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HomeMy WebLinkAboutMin 11-18-09ROLL CALL Ukiah City Council met at a Regular Meeting on November 18, 2009, the notice for which being legally noticed on November 13, 2009. Mayor Baldwin called the meeting to order at 6:00 pm. Roll was taken with the following Councilmembers present: Landis, Thomas, Crane, Rodin (arriving 6:20pm), and Mayor Baldwin. Councilmembers absent: None. Staff present: City Manager Chambers, Assistant City Manager Sangiacomo, City Attorney Rapport, Director of Public Works/City Engineer Eriksen, Deputy Director of Public Works-Engineering and Streets Division Seanor, Director of Planning and Community Development Stump, Senior Planner Jordan, Community Services Supervisor Merz, Project and Grant Administrator Mills, and City Clerk Currie. Airport Manager Owen brought forth an Urgency Item, storm drain rehabilitation emergency change order number three, to the City Council for consideration to be added to the agenda. /S Crane/Thomas finding that an urgency situation exists constituting an emergency requiring immediate action that arose after the preparation and posting of the agenda and to add to the agenda the Urgency Item, Approve Storm Drain Rehabilitation Emergency Change Order #3 to the agenda. Motion carried by the following roll call vote: AYES: Councilmembers Landis Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 6:02:38 PM M/S Crane/Landis to approve the Regular Minutes of November 4, 2009 as submitted. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 6:03:11 PM 6. RIGHT TO APPEAL DECISION CC 11/18/09 Page 1 of 5 7. CONSENT CALENDAR MIS Landis/Crane to approve the Consent Calendar items 7a-7h: 6:04:08 PM a. Report of Disbursements for Month of October 2009 b. Assignment of Brian Brodoski's Airport Lease with the City of Ukiah to His Widow Lori Brodoski C. Disposition of City of Ukiah City Council Training Budget Funds d. Adoption of Ordinance Amending City Code Section 3962, Subsection B.2, Regulating How Multi-Unit Properties with Submeters Charge Tenants for Sewer Service to A Master Meter Serving Those Facilities e. Approval of Notice of Completion for Gobbi Street Well, Specification No. 09-06 f. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well g. Authorize the Purchase of Two Padmounted VFI Switchgear Needed for the Airport Business Park Electric System Reliability Improvement Project from HD Supply Utilities in Portland, Oregon in the Amount of $51,686.70 h. Update Report on Local Emergency Declaration Regarding Drought and Water Shortage Status 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 None. 10. UNFINISHED BUSINESS b. Adoption of Resolution in Support of the Ukiah Northwestern Pacific Rail Trail Phase 1 and Commitment to Provide Local Matching Funds Director of Public Works/City Engineer Eriksen and Deputy Director of Public Works-Engineering and Streets Division Seanor presented the item. Recommended Action(s): Adopt resolution in support of the Rail Trail and commitment to provide local matching funds. M/S Landis/Thomas to approve the Recommend Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 9. PUBLIC HEARINGS (6:15 P) 6:14:52 PM a. Consideration and Action on Appeal Filed By Dwight Ashdown on Behalf of the Grocery Outlet of the Planning Commission's Conditional Approval of the Site Development Permit for Exterior Building and Site Modifications Director of Planning and Community Development Stump and Senior Planner Jordan presented the item. Recommended Action(s): 1) Conduct a public hearing and 2) Support the Planning Commission's action and deny the appeal. Public Hearing Opened 6:20 pm Public SDeakina not in support of the Plannina Commission's action: 6:21:01 PM Patrick Lynch, Owner/Manager of the Grocery Outlet; 6:24:13 PM Lee Kraemer; 6:27:19 PM Jean Harmon; 6:29:33 PM Dwight Ashdown, Ashdown Architecture & Design, Inc.; and J.R. Rose. Public Hearing Closed 6:32 pm CC 11/18/09 Page 2 of 5 MIS Landis/Rodin to uphold the appeal with modifications to the Planning Commission site development findings by removing finding 2b on page 7 of the September 24, 2009, Planning Commission minutes and adding further description to the landscaping to be provided that the trees to be planted are mature, 15 gallon or larger in alternate locations, 50% on the south side and 50% on the north side, and the details of placement and variety be worked out between staff and applicant. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 6:49:42 PM 10. UNFINISHED BUSINESS a. Discussion of Mobile Home Park Survey Information and Possible Direction to Staff 6:53:02 PM Director of Planning and Community Development Stump and Senior Planner Jordan presented the item. Recommended Action(s): Discuss the mobile home park survey information and provide direction to Staff. Public Comment Opened 7:02 pm Public Speaking to the item: J.R. Rose, seniors' advocate; 7:06:02 PM Catherine Shatmyer; 7:08:08 PM David Vilner; 7:14:54 PM Deon Shorty; 7:18:18 PM Lisa Hillegas; Judy Hatch, Shady Grove Mobile Home Park; and 7:29:28 PM Jean Harmon. Public Comment Closed 7:34 pm By Consensus, City Council directed Mayor Baldwin and Councilmember Thomas, Ad Hoc, to continue working on conciliation and a proposal for a specific ordinance and bring back to Council tentatively in 2.5 months. No staff work needed. 7:58:35 PM Recessed 8:01 pm Reconvened 8:09 pm c. Adoption of Resolution of Intention and First Reading of Ordinance to Approve an Amendment to Miscellaneous & Public Safety PERS Contracts to Include Two Years Additional Service Credit Government Code Section 20903 8:09:55 PM Human Resources Director Harris presented the item. Recommended Action(s): 1. Adopt the Resolution of Intention to Approve an Amendment to the PERS Contracts providing Two Years Additional Service Credit - Government Code Section 20903; 2. Read by title only the Ordinance approving the amendment to the PERS Miscellaneous and Public Safety PERS Contracts; and 3. Authorize Mayor to sign Certification of Compliance with Government Code Section 20903 MIS Crane/Landis to introduce the Ordinance by Title Only. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. City Clerk Currie read the ordinance title. /S Crane/Rodin to introduce the Ordinance approving the amendment to the PERS Miscellaneous and Public Safety PERS Contracts and approve the CC 11/18/09 Page 3 of 5 Recommended Actions. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 11. NEW BUSINESS a. Award of Contract for -Ukiah Civic Center Roof Renovation Project, Specification No. 09-15 8:21:18 PM Assistant City Manager Sangiacomo presented the item. Recommended Action(s): 1. Award the contract for Spec. 09-15, Ukiah Civic Center Roof Renovation Project, to R & C Construction in the amount of $133,056.00, waiving their failure to comply with the instructions of Addendum #1; OR; 2. Disqualify the low bidder, R & C Construction, due to not following the instructions of Addendum #1, and award the contract for Spec. 09-15, Ukiah Civic Center Roof Renovation Project, to the next lowest bidder, RE West Builders, Inc., in the amount of $162,075.91; and 3. Reject all bids and provide staff with other direction. M/S Crane/Landis to approve the Recommend Action number 1. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. b. Authorize the City Manager to Negotiate and Execute a Contract with Alameida Architecture for Professional Design and Construction Management Services for the Renovation of the Ukiah Municipal Swimming Pools City Manager Chambers, Project and Grant Administrator Mills, and Assistant City Manager Sangiacomo presented the item. Recommended Action(s): Authorize the City Manager to negotiate and execute a contract with Alameida Architecture for Professional Design and Construction Management for the renovation of the Ukiah Municipal Pools. MIS Crane/Landis to approve the Recommend Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. C. Approve Storm Drain Rehabilitation Emergency Change Order #3. Airport Manager Owen presented the item. Recommended Action(s): Approve Strom Drain Rehabilitation Emergency Change order # 3 M/S Crane/Thomas to approve the Recommend Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 12. COUNCIL REPORTS Councilmember Thomas, Sun House Guild ex-officio liaison, reported that the Guild has expressed having some issues with the actions taken by the City Council at the last City Council meeting. A meeting has been scheduled between the Guild and endowment fund and City Manager Chambers; Councilmember Thomas plans to attend. 8:44:19 PM Councilmember Rodin announced a first time homebuyer and foreclosure forum this Saturday at Lakeport and one will be held in Ukiah. 8:45:29 PM CC 11/18/09 Page 4 of 5 13. CITY MANAGER/CITY CLERIC REPORTS City Manager Chambers requested a meeting with Councilmembers Landis and Crane, Director of Planning and Community Development Stump and Director of Public Works/City Engineer Eriksen to discuss planning and development. 8:46:18 PM Director of Public Works/City Engineer Eriksen reported on a large sewer overflow on Laws Avenue happening currently. 8:48:50 PSI Adjourned to closed session at 8:51 pm. 14. CLOSED SESSION - Closed Session may be held at any time during the meeting a. Conference with Labor Negotiators (§54956.8) Agency Representative: Jane Chambers, City Manager Employee Organizations: Department Head Unit, Management Unit, Miscellaneous Unit, Electric Unit, Police Unit, Fire Units b. Conference with Legal Counsel - Anticipated Litigation Government Code Section 54956.9(b)(1) - Significant exposure to litigation (1 case) C. Conference with Real Property Negotiators (§54956.8); Property: APN 002-255-02, 022-255-03, 001-181-05 and 001-050-11 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Ukiah Unified School Dist Under Negotiation: Price & Terms d. Conference with Real Property Negotiators (§54956.8) Property: APN 178-130-01, 178-210-01 Agency Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Solid Waste Systems, Inc. Under Negotiation: Price & Terms Reconvened in Open Session at 10:00 pm with no reportable action. 15. ADJOURNMENT There being no further business, the meeting adjourned at 10:00 pm. JoAnne M. Currie, City Clerk CC 11/18/09 Page 5 of 5