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HomeMy WebLinkAboutMin 10-04-06 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting Minutes CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 4, 2006 6:00 p.m. The Ukiah City Council met at a Regular Meeting on October 6, 2006, the notice for which being legally noticed on September 29, 2006. Mayor Ashiku called the meeting to order at 6:04 pm. Roll was taken with the following Councilmembers present: Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. Staff present: City Manager Horsley, Tim Ericksen, Director of Public Works, City Attorney Rapport and City Clerk Petersen PLEDGE OF ALLEGIANCE lead by City Manager Horsley PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation Recognizing the Month of October as the 25th Anniversary of the National Women's Political Caucus (NWPC) - Mendocino 6:06:50 PM Councilmember Rodin read the Proclamation and expressed her appreciation of the National Women's Political Caucus' achievements. PETITIONS AND COMMUNICATIONS APPROVAL OF MINUTES6:]0:32 PM a. Regular Meeting Minutes of September 6, 2006 MIS McCowen/Baldwin to approve the Minutes of September 6, 2006 by an all AYE voice vote. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations.(~: ! ] :42 PM MIS Crane/Rodin to approve the Consent Calendar. a. Rejection of Claim for Damages Received from Elizabeth K Strong and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund b. Notification of Emergency Purchase from Polydyne Inc. of 9200 Pounds of Liquid Polymer at the Unit Price of $0.51 Per Pound for the Total Amount of $5,032.17 c. Notification of Award of Bid for the Purchase of Three Whelen Liberty Series Light Bars from Lehr Auto Electric in the Amount of $5,172.00 d. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emergency e. Rejection of Claim for Damages Received from Tim Abbott and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund f. Award of Bid to Arrow Fencing to Replace Fencing at the Water Treatment Plant that was Damaged January 1, 2006 in an Amount Not To Exceed $10,500.00 g. Notification of the Purchase and Installation of One Automatic Gate Controller from Arrow Fencing in the Amount of $7,950.00 h. Notification to Council of the Expenditure of $7,084.56 to LN Curtis & Son's for the Purchase of OSHA Required Firefighter Protective Clothing i. Notification of Award of Bid for the Purchase of Three Motorola Spectra EXTL5000 Radios from Motorola Inc., in the Amount of $8,572.59 j. Award of Bid for Purchase of a 2007 Single Bucket Lift Truck/Aerial Device for the City of Ukiah Electric Department to Altec Industries, Inc. in the Amount of $82,913.63 (plus 2.5% CMAS Surcharge) Motion carried by the following roll call vote: AYES: Councilmember Crane, McCowen, Rodin, Baldwin andMayorAshiku; NOES: None; ABSTAIN: None: ABSENT: None AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. No comment by the public. 6:12:58 PM PUBLIC HEARINGS (6:15 PM) 6:13:59 PM a. Adoption of FindinRs and Final Action on Hull/Piffero Use Permit Application - continued from September 20~ 2006 City Attorney Rapport reviewed the documentation submitted at the September 20, 2006 meeting regarding Government Code Section (GCS) 434.5, stating that this item had been continued for further analysis of the impact that GCS 434.5 has on the Councils' authority to limit the height of the flag pole on the Hull property, as the pole had been erected to display the American flag. He further stated that, in his opinion, GCS 434.5 does prohibit the City from restricting the height of a flag pole used to display the American flag, if the height restriction is imposed solely to promote aesthetic considerations. Responding to questions brought forward by the Councilmembers, Attorney Rapport stated that nothing in GCS 434.5 prevents the City from imposing reasonable restrictions as to the time, place and manner of placement or display of a Flag of the United States when necessary for the preservation of the public's health, safety or order, however; the City may not impose any of these restrictions solely to promote aesthetic considerations. Public Comment Opened 6:30:38 PM Public speaking in opposition of approval of the permit Steve Scalmanini Public speaking in favor of approval of the permit Kevin Orr and Dave Hull Public Comment Closed 6:40:52 PM Discussion ensued with Councilmembers Rodin and Baldwin stating their opposition to the approval of the Use Permit. Councilmember Rodin stated that the request to approve the use permit must be denied in order to preserve public order. Referring to Government Code Section 434.5 "..nothing in this subdivision should be construed to prevent a city...from imposing reasonable restrictions as to the time, place and manner of placement or display of a Flag of the United States when necessary for the preservation of the public's health, safety or order..". The only way for the City to maintain order in its planning and development is by imposing reasonable limits on the height of structures. Councilmember Crane stated that based on current information provided by the City Attorney, he feels the applicants are within their rights. 2 10. 11. Councilmember Crane referred to the motion made on August 2, 2006, "Motion revised by Councilmember McCowen and accepted by Councilmember Crane, to approve the use permit subject to a height of 32.5 feet above the grade" and suggested it be amended to Approve the Use Permit~ making the finding "that the height limitation in this particular situation is solely concerned with aesthetics and for this reason, Government Code Section 434,,~ requires approval. The amendment to the motion was accepted by Councilmember McCowen. MIS Crane/McCowen to approve the Use Permit, making the finding "that the height limitation is this particular situation is solely concerned with esthetics and for this reason, Government Code Section 434.5 requires approval". Motion carried by the following roll call vote: AYES: Crane, McCowen and Mayor Ashiku; NOES: Councilmember Rodin and Baldwin; ABSTAIN: None; ABSENT: None UNFINISHED BUSINESS a. Consider Changes to Ordinance Amending Ukiah City Code Sections 1521 and 1522, Regarding Procurement, Prior to Adoption at Next Meeting - continued from September 20, 2006 7:20:44 PM Recess from 7:21:20 PM to 7:30:16 PM With consensus of the Councilmembers to approve the changes to the Ordinance Amending Ukiah City Code 1521 and 1522 Regarding Procurement, the matter will be brought before the Council for adoption as a Consent Calendar item, on October 18, 2006. NEW BUSINESS a. Award of Contract for CMU Block Wall - '182 E. Gobbi, 7:33:15 PM Tim Eriksen, Director of Public Works recommended Council's approval to award the bid received for this project, to Ferranti Construction Inc. in the amount of $37,361.00. Director Eriksen additionally stated that the Engineer's estimate for this project was $16,735. The difference in funding will come from the FEMA Storm claim account. MIS Crane/Baldwin to award the contract for CMU Block wall, 182 E. Gobbi, Specification No. 06- 13, to Ferranti Construction Inc. Motion carried by an all AYE voice vote. b. Award of Contract for Mendocino Drive Storm Drain Replacement~ Specification No. 06- Tim Eriksen, Director of Public Works stated four bids had been received and recommended Council's approval to award the bid to the lowest bidder, Paulson Excavating Inc., in the amount of $49,804.00. MIS McCowen/Crane to award the contract for Mendocino Drive Storm Drain Replacement, Specification No. 06-12, to Paulson Excavating. Motion carried by an all AYE voice vote. c. Discussion on Establishment of a Fire Equipment Sub-Committe~. City Manager Horsley requested two Councilmembers be selected to meet with the Interim Fire Chief and herself. The Fire Equpment Sub-Committee will be comprised of Councilmember Crane and Mayor Ashiku. Councilmember McCowen to act as an alternate for Mayor Ashiku. d. Authorize Mayor to Send Letter Supporting Adoption of Proposed Fair Political Practices Commission Regulation for Small Cities The consensus was to authorize Mayor Ashiku to send the letter supporting the adoption of the Proposed Fair Political Practices Commission Regulation for small cities. 12. COUNCIL REPORTS Councilmember Crane reported having attended the annual Northern California Power Association's Annual Conference in Napa last week reviewing several topics that were discussed, including AB 2021. He also suggested consideration of linking the California Enegry web site to the City of Ukiah's web site. Councilmember Rodin stated that the Economic Development Agency has committed to fund a Feasibility Study on the proposed slaughter house. She advised that she is participating in a year- long Leadership Institute, which conflicts with her attendance at the Main Street Board meetings. Upon consensus of the Council, Councilmember McCowen to act as an alternate. Councilmember Baldwin discussed water issues including a recent meeting with the Army Corps of Engineers where it was unclear whether expansion of the spillway at Coyote Dam would be completely funded by the Corps. He additionally asked if the City has a storm preparation or response plan. City Mananager Horsley stated that City Directors and first line supervisors will be attending a training regarding preparation and response on October 10~ 2006. 13. CITY MANAGER/CITY CLERK REPORT~ No report 14. CLOSED SESSION None 15. ADJOURNMENT as the Redevelopment Agency at 8:03 P.M. Thers being no further business, the meeting of the Ukiah City Council was adjourned at 8:10 PM G~ail Petersen, City Clerk