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HomeMy WebLinkAboutmin 08-20-86371 9c. Adoption of Policy Resolution No. 16 - Service Club Expense The City Manager noted that during the Goal Setting Session, Council expressed and discussed the value of attending and participating in service clubs and other community organizations. Council discussed the possibility of expanding the policy resolution to include all City employees and that reasonable dues, fines, and expenses could be reimbursed as directed by the City Manager. M/S Shoemaker/Kier adopted Policy Resolution No. 16, declaring expenses for Council, Department Heads, and Supervisory Personnel, Service Clubs - Income Tax. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. The City Attorney noted that no one has investigated or is advising that Policy Resolution No. 16 will make expenses tax deductible. Council directed staff to investigate the costs that could be ~ncurred by the City if certain supervisory and management personnel were reimbursed for club expenses. 9d. Lake Mendocino Power Pro~ect Work Order No. 15, Amendment No. 7 - Tudor En$ineerin$ Company This item will be discussed during Closed Session. 9e. Report of Administrative Actions and Proposals (R.A.A.P.) Councilmember Shoemaker had some questions regarding the material from the Traffic Engineering Committee; agenda, minutes, and report dates did not correspond. The City Manager explained. M/S Shoemaker/Hickey approved the Report of Administrative Actions (R.A.A.P.). The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. COMMENTS FROM AUDIENCE Nancy Verville, representing the League of Women Voters, stated she will be contacting the Planning Director because she would still like to know on what basis the negative declaration for prezoning was founded. Karen Bonime, 1112 Elm Street, read a letter from Catherine Weber regarding shadow painting and exposure to nuclear fallout. City Council Reports Councilmember Schneiter None. Councilmember Shoemaker Questioned where the property on Observatory Avenue has progressed and noted the monies that had been pulled from the County budget by the Board of Supervisors for the gravel study. The City Manager recounted his recent conversation with GSA officials regarding the Observatory Avenue property. They have assured him that it has not been declared surplus property as yet. Councilmember Hickey None. Reg. Mtg. August 20, 1986 Page 4 372 Councilmember Kier None. Mayor Henderson Discussed Joint-City meeting held on August 13, 1986 regarding annexation. The County cities propose meeting once a quarter. Discussed a future date, to be arranged by the City Manager, for a tour of the Masonite Plant. Noted the City Picnic the next day. Set up an annexation Council/Staff workshop for September 25, 1986, at 4:00 p.m., Old City Council Chambers. Council discussed cancelling the September 17, 1986 City Council meeting. M/S Hickey/Kier for lack of a quorum on September 17, 1986, the City Council will not hold a regular meeting. The motion was carried by a unanimous voice vote. NOES: None. RECESS: 8:10 P.M. RECONVENED: 9:00 P.M. CLOSED SESSION The City Attorney recommended proceeding to Closed Session under the exception to the Brown Act, Section 54957.2, Subsection A, to discuss pending litigation of Underground Construction Company vs. The City of Ukiah, et al., pending in Mendocino County Superior Court, Case No. 50850, in connection, Work Order No. 15, Amendment No. 7 - Tudor Engineering Company will be discussed. M/S Schneiter/Kier to go into Closed Session to discuss the following: Pending Litigation: Underground Construction Company vs. The City of Ukiah, et al., pending in Superior Court, Case No. 50850. 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 9:02 p.m. The Council reconvened at 9:19 p.m. The following was announced: M/S Kier/Schneiter authorized the City Manager to execute Lake Mendocino Power Project Work Order No. 15, Amendment No. 7 - Tudor Engineering Company. The motion was carried by a unanimous voice vote. NOES: None. M/S Htckey/Schneiter authorized the City Manager to sign an agreement modifying a prior agreement with Tudor Engineering Company regarding payment of past authorized work for which payment was previously deferred, authorized waiver of all past interest, authorized immediate payment of $600,000 and the additional $124,000 by December 31, 1986. If the additional payment is not paid, there will be a 7%% interest on the unpaid balance. Payments for Work Order No. 15, Amendment No. 7, deferred until final settlement in Underground Construction Company vs. Tudor Engineering Company, City of Ukiah, et al. The motion was carried by a unanimous voice vote. NOES: None. ADJOURNMENT There being no further business, the meeting was adjourned at 9:25 p.m. Yvette S. Hayes City Clerk Reg. Mtg. August 20, 1986 Page 5 369 6a. Approved the Payroll Warrants of August 20, 1986, #11139 to #11291 in the amount of $91,599.91. 6b. Approved the General Warrants of August 20, 1986, #32314 to #32413 in the amount of $173,958.82. 6c. Denied the following Claims for Damages and Referred the Matters to Insurance Carrier: i. Jack E. Taylor ii. Margaret R. Taylor 6d. Awarded the bid for Construction of Water Main Improvements at the Airport, Dora Street, and Warren Drive to Mattern Sand and Gravel in the amount of $35,174.50. 6e. Authorized the City Manager to dispose of two structures, 101 Norgard Lane and 111 Norgard Lane, for the Airport Clear Zone. 6f. Authorized the Mayor and City Clerk to execute the Quitclaim Deed of Minor Subdivision No. 86-9. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. PETITIONS AND COMMUNICATIONS 7a. Letter from Men's Softball Association Requesting Loan from the City of Ukiah The City Manager reviewed the letter received. John Turri, 230 Bourbon Lane, representing the Men's Softball Association, explained that the Softball Complex is 99% complete. To get it to that point the Men's Softball Association has worked many evenings and weekends. He noted that weekend work projects could not secure purchase orders for materials needed so monies were spent out of their general fund for capital expenditures. He requested that the City reimburse or make a loan to the Men's Softball Association through Quimby Act Funds. He believes that $5,000 would be needed to complete the complex. M/S Kier/Shoemaker referred matter to staff to see if a workable solution can be accomplished for the Men's Softball Association. Recommendations are to be brought back for Council approval. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. UNFINISHED BUSINESS 8a. Adoption of Ordinance No. 858 - Prezone 86-69 - Ukiah North The City Manager noted that the ordinance is in proper form. M/S Hickey/Kier to adopt Ordinance No. 858 by title only. The motion was carried by a unanimous voice vote. The City Clerk read Ordinance No. 858 by title only. M/S Hickey/Kier to adopt Ordinance No. 858, prezoning certain properties Uktah North. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. 8b. Establishment of Policy Regarding Property Tax Split Annexations The City Manager explained the historical relationship of fundings regarding annexation and the current situation that is existing as with the Caldwell Frontage Road Annexation. He noted the County seems to have no problems when vacant or residential areas want to annex into the City but when tax revenue areas are in question the County wants to be held harmless or made whole. This unilateral action concerns the City and he believes there should be consistent tax splits for all annexations. M/S Kier/Shoemaker adopted a City position that it is willing to negotiate for a property tax shift on the property tax base generated within the area to be Reg. Mtg. August 20, 1986 Page 2 370 annexed at the time of annexation. The City Manager is to request that the Local Agency Formation Commission direct its Executive Officer to file the annexation, known as the Caldwell Frontage Road Annexation No. 86-1, with the Commission. Further, the City Manager is to notify the County of Mendocino by letter that: 1) The City requires that negotiations on the property tax split be concluded within 30 days from the date of such letter regarding the Caldwell Frontage Road Annexation No. 86-1 and/or; 2) That within that same 30-day period an overall master annexation property tax exchange agreement be negotiated between the City of Ukiah and the County of Mendocino and/or; 3) That the County of Mendocino reinstate the previous policy of property tax split upon annexation which treats newly annexed property equal to all other City/County property. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. Discussion ensued regarding if there were no response~from the County on said issue. The City Attorney suggested that Council may want to pass a resolution approving property tax splits and preSent it to the Local Agency Formation Commission (LAFCO) and document with them that the County has not complied within the 30-day period because they want to negotiate over taxes other than property taxes. Request that LAFCO issue a Certificate of Filing or Council could just request the Certificate of Filing and suggest they (LAFCO) seek legal advice from the County Counsel regarding said issue. NEW BUSINESS 9a. Authorize City Manager to Execute Consultant Contract Solid Waste Site Study - Calderon Bill - Water Quality The Public Works Director explained that Request For Proposals (RFP) were prepared and consulting firms were asked to propose a study to comply with AB 3525 (Calderon Bill). The proposals received exceeded the budgeted amount. RFP's were revised so as the first phase of the Calderon Bill could be performed. He noted that the air quality portion of the bill will be proposed next year when more guidelines are defined by the State. There was discussion on how well the study will satisfy the requirements of the Calderon Bill and if new wells may have to be drilled at the site. The Public Works Director responded that there may be additional wells required and that he believes the study proposed will satisfy the Bill's requirements. M/S Kier/Schneiter authorized the City Manager to execute an agreement with Eljumaily-Butler Associates for professional services to conduct a portion of the Calderon Study (AB 3525) at the Ukiah Solid Waste Site for an estimated fee of $17,260.00. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. 9b. Adoption of Resolution Changing Location of City Council Meetings to Grace Hudson Museum The City Manager reported, as per Council's request, that staff look at the Grace Hudson Museum and determine if it has sufficient space to hold the City's public meetings. It will be suitable for the City's needs and as of the 1st of September, the City could hold meetings at the Grace Hudson Museum. M/S Kier/Hickey adopted Resolution No. 87-19 establishing meeting place for regular City Council meetings. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. Reg. Mtg. August 20, 1986 Page 3 368 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - AUGUST 20, 1986 The City Council convened in regular session at 6:30 p.m., in the Ukiah Unified School Board Room. 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, and City Clerk Hayes. INVOCATION AND PLEDGE OF ALLEGIANCE The Public Works Director delivered the Invocation and Councilmember Kier led the Pledge of Allegiance. The City Manager requested an item be added to agenda as New Business, Item 9d, Lake Mendocino Power Pro~ect Work Order No. 15 Amendment No. 7 - Tudor Engineering Company. M/S Hickey/Kier approved the added item to agenda. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. APPROVAL/CORRECTION OF MINUTES Councilmember Shoemaker requested an addition to the August 6, 1986 Minutes. Page 3, after the 5th paragraph (which is the motion to item 7a.) add a new paragraph which reads: Council stated that they would like to have the Traffic Engineering Committee review the stop sign request at Luce Avenue and South Avenue. M/S Hickey/Schneiter approved the City Council Minutes of August 6, 1986 as amended. The motion was carried by the following roll call vote: AYES: Councilmember Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. Councilmember Shoemaker requested an addition to the August 11, 1986 City Council Minutes. Page 1, under the Economic Development Goal, add an Objective No. 6. City should determine if they should become the lead agency on recruiting business to Ukiah. Mayor Henderson requested some additions and corrections to said Minutes. Page 1, under Economic Development Goal, Objective No. 1, Items a, b, and c, add the word consider. Page 2, under Infrastructure, Objective 2, Item b, omit railroad crossing, add Russian River Crossing. Page 3, under Promote Ukiah Goal, Objective No. 1, Item bi, omit the words for staff. The City Attorney requested clarification to the Miscellaneous Goal, Objective 2, should read: enforcement of variance conditions. M/S Hickey/Schneiter approved the City Council Minutes of August 11, 1986 as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None. RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR Councilmember Shoemaker requested that Consent Calendar, Item 6g. Report of Administrative Actions and Proposals (R.A.A.P.) be pulled and placed under New Business as Item 9e. M/S Hickey/Kier approved the Consent Calendar, Items 6a, 6b, 6c, 6d, 6e, and 6f as follows: Reg. Mtg. August 20, 1986 Page 1