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