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HomeMy WebLinkAboutmin 05-21-86321 The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. 9c. Adoption of Resolution Consenting to the Transfer and Assignment of Group W Cable's Cable Television System and Franchise The City Manager noted that the material provided to Council deals with the Group W transfer. He noted a separate consent letter is mentioned in the resolution and is not needed so it will be stricken. The City Attorney reviewed his memorandum for a second transfer in question and recommended the following wording be added and changed in the resolution: to Page 2, Line 9, ". . . the Franchise; and within thirty (30) days provide the letter of credit and certificates of insurance required by the franchise." On Line 10, to omit everything after the word "consent" and place a period. M/S Henderson/Hickey to adopt Resolution No. 86-48 as amended which consents to a transfer and assignment of Group W Cable's Cable Television System and Franchise. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. 9d. Matter of Pending Legislation - Rural Renaissance The Planning Director noted that the subject legislation is in the form of three bills at the present time; two in the Senate and one in the Assembly. Discussed the subject legislation. M/S Henderson/Hickey to write a letter to Assemblyman Hauser, Senator Nielsen, and the Rural Economic Sub-Committee that Council supports the concept of Rural Renaissance with the following concerns being addressed. That said legislation fill the gap of the UDAG (Urban Development Action Grant) eligibility; that it be available for only those cities not eligible for UDAG. The infrastructure not be tied to a specific business ready to go into an area or for an expansion of a business already in the area. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. COMMENTS FROM AUDIENCE None CITY COUNCIL REPORTS Councilmember Henderson None Councilmember Kier None Councilmember Hickey Stated he has had some complaints from citizens that the garbage collectors are no longer picking up the plastic garbage bags. The City Manager stated that the garbage company is to be picking those up and he will write them and review their responsibilities with them. .Mayor Myers None Reg. Mtg. May 21, 1986 Page 4 322 CLOSED SESSION The City Attorney recommended that Council go into Closed Session regarding Pending Litigation, Underground Construction Company vs. City of Ukiah, Mendocino County Superior Court No. 50850 and ~eople vs. Sawicke. The City Manager noted Employee-Employer Relations to be discussed. M/S Kier/Hickey to go into Closed Session to discuss the following: 1. Pending Litigation: Underground Construction Company vs. City of Ukiah, Mendocino County Superior Court Case No. 50850. 2. Pending Litigation: People vs. Sawicke 3. Employee-Employer Relationships The motion was carried by a unanimous voice vote. NOES: None. RECESS: 7:55 P.M. The Council went into Closed Session at 8:05 p.m. The Council reconvened in open session at 8:50 p.m. and announced that it had taken the following actions in closed session: M/S Kier/Hickey that City staff is authorized to order Tudor Engineering Company and Underground Construction Company to correct the out of roundness problem in the tunnel liner while the by-pass pumping system is still on the face of the dam with the City to recoup all costs of said correction from the responsible parties and/or available insurance coverage. The motion was carried by a unanimous voice vote. ABSENT: Councilmember Kelley. M/S Hickey/Kier to authorize the City Attorney to appeal the decision of the Ukiah Justice Court in People vs. Sawicke. The motion was carried by a unanimous voice vote. ABSENT: Councilmember Kelley. ADJOURNMENT There being no further business, the meeting was adjourned at 9:00 p.m. Yvette S. Hayes City Clerk Reg. Mtg. May 21, 1986 Page 5 319 Councilmember Henderson questioned whether out-of-town companies doing business in the City were required to obtain a business license. The Public Works Director stated that it is a City policy. Councilmember Kier questioned why there is such a difference between some of the unit prices by the companies who bid on the project. Ted Feibusch addressed Council and noted that a company may state unit prices high at the start of a project for cash flow reasons. M/S Hickey/Kier to accept the bid of $86,890.25 by RAO Construction Company of Eureka and award them the project of widening South Oak Street between Jones and Clay Streets. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. Bb. ~doption of Ordinance No. 854 - Approving Prezone Application No. 86-50 - Airport South The City Manager noted that this is the second reading of the Ordinance and is before Council for adoption. M/S Hickey/Henderson to adopt Ordinance No. 854 by title only. The motion was carried by a unanimous voice vote. The City Clerk read Ordinance No. 854. M/S Hickey/Henderson to adopt Ordinance No. 854 of the City Council of the City of Ukiah prezoning certain property: Airport South. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. 8c. Adoption of Ordinance No. 855 - Approving Zone Change Application No. 86-57 - Woodbury & Youngblood The City Manager stated that this is the second reading of the Ordinance and is before Council for adoption. M/S Hickey/Henderson to adopt Ordinance No. 855 by title only. The motion was carried by a unanimous voice vote. The City Clerk read Ordinance No. 855. M/S Hickey/Henderson to adopt Ordinance No. 855 of the City Council of the City of Ukiah amending Chapter 2, Division 9, of the Ukiah City Code by rezoning property (Zone Change Application No. 86-57). The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. NEW BUSINESS 9a. Award of Contract for Economic Analysis of Conservation and Renewable Energy Technologies The Electric Utilities Director stated that RFP's on said subject were sent to six consulting firms; three responded. He stated after staff reviewed the proposals, R. W. Beck's proposal looks to be the most qualified. Karen Bonime, 1112 Elm Street, addressed a concern she has that the Committee's recommendation that assistance in grant writing to implement the study's recommendations had been omitted from the RFP. Further, the City has not carried out conservation tips in the City's newsletter nor approached the schools to request that conservation education be added to the curriculum. She also felt that R. W. Beck's proposal had not stated what they could do for the City only listed credentials. Further their proposal was heavy towards the marginal cost side. Reg. Mtg. May 21, 1986 Page 2 320 Marlene Werra, also addressed the issue of grant writing assistance left out of the RFP. She suggested that the newsletter tips and conservation education in the schools be waived for now if grant writing assistance could be added to agreement. Mayor Myers questioned whether grant writing assistance could be added at this time and requested that staff contact the School District to see if they would be interested in adding such a subject to their curriculum. Connie Smyser, Consultant to Barakat Associates, questioned staff's recommendation of R. W. Beck, noting they have put too much stress on the marginal cost side, and questioned why the evaluation criteria was changed in the RFP from what the committee had recommended. Michael Brannon, 845 Dora Avenue, Director of North Coast Energy Services in Ukiah, believes the RFP is too heavy on the cost-effectiveness for the City and its revenues. Further he believes it has lost its conservation concept. Would like to see more residential conservation measures pursued. The City Manager responded to some issues raised. He noted that the supply side is an important base to start a program. Also the Committee had indicated that they wanted to be sensitive to the economic impact a conservation program would have on the City. M/S Hickey/Kier authorized the City Manager to enter into a Professional Services Agreement with R. W. Beck for the preparation of an "Economic Analysis of Conservation and Renewable Energy Technologies." After considerable discussion, Councilmember Henderson requested a friendly amendment be added to the above motion: that the firm who prepares the economic analysis of conservation be asked to include possible grants to go with their recommendations. The motion was carried with the friendly amendment added by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. 9b. Adoption of Resolution Authorizing the Execution and Delivery of a Purchase Contract - Electric Revenue Bonds, Refunding Series 1986A and Approving the Official Statement Relating to Said Bonds The City Manager reported that the financial advisor from Rauscher Pierce Refsnes, Inc., Mr. Ernie Bodnar, is present to give Council the necessary information on said resolution. Mr. Bodnar explained that the resolution sets outside perimeters for the sale of the refunding bonds and authorizes the City Manager to execute a Purchase Contract for the bonds. He recommended that the principle amount should not exceed $25 million and the interest rate not be in excess of 8~%. Councilmember Kier questioned the lack of appropriate wording in the resolution which ties the $25 million limit to and/or not in excess of 8~%. Discussion ensued regarding refunding issues and appropriate wording in the resolution. The City Attorney recommended that the following wording be added to Line 3, Page 2 of the resolution: ". . . the City Manager of the City is hereby authorized in conformity with applicable Federal arbitrage rules and regulations to execute . . ." M/S Hickey/Kier to adopt Resolution No. 86-47 as amended, which authorizes the execution and delivery of a Purchase Contract with respect to the City of Ukiah Electric Revenue Bonds, Refunding Series 1986A, and approving the Official Statement relating to said bonds. The principle amount not in excess of $25 million and interest rates not in excess of a net interest rate of 8~% per annum. Reg. Mtg. May 21, 1986 Page 3 318 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - MAY 21, 1986 The City Council convened in regular session at 6:30 p.m., in the Ukiah Unified School District Board Room. Roll was taken and the following Councilmembers were present: Henderson, Kier, Hickey, and Mayor Myers. ABSENT: Councilmember 'Kelley. Staff present: City Manager Payne, City Attorney Rapport, Public Works Director Pedroncelli, Planning Director Harris, Finance Director Vara, Electric Utilities Director Roper, Electric Distribution Engineer Dunn, and City Clerk Hayes. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Henderson delivered the Invocation and the City Clerk led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S Henderson/Hickey to approve the City Council Minutes of May 7, 1986, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. SPECIAL ORDER OF BUSINESS Discussion with Architect, Victor Lopes - Yokayo Site Mr. Lopes stated that the construction plans are currently out to bid and the first addendum has been issued. A walk through the site for contractors is scheduled for May 27, 1986, at 1:00 p.m.; Council is invited to attend. RIGHT TO APPEAL DECISION Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR M/S Hickey/Henderson to approve the Consent Calendar Items 7a, 7b, 7c, 7d, 7e, and 7f as follows: 7a. Approved Payroll Warrants of May 21, 1986, #10093 to #10239, in the amount of $84,538.59. 7b. Approved General Warrants of May 21, 1986, #31579 to #31713, in the amount of $871,762.83. 7c. Denied Claim for Damages, Dennis Flinn, and Referred Matter to Insurance Carrier. 7d. Adopted Resolution No. 86-46 Approving Application to the Mendocino County Local Agency Formation Commission for the Airport South Reorganization. 7e. Accepted the improvements in Las Casas Estates, Unit 1, Phase A and Phase B, Subdivision except the portion covered under "Faithful Performance Security" for sidewalks and driveways on Capps Lane. 7f. Approved the Report of Administrative Actions and Proposals (R.A.A.P.) The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. UNFINISHED BUSINESS 8a. Award of Contract - Oak Street Widening - Specification No. 86-09 The Public Works Director reported that bids were received on May 13, 1986, for the said project. Staff is recommending the lowest and best bid be awarded to RAO Construction Company of Eureka. Award of bid to be contingent upon satisfactory bids being received for the construction of the Civic Center on June 5, 1986. Reg. Mtg. May 21, 1986 Page 1