Page 2