HomeMy WebLinkAboutmin 07-02-80193
.~;ITY COUNCIl, MINUTES
CITY COUNCIL CI'iAMBERS
UKIAI{, CA.
111 W. Ckurch
July 2, 1980
AGENDA
A~ T I O N T A K E N
CALL TO ORDER
6:30 pM. Mayor Hickey presiding.
Councilmembers present: Riley,
Feibusch, Snyder, Myers, Hickey
Staff present: Swayne, Orchard,
ttarris, Beard, Goforth, Tillotson,
Me lvin
INVOCATION
PLEDGE OF ALLEGIANCE
Mayor Hickey
City Attorney Orchard
CONSENT CALENDAR
CONSENT CALENDAR
Councilmember Feibusch requested that Items #1 and 9 be pulled;
Councilmember Riley requested that Items 4, 8-10 be pulled. M/S:
Snyder/Myers to approve Items #2, 3, 5-7 as fo~llows:
2) General Warrants #14857-14890, $97 ,'230 .55
3) Minutes, June 18, 19 80
5) Approved budget transfer authorization from General Fund in the
amount of $28,292.25 to provide funds for Court cases
6)' Approved Resolution No. 81-1 establishing records retention
schedule & authorizing destruction of useless records
7) Approved Resolution No. 81-2 authorizing execution of agreement for
City Attorney services with Merle Orchard.
Motion carried by the following roll call vote: AYES: Riley,. Feibusch,
Snyder, ~ers, Hickey NOES: None ABSENT: None
1) Payroll Warrants #10411- Councilmember Feibusch asked for an
10580, $102,906.23 explanation of overtime payments to
the Police Department. City Manager
Swayne stated this would be agendaed for the next meeting.
9) Resolution No. 81-4,
adopting the preliminary
budget for fiscal year 1980-81
Councilmembers Feibusch and Riley
pointed out a typing error.
M/S: Feibusch/Snyder to approve Item No. 1, Payroll Warrants $10411-
10580, $102,906.23 and Item No. 9, Resolution No. ,81-4 adopting the
preliminary budget for fiscal year 1980-81 as corrected. Motion carried
by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers,
Hickey NOES: None ABSENT: None
4) Award of bid for fireproof.
safe
Councilmember Riley pointed out
error in bid tabulation.
8) Resolution No. 81-3
authorizing agreement to
purchase property adjacent to
~Cobbi Street Substation
(Salisburs~ property)
Councilmember Riley questioned the
meaning of "one year from close of
· escrow", contained in the agreement.
..
10) Resolutl,m No. 8].-5, Councilmember Riley pointed out
adopting pay pi. an that City Attorney should no~ be
listed as it is a contract positim,.
City Manager S~ay~e stated t~ sl~ou]d be d~]~t~d.
194
M/S: Ri]ey/Fetbusch to al~prov'e Item t/4, award of bid for fireproof
safe to Diebold, Inc. in the amount of $4,690.34; Item ~/8, Resolution
No. 81-3' approving agreement of sale of real property - Salisbury; and
Item t/10, Resolution No. 81-5, adopting pay plm~ as corrected. Motion
carried by the following roll call vote: AYES: Riley, Feibusch, Snyder,
Myers, tlickey NOI~S: None ABSENT: None ~
REPORTS CROM BOARDS , COb~IITTEES ,
COMMI S S IONS
REPORTS FROM BOARDS, COMblITTEES,
COMMISSIONS
11) Resolution No. 81-6, M/S: Snyder/Myers to approve
establishing tie-down Resolution No. 81-6 establishing
fees at airport tie-down fees of $2.00 per night and
$15.00 per month at Ukiah Municipal
Airport. Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: ~None ABSENT: None
12) Proposed street improve- M/S: Snyder/Myers to uphold the
ments at Stephenson & Ukiah Planning Commission's
Hortense Streets (Corippo) recommendation. It was the feeling
of Council that staff was correct in
pointing out the hazard and possible liability to the City. Discussion
was had as to placement of the curbing. It was felt that the curbing
should go behind the tree as this would be less of a hazard. It was the
opinion of the City Council that to establish proper authority and
procedures for action in such matters would be inappropriate at this time.
Motion carried by the following roll call vote: AYES: Riley, Feibusch,
Snyder, Myers, Hickey NOES: None ABSENT: None
WRITTEN COFR~UNICATIONS
WRITTEN COMMUNICATIONS
13) Letter from County re City Manager Swayne stated the
domestic animal control County feels there is a need for a
services new animal control incinerator and
is asking the City to contribute to
.the cost of construction. It was the consensus of the Council that a
more thorough study of subject matter be made before action could be
taken by Council.
'ORDINANCES & RESOLUTIONS
ORDINANCES & RESOLUTIONS
14) Resolution restricting C'ouncil was of the opinion that subject
use of Municipal Park matter should be in the fo~n of an
· ordinance rather than resolution. It
was also the opinion of Council that the noise ordinance be given a chance
to work before adopting another ordinance. No action taken.
15) Adoption of Ordinance M/S: .Feibusch/Myers to introduce
No. 749 parking trucks on Ordinance No. 749 by title only.
city streets Unanimously carried. M/S: Myers/
Feibusch to adopt Ordinance No. 749
amending Section 7154(b) of the Ukiah Municipal Code (relating to parking
trucks on City Streets). Motion carried by the following roll call vote:
AYES: Riley, Feibusch, Sn~der, Myers, Hickey NOES: None ABSENT: None
CITY MANAGER REPORTS
CITY MANAGER REPORTS
16) Proposed agreement between City Attorney Orchsrd pointed out
the City & Rural Communities that the only change to the agreement
Housing Development is if by 1982 they haven't started
Corporation construction, the City could either
get their money ~ack or negotiate a
new deadline. M/S: Feibusch/I~[ley to approve Resoiu~':io'n No. 81-7
autl~orlztng exccuti_on of the agreement wJ. tb the Rural Communi. ttes }lousing
1)ew~lopment Corporation. It was thc consent;us of Council that as this is
a State mandat~,d program, Ukf. ah shou]d apply under SB90 for reimbursement.
M/S: Snyder/R,.l. cy to amc. nd motl. on to add that C:I. ty seek re:imbursement
from t:l~e Stat~ of California ,ruder St;90. Amendm~mt to origln~tl motion
.Mtg.
7/2/~0
195
carried by the following roll call vote: AYES: Riley, Feibusch, Snyder,
Myers, Hickey NOES: None AJ~SENT: None
Motion as amended carried by' the following roll .call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
17) Wastewater treatme'ht Plant,
consultant engineering cost
increases & construc.tion
cos t increas°es
City Manager Swayne reported on
meeting with State Water. Resources
Control-Board. Councilmember Feibusch
read the following statement and
requested it be a part of the record:
"As your appointed representative to the Ukiah Valley Sanitation District
I attended the meeting with the State Water Resources Control Board on
June 24th in Sacramento, together with the city manager, city attorney,
Mr. Goforth and Mr. Beard.
The subject matter was the increase of the design and construction
costs for our sewer project over the original estimate. The nine
State representatives present in no uncertain terms questioned the cost
estimates of the Kennedy-Jenks firm. Mr. Richard Kennedy, who was also
present, 'admitted that his initial cost estimate was a mistake, and that
along with inflation and additional requirements of the State Board both
the design cost and the construction cost have nearly doubled.
The State Board requested that before the project can proceed an
independent appraisal of the Kennedy-Jenks cost estimate be made. In
reply to this request Mr. Kennedy suggested that our public works
director, Mr. A1 Kruth., make this independent appraisal. On the way
home from Sacramento our city attorney stated' that there could be a
problem with the public works director's appraisal, since Mr. Kruth's
son is employed by Kennedy-Jenks, and that a totally independent engineering
firm should be engaged. I fully agree.
I personally have problems with the design. Discussing it with former
City Councilman Ira Brannon it appears that the scope of the design
goes far beyond that authorized by the City Council. As you all know,
our city and sewer district operates under a cease and desist' order,
which requires that we improve the quality of our waste water discharge.
One of the requirements is that we achieve an 85% reduction in biological
oxygen demand. Kennedy engineers in their Project Report Addendum of
January 1979 on page. 28 admit that this 85% removal requirement will not
be achieved and that we have a waiver of these requirements until 1983.
It is my understanding that this waiver has been extended until 1985.
What this means then is that if we proceed with the construction of the
present design at a cost of 5.2 million dollars we will have to add a
tertiary treatment facility, completed by 1985, and nowhere has any
thought been given to this enormous additional expense.
I am also concerned about a statement made to me more than.once by Mr,
Ted Goforth that I should not publicize the fact that the newly
designed facility nearly triples the capacity of the existing plant.
I have informed the city attorney about these statements, but have
not received a satisfactory explanation. Let me assure you that I
will not be part nor will I' commit the people of Ukiah to be part of
any illegal or deceiving actions.
Other concerns I have are:
that we treat the water to be sent do~m thru river to Sonom~ County
instead of reintroducing it into our diminishing ground water table;
that the operation and maintenance of the newly designed plant will
be extremely costly both in chemical and energy consumption;
that there is a question of the availability of grant money.
'l:l~ercfore I sugg(,:;t that w(: follow the Stat(.: Water Resource,,; Control
Board's r~,(l~.:.;t Ior an l~lependent surw~y of tl~e cost estimates and
along w.ltl~ It l~ave an independent eval.~mtion of tim design.
196
I hope that you, Mr. Mayor, will appoint a conanittee of the City Council
to participate in tl~e selectJ, on of the independent evaluator."
City Manager Swayne requested that his statements'on subject matter be
made a part of the record.
"Mr. Mayor, I am going to have to do my usual thing and take exception to
some of Councilman Feibusch's statements. I think in the first place the
implication in his. statement that Ted Goforth was advocating illegal or
deceivin, g things was totally unwarranted and was unfair Jnd unnecessary.
I think what Mr. Goforth was intending to convey to Councilman Feibusch
is that the winter flows in the plant are 7~ million gallons or 7 million
gallons but that the legal capacity of the plant were, in terms of how we,
or what we call the plant, is 2~ million gallons a day. I think what Ted
Goforth is txq~ing to indicate is that we want to be sure 'that we don't tell
people that we have a 7½ million gallon a Ray plant, because it is not.
That's one thing.
The other thing is on the 85% removal requirement. This Council spent many
long hours discussing whether or not they would apply for the waiver. The
Council ultimately decided that it was a worthwhile risk to take, to obtain
the waiver and proceed on the project. The Council's feeling at that time
was that the 85% removal requirement was a foolish requirement and one
that would not be sustained in the future. It's. like using a slidge hammer
to kill a flea so it is a calculated risk and it may well be that the
Regional Board will reinstitute that requirement. The Council's previous
decision was that it was a risk that was worth taking rather than spending
extra money at this time for work that might not ultimately be necessary.
The staff has recommended that we hire an independent engineer. I think
that is not accurate to say that the State Board recommended that we do
that. The State made it very clear that what we did was our responsibility
and that they were going to look to us to be responsible for the contracts
with Kennedy-Jenks. There was a member of the State staff that said he
thought it was a good idea from his personal perspective but ultimately it
is the City's decision as to whether we hi. re outside engineers or accept
the review that has been made by the Director of Public Works. The staff
recommendation is that we do hire an outside engineering firm to review
the Kennedy Engineers' work not because we doubt Mr. Kruth's capacity to do
that but because we think that it would be a time consuming job that neither
he nor Mr. Beard have the time to do. We thi~k that we need someone that
has adequate time to go down and go through and review the records that
Kennedy Engineers have on work done to date and also their proposed work
and give us a recommendation as to a new contract.
With respect to the design review, I think if we get into that we are
putting our whole grant process at risk because ttm State is not
receptive to that. We started this project in 1975, we've studied every
kind of swamp, tertiary treatment, filter etc. There -are reports that
go on for years and thick volumes that we have spent studying the different
ways that we could do this project and I think that we finally arrived at
the project that we ought not to abandon. To do so; I think would increase
the cost of the project more than has already been increased by the
interminable delay in restudy of issues-that don't really justify that
level of report writing."
After considerable d.[scussion, it was the consensus of the City Council
to solicit proposals from qualified consulting engineers. Concern was
expressed as to possible delay of the project. It was suggested that
Kennedy-Jenks Engineers split the cost of the review with th'e City.
M/S: Snyder/Myers to solicit proposals from qualified consulting
engineers to evaluate Kennedy-Jenks Engineers design review and cost
estimates and ask Kennedy-Jenks Engineers to split the cost of the review.
Motion carried by the following roll call vote: AYES: Riley, Feibusch,
Snyder, Myers, llickey NOES: None ABSENT: None
CITY COUNCIL ld;POR'.r,;
CITY' COUNCIL REPORTS
18) Ccrrc~';pondence from
City Cl¢~rk
M/S: Snydcr/Myers that coffee not
be provided at Cit:y Counc:l. 1 mcet:i, ng.
197
Motion carried by the following roll call vote: AYES: Riley, Feibusch,
Snyder, Myers, tlickey NOES: None ABSENT: None
18a) Appointments to
Commis s ions
M/S: Snyder/Feibusch to add Agenda
Item #18a. Unanimously carried.
Plannin$ Commission: Councihnember S~yder nominated Don VanderMey;
Councilmember Riley nominated Verna Cox; Councilmember Myers nominated
Guy Velardi. The balloting resulted in a tie Vote .for VanderMey and
Velardi. The second ballot resulted in the nomination of Guy Velardi
(Resolution No. 81-8).
Airport Commission: Councilmember Snyder nominated Doug Baker;
Councilmember Myers nominated Jim Aggi. The balloting resulted in the
nomination of Jim Aggi (Resolution No. 81-8).
Solar Energy Commission: It was the consensus of the Council that
applicants not appointed to either the Plan. ning or Airport Commission
be asked if they would be willing to serve on the 'Solar Energy
Commission. Council directed City Clerk to contact those applicants and
present those names to Council at the adjourned meeting set for July 8,
1980. M/S: Snyder/Myers to appoint Stephen Baumann, Jim Busch, Paul
Pitino, Mark Cagle and Robert Wallen to the Solar Energy Commission.
Unanimous ly carried.
Councilmember Feibusch reported that Councilmemher Riley and he had
looked into the matter of the County Personnel Department's hiring pro-
cedures. The response was against' entering into a contract with the
County Personnel Department. They have suggested that all applications
be received at the front desk in the Finance Department, that
examinations be contracted out and depart~nent heads make the final
decision.
Councilmember Feibusch asked why the Fire Department Chief's car did
not have' a fire emblem. City Manager Swayne stated this would be on the
agenda for the next meeting.
Councilmember Riley. suggested that a subcommittee be made up of one or
two council members, staff member working on the CHRIS model and Chuck
Lewis to try and develop a time line for the CHRIS model.
Councilmember Snyder~ reported that Mrs. Kingsley sent a letter thanking
the City for repaving Snuffin Street.
Councilmember Snyder also referred to memorandum of June 20 regarding
Millview Water District and asked what legal obligation the City has
to deliver water to Millview and does the City charge for this service?
Ted Goforth stated that they are charged for the water and fire truck
equipment time. City Manager Swayne stated that LAFCO is recormmending
a new district be created to be responsible for the water service or,
as an alternative, buy out Millview Water if it is annexed. It was the
consensus of Council to stand by their original decision.
Councilmember Myers stated he would be attending the MCOG-meeting
scheduled for July 7, 1980.
Councilmember Myers a'lso sta~ed he is looking forward to the fireworks
demonstration on July 4.
Mayor Hickey reported that NCPA has not completed its selection process
for a new general manager but expected to make a recommendation at its
July 23 meeting. ·
Mayor Hickey reported that NCPA ham been attempting to file for a permit
for hydroelectric generation plant on the Feather River since PG&E's -
permits have expired.
Mayor Hickey stated that he presented trophies today on behalf of the
City to members of the Ukiah Indian Marathon team who placed first in
a marathon run from Palm Springs to Davis.
Cl. ty Mt~mq;ur Swayne reported that Planning Dlrecto'r llarr_Is bad received
Re I;. Mtg.
7 / ~ / ~m
i';~l',t' 5
198
a letter from LAFCO suggesting the Airport Industrial, annexation take
in thc Munson Subdivision, City Manager Swayne asked C. ouncil to review
Planning Director Harris' response. It was the consensus of the Council
that the letter was satisfactory. ,
ADJOURNbH,]NT- to July 8, 1980.
Ih, g. Mt g.
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