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HomeMy WebLinkAboutmin 03-07-84451 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - MARCH 7, 1984 The City Council convened in regular session at 6:30 p.m. in the City Council Chambers. Roll was taken and the following Councilmembers were present: Feibusch, Dickens, Myers, and Mayor Kelley. Absent: Councilmember Hickey. Staff present: Payne, Rapport, Pedroncelli, Roper, Stamelos, and McAfee. INVOCATION AND PLEDGE OF ALLEGIANCE Director of Public Works, Robert Pedroncelli, gave the Invocation and Councilmember Dickens led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Myers/Dickens to approve the minutes of the February 15, 1984, meeting as submitted, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Myers, and Mayor Kelley. NOES: None ABSENT: Hickey RIGHT TO APPEAL DECISION Mayor Kelley reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal procedure. CONSENT CALENDAR M/S: Feibusch/Myers to approve Consent Calendar items 6a, 6b, 6c, 6d, 6e, 6f, 6g, 6h and 6i as follows: 6a. Approved Payroll Warrants #1570 to #1710, $160,476.37 6b. Approved General Warrants #25056 to #25189, $1,149,683.56 6c. Denied Claim for Damages, Marcie Tibbet, and Referred to Insurance Carrier 6d. Approved Notice of Completion by Green Lion Landscape Services for Anton Irrigation System 6e. Approved Purchase of Pump for Well #5 to Rainbow Irrigation in the amount of $11,545.98 6f. Authorized City Manager to Sign Application for Amended Water Supply Permit - State Health Department 6g. Authorized City Manager to Execute Agreement - Ukiah Sanitation District for Underground Service Alert 6h. Approved Inspection Fees - Corp of Engineers, Lake Mendocino Hydro Project in the amount of $50,000 with the First Increment to be $10,000 6i. Approved Report of Administrative Actions and Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Myers, and Mayor Kelley. NOES: None ABSENT: Hickey PETITIONS AND COMMUNICATIONS 8a. Appointment of Building Board of Appeals - To Hear Anderson Appeal 8b. Request by California Homes for Changes Resolution 84-20 -- Las Casas Sub-division Mayor Kelley explained items 8a and 8b had been removed from the Agenda at the request of the applicants. NEW BUSINESS 9a. Matter of Submission of Arguments - June 5, 1984 Election The City Manager explained that information regarding submission of arguments had been provided to allow the Council, should they choose, to submit written arguments as a Council. Mayor Kelley stated he would prefer that Council not submit an argument on this matter. Reg. Mtg. March 7, 1984 Page 1 452 There was brief discussion concerning submission of arguments for measures A and B. The City Manager explained the City Attorney had prepared an informal analysis of measures A, B, and C which will go into the ballot pamphlet for the voters. The above discussion resulted in no action by the Council. 9b. Adopt Resolution, Abandonment Underground Utility Easement - #5 Highland Drive The City Manager reported that a request for abandonment of an underground utility easement at #5 Highland Drive had been received. Director of Public Works explained the Resolution had been prepared by the City Attorney in accordance with applicable provisions of the Streets and Highways' Code and under section 8300 of this Code it allows for Council to abandon easements that have never been used before. He stated staff recom- mends the Council adopt the Resolution which formally abandons the easement subject to the current property owners, Mr. & Mrs. Reeves, dedicating to the City an additional easement which would take the place of the one the City is abandoning. Tom Reeves, #5 Highland Drive, Ukiah, CA stated he wanted the easement cleaned up on the property and at the same time give the City a useable easement. M/S: Myers/Feibusch to adopt the Resolution abandoning the public service easement subject to the property owner dedicating to the City an additional easement, carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Myers, and Mayor Kelley. NOES: None ABSENT: Hickey 9c. Award Bids - 115 KV Metering Station, Site Work, Foundation, Etc. The City Manager reported the bids had been received on the Metering Station site work. Director of Electric Utilities reported the Substation Project is progressing on schedule. He explained one of the items to be provided is a 115 KV Metering Station and the details and required approvals for the facility have been worked out with PGandE and the Western Area Power Agency. He also explained that 18 sets of plans and specifications were sent out to various contractors and that six bids were received. He reported staff recommends the bid be awarded to Morse Construction of Fulton who submitted the low bid of $21,662. A question was asked by Mayor Kelley about why the bid was not awarded to a local contractor. The City Attorney clarified the matter by explaining that the Council awards bids to the lowest responsible bidder. He explained it would be difficult to prove that the low bidder was not a responsible bidder. Councilmember Dickens asked why five companies who are in the area and one that is not were contacted. Director of Electric Utilities responded by explaining that staff had not been selective but had sent this bid to the same companies that had bid on the foundations for the sub-station. M/S: Feibusch/Myers to award the contract to Morse Construction of Fulton, CA in the amount of $21,662 carried by the following roll call vote: AYES: Councilmembers Feibusch, Dickens, Myers, and Mayor Kelley. NOES: None ABSENT: Hickey 9d. Award Bid Authorizing Purchase of Metering Structure for 115 KV Substation Project Director of Electric Utilities explained why the metering structure for the 115 KV Substation is needed in a timely manner and reported that Hopper, Inc., submitted the low bid in the amount of $15,659.38. He stated staff recommends the Council award this structure to Hopper, Inc. Reg. Mtg. March 7, 1984 Page 2 453 M/S: Feibusch/Myers to award the metering structure bid to Hopper, Inc., in the amount $15,659.38 carried by the following roll call vote: AYES: Councilmembers Feibusch,. Dickens, Myers, and Mayor Kelley. NOES: None ABSENT: Hickey 9e. Resolution Authorizing Amendment to NCPA Phase II Agreement for Additional Study - Combustion Turbine Director of Electric Utilities reported this item was before the Council on August 17, 1983 and at that time a Second Phase Agreement was approved in the amount of $56,500 for which the City was to have a 10% participation for a study of installing a combustion turbine facility. He explained the study was completed by Ebasco Services Incorporated, and a final draft submitted January I984. He explained the conclusions reached in that report were that the installations of peaking turbines was economical and should be pursued by NCPA and its members. He clarified the charts showing the difference for PGandE providing the peaking capacity for the period 1986 through 1995 versus the combustion turbine; and, a comparison showing the difference in capacity reserves of a combustion turbine versus PGandE. He explained that NCPA and Ebasco were looking for locations that could be environmentally sited for the 68 megawatts, three unit project and it was determined there were no major problems in the Alameda, Lodi, or Roseville areas relative to air pollution standards, etc., so the priority was resolved around locating them in areas where the existing entities could use all of the resources within their system. He explained this would exclude wheeling costs allowing all other agencies to share in these savings. He stated staff recommends the Council approve the Resolution authorizing the City Manager to execute the Amendment No. One to the Agreement. M/S: Myers/Dickens to approve the Resolution authorizing the City Manager to execute the Amendment No. One to the Agreement. After lengthy discussion concern was expressed by Councilmembers about control of pollutants, exemption permits, the four percent contingency for NCPA budget, deadlines, percentage of participation, interest for payback, financing, cost: if the City chooses not to share in the project, versus if the City chooses to share in the project, and by the time the City reaches Phase III how much money will be committed to the project. The Council expressed confusion with the graphs and charts presented and asked that they be returned to staff for the dollar projections on what the City has in the project now, what it will cost and what it will save the City over what period of time. The City Manager reported that NCPA has met the 85% needed by the March 1st deadline and that they are proceeding with the project. He explained that the final financial commitment would be made in Phase III, that in Phase II they are still doing the study, siting, notice of intentions and permits. He reported if the City chooses not to share in this project it can withdraw with no penalties incurred and NCPA will sell Ukiah's shares. He also explained that services will have to be purchased from either PGandE or NCPA and reviewed the savings if the Council chooses to go with the turbine versus paying PGandE. The maker of the motion, with the approval of the second, withdrew the motion. Mayor Kelley expressed concern in supporting the project and the matter was continued to the next regular meeting when further information will be submitted by staff. PUBLIC HEARING - 7:00 P.M. 7a. T. K. Mining Company - Appeal The City Manager informed the Council that T. K. Mining Company had filed for a Use Permit with the Planning Commission and it will be before the Commission at the regular meeting, March 14, 1984. He reported that the City had received a copy of the transcript of the Appeal Hearing for T. K. Mining Company which was heard January 11, 1984. Reg. Mtg. March 7, 1984 Page 3 454 The City Attorney explained he had talked to T. K. Mining Company's attorney and he had agreed the matter could be continued to the next regular City Council meeting to give the Planning Commission an opportunity to act on the Use Permit and to give the Council more time to review the transcript. He also explained that the only parties entitled to participate in the public hearing, at this time before the Council, are the parties who were involved in the Appeal Hearing; however, members of the public who wish to speak concerning the Use Permit could do so at the Planning Commission meeting, March 14, 1984. He further explained if there is an appeal, by any party, to the Use Permit Review before the Planning Commission March 14, 1984, the original Appeal and/or the Board's decision could be considered by the Council at it's next regular meeting March 21, 1984. If the Planning Commission were to grant the Use Permit and nobody appealed that decision to the City Council, there would be no reason for Council consideration of the Board Appeal. No action was taken at this time. The matter will be continued to the March 21, 1984, City Council meeting. COMMENTS FROM AUDIENCE No one in the audience wished to address the Council. CITY COUNCIL REPORTS Councilmember Feibusch Reported that he had received a preliminary list of activities to the Home Town Festival which starts Friday, May 25, 1984. He also had reviewed the status report from the Department of Public Works listing the overlay on School Street to be completed in May 1984. He would like staff to be aware of this so that there will be no paving and striping during the festival. Councilmember Dickens Reported she attended the Fire District meeting in Fort Bragg as an Ad-hoc Committee Fire~ Member. She explained the meeting had been called by Supervisor John Cimolino so that he could address all fire departments and fire districts about possible annexation to the district. Councilmember Myers None Mayor Kelley Reported the Ukiah Players met March 7, 1984, and they are in the process of re-structuring their organization. As soon as this is formulated, they will be accessible for grants and funds. He also reported the Fort Bragg and Mendocino Coast Chamber of Commerces' are sponsoring the second annual Whale Festival in the month of March. RECESS: 7:36 p.m. RECONVENED: 7:45 p.m. CLOSED SESSION Adjourned to closed session at 7:46 p.m. Reason: Pending litigation. ADJOURNMENT There being no further business, the City Council adjourned at 8:22 p.m. Faye McAfee Recording Secretary Reg. Mtg. March 7, 1984 Page 4