HomeMy WebLinkAboutMin 05-15-91120
MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - May 15, 1991
The City Council convened in a regular meeting at 6:33 p.m., in
the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah,
California. Roll was taken and the following Councilmembers were
present: McMichael, Wattenburger, Shoemaker, and Schneiter.
Absent: Mayor Henderson. Staff present: City Clerk McKay, City
Manager Rough, City Attorney Rapport, Community Development
Director Harris, Principal Planner Sawyer, Executive Assistant
Stamelos, Acting Community Services Director Heise, Electric
Utilities Director Roper, Public Works Director Goforth, Public
Safety Director Keplinger, Police Captain Budrow, City
Engineer Beard, and Finance Director Vara.
INVOCATION/PLEDGE OF ALLEGIANCE
The Community Development Director delivered the Invocation and
Vice-Mayor Schneiter led the Pledge of Allegiance.
PROCLAMATIONS
4a. National Bike to Work Week of May 21, 1991
Vice-Mayor Schneiter read and presented the Proclamation to
Steve Turner, a bicyclist enthusiast, who outlined the benefits
of riding a bike instead of driving a car to work.
4b. National Safe Boatinq Week of June 2, 1991
Vice-Mayor Schneiter read and presented the Proclamation to
James G. Rizer, National Safe Boating Week Chairman and member
of the United States Coast Guard Auxiliary Ukiah Flotilla 87,
who reported on local boating events scheduled at Lake Mendocino
and provided boating statistics.
APPROVAL/CORRECTION OF MINUTES
5a. Reqular Adjourned Meeting of April 23, 1991
M/S McMichael/Wattenburger to approve the minutes of the regular
adjourned meeting of April 23, 1991, as submitted. The motion
was carried by the following roll call vote; AYES:
Councilmembers McMichael, Wattenburger, Shoemaker, and Vice
Mayor Schneiter. NOES: None. Absent: Mayor Henderson.
5b. Reqular Meetinq of May 1, 1991
Councilmember McMichael requested the following correction to
Page 3, last paragraph, last sentence, omit "in" and add the
words "to be".
M/S McMichael/Shoemaker to approve the minutes of the regular
meeting of May 1, 1991, as amended. The motion was carried by
the following roll call vote: AYES: Councilmembers McMichael,
Wattenburger, Shoemaker, and Vice-Mayor Schneiter. NOES: None.
Absent: Mayor Henderson.
6. Right to Appeal
Vice-Mayor Schneiter reviewed Section 1094.6 of the California
Code of Civil Procedures regarding the appeal process.
7. Consent Calendar
M/S Shoemaker/McMichael to approve the Consent Calendar as
follows:
7a. Approved and authorized the payments of payroll warrants,
#38710 to 38869, from April 14, 1991 to April 27, 1991, in the
amount of $113,950.87, and the general warrants, #50830 to
51010, in the amount of $870,678.00.
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7b. Authorized the City Clerk to notify appropriate
Commissioners whose terms expire June 30, 1991, and request them
to reapply if interested in serving another term and publicly
notice to solicit applicants for the upcoming vacancies on the
Airport and Planning Commission.
7c. Authorized the City Clerk to prepare and distribute Requests
for Proposals for legal publishing services for the fiscal year
of 1991-92.
7d. Received and filed the status report on the new water
treatment plant construction project.
7e. Authorized the Mayor to sign a letter to Local Agency
Formation Commission recommending approval of Millview County
Water District Annexation No. 91-1.
7f. Awarded bid for rental of a Caterpillar D6H Tractor dozer
from Butler Equipment rental for $55 per hour (without operator)
on an as-needed basis for the duration of the 1991 construction
season.
7g. Awarded the bid for rental of a 627B Caterpillar Scraper
from Mattern Construction in the amount of $130 per hour on an
as-needed basis for the construction season ending no later than
December 31, 1991.
7h. Rejected all bids for street striping and authorized staff
to proceed with formal procurement of annual street striping
services following adoption of the 1991/92 budget and authorized
staff to pursue informal bidding procedures to procure street
painting services for the remainder of the current fiscal year
1990/91, in an amount not to exceed $5,000.
The previous motion was carried by the following roll call vote:
AYES: Councilmembers McMichael, Wattenburger, Shoemaker and
Vice-Mayor Schneiter; NOES: None. Absent: Mayor Henderson.
Vice-Mayor Schneiter clarified that only the most qualified
Commission applicants will be chosen by Council, in reference to
agenda Item 7b. Authorize City Clerk to Advertise Upcoming
Commission Vacancies.
8. Audience Comments on Non-Aqenda Items
Betty Klingbeil, 619 Donner Lane, provided Councilmembers
copies of a letter, with additional information distributed to
Mayor Henderson and City Manager Rough, and provided Council a
verbal report regarding the fundraising activities for the Ukiah
High School Tennis Courts resurfacing.
UNFINISHED BUSINESS
9a. Special Presentation by Western Power Association (WAPA)
The Electric Utilities Director introduced Dave Coleman,
WAPA Area Manager, who provided Council a verbal report
regarding the service area of WAPA, the history pertaining to
the formation of WAPA, and future impacts that will affect
Ukiah's electric allocation.
Discussion ensued regarding future conservation efforts, excess
electric allocation available in the 1994 marketing plan, and an
informational forum regarding Ukiah's renewal to be held in
Sacramento in July with a public hearing scheduled for August.
The Council thanked Mr. Coleman for his presentation.
Reg. Mtg.
May 15, 1991
Page 2
122
UNFINISHED BUSINESS
10a. Authorize City Manaqer to Neqotiate Contract for Growth
Manaqement Plan/General Plan Revision Consultant Services
The City Manager reported that the retention of an experienced
consultant team is crucial for development of the Growth
Management Plan/General Plan Revision Project which is currently
underway in Ukiah. He noted the consultant team will serve as
the technical resource and facilitator to the City staff,
Growth Management Steering Committee, and the Element
Committees. He stated that Request for Proposals were
sent to 35 firms with nine proposals. He reported
that a seven member screening committee found five firms to be
outstanding and staff completed a background research on each.
He stated the screening Committee met on May 13, 1991,reviewed
the evaluations, and is recommending the selection of Eric Jay
Toll and Associates. He noted that upon Council's approval, a
comprehensive contract will be negotiated with final approval
from Council.
Eric Jay Toll outlined his proposal for Council and explained
his approach to this historic project.
The City Manager stated that $200,000 was budgeted for this
service and the proposal of Eric Jay Toll and Company was
$197,412 including the environmental impact report with the
General Plan and will be complete in 18-1/2 months. He noted the
cost of the Project will be spread over the next several fiscal
years.
The City Manager and Council commended Principal Planner Robert
Sawyer for his efforts and expertise in the selection process
for a General Plan Consultant for Ukiah.
M/S Shoemaker/McMichael authorized the City Manager to negotiate
a contract with Eric Jay Toll and Company. The motion was
carried by the following roll call vote: AYES; Councilmembers
McMichael, Wattenburger, Shoemaker, and Vice-Mayor Schneiter.
NOES: None. Absent: Mayor Henderson.
10b. Appeal by Patrick Duqgan
Improvements, State and Evans Streets
of Required Drainage
The City Engineer reported Mr. Duggan applied for a Use Permit
in August 1990, to establish a restaurant at 801 North State
Street. He noted that Standard Condition No. 17 of the Use
Permit approval provides that street improvements be constructed
per the City Engineer which was discussed at the Project Review
meeting prior to the Planning Commission meetings. He reported
the specific extent of off-site drainage could not be determined
at that time until improvement plans with curb elevations were
prepared by a qualified engineer, which were completed in April
1991. He reported currently Mr. Duggan is processing a permit
to convert his building to commercial use, specifically a
restaurant, in which City of Ukiah Policy Resolution No. 5
requires street improvements, which would include a storm drain
along Evans Street to handle water runoff and flooding occurring
naturally due to the low area.
Discussion ensued regarding a possible alternative of the City
fronting the engineer's estimated cost ($4,000) of the storm
drain installation, with a signed agreement by Mr. Duggan to
repay the cost with accrued principal and interest.
Discussion continued regarding the costs of the storm drain
installation, location, size, depth, flow of water, the existing
Redwood tree, and timeframes necessary for completion.
Joan Duggan, 801 N. State Street, reviewed the bids they have
received for the improvements and storm drain, offered to
install a sump pump system which is used by other businesses in
Reg. Mtg.
May 15, 1991
Page 3
123
town as an alternate. Although conditions #12 and #17 are vague,
and stated she never heard from staff that a storm drain would
be required.
Patrick Duggan, commented the bids he received averaged
$14,000 and clarified portions of the bids. He stated that they
don't have the money for this improvement as they did not budget
for it because they were never told about this required
condition. He remarked if they are made to do this, they will be
forced to abandon this project.
Councilmember McMichael questioned if the Duggan's attended
the Project Review Committee meeting and what they remember.
Patrick Duggan stated they both attended and took extensive
notes and only remember being told that at some future time the
off site drainage will have to be addressed, but it was not
clarified as to who would address it.
Discussion ensued regarding the individual estimates and type of
work, the redwood tree roots, State Street and Evans Street
puddling and runoff of water, and a sump pump system as an
alternate solution.
The City Engineer reviewed another sump pump system within the
City and stated the covering of dirt with paving creates
additional water run off from the site and in the street and
indicated a sump system would not be appropriate for this area
and conditions.
Councilmember Wattenburger stated that as this drainage problem
has previously existed it is not fair to penalize the
development of the property and also a new business and feels
the City has some obligation in the solution to this problem.
Councilmember McMichael expressed his concerns about how to
prorate this work and share of contributions.
M/S McMichael/Wattenburger if we put a drainage inlet in as
proposed by the City Engineer, that the Duggan's only be
required to contribute their prorated share of that improvement.
Discussion ensued regarding how to fund, how to accomplish the
work, how to pro rate as per area affected, how to save the tree
roots.
The City Attorney advised if City funds go into this project,
this project may be more expensive due to prevailing wage laws
applying as per labor code. He asked for clarification in the
motion as to who will make the determination of the percentage
share of cost.
The City Clerk reread the previous motion, as requested.
Councilmember McMichael requested the additional wording to the
motion of, "Prorated share to be determined by the City
Engineer, based on area of collection."
Councilmember Wattenburger, maker of the second, approved the
additional wording.
Mr. Duggan asked if he could obtain an additional opinion of
an outside engineer to compare the calculations of water.
Vice-Mayor Schneiter advised Mr. Duggan the final
determination by the City Engineer could be appealed at a later
date.
Discussion ensued regarding public versus private party work.
Vice-Mayor Schneiter called for the vote.
Reg. Mtg.
May 15, 1991
Page 4
124
The motion carried by the following roll call vote: AYES:
Councilmembers McMichael, Wattenburger, Shoemaker, and
Vice-Mayor Schneiter. NOES: None. Absent: Mayor Henderson.
Discussion ensued regarding the process of completing the work
by the City under the informal bidding procedures.
The City Attorney advised that the City Engineer has the
authority to go out to bid for work under $10,000, but he
questioned if the budget authority exists to make the funds
available.
M/S McMichael/Wattenburger requested the City Manager to develop
a solution for funding. The motion was carried by the following
roll call vote: AYES: Councilmembers McMichael, Wattenburger,
Shoemaker and Vice-Mayor Schneiter. NOES: None. Absent: Mayor
Henderson.
CITY COUNCIL REPORTS
Councilmember McMichael
Reported on the upcoming Sun House Tea and Tour event this
Sunday and encourages all to attend.
Councilmember Wattenburger
Reported on the continuing financial constraints of Mendocino
Transit Authority. He questioned the City Manager regarding the
status of the salary survey report and the management audit.
The City Manager stated the salary compensation study is
completed and is being distributed to the employee associations
for their review and the management audit first draft is being
reviewed and will be sent back with the projected completion by
the end of the fiscal year.
Councilmember Shoemaker
Reported on the Mendocino Solid Waste Joint Powers Agency
meetings he has attended as its Chairman.
Vice-Mayor Schneiter
Reported on a Mendocino Council of Governments meeting he
attended on May 6, 1991.
City Manager Report
Reported on the Ukiah Valley Wide Task Force meeting he attended
last week and noted the final review and approval of
recommendations will be in June, reported on the Downtown Master
Plan Revitalization Committee meeting. He noted he will be gone
May 23 through 29, 1991, during which the Assistant City Manager
will be Acting City Manager.
Closed Session
None.
Adjournment
There being no further business,
8:29 p.m.
CCMIN.64
t~ meeting
Ca~hy~Ka? ;~ity
was adjourned at
Clerk
Reg. Mtg.
May 15, 1991
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