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HomeMy WebLinkAboutMin 05-06-92267 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - May 6, 1992 The City Council convened in a regular meeting at 6:32 p.m., in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: McMichael, Schneiter and Mayor Henderson. Absent: Councilmembers Wattenburger and Shoemaker. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, City Engineer Beard, Public Works Director Goforth, Electric Utility Director Barnes, Community Development Director Harris, Executive Assistant Stamelos, Electrical Technician Wobig and Sr. Accountant Brown. INVOCATION/PLEDGE OF ALLEGIANCE Mayor Henderson delivered the Invocation and Vice-Mayor Schneiter led the Pledge of Allegiance. 4. Proclamation - Second Annual Bike to Work Day The Mayor read and delivered the Proclamation to Steve Turner, who outlined upcoming events associated with bicycle awareness. 5. Special Order of Business - Presentation by Gary Nix on the Cultural Arts Advisory Committee Gary Nix, Cultural Arts Advisory Committee President, provided a quarterly progress report to Council regarding the committee's development of an arts education video, Adopt A School Arts Plan (ASAP), fundraising, planning of a magical moonshine theatre for May 1993, Chautauqua July 27 through August 1, 1992, finalizing the Five Year Plan for the Grace Hudson Museum and the upcoming summer concert series. Chairman Nix also indicated that Diane Sloan is the representative on the Califonria Arts Project at a two week symposium for school educators at Humboldt State University this summer. The Council expressed appreciation for the progress report. 6. Approval/Correction of minutes of Regular Adjourned Meetinq of April 8, 1992 The City Clerk reported due to a vacation and annual conference time, the minutes of the regular meeting of April 15, 1992 are not finalized for Council approval. A finalized City Clerk draft of the April 8, 1992, regular adjourned meeting was provided to Council with the recommended addition on Page 1, Item 3a., 3rd paragraph, 3rd line, "General Plan Review Project" to be added after the word "development,". M/S Schneiter/McMichael to approve the minutes of the regular adjourned meeting of April 8, 1992, as recommended by the City Clerk. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Schneiter and Mayor Henderson. NOES: None. ABSENT: Councilmembers Wattenburger and Shoemaker. 7. Riqht to Appeal Mayor Henderson reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR M/S Schneiter/McMichael to add the amended last page to the Resolution provided in Item 8c., and approve the Consent Calendar as follows: Sa. Approved the Payroll Warrants, #43266 to #43427, in the amount of $125,509.68, dated April 12 - 25, 1992, and the General Warrants, #55379 to #55542, in the amount of $436,065.45. Bb. Approved the Lions Club's request to use the Ukiah Municipal Airport for the Annual Lions Club Air Show; approved the closing of the Airport for one hour on Saturday, June 27, 1992, and five hours on Sunday, June 28, 1992. 8c. Amended and adopted Resolution No. 92-50, Repealing Prior Resolutions and Designating and Describing Intersections at which Vehicles are Required to Stop. Sd. Adopted Resolution No. 92-51, Supporting Continued operation of the Federal Aviation Administration Flight Service Station at Ukiah Municipal Airport. Se. Adopted Ordinance No. 926, Authorizing an Amendment to the Contract with the California Public Employees' Retirement System. Bf. Approved the demolition permit for the structure at 842 North Dora Avenue with the condition that it be effective June 6, 1992, or sooner if the materials can be salvaged, or the building moved. 8g. Denied the claims for damages received from Kristie Cartwright and Thomas and Delving Williams, and referred them to the City's insurance carrier. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Schneiter and Mayor Henderson. NOES: None. Absent: Councilmembers Wattenburger and Shoemaker. 9. Audience Comments on Non-Agenda Items None. UNFINISHED BUSINESS lla. Amendment to Contract Between the City of Ukiah and Western Area Power Administration (WAPA) The Electric Utilities Director reported WAPA negotiated a settlement arrangement with the Northern California Power Agency regarding the amount of money owed by Western to the Cities of Lompoc, Lodi, Healdsburg and Ukiah associated with the NCPA Geothermal Powerplant Renewable Resource Allocations. He reviewed the agreements with Council. Councilmember Schneiter stated this is a complicated matter that has required lengthy negotiations and indicated it is in Ukiah's best interest to approve the matter. M/S McMichael/Schneiter to adopt Resolution No. 92-52, Approving Amendment No. 4 and Revision 2 of Exhibit B to Contract for Electric Service with the Western Power Administration. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Schneiter and Mayor Henderson. NOES: None. Absent: Councilmembers Wattenburger and Shoemaker. NEW BUSINESS 12a. Fiscal Year 1991 Bad Debt Write-off Report The Senior Accountant reported a total amount of $137,933.86 is recommended for bad debt write-offs. She indicated that $128,258 is for utility and $9,674 consists of miscellaneous receivables for a three year period of time, involving 1,033 accounts. She reported that a collection agency used by the City has collected $13,076 at a cost of $4,376. She reviewed Reg. Mtg. May 6, 1992 Page 2 improved procedures and figures from the last bad debt write-off in 1988 with Council. The City Manager explained this will be a yearly item of business in the future. M/S Schneiter/McMichael approved the bad debt write-off in the amount of $137,933.86 for Fiscal Year 1991. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Schneiter and Mayor Henderson. NOES: None. Absent: Councilmembers Wattenburger and Shoemaker. 12b. Award of Contract to Busch Construction for Design and Construction of Equipment Maintenance Buildinq in the Amount of $245,769 The City Engineer reported five bids were received and opened April 7, 1992, for the design and construction of the equipment maintenance building, which will be located adjacent to and south of the fuel pump island in the City corporation yard. He further outlined details of the new facility. He noted that the lowest bid received, in the amount of $245,769.000, was from Busch Construction. He noted the bid submitted by Busch Construction had been removed from the bid specification package and constitutes an irregularity in the proposal, which the Council may waive as long as it is not material to the cost or performance of the work. He outlined a plan for a multiple funding package through the Redwood Empire Financing Authority. Discussion ensued regarding the proposal. M/S McMichael/Schneiter to waive the irregularities in the bid proposal and awarded the contract to Busch Construction for design and construction of equipment maintenance building, Specification No. 91-24, contingent upon City Council approval on May 20, 1992 of the funding for this project. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Schneiter and Mayor Henderson. NOES: None. Absent: Councilmembers Wattenburger and Shoemaker. PUBLIC HEARING 10a. Consideration of Amendment to Building Code Regulations Allowing Efficiency Units to be a Minimum of 150 Square Feet Subject to Certain Criteria i. Introduction of Ordinance The Community Development Director reported that the Uniform Building Code Specifies that the minimum square footage for "efficiency dwelling units" is 220 square feet. He noted that the California Health and Safety Code Section 17958.1 allows cities or counties to permit units with a minimum floor area of 150 square feet, by Ordinance. He reported the Ford Street Project has requested the City allow this lower footage requirement, to meet some of the community's housing issues. He noted San Diego has used this provision to establish a single room occupancy program with their Centre City Community Planning Area. Discussion ensued regarding the small square footage and facilities provided within. PUBLIC HEARING OPEN - 7:17 p.m. Leslie Weiss, Ukiah Daily Journal, questioned what the 150 square foot allowance applies to, and if only efficiency units apply for this size? The City Attorney questioned and discussed wording in the proposed Ordinance with staff, pertaining to limits and applications for efficiency units, and code provisions. Reg. Mtg. May 6, 1992 Page 3 27O PUBLIC HEARING CLOSED - 7:26 p.m. The Community Development Director suggested, as a representative from the Ford Street project was not present, and to better address Council concerns, this public hearing be continued to the next meeting. It was the general consensus of Council to reopen the Public Hearing. PUBLIC HEARING REOPENED - 7:28 p.m. M/S Schneiter/McMichael to continue the Public Hearing to May 20, 1992. The motion was carried by a unanimous voice vote of all AYE. 12c. Approval of Cost Sharing Agreement with Ukiah Valley Sanitation District The Public Works Director reported an agreement had been negotiated with Kennedy/Jenks Engineering for engineering services that incorporates the 50/50 project cost sharing formula between the City and the Ukiah Valley Sanitation District which was mutually agreed upon at the joint meeting of March 27, 1992. He indicated that an addendum to this agreement for sharing of construction costs will be presented to the City and District for consideration and approval after receiving construction bids prior to the award of the construction contract. M/S McMichael/Henderson to approve the Wastewater Project Cost Sharing Agreement with the Ukiah Valley Sanitation District, authorize the Mayor to execute the agreement on behalf of the City of Ukiah, and direct staff to forward the agreement to the Ukiah Valley Sanitation District Board for their approval at their next regular Board meeting tentatively scheduled for May 13, 1992. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Schneiter and Mayor Henderson. NOES: None. Absent: Councilmembers Wattenburger and Shoemaker. 12d. Consideration of Enqineerinq Contract, Kennedy/Jenks Consultants for Wastewater Project The Public Works Director distributed a final draft copy of the agreement, dated May 6, 1992, to Council. The Public Works Director reported that this subject coincides with Item 12c., as this is the engineering services agreement for the wastewater treatment plant expansion and upgrade. He outlined the agreement and services to be provided by Kennedy/Jenks. The City Attorney expressed concern regarding the wording on Page 5, paragraph A, regarding not to exceed clause, and advised that amended wording should be clarified if approved. M/S Schneiter/McMichael to approve the engineering services contract with Kenndy/Jenks, subject to rewriting Page 5, paragraph C., of the final draft dated May 6, 1992, and authorized the City Manager to execute the contract only if the Ukiah Valley Sanitation District agrees to share the cost 50/50. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Schneiter and Mayor Henderson. NOES: None. Absent: Councilmembers Wattenburger and Shoemaker. 12e. Adoption of Resolution Authorizinq the Execution and Delivery of an Indenture of Trust, Escrow Aqreements, a Bond Purchase Aqreement, an Official Statement for Electric Revenue Bond Refundina _ Reg. Mtg. May 6, 1992 Page 4