HomeMy WebLinkAbout2012-06-20 CC MinutesCITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
June 20, 2012
6:00 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on June 20, 2012, the notice for which being legally
noticed on June 14, 2012. Mayor Landis called the meeting to order at 6:01 pm. Roll was taken
with the following Councilmembers present: Thomas, Rodin, Baldwin, Vice Mayor Crane, and
Mayor Landis. Councilmembers absent: None. Staff Present: City Manager Chambers, City
Attorney Rapport, Assistant City Manager Sangiacomo, Planning and Community Director Stump,
Director of Public Works Eriksen, Project and Grant Administrator Mills, and City Clerk Brown.
Urgency item: Mayor Landis asked the Council to consider adding an urgency item to tonight's
agenda. The need came up after the agenda was posted, and needs action prior to the next
meeting The topic is:
Consider and approve the Successor Agency to the former Redevelopment Agency of the
City of Ukiah and the City of Ukiah to re -enter into a restated funding agreement for Public
Infrastructure Improvements for the Redwood Business Park.
If approved, this would become items 12d and 14a.
M/S Rodin /Thomas to add the item to the agenda. Motion carried by the following roll call votes:
AYES: Thomas, Rodin, Baldwin, Crane, and Landis. NOES: None. ABSENT: None. ABSTAIN:
None.
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS /INTRODUCTIONS /PRESENTATIONS
a. U.S. Army Week Proclamation
Councilmember Crane read the proclamation.
b. RRWA "Take it from the Tap" Proclamation
Mayor Landis read the proclamation which will be presented to the Russian River Watershed
Association.
C. Recognizing Venerable Master Hsuan Hua Proclamation
Councilmember Thomas read the proclamation and presented it to Ms Zephyr, representing the
City of the Ten Thousand Buddha's.
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
None
6. RIGHT TO APPEAL DECISION
7. CONSENT CALENDAR
a. Report of Disbursements for Month of May 2012
b. Approval of the Amended and Restated Market Purchase Program Agreement With NCPA
And Authorize The City Manager To Execute All Necessary Documents. (EUD)
C. Authorize City Manager To: 1) Negotiate And Execute The ZGlobal Termination Agreement
And 2) Negotiate And Execute An Agreement With GP Strategies For National Electric
Reliability Corporation (NERC) Compliance Services For The City Of Ukiah Electric Utility
Department (EUD).
d. 1) Award Of Contract For The Overhaul Of Two Turbine Shut -Off Valves (TSV), Penstock
Repair And Inspection, Specification No. 12 -07 And Authorize The City Manager To
Execute All Necessary Documents. 2) Authorize A Budget Amendment In The Amount Of
$100,000. (EUD)
MIS Crane /Baldwin to Approve Consent Calendar Items 7a -7d. Motion carried by the following roll
call votes: AYES: Thomas, Rodin, Baldwin, Crane, and Landis. NOES: None. ABSENT: None.
ABSTAIN: None.
8. AUDIENCE COMMENTS ON NON - AGENDA ITEMS
A public member spoke on behalf of Tammy Babcock regarding her arrest and vehicle being
impounded, and was referred to staff.
9. COUNCIL REPORTS
Councilmember Crane stated the Palace Hotel ad hoc item is on tonight's agenda.
Councilmember Rodin announced the Municipal Service Review Report is complete and being
circulated. It is scheduled to be heard by LAFCo on July 9.
Mayor Landis reported the Ukiah Municipal Pool refurbishment is complete and has reopened for
use.
10. CITY MANAGER/CITY CLERK REPORTS
11. PUBLIC HEARINGS (6:15 PM)
a. Receive Report From The City Council Palace Hotel Ad -Hoc Committee, Hear From
The Public, And Consider Adopting The Resolution Ordering The Repair Or Removal
Of The Dilapidated Palace Hotel Structure Located At 272 North State Street
Planning and Community Director Stump presented the item. Recommended Action(s): 1)
Receive verbal report from the City Council Ad -Hoc Committee; 2) Hear from the public and
consider any objections or protests to adopting the Resolution; and 3) Either adopt the Resolution
ordering the Department of Public Works to abate the nuisance or provide additional time for the
owner to develop and implement a Plan to abate the nuisances and restore or demolish the
building.
Public Hearing was opened.
Eladia Laines provided an update. She provided copy of a letter from the title company dated June
20, 2012 stating they would have a decision shortly concerning clear title, or if quiet title action
would be required. Ms. Laines stated she has retained a consultant regarding lead and asbestos
who has done an evaluation with over 50 samplings forwarded to the Bay Area. Next step is air
quality. Once they have that permit, it will go to City Staff for removal of the "Red Tag." OSHA
requires continuing education units on an annual basis, so they are pursuing a faster path for a
certified person. They have agreed to recycle as much material as they can, so it will need to be
sorted and will take some time. They are working on weatherizing to possibly get a new roof on the
building, even if a temporary fix. The next ad hoc meeting was scheduled for July 10, 10:00 a.m.
Public Hearing closed.
M/S Crane /Rodin to continue the public hearing to the July 18 meeting. Motion carried by the
following roll call votes: AYES: Thomas, Rodin, Baldwin, Crane, and Landis. NOES: None.
ABSENT: None. ABSTAIN: None.
12. UNFINISHED BUSINESS
a. Status Report Regarding Sign Code Enforcement
Planning and Community Director Stump presented the item. Recommended Action(s): Receive
Report.
Public Comment: Marge Thatcher
The report was received.
b. Approval Of Amendment No. 1 With Carollo Engineers For The Preparation Of A
CEQA Document For The Recycled Water Feasibility Study In An Amount Not To
Exceed $65,829.
Public Works Director Eriksen presented the item. Recommended Action(s): Approval of
Amendment No. 1 with Carollo Engineers for the preparation of a CEQA document for the
Recycled Water Feasibility Study in an amount not to exceed $65,829.
M/S Crane /Rodin to approve the recommended action. Motion carried by the following roll call
votes: AYES: Thomas, Rodin, Baldwin, Crane, and Landis. NOES: None. ABSENT: None.
ABSTAIN: None.
C. Rejection Of Bids For The Fire Suppression System At Anton Stadium, Specification
No. E32192 And E32193.
Project and Grant Administrator Mills presented the item. Recommended Action(s): Reject all bids
for the fire suppression sprinkler system at Anton Stadium submitted on June 13, 2012.
M/S Crane /Baldwin to approve the recommended action to reject the bids. Motion carried by the
following roll call votes: AYES: Thomas, Rodin, Baldwin, Crane, and Landis. NOES: None.
ABSENT: None. ABSTAIN: None.
d. Urgency Item: Consider and approve the Successor Agency to the former
Redevelopment Agency of the City of Ukiah and the City of Ukiah to re -enter into a
restated funding agreement for Public Infrastructure Improvements for the Redwood
Business Park.
Assistant City Manager Sangiacomo and Attorney Rapport presented the item. Recommended
action(s): Approve the Successor Agency to the former Redevelopment Agency of the City of
Ukiah and the City of Ukiah to re -enter into a restated funding agreement for Public Infrastructure
Improvements for the Redwood Business Park.
M/S Crane/Thomas to approve the recommended action, including the amendments added by the
City Attorney (see Exhibit (redline version) to these Minutes). Motion carried by the following roll
call votes: AYES: Thomas, Rodin, Baldwin, Crane, and Landis. NOES: None. ABSENT: None.
ABSTAIN: None.
13. NEW BUSINESS
a. Report To City Council From Sun House Guild /Grace Hudson Museum Endowment
Ad Hoc; Consideration Of Resolution Adopting Terms Of Agreement; Direction To
City Attorney And City Manager Authorizing Drafting And Signature Of 3 Year
Agreement
City Manager Chambers, Ad Hoc Members Mayor Landis, and Councilmember Thomas, and
Attorney Rapport presented the item. Recommended Actions: Receive report of Ad Hoc
Committee. Adopt resolution outlining terms for a 3 year agreement, and provide direction to City
Attorney and City Manager for the drafting and signing of the 3 year agreement with Sun House
Guild and Grace Hudson Museum Endowment.
City Attorney Rapport stated that City Councils cannot delegate budgeting authority to bind future
councils, but can adopt policy giving their intent. Therefore he provided a different Resolution
version handout tonight which basically refers to policy rather than terms of agreement.
Public Comment: Michael Layborn, David Vilner, John McCowen, Adelle Pruitt, Ms. C.Rosenski,
and Paige Poulos all spoke to the item.
M/S Rodin/Thomas to adopt the Resolution as amended. Motion carried by the following roll call
votes: AYES: Thomas, Rodin, Baldwin, Crane, and Landis. NOES: None. ABSENT: None.
ABSTAIN: None.
b. Nominate And Vote On Five Appointments To The City Design Review Board And
Adopt Resolution Making Formal Appointments
Planning and Community Director Stump presented the item. Recommended Actions: 1) Each
Council member individually nominate a Design Review Board member and the Council vote on
each nomination; and 2) Adopt a Resolution formally appointing the Design Review Board
Members.
Mary Anne Landis nominated Tom Liden, and Moved to approve the recommended action for all
members in one motion, seconded by Rodin; Phil Baldwin nominated Tom Hise, seconded by
Rodin; Mari Rodin nominated Alan Nichols, seconded by Thomas; Douglas Crane nominated
Nicholas Thayer, seconded by Rodin; Benj Thomas nominated Howie Hawks, seconded by Rodin;
Motion carried by the following roll call votes: AYES: Thomas, Rodin, Baldwin, Crane, and Landis.
NOES: None. ABSENT: None. ABSTAIN: None.
C. Appointments To Commissions And Committees For Term Expirations And
Vacancies Relative To The Airport Commission; Demolition Permit Review
Committee; Investment Oversight Committee; And Paths, Open Space And Creeks
Commission And Resolution Making The Appointments.
City Clerk Brown and City Manager Chambers presented the item. Recommended Actions:
1) Make nominations and appointments. 2) Adopt a Resolution making appointment to the above
Commissions and Committees. 3) Consider whether or not to extend the application deadline and
re- advertise vacancies for the Airport Commission, and Demolition Permit Review Committee.
Mary Anne Landis nominated Eric Crane to the Airport Commission, and Moved to approve the
recommended action for all members of the named Commissions in one motion, seconded by
Baldwin; Mari Rodin nominated Judy Pruden to Demolition Permit Review, seconded by Landis;
Phil Baldwin nominated Monte Hill to Investment Oversight Committee, seconded by Rodin; Mary
Anne Landis nominated Beth Lang to POSCC, seconded by Rodin; Phil Baldwin nominated
Suzanne Farris to POSCC, seconded by Rodin; Mari Rodin nominated Hannah Bird to POSCC,
seconded by Thomas. Motion carried by the following roll call votes: AYES: Thomas, Rodin,
Baldwin, Crane, and Landis. NOES: None. ABSENT: None. ABSTAIN: None.
The City Clerk was asked to re- advertise the vacant positions.
d. Adopt A Plan For The Use Of The Prop 1 B Local Streets And Roads 2009 -2010
Appropriation
Public Works Director Eriksen presented the item. Recommended Actions: Adopt the slurry seal
street maintenance plan for the use of the prop 1 B Local Streets and Roads 2009 -2010
Appropriation.
Attorney Rapport indicated there may be a conflict of interest for the vote if a Coucilmember lives
on the subject street.
M/S Crane /Baldwin to approve the recommended action. Motion carried by the following roll call
votes: AYES: Rodin, Baldwin, Crane, and Landis. NOES: None. ABSENT: None. ABSTAIN:
Thomas.
e. Consideration of lease agreement with Tayman Park for the Pro -Shop and
Maintenance Operations of the Ukiah Municipal Golf Course and Consideration of a
lease agreement with the Ukiah Men's Golf Club for the Cart Storage Facilities.
Assistant City Manager Sangiacomo presented the item, noting the Golf Pros Jimmy Stewart and
Frank Johnson are present for questions. Recommended Actions: Authorize the City Manager to
negotiate and execute a lease agreement with Tayman Park Golf for the Pro -Shop and
Maintenance Operations of the Ukiah Municipal Golf Course and a lease agreement with the Ukiah
Men's Golf Club for the Cart Storage Facilities.
Public Comment: Frank Johnson, and Pinky Kushner.
M/S Crane /Rodin to approve the recommended action. Motion carried by the following roll call
votes: AYES: Thomas, Rodin, Baldwin, Crane, and Landis. NOES: None. ABSENT: None.
ABSTAIN: None.
Consideration And Adoption Of Resolution Of The City Council Of The City Of Ukiah
Adopting The 2012 -2013 Fiscal Year Budget
City Manager Chambers suggested in view of the late hour that we adjourn to tomorrow, unless an
alternative time is chosen by Council, as fairly - lengthy discussion still needs to take place. Finance
Director Elton recommended we approve a budget before July 1, 2012. Mayor Landis would like to
hear Council's thinking on direction tomorrow.
Public Comment: Linda Sanders
Councilmember Baldwin took opportunity to express his preferred direction for savings
achievement for the Budget since he will not be available for the next scheduled meetings. He
stated he would try to connect with the City Council in a teleconference for the meeting on June 26.
Further Budget discussion was continued to 4 p.m. tomorrow.
14. CITY OF U!KIAH, AS SUCCESSOR AGENCY TO THE UKIAH REDEVELOPMENT
AGENCY
a. Urgency item: (same as Item 12d) Consider and approve the Successor Agency
to the former Redevelopment Agency of the City of Ukiah and the City of Ukiah to re-
enter into a restated funding agreement for Public Infrastructure Improvements for
the Redwood Business Park.
MIS Rodin /Crane to approve the recommended action, including the amendments added by the
City Attorney (see Exhibit (redline version) to these Minutes). Motion carried by the following roll
call votes: AYES: Thomas, Rodin, Baldwin, Crane, and Landis. NOES: None. ABSENT: None.
ABSTAIN: None.
15. CLOSED SESSION
16. ADJOURNMENT
There being no further business, the meeting adjourned at 10:50 pm. to tomorrow, June 21st, 2012,
at 4:00 p.m.
LindG-'Brow City -Clerk
EXNIBII 'I:.; MINLTTES OF 5, 20! 12
Re Items i�Ld and i4a
RESTATED FIRST AMENDED FUNDING AGREEMENT Formatted: Left: 1 ^„ fiight: O.g Bottom:
0,85"
UKIAH REDEVELOPMENT PROJECT AREA
(Public Improvements- Redwood Business Park projects)
THIS RESTATED FUNDING AGREEMENT is re- entered and restated as of June 20.
2012, by and between the CITY OF UKIAH, ACTING IN ITS CAPACITY AS THE
SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY
(-AGE") OF THE CITY OF UKIAH, ( "Successor Agency "), and the CITY OF UKIAH,
a municipal corporation (City).
Recitals
A. Pursuant to the Community Redevelopment Law of the State of California (Health
and Safety Code Section 33000 et seq.), the Rfedevelooment Agency of the City of Ukiah
LAgencyD was a duly constituted redevelopment agency under the laws of the State of California
and pursuant to said laws was carrying out the Redevelopment Plan (Redevelopment Plan) for the
Ukiah Redevelopment Project (Redevelopment Project).
B. The major goals and objectives of the Redevelopment Plan included, among others,
the elimination of blighting influences and the correction of environmental deficiencies in the
Redevelopment Project Area, improving pedestrian and vehicular circulation in the
Redevelopment Project Area, and the installation of new or replacement of existing public
improvements which are currently inadequate to serve the area. The Redevelopment Plan
authorized the Agency to pay for, develop, or construct any publicly -owned improvements, either
within or without the Project Area, for itself or for any public body or entity, which improvements
are or would be of benefit to the Project Area. The Five Year Implementation Plan for the Ukiah
Redevelopment Plan also specifically identified the traffic, drainage and utility improvements as
the public improvements projects to be undertaken by the Agency.
C. The Redwood Business Park is a potential major commercial- retail center within
the Redevelopment Project Area which requires the installation certain traffic, drainage and utility
improvements (the "Public Improvements ") in order to induce private investment.
D. In furtherance of an Agreement between the Agency and Costco Wholesale
Corporation, approved by the Agency in January 2011 (the "Agreement "), the Agency desireDs to
cooperate with the City and provide funding to assist with the costs necessary for the Public
Improvements at the Redwood Business Park, which Public Improvements will serve and be of
primary benefit to the Ukiah Redevelopment Project Area.
E. Pursuant to Health and Safety Code Section 33445, the Agency was authorized,
with the consent of the City Council, to pay all or part of the value of the land for and the cost of
the design, installation and construction of any building, facility, structure, or other improvements
which were or would be eFe publicly owned either within or without the Redevelopment Project
Area, upon a determination by the City Council and Agency that such buildings, facilities,
structures or other improvements weare of benefit to the Redevelopment Project by helping to
I
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eliminate blight within the Redevelopment Project Area, that no other reasonable means of
financing such buildings, facilities, structures, or other improvements weare available to the
community, and that the payment of funds for the cost of such buildings, facilities, structures or
other improvements wais consistent with the Agency's five -year Implementation Plan for the
Redevelopment Project.
F. Section 33678 of the Community Redevelopment Law providcsd that the portion of
taxes allocated to the Agency pursuant to Section 33670(b) of the Community Redevelopment
Law (Tax Increments) will not be deemed the receipt or appropriation of proceeds of taxes for the
purposes of Article XIII.B of the California Constitution so long as such Tax Increments are used
for redevelopment activity which primarily benefits the Redevelopment Project Area.
G. In order to enable the City to continue its efforts to construct the Improvements for
the benefit of the Redevelopment Project Area, and as an inducement to the City to do so, the
parties entered into a First Amended Project Funding Agreement ( "Funding Agreement ") on
March 8, 2011, providing for the Agency to contribute to the City a portion of the costs relating to
the development and construction of the Improvements.
H. Pursuant to AB IX 26, enacted by the Califonria Leeislature in 2011, and upheld
by the California Supreme Court in California Redevelopment Association et al. v. Matosantos,
redevelopment agencies in California were deemed dissolved on Feburary I, 2012. As authorized
by AB 1X 26, the City of Ukiah elected to become the successor aeencv to the Citv.
I. Health and Safety Code section 34178(a) provides that agreements between a
redevelopment agency and a city are invalid and not binding on the successor agency: provided
however that such agreements may be re- entered upon approval of the oversight board.
JFI. On June 13, 2012, pursuant to Health and Safety Code Section 34178(a) and
34180(h), the Oversight Board for the Successor Agency adopted Resolution No.
authorizing the Successor Agency to re -enter the Funding Agreement to fund and construct the
improvements specified in Exhibit B to the resolution. The resolution directed the Success Agency
to submit copies of the resolution to the Mendocino County Auditor - Controller, the State of
California Controller, and the State of California Department of Finance and to post it on the
Successor Agency's web -site.
K4. On June 14, 2012, the Successor Agency emailed copies of the resolution to the
Mendocino County Auditor - Controller, the State of California Controller, and the State of
California Department of Finance and posted it on the Successor Agency's web -site.
LJ. Under Health and Safety Code Section 34179(h), the resolution of the Oversight
Board did not become effective for three business days after it was adopted. During that three days
the action would not become effective; if the Department of Finance requested review of the
resolution. The three time period expired on June 19, 2012. The Successor Agency has not
received any request from the Department of Finance for review of the resolution. Accordingly,
the resolution became effective on June 20, 2012.
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Agreement
THE SUCCESSOR AGENCY AND THE CITY HEREBY AGREE AS FOLLOWS:
1. The City shall be responsible for all of the design and construction of the Public
Improvements identified by the City in the Redwood Business Park and that will serve the
Redevelopment Project Area.
2. The City shall be responsible for conducting environmental review prior to its
approval of the Improvements, final design and construction and as a prerequisite for use of any of
the Successor Agency Contribution (as defined below) for final design and construction. It is
understood and agreed that the Successor Agency Contribution provided in this Agreement may
be used to conduct such environmental review. The City shall cause the environmental review to
be undertaken as soon as feasible.
3. The City shall cause such development and construction work to be undertaken as
soon as feasible and continue in order to ensure that the Improvements are completed in a timely
manner.
4. In consideration of the undertakings of the City under Sections 1 through 3 of this
Agreement, the Successor Agency shall: (1) by no later than March 9, 2011, pay to the City for the
design, environmental review and construction of the Improvements $3,100,000 and (2) pay to the
City (or pay to a third party on behalf of the City) a portion of the actual costs incurred by the City
as necessary for the design, environmental review and construction of the Improvements, in a total
amount not to exceed SIX MILLION DOLLARS ($6,000,000) (Successor Agency Contribution).
The Successor Agency shall make such Successor Agency Contribution to (or on behalf
of) the City from any funds available to the Successor Agency for such purpose, including the
proceeds of any bonds issued by the Agency, loans and Tax Increments from the Redevelopment
Project Area, at the Successor Agency's sole discretion.
5. Failure by either party to perform its obligations hereunder shall constitute a default
under this Agreement, and the other party may institute legal action to cure, correct or remedy
such default, to recover damages for such default or to obtain any other remedy, including
injunctive or declaratory relief,, consistent with the purpose of this Agreement.
6. This Agreement constitutes an indebtedness of the Successor Agency incurred in
carrying out the Redevelopment Project, and a pledge of Tax Increments from the Redevelopment
Project to repay such indebtedness, under the provisions of Section 16 of Article XVI of the
California Constitution and Section 33670 et seq. of the Health and Safety Code; provided,
however, that such pledge of Tax Increments shall always be subordinate and subject to the right
of the Successor Agency to pledge or commit Tax Increments from the Redevelopment Project
Area to repay bonds or other indebtedness incurred by the Successor Agency in carrying out the
Redevelopment Project. The Successor Agency shall list this Agreement as an enforceable
obligation on its Recognized Obligation Payment Schedule pursuant to the requirements of AB
IX 26.
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7. Pursuant to Section 895.4 of the Government Code, the Successor Agency and City
agree that each will assume the full liability imposed upon it ur any of its officers, agents or
employees for injury caused by a negligent or wrongful act or omission occurring in the
performance of this Agreement and each party agrees to indemnify and hold harmless the other
party for any loss, costs or expense that may be imposed upon such other party by virtue of
Sections 895.2 and 895.6 of the Government Code.
8. This Agreement and the obligations of the City and the Successor Agency
hereunder shall terminate upon the completion of the construction of the Improvements by the
City and the payment of the Successor Agency Contribution as set forth in Section 4.
9. Within 30 calendar days of the end of each fiscal year, the City shall prepare and
deliver to the Successor Agency a report of activities and accomplishments with regard to the
Improvements, together with 1) any environmental documentation or notice required as a result of
any activity undertaken in compliance with this Agreement that is a project under CEQA and/or
NEPA, 2) evidence of the costs incurred by the City to provide the Public Improvements provided
for under this Agreement, and 3) any other information reasonably requested by the Successor
Agency relating to this Agreement or the Public Improvements (City's Report). Such information,
provided in a timely manner, shall assist the Successor Agency to fulfill its reporting requirements
regarding construction of capital improvements under California Health and Safety Code Section
33080 et seq.
IN WITNESS WHEREOF, the Successor Agency and the City have executed this
Agreement as of the date first above written.
CITY OF UKIAH. ACTING IN ITS CAPACITY
AS THE SUCCESSOR AGENCY OF THE
FORMER REDEVLEOPMENT AGENCY OF
THE
CITY OF UKIAH
By:
Executive Director
Attest:
By:
Secretary
Approved as to Form
By:
Successor Agency Counsel
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CITY OF UKIAH
By:
City Manager
Attest:
By:
City Clerk
Approved as to Form:
By:
City Attorney
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