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HomeMy WebLinkAboutMin 11-01-95324 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - November 1, 1995 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:30 p.m. Roll was taken and the following Councilmembers were present: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. Staff present: City Clerk McKay, Public Utility Director Barnes, City Engineer/Public Works Director Kennedy, Senior Planner Stump, Planning Director Sawyer, Assistant Redevelopment Director DeKnoblough, Finance Director Elton, Assistant to the City Manager Harris, Public Safety Director Keplinger, Fire Marshall Sprehn, Fire Captain Evans and Fire Operations Commander Sandelin. 2. Invocation/Pledge of Allegiance The City Clerk delivered the Invocation and Councilmember Wattenburger led the Pledge of Allegiance. 3. Approval/Correction of Minutes of Regular Meeting of October 18, 1995 Councilmember Mastin made the following corrections to the minutes of the regular meeting of October 18, 1995; Page 1, Item 3a., 2nd paragraph, let line, change "Ramon" to "Ramona"; Page 4, Item 9e., sixth paragraph, last line, add "and Mendocino Transit Authority" after the word "sharing"; same page and Item 9e., llth paragraph, second line, delete "in the" and replace with "on", and third line add "area" after the word "Street" and replace the word "lot" with "area". Councilmember Wattenburger made a correction to Page 1, Item 4, noting he had abstained from the vote, instead of the indicated vote of AYE. M/S Mastin/Wattenburger to approve the minutes of the regular meeting of October 18, 1995, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 4. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Government Code Section 1094.6 of the California Code of Civil Procedures. CONSENT CALENDAR Councilmember Shoemaker pulled Item 5d. Rejection of Bids Received for Tree Trimming Services. No. D1683. This item then became New Business Item 9d. M/S Shoemaker/Wattenburger to approve the Consent Calendar as follows: 5a. Received and approved Report of May 1995 Disbursements 5b. Received and approved Report of June 1995 Disbursements 5c. Received and filed report of purchase pursuant to U.C.C. Section 1522A3 for three personal computers for the Finance Department from Blackship Computer Systems, Inc., in the amount of $6,218.36 5e. Awarded bid for four 50KVA, three 150KVA, and one 500KVA various electrical transformers to General Electric Supply Company in the respective amounts of $6,911.20, $21,702.03 and $11,456.45. 5f. Awarded bid for seven S.W.A.T. Entry Vests to U.S. Armor Corporation in the amount of $10,647.29 The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Reg. Mtg. November 1, 1995 Page 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - November 1, 1995 325 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS .No one came forward. The City Manager noted the need has arisen since the close of the agenda for Council to take action on four items of business which cannot wait until the next agenda. It was the consensus of Council to add the following items of emergency business as follows to this agenda, as follows; 9e. Authorize Sale of Surplus Ambulance Fire Med 4. 9f. Authorize the City Manager to Cancel Order for One 1996 Crown Victoria, Amend Purchase Order 27456 to Reflect Two Vehicles at 2/3 Price and Issue New Purchase Order for 1995 Crown Victoria LX in the Amount Remaining 1/3, Plus $2,500 Trade-in for 1987 Buick Regal. 9g. Consideration of Memorandum, Dated October 19, 1995 from MCOG Relative to Eel River Pump Project. 12a. Conference with Legal Counsel, Anticipated Litigation - Significant Exposure to Litigation Pursuant to Subdivision (b) of Section 54956.9 one case. UNFINISHED BUSINESS Sa. Approval of Resolution Adopting the Housing Element Update of the Ukiah Valley General Plan The Planning Director reported on the State requirements for housing elements, which must be reviewed by the State Department of Housing and Community Development (HCD) for legal compliance. He explained this has been accomplished and it now must be forwarded to Council for adoption so that it can be submitted to HCD for certification and remain in good stead for block grant funds, as directed by the HCD. Councilmember Mastin noted he found several non-substantial typographical errors and reviewed them with staff and Council. M/S Mastin/Wattenburger to adopt Resolution No. 96-25 adopting the Ukiah Valley General Plan Housing Element Update, as corrected. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. NEW BUSINESS 9a. Authorize the Mayor to Execute Amendment No. 5 of Engineering Services Contract for Wastewater Treatment Plant Construction Project Between the City of Ukiah and Kennedy/Jenks Consultants, Inc., Dated May 21, 1992, for an Amount Not to Exceed $68,900 The Public Utility Director reported as the Advanced Wastewater Treatment Project is nearing completion, required additional engineering services are needed. He explained this amendment No. 5 will cover the additional tasks required for completion of the construction phase, prime engineering requirements for the State Water Resource Control Board and the installation of needed primary process equipment. He reviewed the reasons for funding shortfall and the funds needed for these additional tasks and amendment No. 5 to Kennedy Jenks Consultants Inc. original agreement. Council queried staff regarding total costs for engineering, equipment, technical manual, and computer integration. Councilmember Shoemaker indicated his surprise at a charge for a manual when the City has paid them so much money and indicated maybe it could be provided as gratis. Reg. Mtg. November 1, 1995 Page 2 326 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - November 1, 1995 M/S Mastin/Wattenburger authorized the Mayor to execute amendment No. 5 to agreement between the City of Ukiah and Kennedy/Jenks Consultants dated May 21, 1992 for an amount not to exceed $68,900; authorized a budget amendment to increase the expense budget 611- 7410-250 in the amount of $48,600 transfer from City Capital Fund 620 and from District Capital Fund 650 $15,822 each, to cover unfunded portion of Items 1 and 2 and increase the revenue budget in Fund 611 by $16,956. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger,. Shoemaker and Mayor Schneiter. NOES: None. 9b. Authorize Acquisition of Easement From Triond, a General Partnership, and Expenditure of Public Fun4s in the Amount of $12,170 for Public Street Purposes on Northeast Corner of Brush Street at State Street Councilmember Shoemaker removed himself from this portion of the meeting due to a conflict of interest at 6:58 p.m. The City Engineer/Public Works Director reported on the need for funding authorization in the amount of $12,170 for the acquisition of an easement for street and utility purposes on property owned by Triond, a general partnership, on the north side of Brush Street, for a 10 foot strip of land. Mayor Schneiter noted a correction to the map attached as an exhibit. M/S Wattenburger/Malone to authorize the easement acquisition for street and public utility purposes on property located on the northeast corner of Brush and State Streets, address 915 North · State Street, and owned by Triond, a General Partnership, subject to construction conditions as identified in this report for the monetary amount of $12,170 and authorized the acquisition of title and escrow services from Redwood Empire Title Company. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Mayor Schneiter. NOES: None. Absent: Councilmember Shoemaker. PUBLIC HEARING - 7:00 p.m. 7a. Consideration and Introduction of Ordinance Adopting 1994 Uniform Fire Code, Amending Division 6, Chapter 3, Articles i and 2, and Chapter 6 of the Ukiah Municipal Code, Entitled, Respectively, Fire Prevention Code and Outdoor Burning. Councilmember Shoemaker rejoined the meeting at this time. The Fire Marshall reported the City adopted the 1988 Uniform Fire Code in 1990 with amendments. He reviewed each of the amendments made at that time and since. He explained that the Uniform Fire Code is published every three years by the International Fire Code Institute. He explained the State of California adopted and published this code, with amendments, on July 1, 1995. He reported this code now becomes effective 180 days after publishing, and local jurisdictions have this time to adopt the code to allow future amendments. He noted if a jurisdiction does not adopt this code during this time frame, it becomes effective by State statute and is not allowed to be amended until the next code is published in three years. PUBLIC HEARING OPENED - 7:06 p.m. No one came forward. PUBLIC HEARING CLOSED - 7:07 p.m. M/S Wattenburger/Malone to read the title only for the first reading of the Ordinance. The motion was carried with a unanimous voice vote of all AYE. Reg. Mtg. November 1, 1995 Page 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - November 1, 1995 The City Clerk read the title only of the proposed Ordinance. M/S Wattenburger/Mastin to introduce Ordinance amending Division 6, Chapter 3, Articles 1 and 2, and Chapter 6 of the Ukiah Municipal Code, entitled, respectively, Fire Prevention Code and Outdoor ~, and amending Chapter 4 entitled Fires. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 9c. Reallocation of Interest Income and Distribution of PERS Surplus The Finance Director reported on the auditors findings and recommendations for two possible adjustments to accounting records due to the August disposal of investments and explained accounting methods for all funds and city funds methods for interest reallocation and noted the need to determine PERS Surplus distribution. Discussion ensued regarding reduced account funds and effects. The City Manager requested a recess to discuss this matter with staff. Recess - 7:21 p.m. Reconvened - 7:24 p.m. The City Attorney offered the advise that the City's outside investment counsel should review this matter and recommended tabling this item of business until the regular meeting of November 15, 1995. M/S Malone/Wattenburger to table this discussion and continue this matter to November 15, 1995. The motion was carried by a unanimous voice vote of all AYE. 9d. Rejection of Bids Received for Tree Trimming Services, Req. No. D1683 Councilmember Shoemaker quieried staff reagrding the costs of certified tree trimmers, prevailing wage job, three person crew with equipment costs, and the bid process. The Public Utility Director reported the low bidders were deemed inadequate and explained the non-compliance matters with the bid specifications. Councilmember Shoemaker expressed concern about rebidding this to accommodate certifications and would prefer to award the bid to the lowest bidder. M/S Shoemaker/Schneiter to award the bid for tree trimming services to the lowest bidder. Discussion ensued regarding certification qualifications and City staff's attempts to gain bid compliance. The City Attorney noted it is common practice to reject all bids instead of trying to gain bid compliance. Mayor Schneiter called for the question. The motion on the floor failed with the following roll call vote: AYES: Councilmembers Shoemaker and Mayor Schneiter. NOES: Councilmembers Mastin, Malone and Wattenburger. M/S Malone/Mastin to reject all bids for Trees Trimming Services, opened October 10, 1995. The motion was carried by the following 327 Reg. Mtg. November 1, 1995 Page 4 328 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - November 1, 1995 roll call vote: AYES: Councilmembers Mastin, Malone, and Wattenburger. NOES: Councilmember Shoemaker and Mayor Schneiter. 9e. Sale of Surplus Ambulance Fire Med 4 M/S Wattenburger/Malone to declare the vehicle known as Fire Med 4 to be surplus property and authorized the sale of the vehicle to Miksis Services, Inc. for $5,000, as is/where is with no warranty, written or implied. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 9f. Purchase of vehicle for Police Department M/S Shoemaker/Wattenburger authorized the City Manager to cancel one 1996 Crown Victoria from production and delivery in February; amend purchase order 27456 to reflect two vehicles at two thirds of bid price; issue new purchase order for 1995 Crown Victoria LX in the amount of remaining one third, plus $2,500 trade-in value of 1987 Buick Regal. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 9g. Consideration of Memorandum, Dated October 19, 1995 from Mendocino Council of Governments (MCOG) Relative to Eel River Pump Project Councilmember Shoemaker reported to Council on this issue which is being considered by MCOG, and clarified MCOG's stance. Mayor Schneiter expressed concern regarding an opened ended Environmental Impact Report costs, and whether this effort by MCOG is appropriate considering the funding constraints of public agencies. He noted several other local water agencies, who are experts and have actual legal water rights and authority. Discussion ensued regarding State water rights questions, the funding constraints of MCOG with transportation issues, the responsibility of water rights resting at the Board of Supervisors, and storage issues with previous water rights issues mistakes. The City Attorney informed Council of a Joint Powers agreement approved by the County, and there is an upcoming water board meeting to discuss efforts to consolidate water districts. Discussion ensued regarding proper water representation and expertise needed concerning complicated water rights issues. Councilmember Shoemaker noted he will forward Council's comments to MCOG. 10. CITY COUNCIL/REPORTS Councilmember Mastin - Distributed an information packet of Economic Development and Financing Corporation information to Council which contained a purpose statement, loan guidelines, and one year goals. Coun¢ilmember Malone - Reported that next week there will be a goal setting meeting including Cultural Arts Advisory Board, the Sun House Guild and Endowment Fund, and noted the upcoming Parducci appreciation dinner next week. Councilmember Wattenburger - Congratulated the City Manager on her recent 1995 Woman of Achievement award received from the Business and Professional Women of Ukiah; noted the Airport entrance sign, and reported on his attendance in the Pumpkinfest festivities noting he received great reviews, and thanked the Community Services Department for their efforts. Reg. Mtg. November 1, 1995 Page 5 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - November 1, 1995 Councilmember Shoemaker - Reported on his participation in the Pumpkinfest activities; reported on MCOG meeting he attended surrounding the SAFE program call box program; reported on the Mendocino Solid Waste Management Authority progress on the new Household Hazardous Waste facility; and reported on the Annual League of California conference he attended in San Francisco. Mayor Schneiter - Reported on Geothermal issues; reported he met with staff and PG&E; and noted a Mayors/City Managers meeting tomorrow with in Ft. Bragg. 11. CITY MANAGER/DEPARTMENT HEAD REPORTS City Manager - Noted the costs for a National League of Cities subscriptions; proposed a date for a City Council/staff team workshop; and reminded Council she will be on vacation next week. Recessed - 8:17 p.m. to Ukiah Redevelopment Agency Reconvened - 9:09 p.m. CLOSED SESSION 12a. Closed Session for Conference with Legal Counsel, Anticipated Litigation - Significant Exposure to Litigation Pursuant to Subdivision (b) of Section 54956.9 (1 case) Into Closed Session - 9:10 p.m. Out of Closed Session - 9:45 p.m. The City Attorney noted no action was taken. 13. ADJOURNMENT There being no further business, tflle,~,.meeting waC adjourned at 9:45 p.m. // ?,/ /,:, CCMIN.212 [_ ~."~c-/' ' -- ., ', -, Cathy Mc~ay CMC/AAE, City Clerk i . 329 Reg. Mtg. November 1, 1995 Page 6