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HomeMy WebLinkAboutMin 03-20-9195 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - March 20, 1991 The City Council convened in a regular meeting at 6:30 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, Schneiter and Mayor Henderson. Absent: None. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Public Works Director Goforth, Acting Community Service Director Heise, Finance Director Vara, Assistant City Manager Horsley, Principal Planner Sawyer, Assistant Electrical Distribution Engineer Wobig, Electric Utility Director Roper, and City Engineer Beard. INVOCATION/PLEDGE OF ALLEGIANCE Mayor Henderson delivered the Invocation and Councilmember Wattenburger led the Pledge of Allegiance. PROCLAMATIONS 4a. National Adult Education Week: March 17-22, 1991 Mayor Henderson read and presented the Proclamation to Gordon Bourke, Acting Director of the Ukiah Adult School, who noted that as the Ukiah Adult School currently has 1500 enrollments, adult education plays a very important role in our community. 4b. County Recyclinq Month of May, 1991 Mayor Henderson read and presented the Proclamation to Michael Sweeney, Mendocino County Recycling Consultant, who expressed optimism that Mendocino County will reach its goal of 50% diversion of recyclables from the waste stream by the year 2000, noting that the current rate is 10%. 5. Approval/Correction of Minutes of Reqular Meetinq of March 6, 1991 M/S Schneiter/Henderson approved the minutes of the regular meeting of March 6, 1991, as submitted. The motion was approved by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Schneiter, and Mayor Henderson. NOES: None. ABSTAIN: Councilmember Shoemaker. CONSENT CALENDAR Councilmember McMichael pulled Item 7d. Status Report Reqardin~ City Policy for Tree/Shrubbery Trimminq. It then became New Business Item 10e. Councilmember Schneiter pulled Item 7e. Advisory Report Regarding Department of Fish and Game Fees. It then became New Business Item 10f. M/S Schneiter/Shoemaker to approve the Consent Calendar as follows: 7a. Approved the Payroll Warrants, dated from February 17 to March 2, 1991, #38061 to 38226, in the amount of $123,625.17 and the general warrants, #50117 to 50323, in the amount of $688,191.80. 7b. Denied the claims for damages of Dru Frederick Harris, Robert A. Hargie and Kenneth L. Koch, and referred them to the City's insurance carrier, R.E.M.I.F. 7c. Accepted Mulberry Street Extension Improvements as completed for operation and maintenance. 7f. Adopted Resolution No. 91-47, Establishing Regulations Under the Public Records Act. 7g. Adopted Resolution No. 91-48, Authorizing City Engineer to Execute Right-of-Way Certification for South State Street Improvements and Signalization Project. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 8. Audience Comments on Non-Agenda Items No one came forward. UNFINISHED BUSINESS 9a. Report Reqardinq Ukiah Hiqh School Tennis Court Fund Raising Orqanization and Goals The Acting Community Services Director reported on the fund raising efforts initiated by Rosalind Peterson for the repair and resurfacing of the Ukiah High School Tennis Courts. She noted at the Ukiah Unified School District Board meeting of March 12, a matching fund policy was approved in which they will share equally with the City of Ukiah the remaining costs associated with the repair and resurfacing of the High School tennis courts, with a "not to exceed 50% of the total sum" stipulation. Betty Klingbeil, 619 Donner Lane, representative for Rosalind Peterson, outlined the Ukiah School District Board meeting of March 12, and stated as they have now fulfilled the requirements that Council asked them for, they requested action to be taken at this time in order for them and the School District to go forward with this project. Councilmember McMichael expressed his support for all fund raising activities for this project. Discussion ensued regarding the final date of fund raising in June, the tax identification number and address for tax exempt donations, local advertising, timing of City and School funding to be received. Betty Klingbeil stated that Charles Myers, Ukiah Unified School District Administrator, is prepared to release funds at this time. The City Manager commented that it is his understanding, in discussions with the Superintendent, that the City and the School District wanted the fund raising first and then the two agencies will commit equal shares of 50%, up to $20,000 each, to the project, with monies to come from the next fiscal year budget. Discussion ensued regarding possible fund raising total amounts and final fund raising by the end of May. It was the general consensus of Council to receive and file this report. NEW BUSINESS 10a. Introduction of Ordinance Requlatinq Purchases and Contracts Under $10,000 and Lease-Purchases The City Manager reported that this proposed Ordinance addresses current, somewhat silent, areas in our existing code in the areas of lease purchasing, contracts under $10,000 and purchasing of items over $5,000 to $10,000. The City Attorney explained the Ordinance which outlines the areas of lease purchasing, procurement procedures, clarification of the Purchasing Officer's responsibilities, and contractual services already budgeted for. Reg. Mtg. March 20, 1991 Page 2 97 Discussion ensued regarding independent contractor personal services, bidders lists, and requests for proposals. Councilmember Shoemaker indicated he would like to see timelines for acquisition of informal bids, in order to possibly prevent inadvertent hasty omission of suppliers. The City Attorney stated that this Ordinance provides that Council be notified after the purchase of items under $10,000 of the bids received and the reason for the selection of the bid. Finance Director Vara noted that the turnaround time and documentation procedures will not change. Discussion ensued reg. arding advertising, specific times designated for bid openings, budgeted items, and complications of the process. Councilmember Shoemaker indicated he does not wish to hear complaints from suppliers and feels wording can be included in this proposed Ordinance to prevent future problems. M/S Shoemaker/Henderson to amend Page 3, Section C, 1st paragraph, add the wording "In a non urgent situation, require a five working day time period for opening and closing of the bid process, regarding rental purchases and service contracts." Discussion ensued regarding actual timeframes of two weeks already occurring in most cases, and notification procedures. The motion was defeated by the following roll call vote: AYES: Councilmember Shoemaker. NOES: Councilmembers McMichael, Wattenburger, Schneiter, and Mayor Henderson. M/S Schneiter/Wattenburger to introduce the Ordinance by reading the title only for the first reading. The motion was carried by a unanimous voice vote of all AYE. The City Clerk read the title only of the proposed Ordinance. M/S Schneiter/Wattenburger to introduce the Ordinance. The motion was carried by the following roll call vote: AYES: Councilmember McMichael, Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. Councilmember Shoemaker stated he voted AYE as he feels we currently have honest and trustworthy staff. Mayor Henderson commented that if a problem arises in the future, an amendment to this Ordinance could be considered. 10b. Adoption of Resolution Approving Informal Bidder's List The City Attorney reported an adopted informal bidders list is required for use in giving notice of public projects costing between $25,000 and $75,000, as per Ukiah City Code Section 1540 to 1544. The City Clerk reported the Attachment "A" is a list of contractors that have requested the addition of their names to the City of Ukiah list of qualified bidders for 1990 and 1991. The City Attorney noted the Council has not yet adopted an informal bidders list. An informal bidders list includes names of requestors and past year bid submitters which can be regularly updated and augmented by the City Clerk, as necessary, with yearly approval by Council. Discussion ensued regarding use of this list. Councilmember Shoemaker and McMichael suggested including the contractors classifications with their names on this list for easier research for job qualifications. Reg. Mtg. March 20, 1991 Page 3 98 M/S Schneiter/McMichael to adopt Resolution No. 91-49, Adopting the Informal Bidders List. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 10c. Set Date for Joint Council/Planning Commission Orientation It was the general consensus of Council to set the date of April 10, 1991, at 7:00 a.m. in the Council Chambers, for a joint meeting with the Planning Commission. 10d. Report Reqarding Tree Manaqement Plan for Todd Grove Park The Acting Community Services Director reported on the proposed Tree Management Plan developed by Arborist John Phillips, for Todd Grove Municipal Park. She noted this plan would encompass a review of the history of the park and past tree failures, an inventory of existing trees, hazard assessment based on a point system, recommendations for mitigating hazards including estimates for "man-hours" necessary for cost analysis, guidelines for proper tree culture and care, specifications for treatments, and guidelines for reforestation. She stated a plan would be complete 30 days from Council approval. John Phillips, 26010 String Creek Road, Willits, outlined his proposed plans and the process involved. Discussion ensued regarding use of park, watering concerns, mitigation possibilities, the recent falling of the 200 year old Douglas Fir Tree due to age, disease and leaning, future reforestation site consideration and universal pruning guidelines. Councilmember Shoemaker requested a proposal for a tree program in conjunction with the National Arbor Foundation Program. He stated he would like to see the City of Ukiah become designated as a National Tree City. M/S McMichael/Schneiter to adopt the Tree Management Plan to be developed by Arborist John Phillips. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 10e. Status Report reqarding City Policy for Tree/Shrubbery Trimming Councilmember McMichael expressed concern regarding tree chopping and requested Council input regarding the possible development of a City policy or at least guidelines for contractors pruning right-of-ways. The City Manager noted that City employees do try to work with the individual tree owners and indicated a policy could be developed. It was the general consensus of Council for staff to bring back a proposed policy regarding tree trimming. M/S McMichael/Schneiter to approve the status report regarding City policy for Tree/Shrubbery Trimming. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 10f. Advisory Report Reqarding Department of Fish and Game Fees Councilmember Schneiter noted that since January 1, 1991, the County Clerk, as allowed by AB 3158, is collecting a fee of $1250 for filing a Negative Declaration and $850 for filing an Environmental Impact Report, for the Department of Fish and Reg. Mtg. March 20, 1991 Page 4 99 Game, even though a project may have no impact on a stream or waterway. The City Attorney explained that the legislation states a fee does not have to be collected on de minimus projects, and the Fish and Game Department has recently written guidelines that interpret that wording. Councilmember Schneiter stated these consequences to many projects and agencies. fees have maj or M/S Schneiter/Wattenburger to receive and file this report. The motion was carried by the following roll call vote: AYES: McMichael, Wattenburger, Schneiter, Shoemaker, and Mayor Henderson. NOES: None. CITY COUNCIL REPORTS McMichael Reported on the Sun House meeting he attended last week. Shoemaker Reported on the Mendocino Solid Waste Joint Powers Agency meeting he attended, a group trip he took to the Bay Area to observe a source separation facility, the Chamber of Commerce Board meeting he attended last week, the Mendocino Development Corporation recent budgetary constraints, and commended staff for the recent electric utility flyer in the monthly bill which contained excellent explanations for the public. He requested a report regarding costs involved to develop solar generation that could be used during our peak electric use in the summer time. Schneiter Reported on the Ukiah Valley-Wide Task Force meeting he attended last week in which his study group is developing a final recommendation to the whole Task Force, and commended Charley Barra for his chairman's role in setting direction, noted he will attend the NCPA monthly meeting on March 28, and noted a meeting on March 29 he will be attending regarding MCOG. Mayor Henderson Noted she has received a request from the United State Conference of Mayors, for nominations of one adult and one youth volunteer for national recognition. CITY MANAGER/DEPARTMENT HEAD REPORTS Invited the Council to observe the two assessment centers to be held next week at the Sun House meeting room for Fire Captain and Operations Commander, and reported on the Growth Management Steering Committee progress. CLOSED SESSION The City Attorney noted the need to go into Closed Session under the potential litigation exception of the Brown Act, Gov. Code Section 54956.9 (c). M/S Shoemaker/Schneiter to go into Closed Session based on existing facts and circumstances, to decide whether to initiate litigation. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael. Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Recess to Redevelopment - 8:05 p.m. Reconvened - 8:20 p.m. Council entered Closed Session at 8:23 p.m. Reg. Mtg. March 20, 1991 Page 5 Council came out of Closed Session at 8:50 p.m. No action was taken. ADJOURNMENT There being no further business the meeting was adjourned to April 3, 1991, at 9:00 a.m., for Pre-Budget Workshop, in the Council Chambers, Civic Center, CCMIN.58 300~/inary Avenue, Ukiah. CITY COUNCIL MINUTES REGULAR ADJOURNED MEETING Pre-Budget Workshop 300 Seminary Avenue April 3, 1991 The City Council did not convene a~. Chambers of the Civic Center, due t ! 9: 00 a.m. in the Council ~k of a ~uorum. /~fc~ay,/city Clerk Reg. Mtg. March 20, 1991 Page 6