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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