Corey Middleton, Mayor
Paul McCoy, Mayor Pro tempore
Colleen Baker, Councilmember
Drake Davis, Councilmember
Duane Kegg, Councilmember
Jason Ledbetter, City Manager
Rhetta Hogan, Asst. City Manager and Clerk
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
John Elsnab, Human Resources Director
Mark Gilman, Police Chief
Andrew Jared, City Attorney
Jerry Lemos, Fire Chief
Juliana Lucchesi, Community Dev. Director
YREKA CITY COUNCIL SPECIAL MEETING AGENDA
Thursday, August 17, 2023
Open Meeting – Special Hearing 5:00PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA 96097 Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.
The full agenda packet can be found on the City’s website at www.ci.yreka.ca.us/AgendaCenter. Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are available for public inspection 72 hours before each regularly scheduled meeting at the City Clerk’s office at City Hall, located at 701 4th St, Yreka, California during normal business hours. Any writing that is subject to disclosure that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at the City Clerk’s office during normal business hours.
Materials distributed to a majority of councilmembers less than 72 hours before a meeting will be available for public inspection on the City’s website at www.ci.yreka.ca.us/AgendaCenter.
1. 5:00PM CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
2. PUBLIC COMMENT:
Public participation is limited to those items listed on the agenda.
If your comments do not concern an item listed on this Agenda, please address the City Council at the next regular meeting.
The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks.
Join this meeting via Zoom:
Link: https://us02web.zoom.us/j/6194957056
Meeting ID# 619-495-7056
Members of the public may also remotely listen to and participate in the meeting via teleconference. If you wish to listen or participate in this meeting through teleconference, simply dial into the conference number below, and enter the meeting ID#.
Conference call in Number: 669-900-6833 (Toll-Free 888 788 0099) “RAISE YOUR HAND” to provide public comment for your desired item. Speakers will be asked to identify themselves.
• Online: If you are online, click on “raise hand” on the bottom of your screen. • Mobile App: In the mobile app, you can raise your hand by tapping the "Raise Hand" option in the "More" tab. • Telephone: If you are calling in via telephone, to raise your hand, dial *9 (star-nine). Speakers will be called on by the last four digits of their phone number. To unmute yourself dial *6 (star-six). 1 of 26
Councilmembers, when recognized by the Mayor, may ask questions of presenter but no action may be taken by the City Council during the public comment section of the meeting. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. • Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker.
• Please state your name for the record prior to providing your comments. • Please address the Council as a whole.
• If you have documents to present, please provide a minimum of seven (7) copies. These become a public record.
• Please limit your remarks to five (5) minutes.
• Since Council is unable to take action on issues not on the agenda, your matter may be referred to staff for follow up or be placed on a future agenda.
Public comment period is not intended to be a “Question and Answer” period or conversations with the Council or City staff.
3. PUBLIC HEARINGS:
Public Hearing Protocol:
i. Mayor will describe the purpose of the Public Hearing. ii. City Staff will provide the Staff Report.
iii. City Staff will respond to questions from the City Council. iv. Mayor will open the Public Hearing.
v. Public wanting to comment will come to the podium, provide the City Clerk with their name and address, and provide their comments.
vi. Mayor will close the Public Hearing.
vii. City Council will deliberate and act on the item.
Yreka Police Department
a. Title: Notice of Hearing for Appeal with City Council Appeal pursuant to July 13, 2023, administrative hearing with hearing officer, City Manager Jason Ledbetter, who determined it necessary to have your dog “Bear” humanely euthanized and owner is prohibited from owning or possessing any dog for a period of three years.
City Council Action: City Council may uphold the decision of City Manager Ledbetter, or make a different decision based on the information presented at the hearing.
4. NEW BUSINESS:
City Manager
a. Title: Award Construction Contract to Conflux Construction Inc. for the S. Foothill Drive Brownfield Site Cleanup Project in the Amount of $93,768.00 for the Base Bid, and to Execute Related Documents
On August 7, 2023, bids were opened for the S. Foothill Drive Brownfield Site Cleanup Project. This project involves removing approximately 390 cubic yards of contaminated soil from the site; loading, hauling, and disposing of the soil at an approved landfill; and sampling and testing to determine if additional soil must be removed from the site.
Recommended City Council Action: Motion to Adopt Resolution 2023-38 of the City Council of the City of Yreka Authorizing the City Manager to award a construction contract to Conflux 2 of 26
Recommended City Council Action: Motion to Adopt Resolution 2023-38 of the City Council of the City of Yreka Authorizing the City Manager to award a construction contract to Conflux Construction, Inc. for the S. Foothill Drive Brownfield Site Cleanup Project in the amount of $93,768.00 for the base bid, and to execute related documents.
5. ADJOURNMENT:
In compliance with the requirements of the Brown Act, notice of this meeting has been posted in a publicly accessible place, 24 hours in advance of the meeting.
Public Hearings: If you wish to challenge in court any of the matters on an agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. Any person seeking to challenge a City Council decision made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.”
"CHALLENGING DECISIONS OF CITY ENTITIES The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of Yreka is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing. If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Yreka, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies." The City of Yreka does not discriminate on the basis of race, color, national origin, religion, age, gender, sexual orientation, disability, or any other legally protected classes in employment or provision of services. In compliance with the Americans with Disabilities Act, those requiring accommodations for this meeting should notify the City Clerk prior to the meeting at (530) 841-2386 or by notifying the Clerk at [email protected].
AFFIDAVIT OF NOTIFICATION AND POSTING
STATE OF CALIFORNIA )
COUNTY OF SISKIYOU ) SS
CITY OF YREKA )
I, Rhetta Hogan, City Clerk for the City of Yreka, hereby declare under penalty of perjury that a copy of the above Agenda of the Regular Meeting of the City Council of the City of Yreka, California, was delivered and/or notice by email not less than 24 hours, before the hour of 5:00PM on July 17, 2023 to the members of the governing agency, and caused the agenda to be posted on the City’s website at www.ci.yreka.ca.us and posted at Yreka City Hall, 701 Fourth St., Yreka, California. 3 of 26
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CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Jason Ledbetter, City Manager
Prepared by: Cynthia Lynch, Municipal Projects Manager
Agenda title: Discussion/Possible Action: Adopt Resolution 2023-38 Authorizing the City Manager to Award a Construction Contract to Conflux Construction, Inc. for the S. Foothill Drive Brownfield Site Cleanup Project in the Amount of $93,768.00 for the Base Bid, and to Execute Related Documents Meeting date: September 17, 2023
Recommendation and Requested Action:
That Council adopt Resolution 2023-38 authorizing the City Manager to award a construction contract to Conflux Construction, Inc. for the S. Foothill Drive Brownfield Site Cleanup Project in the amount of $93,768.00 for the base bid, and to execute related documents.
Discussion:
On August 7, 2023, bids were opened for the S. Foothill Drive Brownfield Site Cleanup Project.
The results of the bid opening are as follows:
Name Location Total Base Bid
ERRG, Inc. Martinez, CA $121,489.33
Conflux Construction, Inc. Redding, CA $93,768.00
Northstate Earth and Water, Inc. Redding, CA $109,039.38 Preliminary Cost Estimate $110,000.00
This project involves removing approximately 390 cubic yards of contaminated soil from the site; loading, hauling, and disposing of the soil at an approved landfill; and sampling and testing to determine if additional soil must be removed from the site.
Bid analysis has verified that the low bidder is properly licensed and bonded, is a registered California corporation, has no federal exclusions and is not debarred from working on projects in California. The bid is responsive, and the bidder is responsible. The bid amount is reasonable, given the current costs of labor and materials and the contractor’s location.
It is recommended that the City Council approve the attached Resolution to authorize the City Manager and staff to move forward with the process of awarding a construction contract by executing various documents and the contract agreement for the construction of the project.
Fiscal Impact:
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The fiscal impact of awarding the $93,768.00 construction project is covered by the $125,000 budget appropriation for the project approved by Council in September 2021. 24 of 26
RESOLUTION NO. 2023-38
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA AUTHORIZING
THE CITY MANAGER TO AWARD A CONSTRUCTION CONTRACT TO CONFLUX CONSTRUCTION, INC. FOR THE S. FOOTHILL DRIVE BROWNFIELD SITE CLEANUP PROJECT IN THE AMOUNT OF $93,768.00 FOR THE BASE BID, AND TO
EXECUTE RELATED DOCUMENTS
WHEREAS, the City is a municipal corporation with the legal authority to enter into contracts and agreements in the State of California; and WHEREAS, the project was advertised for competitive bids on July 17 and 24, 2023, in accordance with the California Public Contract Code; and WHEREAS, bids were opened on August 7, 2023, and a satisfactory bid analysis and evaluation of the bidder who submitted a proposal has been completed. The bid analysis identified no irregularities in items that could cause disadvantage to another bidder within the meaning of the Public Contract Code; and
WHEREAS, the Public Contract Code requires the award of construction contracts to the lowest responsive bid from a responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yreka as follows:
Section 1. The City Council hereby finds and determines that the foregoing recitals are true and correct.
Section 2. The City Council hereby approves the Specifications for the S. Foothill Drive Brownfield Site Cleanup Project.
Section 3. The City Manager, or designee, and all other proper officers and officials of the City are hereby provisionally authorized, pending City Attorney approval, to award the work known as the S. Foothill Drive Brownfield Site Cleanup Project to Conflux Construction, Inc. of Redding, CA, who is the lowest responsive and responsible bidder for the Base Bid items in the amount of Ninety-Three Thousand, Seven Hundred Sixty-Eight Dollars and Zero Cents ($93,768.00), and to execute such agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.
Section 4. The City Manager, the Director of Public Works and all other proper officers and officials of the City are authorized to execute change orders and amendments which may become necessary, up to a total of 10% of the initial construction contracts, without additional Council approval.
Section 5. The Public Works Department is authorized to provide construction administration support, arrange ancillary construction services, and to expend funds on similar related items. 25 of 26
Section 6. It is further resolved, if any section, subsection, part, clause, sentence or phrase of this Resolution or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this Resolution, the application thereof, shall not be effected thereby but shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part, clause, sentence phrase regardless of whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional.
Section 7. This Resolution shall take effect immediately upon its passage.
Passed and adopted this 17th day of August, 2023 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
____________________________
Corey Middleton
Mayor of the City of Yreka
Attest:
_____________________________
Shella Rhetta Hogan, City Clerk
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