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HomeMy WebLinkAbout2010-09-15 CC MinutesCITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 9/15/2010 1. ROLL CALL Ukiah City Council met at a Regular Meeting on September 15, 2010, the notice for which being legally noticed on September 10, 2010. Mayor Thomas called the meeting to order at 6:00 pm. Roll was taken with the following Councilmembers present: Landis, Crane, Rodin, Baldwin (arriving 6:10 pm), and Mayor Thomas. Councilmembers absent: None. Staff present: City Manager Chambers, Assistant City Manager Sangiacomo, City Attorney Rapport, Director of Public Safety Dewey, Director of Public Works and City Engineer Eriksen, Electric Utility Director Grandi, and City Clerk Currie. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES 6. RIGHT TO APPEAL DECISION Mayor Thomas left Dias. Vice Mayor Rodin presided over the meeting at 6:05 pm. 7. CONSENT CALENDAR a. Report of Disbursements for Month of August 2010 b. Report to Council of the Expenditure of $8,716.61 to General Pacific, Inc. for the Purchase of 4500 Feet of #2 STR Aluminum Conductor for Inventory Stock for the Electric Utility Department C. Report Purchase to the City Council Regarding the Purchase of Replacement Battery Packs from APC Sales & Service in the Amount of $5647.58 d. Update Report on Local Emergency Declaration Regarding Drought and Water Shortage Status e. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well f. Report to the City Council Regarding the Purchase of A Firewall and Web Filtering Appliance and Three Year Service Contract from Celestix in the Amount of $5,144.06 Mayor Thomas returned and reassumed the gavel. Page 1 of 6 9/15/2010 M/S Landis/Rodin to Approve Items 7a-7f. Motion carried by the following roll call votes: AYES: Landis, Crane, Rodin, and Mayor Thomas. NOES: None. ABSENT: Baldwin. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 9. PUBLIC HEARINGS (6:15 PM) 10. UNFINISHED BUSINESS a. Direct City Attorney to Prepare a Mobile Home Park Rent Stabilization Ordinance in Accordance With Terms Submitted By Ad/Hoc Committee Members Mayor Thomas and Council Member Baldwin Mayor Thomas and Councilmember Baldwin presented the item. Recommended Action(s): Direct the City Attorney to draft a mobile home park rent stabilization ordinance in accordance with the terms outlined in Attachment #1 of the staff report. Councilmember Baldwin arrived 6:10 pm. Public Comment Opened Speaking in support of the item: Robert Fleak, supports Santa Rosa Ordinance and is not in support of Modesto ordinance; Glen Carlson, commissioner of Rohnert Park, and supports the Santa Rosa Ordinance; Bart Clark, Manor Oaks resident, is not interested in lease unless it is on a per tenant basis; Jon Burton, Rancho Del Ray, supports the Santa Rosa Ordinance; Jesse Martin, Manor Oaks, supports the Santa Rosa ordinance; Bob Jones, Manor Oaks, supports the Santa Rosa Ordinance not lease; Lynn Sullivan, Manor Oaks, supports ordinance not lease; JR Rose, Senior Advocate, supports Santa Rosa Ordinance; Al McQuiry; Lisa Hilleges, Managing Attorney of Legal Services of Northern CA, supports the Santa Rosa Ordinance, not lease option; Steve Moore, retired Marine; and Gina Scott, Manor Oaks. Speaking in opposition to the item: Dick Seltzer; Ross Liberty; and Judy Hatch, Owner Shady Grove, not in support of ordinance or long term lease and her tenants are not in support of an ordinance or lease. Public Comment Closed M/S Baldwin/None to approve directing City Attorney to draft an ordinance based on the Santa Rosa Rent Stabilization Ordinance including the recommendations listed in attachment 1 of the staff report and direct the Director of Planning to work with city attorney on the findings section of the ordinance. Motion Failed. M/S Baldwin/Rodin to approve directing the City Attorney and Director of Planning to draft an ordinance based on the elements of the Santa Rosa Ordinance and the recommendations listed on attachment #1 of the staff report. Public Comment Reopened Public speaking to the item: Bart Clark; Jon Burton; Glen Carlson; Robert Fleak; Jasper Osfield, Harold Square; Sunny Beaufeeco, Manor Oaks; Al McQuiry; David Vilner; Bob Jones; Judy Hatch; Lynn Sullivan; and Willard Carlstadt, Manor Oaks. Page 2 of 6 9/15/2010 Public Comment Closed Motion carried by the following roll call votes: AYES: Landis, Rodin, Baldwin, and Mayor Thomas. NOES: Crane. ABSENT: None. ABSTAIN: None Recessed and Reconvened b. Award of Contract to J.F. Pacific Liners, Inc. in the Amount of $545,576.50 for Manhole Rehabilitation & Sewer Pipe Relining 2010, Specification No. 10- 11 and Approve Budget Amendment Director of Public Works/City Engineer Eriksen presented the item noting a change to the staff report; the Ukiah Valley Sanitation District (UVSD) does want to participate and will pay their portion. UVSD will perform their own inspections and will share their portion of costs with the City using the agreed upon formula. UVSD is asking City Council to approve the amendments. Recommended Action(s): award contract to J.F. Pacific Liners, Inc. in the amount of $698,232.50 for Manhole Rehabilitation Sewer Pipe Relining 2010, Specification No. 10-11 and additive bid items; authorize $69,823.25 for approved change orders; and approve the budget amendment. M/S Crane/Landis to approve Recommended Actions. Motion carried by the following roll call votes: AYES: Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. C. Approve Amendment to FY 2010/2011 Budget and Authorize the City Manager to Sign Final Payment Agreement for Ukiah Wastewater Treatment Plant Improvement Project - Specification 06-20 Director of Public Works / City Engineer Eriksen presented the item. Recommended Action(s): 1) Approve an amendment of the FY 2010/2011 Budget to include $765,687 for payment to Kiewit. 2) Authorize the City Manager to sign final payment agreement. 3) Direct staff to obtain signature of Kiewit Pacific Construction for release prior to releasing final payment. 4) Direct staff to make the final payment to Kiewit Pacific Construction in the amount of$1,776,128.25 M/S Rodin/Baldwin to approve Recommended Actions. Motion carried by the following roll call votes: AYES: Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. d. Approve Amendment #2 to Professional Services Agreement with Harris & Associates for Construction Management Services for the City of Ukiah Wastewater Treatment Plant Improvement Project for an Amount Not to Exceed $46,000 and Budget Amendment for Amendment #1 and #2 Director of Public Works / City Engineer Eriksen presented the item. Recommended Action(s): 1) Direct staff to process contract amendment 2 with Harris and Associates in the amount of $46,050. 2) Direct staff to process a budget amendment in the amount of $46,050. 3) Direct staff to process a budget Page 3 of 6 9/15/2010 amendment in the amount of $82,000 for amendment 1 as approved on the meeting of June 6, 2010. M/S Crane/Landis to approve Recommended Actions. Motion carried by the following roll call votes: AYES: Landis, Crane, Rodin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: Baldwin. e. Appointment to the Parks, Recreation, and Golf Commission and Adoption of Resolution Making the Appointment Assistant City Manager Sangiacomo presented the item. Recommended Action(s): Waive interview for the one PRGC applicant; make nomination and appointment; and adopt a resolution making the appointment to the PRGC. M/S Landis/Baldwin to approve Recommended Actions. Motion carried by the following roll call votes: AYES: Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. f. Presentation and Discussion of the Electric Utility's Public Benefits Program for Energy Conservation and Customer Assistance (EUD) Electric Utility Director Grandi presented the item. Recommended Action(s): Presentation and discussion of the Electric Utility's Public Benefits Program, Energy Conservation and Customer Assistance Programs. Item will come back to City Council with a program funding increase to approximately $400,000 and information on expanding the customer income guideline. Adjourned to Ukiah Redevelopment Agency at 9:10 pm Reconvened 10:22 pm 10. UNFINISHED BUSINESS g. Authorize the City Manager to Represent the City of Ukiah in Connection With Administrative Civil Liability Complaint No. R1-2010-0070 as Issued by the California Regional Water Quality Control Board Director of Public Works/City Engineer Eriksen presented the item. Recommended Action(s): 1) Authorize the City Manager to represent the City of Ukiah in connection with Administrative Civil Liability Complaint No. R1-2010-0070 as issued by the California Regional Water Quality Control Board. 2) Support option 4 listed in the staff report to waive the hearing requirement with the State Board and submit a proposed supplemental environmental project. M/S Crane/Landis to approve Recommended Actions 1 and 2. Staff to report back to City Council regarding what violations staff could not mitigate and what actions will be taken to address the situation. Page 4 of 6 9/15/2010 Motion carried by the following roll call votes: AYES: Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None h. Award Professional Services Agreement for Construction Management, Inspection, and Testing Services for the South Dora Street Rehabilitation Project Specification No. 10-01 Director of Public Works/City Engineer Eriksen presented the item. Recommended Action(s): Approve budget amendment and fund transfers and award the professional services agreement to Green Valley Consulting Engineers for construction management, inspection, and testing services for $110,585 (with additional designation for funding in the amount of $11,059 for authorized contract amendments) for the South Dora Street Rehabilitation Project, Specification No. 10- 01. M/S Crane/Rodin to approve Recommended Actions. Motion carried by the following roll call votes: AYES: Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None 11. NEW BUSINESS a. Response to the Grand Jury: Lobbies, Lawsuits & Legislation: A Report on the Russian River Watershed Director of Public Works/City Engineer Eriksen presented the item. Recommended Action(s): receive the findings and recommendations responses and approve the submission of these materials to the Grand Jury, with authorization of the Mayor to sign the response form on behalf of the City Council. MIS Rodin/Baldwin to approve Recommended Actions. Motion carried by an All AYE unanimous voice vote. b. Consideration of a New Agreement for Automatic Fire Aid between Cal Fire Mendocino Unit and the City of Ukiah Director of Public Safety Dewey presented the item. Recommended Action(s): Authorize the Director of Public Safety to enter into a new Auto Aid Agreement with CAL FIRE. M/S Crane/Baldwin to approve Recommended Action. Motion carried by an All AYE unanimous voice vote. 12. COUNCIL REPORTS Councilmember Rodin reported the public advisory group for the courthouse met on 12- 14-10 to review the site ranking criteria. Two downtown sites ranked high. The Administrative Office of the Courts is taking the two downtown sites to the next step, which is the Public Works Board. The advisory group will issue a press release. Page 5 of 6 9/15/2010 Councilmember Landis reported on the chili cook off in which she and the Mayor participated. Landis is starting to work with the EDFC and Community Foundation to find out why broadband access is not available in this community. Mayor Thomas will be leaving for San Diego to attend a League of California Cities Conference. 13. CITY MANAGER/CITY CLERK REPORTS City Manager Chambers reported the bomber from the Ukiah Airport assisted San Bruno with the gas line fire and was instrumental in that effort. Adjourned to closed session at 10:38 pm. 14. CLOSED SESSION - Closed Session may be held at any time during the meeting a. Conference with Legal Counsel - Anticipated Litigation Government Code Section 54956.9(b)(1) - Significant exposure to litigation (1 case) b. Conference with Labor Negotiator 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Miscellaneous Unit and Management Unit C. Conference with Real Property Negotiators (§54956.8) Property: APN 180-080-57, 58, 59, 62, 63, 64, 65, 66, 67, and 180-110-08, 09, 10 Negotiator: Jane Chambers, Executive Director Negotiating Parties: Ukiah Redevelopment Agency and Northwest Atlantic (Costco) Under Negotiation: Price & Terms d. Conference with Real Property Negotiators (§54956.8) Property: APN 002-232-12, 13 and 002-282-18 and 19 APN 002-232-09, 10, 11 Negotiator: Jane Chambers, Executive Director Negotiating Parties: Ukiah Redevelopment Agency, City of Ukiah, North Coast Railroad Authority, Weston Solutions Inc, and Administrative Office of the Courts Under Negotiation: Price and Terms e. Conference with Real Property Negotiators (§54956.8) Property: APN 002-192-01, 02, 03, 11, 14 and 18 Negotiator: Jane Chambers, Executive Director Negotiating Parties: Ukiah Redevelopment Agency, City of Ukiah, and Administrative Office of the Courts Under Negotiation: Price and Terms Reconvened in Open Session at 10:50 pm with no reportable action. 15. ADJOURNMENT There being no further business, the meeting adjourned at 10:50 pm. L M&A6"a-a- Anne M. Currie, City Clerk Page 6 of 6 9/15/2010