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HomeMy WebLinkAboutMin 06-17-091. ROLL CALL Ukiah City Council met at a Regular Meeting on June 17, 2009, the notice for which being legally noticed on June 12, 2009. Mayor Baldwin called the meeting to order at 6:07 pm. Roll was taken with the following Councilmembers present: Landis, Thomas, Crane, and Mayor Baldwin. Councilmembers absent: Rodin. Staff' present: City Manager Chambers, City Attorney Rapport, Community Services Supervisor Merz, Director of Planning and Community Development Stump, Project and Grant Administrator Mills, Director of Public Works/City Engineer Eriksen, Director of Community and General Services Sangiacomo, Director-of Electric Utility Grandi, and Deputy City Clerk Currie. 2. PLEDGE OF ALLEGIANCE City Attorney Rapport brought forth an Urgency Item to the City Council for consideration to be added to the agenda. MIS Crane/Landis finding that an emergency situation exists that arose after the preparation and posting of the agenda, and to add to the agenda the Urgency Item, "Adopt A Resolution Authorizing the City Attorney to Cooperate with the League of California Cities, Other Cities and Counties in Litigation Challenging the Constitutionality of Any Seizure by the State Government of the City's Street Maintenance Funds." Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. The Urgency Item will be heard as Item 11 d. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 7. CONSENT CALENDAR 6:12:17 PM /S Crane/Thomas to approve the Consent Calendar items 7a-71: a. Report of Disbursements for the Month of May 2009 b. Rejection of Claim for Damages Received from Mendocino County Employees Retirement Association and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund CC 6/17/09 Page 1 of 6 C. Notification of Purchase of Cisco Catalyst 3750e Network Switch From AT&T Datacom in the Amount of $7,947.56 d. Report to Council for the Purchase of Laserfiche Software and Maintenance/Support from ECS Imaging for the Period of 6/20/2009 through 6/19/2010 in the Amount of $5,390.36 e. Report to the City Council Regarding Payment to City of Light Sound and Recording for the Sound Equipment and Sound Technician Services for the 2009 Sundays in the Park Concert Series in the Amount of $9,600 f. Report to the City Council Regarding the Purchase of Services for the Printing of the 2009 Summer Recreation Guide in the Amount of $5,764.91 g. Authorize City Manager to Negotiate and Sign a Three-Year Audit Services Contract Extension with Davis Hammon & Co., CPA's for a Total First Year Contract Cost not to Exceed $32,910 h. Adopt Plans and Specifications No. 09-11 for the Replacement of 120 Electric Utility Poles and Approve Advertisement for Bids i. Update Report on Local Emergency Declaration Regarding Drought and Water Shortage Status j. Award the Purchase of 600 Tons of Fractured 3/4" Minus Aggregate to S-Bar-S Quarry in the Amount of $12,294.00 k. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well 1. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Gobbi Street Water Well Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 6:14:46 PM None. 9. PUBLIC HEARINGS (6:15 PM) 6:15:04 PM a. Review and Action on Skate Park Site Development Permit - Low Gap Park Site Director of Planning and Community Development Stump and Project and Grant Administrator Mills presented the item and provided a Memorandum addressing nuisance and vandalism. Recommended Action(s): 1. Conduct a public hearing; 2. Consider the Planning Commission's recommendation to approve the Mitigated Negative Declaration and Site Development Permit; and 3. Approve the Mitigated Negative Declaration and Site Development Permit based on the findings and subject to the conditions of approval listed on pages 2-5 of this Agenda Summary Report. Public Hearing Opened 6:22 pm Public Speaking in support of the item: Mo Mulheren, Skate Park Committee; Linda Sanders; Janna Ostoyce; and Kjell Akerstrom. Public Hearing Closed 6:29 pm M/S Crane/Landis to approve the mitigated Negative Declaration and Site Development Permit based on the findings and subject to the conditions of approval listed on pages 2-5 of the 6/17/09 Agenda Summary Report and listed memorandum dated 6/17/09. Motion carried by the following roll call vote: CC 6/17/09 Page 2 of 6 AYES: Councilmembers Landis, Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 6:29:38 PM 10. UNFINISHED BUSINESS a. Status Report Regarding Mendocino County's Analysis of Potential Impacts Resulting from the Mendocino Crossings Masonite Specific Plan 6:33:20 PM Director of Planning and Community Development Stump presented the item. Recommended Action: Receive Report. Public Comment Opened 6:35 pm Public Speaking to the item: John Graff, citizen. Public Comment Closed 6:37 pm By Consensus, City Council received the report. b. City Council to Discuss Support of A131 121 and Provide Direction to Staff Recommended Action: Discuss and provide direction to staff. 6:38:09 PM Public Comment Opened 6:40 pm Public Speaking to the item: Don Rowe. Public Comment Closed 6:44 pm MIS Landis/Thomas to continue the item to a meeting in July when Councilmember Rodin is present. Motion carried by an all AYE voice vote of the members present. C. Consideration and Discussion of Mandatory Water Conservation Measures to be Required of all City of Ukiah Water Users 6:43:20 PM City Manager Chambers and Director of Public Works and City Engineer Eriksen presented the item. Recommended Action: Consideration and Possible Adoption of Mandatory Water Conservation Measures. Public Comment Opened 6:57 pm Public Speaking to the item: Linda Sanders. Public Comment Closed 6:58 pm These mandatory restrictions should not result in loss of property or financial hardship on utility customers, but prohibit nonessential and unauthorized water use, including: 1. Use through any meter when the City has notified the customer in writing to repair a broken or defective plumbing, sprinkler, watering or irrigation system and the customer has failed to effect such repairs within five days. 2. Use of water which results in flooding or runoff in gutters or streets (The City encourages the use of commercial car wash facilities). 3. Use of water through a hose for washing cars, buses, boats, trailers or other vehicles in the public right of way or any other location that creates runoff in gutter or streets. CC 6/17/09 Page 3 of 6 4. Use of water through a hose for washing buildings, structures, sidewalks, walkways, driveways, patios, parking lots, tennis courts, or other hard- surfaced areas that creates runoff in gutter or streets. 5. Service of water by any restaurant except upon the request of a patron. 6. Use of water to flush hydrants, except where required for public health or safety. 7. Use for more than minimal landscaping in connection with new construction. Enforcement of these mandatory restrictions would be progressive and could include: 1. Educational letter or visit. 2. Educational visit and warning. 3. Installation of flow restrictor. 4. Shutoff and reconnection fee. M/S Crane/Thomas to approve 7 mandatory water conservation measures with 4 enforcement measures starting July 1, 2009. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 11. NEW BUSINESS a. Award of Contract for Oak Manor Tennis Courts Resurfacing, Specification No. 08-08 7:06:13 PM Director of Public Works and City Engineer Eriksen and Director of Community and General Services Sangiacomo presented the item and provided a memorandum containing the bid tabulation. Recommended Action: Award contract for Oak Manor Tennis Courts Resurfacing, Specification No. 08-08, to the lowest responsive, responsible bidder based on bids submitted on June 16, 2009. Public Comment Opened 7:10 pm 7:10:39 PM Public Speaking to the item: John Graff, citizen. Public Comment Closed 7:12 pm 7:12:06 PM M/S Landis/Thomas to approve the award of contract for Oak Manor Tennis Courts Resurfacing, Specification No. 08-08, to the lowest bidder, Siri Grading & Paving. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. b. MCOG Joint Powers Agreement (JPA) Amendment 7:14:02 PM City Manager Chambers and Director of Electric Utility Grandi presented the item. Recommended Action: Council discuss Mendocino Council of Governments' (MCOG) request and provide direction to city staff for further review and analysis of the proposal. Public Comment Opened 7:17 p Public Speaking to the item: Tony Orth, Renewable Energy and the Mendocino Activists for a Dependable Economy (REMADE). Public Comment Closed 7:26 pm CC 6/17/09 Page 4 of 6 M/S Landis/Thomas to continue the item and directed staff to investigate the implications of the JPA. Motion carried by an all AYE voice vote of the members present. Recessed as City Council and convened as Ukiah Redevelopment Agency at 7:27 pm. Reconvened as City Council at 9:03 p. City Attorney Rapport, Director of Community and General Services Sangiacomo, and Project and Grant Administrator Mills presented the item. Recommended Action(s): 1) Approve the Assignment and Assumption Agreement with RBP and FYHRCO, 2) Approve the Purchase Agreement with Legacy Four-Ukiah, and 3) Authorize the City Manager to execute all of the necessary agreements and purchase documents M/S Crane/Landis to approve the Recommended Actions 1, 2, and 3. Public Comment Opened 9:05 pm Public Speaking to the item: Jim Mulheren. Public Comment Closed 9:06 pm Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. d. Urgency Item. A Resolution Authorizing the city Attorney to Cooperate with the League of California Cities, other Cities and Counties in Litigation Challenging the Constitutionality of Any Seizure by State Government of the City's Street Maintenance Funds 9:12:19 PM MIS Crane/Thomas to adopt the Resolution. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 12. COUNCIL REPORTS Councilmember Landis requested the biomass feasibility in Mendocino County effort be added to a future Ukiah Redevelopment Agency agenda. 9:12:51 PM Landis reported the Low Gap Park trail is looking nice. 9:17:38 PM Councilmember Thomas reported on a project that the Economic Development & Financing Economic Development Corporation (EDFC) is working on and that Economic Development Manager Moller has been involved with the process. 9:15:31 PM Mayor Baldwin reported that he will have a written report at a future meeting regarding a fact finding trip he recently went on. 9:16:47 PM CC 6/17/09 Page 5 of 6 13. CITY MANAGER/CITY CLERIC REPORTS None. Adjourned to closed session concurrent with the closed session for Ukiah Redevelopment Agency at 9:18 pm. 14. CLOSED SESSION - Closed Session may be held at any time during the meeting a. Conference with Real Property Negotiators 54956.8); Property: APN 002-281-15-00, 002-281-29-00, 002-281-02-00, 002-281-03-00, and 002-281-04-00 Negotiator: Jane Chambers, Executive Director Negotiating Parties: City of Ukiah and Hardy Schmidbauer Reconvened in Open Session with no reportable action at 10:00 pm. 15. ADJOURNMENT There being no further business, the meeting adjourned at 10:00 pm. J Anne M. Currie, Deputy City Clerk CC 6/17/09 Page 6 of 6