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HomeMy WebLinkAbout2013-10-02 PacketPage 1 of 3 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 2, 2013 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. MCOG Presentation of Preferred Scenario for the Vision Mendocino 2030 Project 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Minutes of September 18, 2013, Regular Meeting. 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. 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 Page 2 of 3 11. PUBLIC HEARINGS (6:15 PM) a. Public Hearing to Consider Adoption of Ordinance to Set New Water Connection Fees. 12. UNFINISHED BUSINESS a. Discussion and Possible Action Regarding Council Board, Committee, and Commission Appointments; Possible Appointments of Two Ad/Hoc Committees for the Study of Feasible Alternatives for Street Infrastructure Maintenance and Improvement, and for Rate Studies for Water and Wastewater Utilities; Sunsetting of Various Committees/Ad Hocs; and Procedure for Newly Elected Member to Take Assignments Once Seated. b. Approval of Agenda for Joint City/County Tax Sharing Meeting, Presentation by Staff of Background Information, and Discussion of Indexing Formula. 13. NEW BUSINESS a. Adoption of Resolution Making Appointment to the Paths, Open Space, and Creeks Commission b. Adopt Resolution Renewing the Delegation of the City Manager and/or the Electric Utility Director to Approve Power Purchases for the City Pursuant to the Ukiah-NCPA’s Market Purchase Program (MPP) Agreement and Authorize the City Manager and Electric Utility Director to Manage the Energy Attributes for Carbon and Renewable Energy Credits to Meet State Compliance Obligations and Maximize the Value to the City’s Rate Payers. (EUD) c. Approve Leonard Charles and Associates Scope of Work for the Preparation of an Environmental Impact Report for the Talmage Road-Highway 101 Interchange Southbound Ramps Realignment Project and Direct the City Manager to Execute a Professional Services Agreement. 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: Electric Unit b. Conference With Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov’t Code Section 54956.9 (e)(2)–(5), inclusive (1 case) c. Conference With Legal Counsel – Existing Litigation Name of case: Ukiah et al. v. County of Mendocino et al., SC UK CVPT ‘1362029 d. 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) Page 3 of 3 e. 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 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 September, 2013. Kristine Lawler, City Clerk Agenda Item 5a Page 1 of 6 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 18, 2013 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on September 18, 2013, having been legally noticed on September 13, 2013. Mayor Crane called the meeting to order at 6:00 p.m. Roll was taken with the following Councilmembers Present: Mary Anne Landis, Benj Thomas, Vice Mayor Phil Baldwin, and Mayor Douglas F. Crane. Staff Present: Jane Chambers, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Russian River Watershed Association Pollution Prevention Week and Creek Week 2013. Presenter: Councilmember Landis. Public Comment: Rick Seanor, Public Works Deputy Director. 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Minutes of September 4, 2013, Regular Meeting. Motion/Second: Landis/Thomas to approve the minutes of September 4, 2013, a Regular Meeting as submitted. Motion carried by the following roll call votes: AYES: Landis, Thomas, Baldwin, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Authorize Purchase of Training Services (CC 1314-120) from On Base Leadership Training in the Amount of 20,500.00 – Police Department b. Approval of Publishing Services (CC 1314-121) by Ukiah Daily Journal for Fiscal Year 2013/2014, in the Amount of $6.25 Per Column Inch for the First Insertion and $4.26 per Column Inch for Each Subsequent Insertion of the Same Advertisement – City Clerk Department c. Report of Acquisition of Professional Consulting Services (CC 1314-122) from EBA Engineering for AB32 Landfill Gas Monitoring and Reporting – Public Works Department d. Report of Disbursements for the Month of August, 2013 – Finance Department City Council Minutes for September 18, 2013, Continued: Page 2 of 6 e. Reject Bid for Orchard Substation Transformer #1 (T-1) Bushing Replacement Project, Specification #E32775 – Electric Utility Department Motion/Second: Landis/Baldwin to approve Consent Calendar Items 7a - e, as submitted. Motion carried by the following roll call votes: AYES: Landis, Thomas, Baldwin, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 9. COUNCIL REPORTS Presenters: Councilmembers Landis (see attached statement) and Thomas. 10. CITY MANAGER/CITY CLERK REPORTS Presenter: Sage Sangiacomo, Assistant City Manager. 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 – Planning Department PUBLIC HEARING WAS OPENED. Presenters: Eladia Laines, Owner, Norman Hudson, and Charlie Stump, Planning Director. Public Comment: M.J. Girard. Motion/Second: Landis/Baldwin to continue the public hearing to a date certain of October 16, 2013. Motion carried by the following roll call votes: AYES: Landis, Thomas, Baldwin, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. 12. UNFINISHED BUSINESS a. Authorize the City Manager to Negotiate and Execute a Professional Services Contract for Information Technology Services Specific to Global Information Systems (GIS) with Interwest Consulting Group to be Performed on an On-Call, As- Needed Basis – Administration. Presenter: Sage Sangiacomo, Assistant City Manager. Motion/Second: Landis/Thomas to authorize the City Manager to negotiate and execute a professional services contract (CC 1314-123) for information technology services specific to Global Information Systems (GIS) with Interwest Consulting Group to be performed on an on-call, as- needed basis. Motion carried by the following roll call votes: AYES: Landis, Thomas, Baldwin, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. 13. NEW BUSINESS a. Adoption of Resolution Amending Section 2081 – Adjusting Voluntary Spending Limits to Reflect Increase in Consumer Price Index from Original Limits Established in 2006 – City Clerk Department City Council Minutes for September 18, 2013, Continued: Page 3 of 6 Presenter: Kristine Lawler, City Clerk. Motion/Second: Baldwin/Landis to delay increasing the voluntary spending limit until after the November 2014 election. Motion carried by the following roll call votes: AYES: Landis, Thomas, Baldwin, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. b. Consideration and Possible Adoption of Resolution Calling Special Election to Fill City Council Vacancy – Administration Presenter: David Rapport, City Attorney. Public Comment: Motion by Councilmember Thomas to adopt the Attachment No. 1 Resolution calling for the special election to fill the City Council vacancy by mail-ballot only on March 4, 2014. Motion failed for lack of a second. Motion/Second: Baldwin/Crane to adopt the Attachment No. 2 Resolution calling for the special election to fill the City Council vacancy by polling places and standard voting procedures on April 8, 2014. Motion failed by the following roll call votes: AYES Thomas. NOES: Landis, Baldwin, and Crane; None. ABSENT: None. ABSTAIN: None. Motion/Second: Thomas/Baldwin to adopt the Attachment No. 1 Resolution (Resolution No. 2013- 21 and Agreement No. CC 1314-124) calling for the special election to fill the City Council vacancy by mail-ballot only on March 4, 2014. Motion carried by the following roll call votes: AYES: Thomas, Baldwin, and Crane. NOES: Landis. ABSENT: None. ABSTAIN: None. c. Letter for Council Consideration on the Issue of Japan's Fukushima Nuclear Plant Disaster – Councilmember Baldwin. Presenter: Councilmember Baldwin. Public Comment: Tom Fletcher, Charley Vaughn, Jeffrey Blancford, and Steve Scalmanini. Motion/Second: Landis/Thomas to approve letter on the issue of Japan's Fukushima Nuclear Plant Disaster, and direct City Clerk to send letters to President Obama, our two U.S. Senators, and the Representative Jared Huffman, to be signed by the Vice Mayor. Motion carried by the following roll call votes: AYES: Landis, Thomas, and Baldwin. NOES: Crane. ABSENT: None. ABSTAIN: None. d. Adoption of Resolution Approving Memoranda of Understanding for Employee Bargaining Units – Department Head, Fire, Fire Management, Miscellaneous, Management, and Police Units - for Ongoing 5% Compensation Reductions – Human Resources. Presenter: Jane Chambers, City Manager and Melody Harris, Human Resources Director. Motion/Second: Landis/Baldwin to adopt Resolution (Resolution No. 2013-22 and Agreement No. MOU-091813a-f) approving 2013-2015 Memoranda of Understanding for the Department Head, Fire, Fire Management, Miscellaneous, Management and Police Bargaining Units. Motion carried by the following roll call votes: AYES: Landis, Thomas, Baldwin, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. City Council Minutes for September 18, 2013, Continued: Page 4 of 6 e. Adoption of Resolution Adopting Addendum for the Director of Public Safety and City Manager Contracts for On-Going 5% Compensation Reductions and Approving the Overall Percentage Reduction Report to the City Council for the City Manager’s Contract with Commensurate Pay Restoration – Administration Presenter: Jane Chambers, City Manager. Motion/Second: Landis/Thomas to adopt Resolution (Resolution No. 2013-23 and Agreement Nos. CM-070113-A1, PD-020608-A1) Adopting Addendum for the Director of Public Safety and City Manager Contracts for On-Going 5% Compensation Reductions and Approving the Overall Percentage Reduction Report to the City Council for the City Manager’s Contract with Commensurate Pay Restoration. Motion carried by the following roll call votes: AYES: Landis, Thomas, Baldwin, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. f. City Council Discussion and Possible Appointments of Two Ad/Hoc Committees for the Study of Feasible Alternatives for Street Infrastructure Maintenance and Improvement, and for Rate Studies for Water and Wastewater Utilities – Administration Presenter: Jane Chambers, City Manager. Consensus of the Council directs staff to continue this item and bring back the annual assignments for Council approval in October. g. Receive Proposal from Ukiah Valley Fire District for Comprehensive Fire Services, and Appoint an Ad Hoc Committee and/or Direct Staff – Administration Presenter: Jane Chambers, City Manager. Public Comment: Jerry Buzzard, Fire District Chair. Motion/Second: Baldwin/Landis to appoint Councilmember Thomas and Mayor Crane to the Ukiah Valley Fire District ad hoc, which will operate under the Brown Act. Motion carried by the following roll call votes: AYES: Landis, Thomas, Baldwin, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. 14. CLOSED SESSION 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 Name of case: Ukiah et al. v. County of Mendocino et al., SC UK CVPT ‘1362029 c. 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) d. 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) City Council Minutes for September 18, 2013, Continued: Page 5 of 6 Under Negotiation: Price & Terms e. Conference with Real Property Negotiators (§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 No reportable action was taken. 15. ADJOURNMENT There being no further business, the meeting adjourned at 8:06 p.m. ________________________________ Kristine Lawler, City Clerk City Council Minutes for September 18, 2013, Continued: Page 6 of 6 Councilmember Statement – For the Record: Election or Appointment – Mary Anne Landis: Council member Mari Rodin’s departure leaves the Ukiah City council with a vacancy. How that vacancy gets filled is, by state law, up to the City Council. An election and an appointment are each options presented in California State law as means to fill a vacancy. Given the election timelines for placing a council member seat on the ballot, the next date for an election evidently is now either March or April. That’s 7/8 months away – a long time when important decisions need to be made, committees need to be constituted, voting ties might need to be broken and the amount of work before us is unabated. And, by that time, about 2 ½ years will be left on the term for the person filling the vacancy - not that much different than the 2 year terms that previous appointees filled. If only one candidate runs for office, which has been known to happen in our recent elections county- wide, that person will be appointed, without the electorate weighing in. If more than one candidate runs, the selected candidate will be seated possibly as late as May after votes are counted - in what’s very likely to be a low voter turn-out election based on historical data from the Elections office of the Mendocino County’s Assessor’s Office. In the past many council members have been seated on the Council through an appointment; Richard Shoemaker, John McCowen, Mari Rodin and me. I supported making an appointment to fill this vacancy for reasons of: • this precedence of appointments being used to fill vacancies in the recent past • the filling of the seat in shorter order during a time of a great need for focused energy on many topics, from public safety, to Streets, to economic development • the likelihood that a larger pool of candidates would come forward if the council had decided to make an appointment– as well as • the cost savings to the City, during a time when we have asked our staff to take pay cuts, yet we still have a structural deficit I supported making an appointment to fill this vacancy, through an open and public format that would allow citizens to weigh in during public meetings as all interested candidates presented their best selves to the Council, for an opportunity to serve their community. I believe an appointment would have represented our community’s interests best – and I respect the majority vote of our council.