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HomeMy WebLinkAbout2014-06-18 PacketPage 1 of 3 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 June 18, 2014 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Introduction of New Employees – Lynne Grebil, City of Ukiah Municipal Swimming Pools Manager and Nathan Grebil, Summer Safari Day Camp Program Director b. Presentation: Youth Advocacy Group "GASP" on Smoke Free Environments. c. Presentation: Bicycle and Pedestrian Master Plan Update. 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Minutes of June 4, 2014, a 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. a. Report of Disbursements for the Month of May, 2014. b. Adoption of Resolution to Provide a New Designated Period Under the PERS Contract tor “Two Years Additional Service Credit” for the Parks/Golf Superintendent Classification and Certification of Compliance with Government Code Section 20903. c. Adoption of Resolution Supporting the Renewal of the Sonoma/Mendocino/Lake Recycling Market Development Zone. Page 2 of 3 d. Adoption of Resolution Amending Resolution 2014-22 – Calling for Election – Adding Newly Required Acknowledgement. e. Discussion and Possible Adoption of Resolution Directing the Implementation of the Storm Water Low Impact Development Technical Design Manual. f. Authorize City Manager to Negotiate and Execute Lease Agreement at the Ukiah Airport with Chico Model A. g. Approve Acquisition of Professional Services from Alpha Analytical Laboratories, Inc. for Quarterly Water Sampling and Completion of Chemical Examination Reports for the Ukiah Landfill. 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) a. Consideration and Possible Adoption of a Resolution Ordering Repair of Dilapidated Palace Hotel Structure, Retention of Cota Cole, LLP, and Setting Forth the Conditions for the Initiation of Proceedings Under Health and Safety Code Section 17980.7 to Establish a Receivership for the Palace Hotel Property. 12. UNFINISHED BUSINESS a. Award Professional Consulting Services Agreement to EBA Engineering for Corporation Yard Remediation System Operation and Maintenance and Quarterly Monitoring and Reporting. b. Approval of Ballot Measure on November 4, 2014, General Election Ballot Extending Existing ½ Cent Sales Tax (Measure S), Including Approval of Ordinance Extending the Existing Transactions and Use Tax, and Approval of Resolution Establishing an Expenditure Plan and Oversight Committee, and Approval of Resolution Placing Measure on Ballot. 13. NEW BUSINESS a. Status of IRWMP Grant for Emergency Intertie Project with Ukiah Valley Water Districts. b. 1. Acquisition of the Purchase of 2.8 Acres with a 15,800 Sq. Ft. Building Located at 1350 Hastings Rd., Ukiah, Ca. for the Electric Utility Department ($1,200,000.00); 2. Establish Funding for Environmental, Alta Survey And Related Studies Assessing The Property ($30,000); and 3. Approve a Budget Amendment in the Amount of $1,230,000.00 from the Electric Utility Fund Balance (EUD) Page 3 of 3 14. CLOSED SESSION – Closed Session may be held at any time during the meeting a. Public Employee Performance Evaluation Government Code (§ 5495) Title: City Manager b. Conference With Legal Counsel – Pending Litigation Initiation of litigation pursuant to Government Code Section 54956.9(c): (1 case) c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Ukiah Valley Sanitation District v. City of Ukiah, Mendocino County Superior Court Case No. SCUK-CVC-13-63024 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 13th day of June, 2014. Kristine Lawler, City Clerk Agenda Item 5a Page 1 of 5 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 June 4, 2014 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on June 4, 2014, having been legally noticed on May 30, 2014. Mayor Baldwin called the meeting to order at 6:05 p.m. Roll was taken with the following Councilmembers Present: Steve Scalmanini, Douglas F. Crane, Benj Thomas, Vice Mayor Mary Anne Landis, and Mayor Phil Baldwin. Staff Present: Jane Chambers, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Presentation: Quilt of Valor. Presenter: Vice Mayor Landis. b. Introduction: New Poet Laureate – Bill Churchill. Presenter: Councilmember Thomas. Public Comment: Bill Churchill, Ukiah Poet Laureate. c. Proclamation: Soroptimist International of Ukiah Day. Presenter: Vice Mayor Landis. Public Comment: Katie Kight, Soroptomist International of Ukiah President. 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Minutes of May 28, 2014, Continued Meeting. Motion/Second: Crane/Thomas to approve the minutes of May 28, 2014, a Continued Meeting from May 7, 2014, as submitted. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: Landis. 6. RIGHT TO APPEAL DECISION City Council Minutes for June 4, 2014, Continued: Page 2 of 5 7. CONSENT CALENDAR a. Adoption of Resolution (2014-20) Approving Labor Compliance Program Application Form and Manual to be Submitted to the California Department of Industrial Relations as Required by the Proposition 84 Nature Education Grant Program – Community Services Department. b. Authorize the City Manager to Negotiate and Execute a Professional Services Contract (COU No. 1314-234) for Information Technology Services with Portola Systems, Inc. to be Performed on an On-Call, As-Needed Basis – Community Services Department. Motion/Second: Landis/Thomas to approve Consent Calendar Items 7a-b, as submitted. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Public Comment: Yasmin Lugo, and Bree Kaeser. 9. COUNCIL REPORTS Presenters: Councilmembers Scalmanini, Thomas, and Vice Mayor Landis. 10. CITY MANAGER/CITY CLERK REPORTS Presenters: Jane Chambers, City Manager and Tim Eriksen, Public Works Director. Public Comment: Sean White, Russian River Flood Control and Water Conservation and Improvement District General Manager. 11. PUBLIC HEARINGS (6:15 PM) a. Adopt a Resolution Determining that an Emergency Exists in the Construction and Operation of Well #9, the Construction of which will be Necessary to Prevent the Disruption of Water Services to the Residents of the City of Ukiah, and Directing the City Manager to Undertake All Steps Necessary to have the Well Constructed without Going Through a Competitive Bidding Process Pursuant to Public Contract Code §22050 – Public Works Department. (Continued from the May 28, 2014, City Council meeting.) Presenter: Tim Eriksen, Public Works Director. PUBLIC HEARING WAS OPENED AT: 6:59 P.M. Public Comment: Sean White, Russian River Flood Control and Water Conservation and Improvement District General Manager; Miranda (Surname Unknown); and Pinky Kushner. PUBLIC HEARING WAS CLOSED AT: 7:15 P.M. Motion/Second: Crane/Landis to adopt the amended, CEQA only Resolution (2014-21) determining that an emergency exists in the construction operation of Well #9. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. City Council Minutes for June 4, 2014, Continued: Page 3 of 5 b. Receive Report from the City Council Ad-Hoc Committee, Hear from the Public and Consider Adoption of the Resolution Ordering Repair of Dilapidated Palace Hotel Structure and Consider Additional Staff Recommendations to Retain Cota Cole, LLP and Initiate Proceedings Under Health and Safety Code Section 17980.7 to Establish a Receivership for the Palace Hotel Property – Planning and Community Development Department. (Continued from the May 7, 2014, City Council meeting.) Presenters: Charley Stump, Planning and Community Development Director; David Rapport, City Attorney Property Representative: Eladia Laines, Unique Properties, Inc. President. RECESS: 8:02 – 8:08 P.M. PUBLIC HEARING WAS OPENED AT: 8:09 P.M. Public Comment: Tom Liden, Friends of the Palace Committee Co-Chair; Lisa Mammina; Pinky Kushner; Mark Adams, California Receivership Group President; and Scott Huber, Cota Cole, LLP, Attorney; and Robert A. Scaglione, Air Pollution Control/Executive Officer. PUBLIC HEARING WAS CLOSED AT: 8:55 P.M. Motion/Second: Landis/Thomas to approve Cota Cole Retainer Agreement and Adopt Resolution to Abate Dangerous and Dilapidated Building. Motion failed by the following roll call votes: AYES: Thomas and Landis. NOES: Scalmanini, Crane and Baldwin. None. ABSENT: None. ABSTAIN: None. Motion/Second: Scalmanini/Baldwin to direct Property Representative, Eladia Laines, to bring back evidence for funding for the best estimate for asbestos removal in two months at the first meeting in August. Upon further consideration, motion was amended as follows: Motion/Second: Scalmanini/Baldwin to continue the hearing to June 18, 2014, directing the City Attorney to bring back, at that time, a suggested list of specific milestones and a schedule; directs staff to bring back a progress report in July; and further directs the property representative, Eladia Laines, to bring back on August 6, 2014, evidence of funding for the best estimate for asbestos removal. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, and Baldwin. NOES: Thomas and Landis. ABSENT: None. ABSTAIN: None. 13. NEW BUSINESS c. Adoption of Resolution Calling for the Holding of a General Municipal Election to be Held on November 4, 2014, for the Election of City Council Candidates and any Ballot Measures; to Consolidate Said Election with the Statewide General Election Held on the Same Date Pursuant to Elections Code §10403; and Request the County Clerk to Conduct the Municipal Election of the City of Ukiah on Tuesday, November 4, 2014, Pursuant to Elections Code §10002 – City Clerk Department. Presenters: Jane Chambers, City Manager and David Rapport, City Attorney. City Council Minutes for June 4, 2014, Continued: Page 4 of 5 Motion/Second: Thomas/Landis to adopt the Resolution (2014-22) calling for the holding of a General Election November 4, 2014; to consolidate said Election with the Statewide General Election pursuant to Election Code § 10403; and request the Board of Supervisors of the County of Mendocino to Request the County Clerk to Conduct the Municipal Election of the City of Ukiah on Tuesday, November 4, 2014, pursuant to Election Code §10002. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. d. Discussion of Ballot Measure on November 4, 2014 General Election Ballot Extending Existing ½ Cent Sales Tax (Measure S), Including Draft Ordinance Extending the Existing Transactions and Use Tax, Draft Resolution Establishing an Expenditure Plan and Oversight Committee, and Draft Resolution Placing Measure on Ballot – Administration. Presenters: Jane Chambers, City Manager and Chief Chris Dewey, Chief of Police. Public Comment: Allen Cherry, Ross Liberty, Pete Bushby, Tom Fletcher, and Eric Singleton. Council Consensus directs staff to consider modifying resolution based on public input and further directs City Manager to meet with the Fire Fighter’s Union Representative. a. Authorize City Manager to Enter into an Amended Dispatch Services Contract with the City Fort Bragg, for 911 and Dispatching Services – Police Department. Presenter: Chief Chris Dewey, Chief of Police. Motion/Second: Landis/Thomas to authorize the City Manager to enter into an amended dispatch services contract (COU No. 1314-235) with the City of Fort Bragg for 911 and dispatching services for a 5 year term starting in FY 2014/2015. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. b. Authorization to Provide a New Designated Period Under the PERS Contract for “Two Years Additional Service Credit”, Government Code Section 20903, for Parks/Golf Superintendent Classification – Human Resources/Risk Management Department. Presenters: Melody Harris, Human Resources/Risk Management Director and Sage Sangiacomo, Assistant City Manager. Motion/Second: Landis/Thomas to approve a new window period under the PERS Contract of 180 days from June 19, 2014 – December 15, 2014 for Two Years Additional Service Credit be granted to the Parks/Golf Superintendent classification. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. e. Adoption of Resolution Authorizing the City of Ukiah to Participate in the AB 1513 State Pilot Program for Control of Squatting in Private Residences – Administration. Presenter: Jane Chambers, City Manager. City Council Minutes for June 4, 2014, Continued: Page 5 of 5 Motion/Second: Landis/Thomas to adopt the Resolution (2014-23) authorizing the City of Ukiah to Participate in the AB 1513 (Fox) State Pilot Program for control of squatting in private residences, and authorized the City Manager to forward the request for inclusion to the State. Motion carried by the following roll call votes: AYES: Crane, Thomas, and Landis. NOES: Scalmanini. ABSENT: None. ABSTAIN: Baldwin. COUNCIL ADJOURNED TO CLOSED SESSION AT 11:07 P.M. 14. CLOSED SESSION a. Conference With Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov’t Code 54956.9(b) (1 case) b. Conference with Real Property Negotiators (§54956.8) Property: APN Nos. 002-121-20-00, 002-121-21-00, 002-121-22-00 and 002-121-23-00 Negotiator: Jane Chambers, City Manager Negotiating Parties: Robert Gitlin Under Negotiation: Price & Terms c. Conference with Real Property Negotiators (§54956.8) Property: APN Nos. 002-101-19, 20 & 21 Negotiator: Jane Chambers, City Manager Negotiating Parties: Rural Communities Housing Development Corporation (RCHDC) and City of Ukiah Under Negotiation: Price & Terms d. Conference with Real Property Negotiators_(§54956.8) Property: APN: 180-070-19-00 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and RCMC LLC. Under Negotiation: Price & Terms No action was taken on Closed Session Items. 15. ADJOURNMENT There being no further business, the meeting adjourned at 11:18 p.m. ________________________________ Kristine Lawler, City Clerk