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HomeMy WebLinkAboutmin 11-06-85251 M/S Kter/Henderson to go into closed session to discuss the following: 1. Pending Litigation: Under~round Construction vs. The City of Ukiah, Case No. 50850, Mendoctno County Superior Court. 2. Initiation of litigation action. The motion was carried by a unanimous voice vote. ABSENT: Councilmember Kelley. The City Council meeting recessed into the Ukiah Redevelopment Agency meeting at 8:50 p.m. The Ukiah Redevelopment Agency meeting adjourned at 8:55 p.m. Closed Session The Council reconvened into closed session at 9:05 p.m. and adjourned from closed session at 9:50 p.m. The Council reconvened into open session at 9:50 p.m. It was announced in open session that during closed session Councilmember Kier made a motion, which was seconded by Councilmember Henderson and carried by a unanimous voice vote, authorizing Farella, Braun & Martel to file suit against Transcontinental Insurance Company within thirty days, if within that time, the company refuses to provide the City of Ukiah with a legal defense or coverage with respect to Underground Construction Company v. City of Ukiah, et al., Mendocino County Superior Court Case No. 50850. Adjournment There being no further business, the meeting was adjourned at 9:52 p.m. Kari Revheim Recording Secretary Reg. Mtg. November 6, 1985 Page 8 249 Mayor Myers directed the City Clerk to make the specifications for this project part of the record. Discussion followed concerning the bids and specifications. Mr. Ed Bush, 1821 Wildwood Drive, appeared and stated that he submitted a bid for this project and that he listed all of the subcontractors he intended to use. He felt that because Mr. Lucas' bid did not list the subcontractors as required, it should be thrown out and that the project should be bid again. Mr. Robert Lucas, of the Energy Center, appeared and stated that as a general contractor he could perform the entire construction and was qualified to do so. He stated that he discovered he would need one subcontractor at the last minute because he did not have a particular piece of machinery required for the paving of the project. Further discussion followed concerning the bids and specifications. The City Manager suggested that possibly the specifications could be sent to the Contractor's Union for its input on changes that might be necessary. The Public Works Director noted that he had contacted eight agencies regarding The Energy Center and that the company was recommended to him by each of them. M/S Kier/Henderson to award the bid to the lowest bidder, Mr. Robert Lucas of the Energy Center, for $49,500, for the construction of the solar heating at the Municipal Pool. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. M/S Kier/Henderson to authorize the City Manager to sign an agreement with Mr. Paul Larkin for inspection of the solar heating construction at the Municipal Pool for $1,200. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. Councilmember Kter requested that this matter be followed up with an opinion from the City Attorney regarding the specifications presently being used by staff and suggested that the specifications be sent to the Contractor's Union for recommendations. !ld. Adoption of Resolution - Project A~reement No. 2 - TANC The City Manager stated that the Director of Electric Utility prepared the staff report in this matter and that he would report on same. The Director of Electric Utility noted that on September 18, 1985, the Council introduced Ordinance No. 853 which authorized the issuance of revenue bonds in the amount of $20 million by the Transmission Agency of Northern California (~ANC). Mr. Roper explained that this resolution was to approve the project agreement for this transaction and recommended approval of same. M/S Henderson/Kier to adopt Resolution No. 86-22 to approve Project Agreement No. 2 for the Transmission Agency of Northern California to issue revenue bonds in the amount of $20 million. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, HJckey, and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. lle. Lake Mendocino Project - Authorization of Additional Funds - Corp of Engineers The City Manager asked the Director of Electric Utility to explain this matter. The Director of Electric Utility noted that Council had been provided with a letter dated September 23, 1985, from the Department of the Army, requesting an additional $75,000 to continue the inspection work at the Lake Mendocino Hydroelectric Project, and his memorandum explaining said request. Mr. Roper noted that he had discussed this request with John White from the Corp of Engineers and they had agreed that $20,000 would cover the costs associated with the inspection work at said project for November 1, 1985, through January 1, 1986. Mr. Roper further noted that the City would attempt to recover this additional expenditure from Underground Construction and Tudor Reg. Mtg. November 6, 1985 Page 6 25O Engineering Company and if this was not possible, the reimbursement of these funds would be pursued in the litigation action. Mr. Roper recommended that Council approve the additional expenditure~ of inspection fees for the Lake Mendocino Hydroelectric Project in the amount of $20,000. M/S Kier/Henderson to approve the expenditure of inspection fees for the Lake Mendocino Hydroelectric Project in the amount of $20,000 with the stipulation that attempts be made to recover said funds from the appropriate parties. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. llf. Award of Bid - Transformers Councilmember Kier queried as to the bids received for the T~ansformer Project. The City Manager explained in detail the bids received for this project and the bid procedure. The Director of Electric Utility further discussed the bids received. M/S Kier/Hickey to approve the Award of Bid for the Transformer Project to G. E. Supply Company for the low bid of $40,235.48. 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 The Director of Electric Utility introduced Mr. Steve Dunn to the Council stating that Mr. Dunn was recently hired by the City as the Electrical Distribution Engineer. CITY COUNCIL REPORTS Councilmember Henderson Commented on the passing of Bert Hinds. Noted that Council should be thinking about someone to replace Mr. Hinds on the Electrical Energy Conservation Committee. Stated that she sent to the League of California Cities for information about entering the Sun House Project for the Helen Putnam Award for Excellence and that applications weren't being accepted until May of next year. Stated that the Mendocino Transit Authority (MTA) had its Board Meeting and the Board approved rate increases. Councilmember Kier Updated the Council on the Ad hoc Committee on Development Standards and Construction Requirements. Councilmember Hickey Stated that he and the City Manager had participated in a telephone conference between Alameda County and New York with the Bond Counsel regarding the refunding of $450 million worth of NCPA Geothermal Number 3 monies from an 11 1/2% rate to a 9 3/4% rate. He noted that this refinancing would result in approximately a $13 million savings to NCPA. Mayor Myers Introduced Mr. Brian Willoughby as the new reporter for the Ukiah Daily Journal. The City Attorney suggested that the Council go into Closed Session under the Brown Act to discuss the pending litigation of Under~round Construction Company vs. The City of Ukiah, and also concerning initiation of certain other litigation. Reg. Mtg. November 6, 1985 Page 7 247 Mayor Myers commended Group W Cable for their service to the citizens of Ukiah. UNFINISHED BUSINESS 10b. Outdoor Sales Report The City Manager stated that the Planning Director prepared a staff report on this matter and would explain same. The Planning Director stated that a proposed Ordinance had been provided to Council along with a memorandum from the City Attorney and the report from the ad hoc committee. The Planning Director explained the proposed outdoor sales ordinance and its effects on the existing Municipal Code. Mr. Harris further stated that this documentation was being presented to Council at this time for any additions, deletions, and comments from Council before the Planning Department began its public hearing process in this matter. Discussion followed wherein the City Attorney answered questions posed by Council concerning the proposed Ordinance and the existing City_ Code. The City Manager and Planning Director further explained staff's research in this matter. M/S Henderson/Hickey to refer this matter to the Planning Commission for review and recommendation to the City Council. The motion was carried by a unanimous voice vote. ABSENT: Councilmember Kelley. 10c. Acceptance of Auditors Report The City Manager noted that Council had been provided with a copy of the audit prepared by Davis Hammon & Company and that Mr. Joe Tucker and Mr. Stephen Herr from Davis Hammon & Company were present in the audience. Councilmember Kier queried as to the fixed assets ~ndicated in the audit. Mr. Joe Tucker, of Davis Hammon & Company, explained the fixed assets section of the audit. Discussion followed concerning the audit. M/S Henderson/Hickey to accept the Auditor's Report prepared by Davis Hammon & Company. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. 10d. Approval of Traffic Improvement Project - State Street at Perkins and at Standley (Courthouse) The City Manager advised that the Public Works Director had prepared the staff report in this matter and that he would discuss same. The Public Works Director explained the three-phase traffic system proposed for the Courthouse Square area while referring to a traffic circulation map on display. He noted that the estimated cost of implementing this new three-phase traffic system would be approximately $80,000 and would be funded by the gas tax signal account. Mr. Pedroncelli advised that he had discussed this matter with the Downtown Merchants' Association, the County's Public Works staff, and the County Administrator's staff. Discussion followed concerning this proposed new traffic system and communications with the County officials and the Downtown Merchants' Association regarding same. M/S Hickey/Kier to authorize signal modification and traffic striping necessary to initiate this three-phase traffic pattern surrounding the County Courthouse. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. Reg. Mtg. November 6, 1985 Page 4 248 10e. Adoption of Resolution Approving Application - Historic Preservation Grant Program - 1984 Park Bond Act The City Manager stated that the proposed resolution would authorize Grant application to the Historic Preservation Grant Program for the Sun House Project and recommended that Council adopt said resolution. Ms. Rosalie Prosser, Sun House Management Team, appeared and briefly explained the grant application process. M/S Henderson/Hickey to adopt Resolution No. 86-19 to approve application by the Sun House Contractors for funds from the Historic Preservation Grant Program and authorizing the City Manager to sign necessary documents for same. 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 lla. A~pption of Resolution Approving Application - Institute of Museum Services The City Manager explained the proposed resolution approving application by the Sun House Contractors to the Institute of Museum Services for general operating funds and recommended adoption of same. M/S Henderson/Hickey to adopt Resolution No. 86-20 to approve application by the Sun House Contractors for general operating funds from the Institute of Museum Services and to authorize the City Manager to sign necessary documents for same. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. lib. Adoption of Resolution - Deductibility of State and Local Taxes - Hicke~ Councilmember Hickey stated that this resolution was im response to a letter received from Senator David Roberti to retain the deductibility of state and local taxes from Federal income tax and urged Council to adopt this resolution. M/S Hickey/Kier to adopt Resolution No. 86-21 which expresses support to retain the deductibility of state and local taxes from Federal income taxes. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. llc. Matter of Solar Heatin~ - Municipal Pool The City Manager advised that the Recreation and Parks Director prepared the staff report in this matter and that he would explain same. The Recreation and Parks Director explained that staff's recommendations were to award the bid for construction of the solar heating at the Municipal Pool to low bidder, Robert P. Lucas of the Energy Center, for $49,500 and to authorize the City Manager to enter into an agreement with Paul Larkin for the construction inspection in the amount of $1,200. He further discussed the funding for this project noting that $50,000 will be received from the 1984 Park Bond Act and the small amount needed in excess of $50,000 will be absorbed.by savings in that the gas heater will not be used to heat the Municipal Pool. The Public Works Director explained the bids received in this matter and the bid process itself. He advised that Mr. Lucas compiled his bid very rapidly and did not initially include any subcontractors in his bid. Mr. Pedroncelli further explained that since the bid opening, Mr. Lucas has discovered that he will need to have one subcontractor for paving work. The Public Works Director stated that Council could waive this issue as an irregularity in the bid and award the contract. He further discussed the specifications for the project. The City Attorney answered questions concerning legalities involved with the specifications. Reg. Mtg. November 6, 1985 Page 5 245 RIGHT TO APPEAL DECISION Mayor Myers reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR Councilmember Kier requested that Item 7f be removed from the Consent Calendar and considered separately. Mayor Myers stated that this matter would be placed under New Business as Item llf. M/S Hickey/Kier to approve the Consent Calendar Items 7a, 7b, 7c, 7d, 7e, 7g, and 7h, as follows: 7a. Approved Payroll Warrants for November 6, 1985, #7993 to 8134, for $86,462.81. 7b. Approved General Warrants for November 6, 1985, #29968 to 30096, for $631,658.95. 7c. (i) Denied Claim for Damages, Patrick Grover, and Referred to Insurance Carrier. (ii) Denied Claim for Damages, Nina Carmela Donatacci, and Referred to Insurance Carrier. 7d. Adopted Resolution No. 86-16 to authorize purchasing through the State Department of General Services. 7e. Adopted Resolution No. 86-17 to approve the Final Map - Cherry Street Condominiums. 7g. Accepted Notice of Completion and directed City Clerk to file the Notice of Completion - Asphalt Concrete Surfacing/City Streets. 7h. 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. PETITIONS AND COMMUNICATIONS 9a. Letter from Ukiah Energy, Inc., Reques. tin~ Extension of Time The City Manager noted that Council had been provided with a copy of the letter dated October 14, 1985, from Edward Titlow, President of Ukiah Energy, Inc. wherein he requests an extension of thirty days within which to execute the Solid Waste Disposal Agreement with the City of Ukiah. The City Attorney noted that this agreement provides that Ukiah Energy, Inc. must obtain financing within 120 days of the City's execution of the agreement and must have the required use permits within 180 days of the City's execution of the agreement. The City Attorney pointed out that if the Council did approve the thirty-day extension, it would not automatically extend the other two requirement dates. Mr. Edward Titlow, President of Ukiah Energy, Inc., appeared and explained the reasons for his request for a thirty-day extension to execute the subject agreement. Discussion followed wherein the City Manager further explained the timeframe involved in the agreement. M/S Kier/Henderson to grant a thirty-day extension from November 6, 1985, within which to execute the subject agreement with the City. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, and Mayor Myers. NOES: Councilmember Hickey. ABSENT: Councilmember Kelley. UNFINISHED BUSINESS 10a. Discussion of Revision - Policy Resolution No. 12 - Cost of City Services During Special Events Reg. Mtg. November 6, 1985 Page 2 246 The City Manager initiated discussion on Policy Resolution No. 12 noting that this resolution needed to be clarified to give staff clear direction regarding the City's participation in events held in the City. He suggested that as Council has recently shown support of the annual Penofin Ruq, that this event also be included in Policy Resolution No. 12. The City Manager also noted that one option might be to combine the Hometown 'Festival Parade and the Invitational Band Review. Discussion followed concerning the possibility of combining the two events and also regarding the previous budget conference discussions that had taken place concerning this possibility. M/S Henderson/Hickey to amend Policy Resolution No. 12 to include the Annual Penofin Run. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. PUBLIC HEARING - 7:00 P.M. Sa. Adoption of Resolution to Renew Cable T.V. Franchise The City Manager stated that Council had been provided with the documentation concerning this matter and explained the negotiations with Group W Cable which occurred. He noted that McDonough, Holland & Allen had been hired as a negotiator for the agreement with Group W Cable and also a committee had been formed for negotiation purposes. The City Manager stated that one change in the resolution was necessary on Page 8, Section 10, and he further stated that the paragraph should read, "Grantee shall provide service to all areas of the City." The City Manager then asked the City Attorney to present his opinion in this matter. The City Attorney explained that to renew the cable agreement with Group W Cable it is required that a public hearing be noticed and held to give citizens an opportunity for input in this matter. It was noted that the public hearing was noticed within the proper time. Mr. Alan Ciamporcero, of McDonough, Holland & Allen, appeared and explained the negotiations and the results of same. He explained in detail the benefits to the City which included a 5% franchise fee and an increase of channels in the present system. The City Manager noted that Group W Cable has also agreed to pay all the refranchising costs. Mr. Paul Delagnes, General Manager of Group W Cable, appeared and gave a presentation regarding the company itself and explained the company's cable service in detail. Mr. Delagnes furthe~ discussed the benefits to the City. Discussion followed wherein Mr. Ciamporcero answered questions posed by the Council. PUBLIC HEARING OPENED - 7:20 P.M. There being no persons wishing to address the Council on this matter, the public hearing was closed. PUBLIC HEARING CLOSED - 7:22 P.M. The City Attorney advised the Council that in the event this resolution was adopted, it would not become effective for thirty days. M/S Hickey/Kier to adopt Resolution No. 86-18 to renew the Cable T.V. Franchise with Group W Cable, however, with the paragraph in Section 10, on Page 8, being changed to read, "Grantee shall provide service to all areas of the City." The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. Reg. Mtg. November 6, 1985 Page 3 244 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - NOVEMBER 6, 1985 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, Planning Director Harris, Public Works Director Pedroncelli, Electric Utility Director Roper, Finance Director Vara, Recreation and Parks Director Frame, Electrical Distribution Engineer Dunn, Recording Secretary Revheim, and City Clerk Hayes. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Myers delivered the Invocation and Councilmember Kier led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S Hickey/Kier to approve the Minutes of October 15, 1985, Adjourned Regular Meeting, 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. Councilmember Henderson stated that she would like one amendment to her report under City Council Reports on page 6 of the October 16, 1985, Minutes. She stated that the Minutes should reflect in the paragraph concerning the Helen Putnam Award for Excellence, "It was the consensus of the Council that Councilmember Henderson have approval to pursue said application." M/S Kier/Hickey to approve the Minutes of October 16, 1985, Regular Meeting, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers. NOES: None. ABSENT: Councilmember Kelley. M/S Hickey/Kier to approve the Minutes of October 22, 1985, Adjourned Regular Meeting, 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. Mayor Myers stated that he had just been handed a letter from The League Of Women'Voters of Ukiah and circulated copies of same to the Council. He read the letter which commended the City Clerk and the Council for changing the format of the Minutes so as to now reflect any changes or amendments the Council has when approving the Minutes of the previous meeting. Mayor Myers submitted said letter to the City Clerk for the record. SPECIAL ORDER OF BUSINESS - 6:35 P.M. Mayor Myers introduced Mr. Victor Lopes, Architect, to discuss the Civic Center Project at the Yokayo site. Mr. Lopes updated the Council on the status of the project and noted that the colored renderings and signs which Council requested had been prepared. He discussed the demolition phase of the project noting that the demolition contractor had suggested saving certain existing walls as opposed to reconstruction of same. Discussion followed concerning the cost factor of saving certain walls versus reconstruction of said walls. The City Manager stated that staff would research this matter to determine the costs associated with this aspect of the project. Councilmember Henderson suggested that an "unveiling" of the colored renderings and site plans for the Civic Center Project be arranged at the City Library. It was the consensus of the Council that staff be directed to arrange to have the colored renderings and site plans unveiled and displayed at the City Library. Reg. Mtg. November 6, 1985 Page 1