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HomeMy WebLinkAbout2013-03-06 PacketCITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 March 6, 2013 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Minutes of February 20, 2013. 6. 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. 7. 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. a. Approval of the Notice of Completion for the Observatory Park Landscape Improvements Project, Specification No. 12-09. b. Approval of Notice of Completion for the Highland Drive Electric Utility Substructure Improvement Project, Specification No. 12-10 and Approval of Final Payment of the 5% Retention to Wipf Construction. 8. 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. 9. COUNCIL REPORTS 10. CITY MANAGER/CITY CLERK REPORTS 11. PUBLIC HEARINGS (6:15 PM) 12. UNFINISHED BUSINESS a. Goal Setting 13. NEW BUSINESS a. Authorization to Provide a New Designated Period under the Pers Contract for “Two Years Additional Service Credit,” Government Code Section 20903, for Fire Engineer Classification. b. Zero Waste Week Resolution and Discussion of Relevance to Ukiah. c. FY 2012–2013 General Fund Mid-Year Report 14. CLOSED SESSION – Closed Session may be held at any time during the meeting a. Conference with Labor Negotiator (§ 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Police, Fire, Miscellaneous, Management, and Department Head Units b. Conference with Legal Counsel –Existing Litigation (Subdivision (a) of Gov’t Code Section 54956.9) Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, dispute resolution under Participation Agreement) 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, City Manager Negotiating Parties: City of Ukiah 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, City Manager Negotiating Parties: City of Ukiah, North Coast Railroad Authority, Weston Solutions, Inc., and Administrative Office of the Courts Under Negotiation: Price & Terms e. Conference with Real Property Negotiators (§54956.8) Property: APN 170-050-13-00; 003-582-38-00; and 003-181-35-00 Negotiator: Jane. Chambers, City Manager Negotiating Parties: City of Ukiah and AJPJ, LLC 15. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 27th day of February, 2013. Kristine Lawler, City Clerk 5a CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 February 20, 2013 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE Ukiah City Council met at a Regular Meeting on February 20, 2013, having been legally noticed on February 15, 2013. Mayor Crane called the meeting to order at 6:00 p.m. Roll was taken with the following Councilmembers Present: Mary Anne Landis, Mari Rodin, Benj Thomas (arriving at 6:12 p.m.), Vice Mayor Phil Baldwin, and Mayor Douglas F. Crane. Staff Present: Jane Chambers, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Special Minutes of February 4, 2013 b. Regular Minutes of February 6, 2013 Motion/Second: Landis/Baldwin to approve the Minutes of February 4, 2013 (Special Closed Session Meeting) and February 6, 2013 (Regular Meeting). Motion carried by the following roll call votes: AYES: Landis, Rodin, Baldwin, and Crane. NOES: None. ABSENT: Thomas. ABSTAIN: None. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Report of Disbursements for the Month of January 2013 b. Amend Professional Services Contract (CC 13-003) with Ann Baker Landscape Architecture in an Amount not to Exceed $10,000 for Consulting Services Related to the Completion of Observatory Park Funded by the Land and Water Conservation Fund. c. Authorize the City Manager to Negotiate and Execute a Final Agreement (CC 13-004) for the Donation of Open Space in the Western Hills; Approval of Corresponding Budget Amendment for Closing Costs and Costs Associated with Preparing the Property for Transfer; Authorize the City Manager to Execute Any Other Related Purchase and Sale Documents. d. Adopt Resolution (2013-03) Approving Amendment No. 1 to Amended and Restated Project Agreement No. 5 (CC 04-[050106]-A1 ) Between and Among the Transmission Agency of Northern California and its Participating Members and Authorizing Execution by the City Manager. (EUD) City Council Minutes for February 20, 2013, Continued: Page 2 of 5 Motion/Second: Rodin/Landis to approve Consent Calendar Items 7a-7d, as submitted. Motion carried by the following roll call votes: AYES: Landis, Rodin, Baldwin, and Crane. NOES: None. ABSENT: Thomas. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Michael Peterson, a.k.a. “Davie Crockett,” appealed to the City Council to receive a plaque as “Davie Crockett of Ukiah.” 9. COUNCIL REPORTS Councilmember Baldwin relayed a conversation held with the Ukiah High School Student Body President, and suggested that the City Council hold a Strategic Planning session at Ukiah High School during one of their lunch times as a way of encouraging student involvement. He also suggested that five student council members be invited to shadow the City Council during a meeting. Councilmember Rodin reported that the Local Agency Formation Commission (LAFCO) will be having a meeting to hear public comments regarding the Draft Municipal Service Review for Districts in the Ukiah Valley, and will then have a subsequent public hearing to possibly adopt the document. Councilmember Landis mentioned that per action from a recent Solid Waste Management Association meeting, she would like to bring forward a discussion and possible ordinance to promote the recycling of sharps (needles). 10. CITY MANAGER/CITY CLERK REPORTS 12. UNFINISHED BUSINESS a. Provide Direction to the Paths, Open Space and Creeks Commission and Staff Regarding Completion of the Doolin Creek Enhancement Plan. Presenter: Charlie Stump, Planning Director and David Grim, Paths, Open Space, and Creeks Commission Chairperson. Motion/Second: Landis/Baldwin to authorize the Paths, Open Space and Creeks Commission to complete the Doolin Creek Enhancement Plan. Motion carried by the following roll call votes: AYES: Landis, Rodin, Thomas, Baldwin, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. 11. PUBLIC HEARINGS 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. Presenter: Councilmember Landis and David Rapport, City Attorney, introduced the item. Proper Notice was established and the PUBLIC HEARING WAS OPENED. Public Comment: Mike Peterson. Motion/Second: Landis/Rodin to continue the public hearing to the March 20, 2013, Council meeting. Motion carried by the following roll call votes: AYES: Landis, Rodin, Thomas, Baldwin, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. City Council Minutes for February 20, 2013, Continued: Page 3 of 5 b. Conduct a Public Hearing, Consider an Appeal of the City Engineer’s Approval of Minor Subdivision 12-19-TPM-CE and Affirm, Reverse, Revise or Modify the Decision. Presenter: Tim Eriksen, Public Works Director, introduced the item. Proper Notice was established and the PUBLIC HEARING WAS OPENED. Pinky Kushner and Bruni Kobbe, Appellants, presented their case along with a Powerpoint presentation. Public Comment: Susan Knopf; Tim Martin; and John Bartlett, Fire Chief. PUBLIC HEARING WAS CLOSED. Motion by Councilmember Baldwin to uphold the appeal on the grounds that it is contrary to the General Plan and will create unmitigable impacts on Gibson Creek and the fish habitat. (Motion fails due to lack of a second) Motion/Second: Landis/Rodin to deny the appeal and to return within the next six months to discuss amending the code and having set-backs in riparian areas. Motion carried by the following roll call votes: AYES: Landis, Rodin, and Crane. NOES: Baldwin. ABSENT: None. ABSTAIN: Thomas. c. Public Hearing to Consider Adoption of Ordinance to Set New Water Connection Fees Presenter: Tim Eriksen, Public Works Director, introduced the item. Proper Notice was established and the PUBLIC HEARING WAS OPENED. Motion/Second: Rodin/Thomas to continue the public hearing to the City Council meeting of April 17, 2013, and to set up an ad hoc committee to work with the Public Works Director to come up with a proposal to bring back to the City Council. Motion carried by the following roll call votes: AYES: Landis, Rodin, Thomas, Baldwin, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. 12. b. Receive Report on Oak Tree at Carpenter Hudson Park; Authorize Staff to Implement Tree Plan; Authorize John Phillips to Perform Tree Pruning Service not to Exceed $5,000 and Corresponding Budget Amendment. Presenter: Katie Marsalon, Community Services Administrator, and Sherrie Smith-Ferrie, Grace Hudson Museum Director. Public Comment: James Houle and John Phillips. Motion/Second: Rodin/Baldwin to authorize staff to implement an ongoing management plan for the Oak Tree to include pruning, monitoring, mulching of roots within the drip-line, replanting of future replacement tree(s); authorize a contract (CC 13-005) with Arborist John Phillips for an amount not to exceed $5,000 for Tree Pruning Services; and authorize a budget amendment for up to $5,000 from the General Fund. Motion carried by the following roll call votes: AYES: Landis, Rodin, and Baldwin. NOES: Thomas and Crane. ABSENT: None. ABSTAIN: None. RECESS: 8:27 – 8:38 P.M. City Council Minutes for February 20, 2013, Continued: Page 4 of 5 13. NEW BUSINESS b. Approval of a Resolution of the City Council of the City of Ukiah Authorizing the Submission of the Application to the California Infrastructure and Economic Development Bank for Financing of Redwood Business Park Infrastructure Improvements, Declaration of Official Intent to Reimburse Certain Expenditures from Proceeds of Obligation, and Approving Certain Other Matters in Connection Therewith. Presenter: Sage Sangiacomo, Assistant City Manager and Guy Mills, Project and Grant Administrator. Public Comment: James Houle; Karen Christopherson; (Man - inaudible); Devin Jones, Mendocino County Farm Bureau; Susan Knopf; (Woman – inaudible); and Steve Scalmanini. Motion/Second: Landis/Thomas approving a revised Resolution (2013-04) of the City Council of the City of Ukiah authorizing the submission of an application to the California Infrastructure and Economic Development Bank for financing of Redwood Business Park Infrastructure Improvements, declaration of official intent to reimburse certain expenditures from proceeds of obligation, and approving certain other matters in connection therewith. Motion carried by the following roll call votes: AYES: Landis, Rodin, Thomas, Baldwin, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. c. Approve Plans and Specifications for Transportation Improvements for Redwood Business Park, Specification No. 13-01 and Direct Staff to Advertise for Bids. Presenter: Tim Eriksen, Public Works Director. Public Comment: Steve Scalmanini. Motion/Second: Landis/Baldwin to approve plans and specifications for the Transportation Improvements for Redwood Business Park, Specification No. 13-01; and direct staff to advertise for bids. Motion carried by the following roll call votes: AYES: Landis, Rodin, Thomas, Baldwin, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. a. Adopt Resolution Making Application to the Local Agency Formation Commission for Amendment to and Reduction of the City’s Sphere of Influence Boundary. Presenter: Charley Stump, Planning Director. Public Comment: Steve Scalmanini, and Devin Jones, Mendocino County Farm Bureau. Motion/Second: Landis/Rodin to adopt a resolution (2013-05) making an application to the local agency formation commission for an amendment to and reduction of the city’s sphere of influence. Motion carried by the following roll call votes: AYES: Landis, Rodin, Thomas, Baldwin, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. e. Award Purchase of 2014 Aerial Boom Truck to Altec Industries Western Division in the Amount of $267,276.35, and Authorize a Budget Amendment in the Amount of $45,000.00. (EUD) Presenter: Mel Grandi, Electric Utility Director, and Colin Murphy, Electric Supervisor. City Council Minutes for February 20, 2013, Continued: Page 5 of 5 Motion/Second: Landis/Baldwin to award the purchase of 2014 Aerial Boom Truck to Altec Industries Western Division, Dixon, CA in the amount of $267,276.35, and authorize a budget amendment in the amount of $45,000.00. Motion carried by the following roll call votes: AYES: Landis, Rodin, Thomas, Baldwin, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. d. Goal Setting for FY 2013/2014 Budget Preparation. Presenter: Jane Chambers, City Manager. Public Comment: Chief Chris Dewey. Motion/Second: Baldwin/Landis to adopt revised Strategic Statements 1-5, with stated modifications (1. Maintains the historic downtown as a regional center of civic and economic activity; 2. Promotes valley wide planning based on sound principals; 3. Develops a prioritized plan for maintaining and improving public infrastructure; 4. Creates a responsive and effective workplace environment, council and staff together; 5. Facilitates creation, retention, and expansion of local jobs, local businesses, and new business development for a vibrant city and regional economy) and return on March 6, 2013, to review goals for FY 2013/2014 for possible adoption. Motion carried by the following roll call votes: AYES: Landis, Rodin, Thomas, Baldwin, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. Adjourn to closed session at 10:34 14. CLOSED SESSION a. Conference with Legal Counsel –Existing Litigation (Subdivision (a) of Gov’t Code Section 54956.9) Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, dispute resolution under Participation Agreement) b. 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, City Manager Negotiating Parties: City of Ukiah and Northwest Atlantic (Costco) Under Negotiation: Price & Terms c. 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, City Manager Negotiating Parties: City of Ukiah, North Coast Railroad Authority, Weston Solutions, Inc., and Administrative Office of the Courts Under Negotiation: Price & Terms d. Conference with Real Property Negotiators (§54956.8) Property: APN 170-050-13-00; 003-582-38-00; and 003-181-35-00 Negotiator: Jane. Chambers, City Manager Negotiating Parties: City of Ukiah and AJPJ, LLC 15. ADJOURNMENT There being no further business, the meeting adjourned at 11:00 p.m. ________________________________ Kristine Lawler, City Clerk