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Home My WebLink About2013-07-03 CC Minutes CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 July 3, 2013 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on July 3, 2013, having been legally noticed on June 28, 2013. Mayor Crane called the meeting to order at 6:00 p.m. Roll was taken with the following Councilmembers Present: Mari Rodin, Benj Thomas, Vice Mayor Phil Baldwin, and Mayor Douglas F. Crane. Absent: Mary Anne Landis. Staff Present: Jane Chambers, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. I 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Minutes of June 19, 2013, a Regular Meeting. b. Minutes of June 24, 2013, a Special Meeting — Budget Hearing. c. Minutes of June 25, 2013, a Special Meeting — Closed Session. d. Minutes of June 25, 2013, a Special Meeting — Budget Hearing. Motion/Second: Baldwin/Rodin to approve the following minutes: June 19, 2013, a Regular Meeting; June 24, a Special Meeting — Budget Hearing; June 25, a Special Meeting — Closed Session; and June 25, 2013, a Special Meeting — Budget Hearing as submitted. Motion carried by the following roll call votes: AYES: Rodin, Thomas, Baldwin, and Crane. NOES: None. ABSENT: Landis. ABSTAIN: None. 6. RIGHT TO APPEAL DECISION � I 7. CONSENT CALENDAR a. Authorize the City Manager to Negotiate and Execute an Agreement (CC 13-021) with i Arcata Economic Development Corporation for Underwriting Services for the Community Development Block Grant Economic Development Allocation Program — Planning Department Motion/Second: Rodin/Thomas to approve Consent Calendar Item 7a, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Thomas, Baldwin, and Crane. NOES: None. ABSENT: Landis. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Presenter: Anne Molgaard, Ukiah Unified School Board Member. Page 1 of 5 I � Cou,ncii MinutE ��_'�.,,; 3. 2C13 o�,�irue�'�� Page 2 of c; � 9. COUNCIL REPORTS Presenter: Councilmember Rodin. 10. CITY MANAGER/CITY CLERK REPORTS 11. PUBLIC HEARINGS 12. UNFINISHED BUSINESS 13. NEW BUSINESS a. Approval of Contract with Tyler Technologies for Utility Billing Business Process Consulting and Production Development— Financial Department Presenter: lan Roth, Assistant Finance Director. Motion/Second: Thomas/Baldwin to approve of the contract (CC 13-022) with Tyler Technologies for Utility Billing Business Process Consulting and Production Development in the amount of $63,063. Motion carried by the following roll call votes: AYES: Rodin, Thomas, Baldwin, and Crane. NOES: None. ABSENT: Landis. ABSTAIN: None. b. Approval of Contract with Muniservices for Business License Program Administration — Finance Department Presenter: lan Roth, Assistant Financial Director and Jan Newell, Finance Controller. Motion/Second: Thomas/Rodin to approve of contract (CC 13-023) with MuniServices for Business License Program administration in the amount of $35,000. Motion carried by the following roll call votes: AYES: Rodin, Thomas, Baldwin, and Crane. NOES: None. ABSENT: Landis. ABSTAIN: None. c. Authorize City Manager to: 1) Negotiate and Execute the GP Strategies Termination Agreement and 2) Negotiate and Execute an Agreement with Cooper Compliance Corporation for National Electric Reliability Corporation (NERC) Compliance Services for the City of Ukiah Electric Utility Department (EUD). Presenter: Mel Grandi, Electric Utility Director. Motion/Second: Rodin/Baldwin to authorize City Manager to negotiate and execute the GP strategies termination agreement, and negotiate and execute an agreement (CC 13-024) with Cooper Compliance Corporation for National Electric Reliability Corporation (NERC) compliance services for the City of Ukiah Electric Utility Department. Motion carried by the following roll call votes: AYES: Rodin, Thomas, Baldwin, and Crane. NOES: None. ABSENT: Landis. ABSTAIN: None. d. Accept Proposal and Authorize City Manager to Negotiate Amendment to Contract with Lee Mechanical Incorporated to Complete Repairs Needed to the Hydro Unit #1 in an Amount Not To Exceed $36,400 and Approve a Budget Amendment in the I Amount of$36,400. (EUD) Presenter: Mel Grandi, Electric Utility Director. Motion/Second: Rodin/Baldwin to accept the proposal and authorize the City Manager to C�I i�' �.]:::^� I ._._, . ... . . . . -. . �5 0: _; , .. . . . . - . �yC _ .. _ I , negotiate an amendment to the contract (CC 13-025-A1) with Lee Mechanical Incorporated to complete repairs needed to the Hydro Unit #1 in an amount not to exceed $36,400, and approve a budget amendment in the Amount of $36,400. Motion carried by the following roll call votes: AYES: Rodin, Thomas, Baldwin, and Crane. NOES: None. ABSENT: Landis. ABSTAIN: None. e. Verbal Presentation on Possible Participation In and Support of the Sonoma County ' Water Agency's Compliance with the State Water Board's Order, Term 77. Presenter. Tim Eriksen, Public Works Director. , f. Approval of Response to Grand Jury Report—The Landfill that Refused to Die. Presenter: Tim Eriksen, Public Works Director. Mayor Directive to include, in this record, the following exchange between Councilmember Rodin and Tim Eriksen, Public Works Director: Rodin: I have three questions. The Grand Jury made three claims that I'm wondering about, they are true or could you explain them. One is - in the section under discussion under bottom of second paragraph - "on May 5, 2000, the City of Ukiah submitted a revised plan..." this technical document and then "...in August 2000, the city revised the plan, and in December 2000, the Water Board and Cal-Recycle provided comments, and for the next eight years comments and revisions went back and forth with the city missing important deadlines." Eriksen: Absolutely incorrect. Rodin: So, thaYs incorrect but it said in here that the members of the Grand Jury spoke to you. Did you cover this topic? Eriksen: We did. Rodin: And so they just put it in. Eriksen: I have no idea where they had that information. The last time was in 2005, we actually hired Rick Kennedy back, and they wanted a J&TD, which is a document which combines both the Water Board information and the Waste Board information; we submitted that; there was some back and forth on some comments; the ball was left in the Water Board's court; and we did not get comments until April of this year. Rodin: Well I'm glad that you stated that for the record, because that wasn't stated in the findings as something for you to respond to, so you didn't get a chance to say that. The second one is that the next paragraph is that, "The city received two extensions, of which the second one expired in 2010." And then it says, "On March..." of "...2012, the City of Ukiah Landfill was put on the Inventory of Solid Waste Facilities Which Violate State Minimum Standards, due to chronic violations." Could you explain that one? Eriksen: So the chronic violation would be that it is not closed and capped, and there are no fines associated with that. It just simply goes on a list. Why that they did all the landfills in Mendocino County, the South coast Landfill — I can't remember the other one, I think iYs on the coast — and the city, those were all put on that list. City Council Minutes for July 3, 2013, Continued: Page 4 of 5 Rodin: Ok. And then one more...it says that "Part of the discussion was which type of cap would be used, an earth/clay cap or a geo-synthetic liner. After twelve years, at a November 15, 2012, meeting between the City of Ukiah and the agencies involved...," which I think it refers to the State agency, "...there was no resolution of which cap will be used. The agencies stated they were 'reluctant to approve the submitted design I concepts', and no permits for closure were issued. These agencies have a determination process for the completeness and correctness of an application. The city has not resubmitted an application for closure." Eriksen: Absolutely we have; it's the design plans that we've submitted. They've commented on those. This document in my hand dated June 20, 2013, is our response to those comments on our design, and so that process is underway. Rodin: Ok. Thanks for explaining that. Motion/Second: Thomas/Baldwin to approve response to the Grand Jury report — The Landfill that Refused to Die - for transmission to the Grand Jury. Motion carried by the following roll call votes: AYES: Rodin, Thomas, Baldwin, and Crane. NOES: None. ABSENT: Landis. ABSTAIN: None. g. Discussion and Approval of Proposed Letter to Mendocino Board of Supervisors in Support of Reconsideration of Property Assessed Clean Energy (PACE) Program Presenter: Councilmember Rodin. Public Comment: John Sakowicz; Consensus of the Council to direct Councilmember Landis to revise the letter per Council discussion and continue this item to the July 17, 2013, meeting. 14. CLOSED SESSION - Continued a. Conference with Labor Neuotiator (§ 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Police, Fire, Miscellaneous, Management, and Department Head Units b. Conference With Leqal Counsel — Anticipated Litiqation I Initiation of litigation pursuant to Government Code Section 54956.9(c): (1 case) c. Conference with Leaal Counsel — Existinq Litiqation (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) d. Conference with Real Prooertv Nepotiators (554956.81 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 � e. Conference with Real Propertv Neqotiators (§54956.8) I Property: APN 002-232-12, 13 and 002-282-18 and 19 APN 002-232-09, 10, 11 Negotiator: Jane Chambers, City Manager i , � i Negotiating Parties: City of Ukiah, North Coast Railroad Authority, and Administrative Office of the Courts Under Negotiation: Price & Terms f. Conference with Real Propertv Neqotiators (554956.8) 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 g. Conference with Real Propertv Neqotiators (§54956.8) Property: APN 003-230-03-00 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Mark & Jann Lanz Under Negotiation: Price & Terms I h. Conference with Real Propertv Neqotiators (§54956.8) �i Property: APN 002-262-04 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Verihealth, Inc. Under Negotiation: Price and Terms i No reportable action was taken. 15. ADJOURNMENT There being no further business, the meeting adjourned at 7:47 p.m. ' i .rl � �L /L�.(,� l � l,� Kristine Lawler, City Clerk I I