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HomeMy WebLinkAbout2014-08-20 PacketPage 1 of 2 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 August 20, 2014 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Minutes of August 6, 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 July, 2014. b. Adopt Ordinance Amending The Airport Industrial Park Planned Development To Establish An Open Space Land Use Designation And To Designate The Existing 2.47 Acre Area Pond And Wetland Area As “Open Space.” c. Report Purchase of a Replacement Truck from Ukiah Ford in the Amount of $23,325.49 for the Parks Department. d. Award Professional Services Agreement to GHD Inc. for Construction Management and Inspection Services for the Northwestern Pacific Rail Trail Project Phase 1, Specification No. 14-01 and Approve Budget Amendment. e. Authorize City Manager to: 1) Negotiate and Execute A 3-Year Agreement with Cooper Compliance Corporation for an Not to Exceed Amount of $32,000 Per Year for Compliance and Reporting Services (EUD). 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. Page 2 of 2 9. COUNCIL REPORTS 10. CITY MANAGER/CITY CLERK REPORTS 11. PUBLIC HEARINGS (6:15 PM) 12. UNFINISHED BUSINESS a. Presentation of 2014/2015 Public Benefits Programs for Commercial and Residential Electric Customers (EUD). b. Report on Status of Ordinance Consideration Regarding “Disposable Food Ware.” 13. NEW BUSINESS a. Award Contract for Slurry Seal of Local Streets and Airport Aprons, Specification No. 14-12. b. Determine if Chipotle Mexican Grill is or is Not a Formula Fast Food Restaurant as Defined in the Downtown Zoning Code. c. Adoption of Resolution Adopting the Phase III Plan of the North Coast Resource Partnership (NCRP). 14. CLOSED SESSION – Closed Session may be held at any time during the meeting a. 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 b. Conference with Real Property Negotiators (§54956.8) Property: APN 180-070-19 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and RCMC, LLC 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 15th day of August, 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 August 6, 2014 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on August 6, 2014, having been legally noticed on August 1, 2014. Mayor Baldwin called the meeting to order at 6:02 p.m. Roll was taken with the following Councilmembers Present: Steve Scalmanini, Douglas F. Crane, Benj Thomas, and Mayor Phil Baldwin. Absent by Prearrangement: Vice Mayor Mary Anne Landis Staff Present: Jane Chambers, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Minutes of July 16, 2014, Regular Meeting. Motion/Second: Thomas/Scalmanini to approve the minutes of July 16, 2014, a Regular Meeting as submitted. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, and Baldwin. NOES: None. ABSENT: Landis. ABSTAIN: None. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Report Payment for Mediation Services Related to Lawsuit City of Ukiah vs. Ukiah Valley Sanitation District – Administration. b. Notification to City Council of Expenditure for Rubber Glove Training for the Electrical Utility Department to Mel Deroza & Associates in the Amount of $17,208.40 – Electric Utility Department. c. Review and Approve Changes Made to the Sewer System Management Plan for the 5 Year Audit Period and Recertify the Document – Public Works Department. Motion/Second: Crane/Thomas to approve Consent Calendar Items 7a-c, as submitted. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, and Baldwin. NOES: None. ABSENT: Landis. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Presenter: Becky Thune. 9. COUNCIL REPORTS Presenters: Councilmember Thomas and Mayor Baldwin. City Council Minutes for August 6, 2014, Continued: Page 2 of 5 10. CITY MANAGER/CITY CLERK REPORTS Presenters: Jane Chambers, City Manager; Tim Eriksen, Public Works Director; and Kristine Lawler, City Clerk. 11. PUBLIC HEARINGS 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 – Planning and Community Development Department. Presenters: Charley Stump, Planning and Community Development Department and David Rapport, City Attorney. PUBLIC HEARING WAS OPENED AT 6:30 P.M. Property Representatives: Lisa Mammina (reading a prepared statement from Eladia Laines) and Norm Hudson, Contractor. MAYOR BALDWIN PASSED THE GAVEL AT 6:40 P.M. MAYOR PRO-TEM THOMAS PRESIDING. MAYOR BALDWIN PRESIDING AT 6:45 P.M. Public Comment: Bruni Kobbe, (Unknown man – speaking off topic), Ernie Olson, Tom Liden, Becky Thune, Mark Hilliker, Lisa Mammina, and John McCowen (speaking as a private citizen). PUBLIC HEARING WAS CLOSED AT 7:17 P.M. Recommended Motion/Second: Scalmanini/Crane to adopt the Compliance Schedule and for the Council to continue to exercise direct oversight of the owner’s progress; have the City Building Inspector verify that the building is secure within two weeks; file with the Planning Director evidence of the escrow account and the contract with the contractor within three weeks; and submission of the Work Plan to Cal OSHA and the Mendocino County Air Quality Management District (MCAQMD) by September 2, 2014. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, and Baldwin. NOES: Thomas. ABSENT: Landis. ABSTAIN: None. RECESS: 8:05 – 8:09 P.M. b. Introduce Ordinance Amending the Airport Industrial Park Planned Development to Establish an Open Space Land Use Designation and to Designate the Existing 2.47 Acre Area Pond and Wetland Area as “Open Space” – Planning and Community Development Department. Presenters: Charley Stump, Planning and Community Services Director and David Rapport, City Attorney. PUBLIC HEARING WAS OPENED AT 8:21 P.M. Public Comment: Mary Anne Miller, Bruni Kobbe, Chuck Williams, and Marigold Klein. PUBLIC HEARING WAS CLOSED AT 8:37 P.M. City Council Minutes for August 6, 2014, Continued: Page 3 of 5 Motion/Second: Crane/Thomas to introduce the Ordinance by title only. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, and Baldwin. NOES: None. ABSENT: Landis. ABSTAIN: None. City Clerk, Kristine Lawler, read the Ordinance title. Motion/Second: Thomas/Crane to introduce an Ordinance amending the Airport Industrial Park Planned Development to establish an Open Space Land Use designation and to designate the existing 2.47 acre area pond and wetland area as “Open Space.” Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, and Baldwin. NOES: None. ABSENT: Landis. ABSTAIN: None. 13. NEW BUSINESS b. Adopt an Urgency Ordinance of the City Council of the City of Ukiah Amending Sections 3603 and 3605 in Division 4, Article 11 of the Ukiah City Code Concerning Stage I and Stage II Water Emergencies and Adopt a Resolution Declaring a Stage I Water Emergency – Public Works Department. Presenter: Tim Eriksen, Public Works Director. Public Comment: Beth (Surname not provided), Chuck Williams, Mark Hilliker, and Becky Thune. Motion/Second: Crane/Thomas to adopt an Urgency Ordinance of the City Council of The City of Ukiah amending Sections 3603 and 3605 in Division 4, Article 11 of the Ukiah City Code Concerning Stage I and stage II Water Emergencies. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, and Baldwin. NOES: None. ABSENT: Landis. ABSTAIN: None. Councilmember Crane read the Ordinance title. ORDINANCE NO. 1150XXXX URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTIONS 3603 AND 3605 IN DIVISION 4, ARTICLE 11 OF THE UKIAH CITY CODE CONCERNING STAGE I AND STAGE II WATER EMERGENCIES Motion/Second: Crane/Thomas to adopt a Resolution (2014-31) declaring a Stage I water emergency. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, and Baldwin. NOES: None. ABSENT: Landis. ABSTAIN: None. MAYOR BALDWIN PASSED THE GAVEL AND WAS EXCUSED AT 9:23 P.M. MAYOR PRO-TEM THOMAS PRESIDING. 12. UNFINISHED BUSINESS a. Receive Status Report on Grace Hudson Museum’s Nature Education Grant Project; Authorize Contract Amendment for Ann Baker Landscape Architecture to Provide the Design and Plans for the Cleveland Lane Stormwater Retention Basin Infrastructure in the Amount of $37,106 and Corresponding Budget Amendment from the Cleveland Lane Drainage Capital Improvement Fund – Community Services Department. Presenters: Sherrie Smith-Ferri, Museum Director and Tim Eriksen, Public Works Director. Public Comment: Linda Sanders, Chuck Williams, and Mark Hilliker. City Council Minutes for August 6, 2014, Continued: Page 4 of 5 Motion/Second: Crane/Scalmanini to authorize contract amendment (COU No. 1314-190-A1) with Ann Baker Landscape Architecture in an amount of $37,106, and corresponding budget amendment from the Cleveland Lane Capital Improvement Fund. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, and Thomas. NOES: None. ABSENT: Landis and Baldwin. ABSTAIN: None. b. Award of Contract for Northwestern Pacific Rail Trail Project Phase 1, Specification No. 14-01 – Public Works Department. Presenter: Tim Eriksen, Public Works Director. Public Comment: Miranda Mott, John McCowen, and Chuck Williams. Motion/Second: Crane/Scalmanini to award contract (COU No. 1415-108) for NWP Rail Trail Project Phase 1, Specification No. 14-01, to the lowest responsive, responsible bidder based on bids submitted on August 5, 2014. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, and Thomas. NOES: None. ABSENT: Landis and Baldwin. ABSTAIN: None. 13. NEW BUSINESS a. Appointment of Ad Hoc for Electric Grid Operational Improvements Associated with Communications and Personnel Reporting – Electric Utilities Department. Presenter: Mel Grandi, Electric Utilities Director. Motion/Second: Crane/Scalmanini to appoint Councilmember Crane and Councilmember Scalmanini to serve on an Ad Hoc for electric grid operational improvements associated with communications and personnel reporting. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, and Thomas. NOES: None. ABSENT: Landis and Baldwin. ABSTAIN: None. c. Award a Not to Exceed Professional Services Agreement in the Amount of $36,925 to Gates and Associates for Preparation of the Gobbi Street Gateway Streetscape Study and Approve Budget Amendment – Public Works Department. Presenter: Tim Eriksen, Public Works Director. Motion/Second: Crane/Scalmanini to award a not-to-exceed professional services agreement (COU No. 1415-109) in the amount of $36,925 to Gates and Associates for preparation of Gobbi Street Gateway Streetscape Study, and approve budget amendment. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, and Thomas. NOES: None. ABSENT: Landis and Baldwin. ABSTAIN: None. CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 10:00 P.M. 14. CLOSED SESSION a. Conference With Legal Counsel – Pending Litigation Initiation of litigation pursuant to Government Code Section 54956.9(c): (1 case) b. 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 No action was taken on Closed Session Items. City Council Minutes for August 6, 2014, Continued: Page 5 of 5 15. ADJOURNMENT There being no further business, the meeting adjourned at 10:15 p.m. ________________________________ Kristine Lawler, City Clerk Recommended Action(s): Adopt resolution to adopt the Phase III plan of the North Coast Resource Partnership. Alternative Council Option(s): N/A Citizens advised: Requested by: Jane Chambers, City Manager Prepared by: Jarod Thiele, Public Works Project Analyst Coordinated with: Tim Eriksen, Director of Public Works/City Engineer Attachments: Resolution ITEM NO.: MEETING DATE: 13c August 20, 2014 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION ADOPTING THE PHASE III PLAN OF THE NORTH COAST RECOURCE PARTNERSHIP (NCRP) Background: The North Coast Resource Partnership (NCRP) is an innovative, stakeholder-driven collaboration among local governments, Tribes, watershed groups, and other interested partners focused on integrated resource planning and local project implementation in California’s North Coast region. Initiated in 2005, the NCRP engages in various planning tasks, including the development and regular updates of the North Coast Integrated Regional Water Management Plan (NCIRWMP). The NCIRWMP was adopted by the NCRP in 2005 and again in 2007 was updated in 2014 and represents the third iteration (Phase III) of the NCIRWMP. The overarching themes that have guided development, implementation, and evaluation of the NCIRWMP are beneficial uses of water, salmonid enhancement, energy independence, climate adaptation/mitigation, economic vitality, local autonomy, intraregional cooperation, and adaptive management. The NCIRWMP is by design a voluntary, non-regulatory, stakeholder-driven planning framework meant to emphasize shared priorities and local autonomy, authority, knowledge, and approaches to achieving Tribal, state, regional, and local priorities related to North Coast water infrastructure, watersheds, public health, and economic vitality. The NCIRWMP focuses on areas of common interest and concern to North Coast stakeholders and on attracting funding to the North Coast Region, and recognizes unique local solutions in different parts of the Region. Discussion: The City of Ukiah has received grant funding through the NCRP in an amount that exceeds $3,500,000. As this funding will be used for water and waste water infrastructure projects, adoption of the NCRP’s Phase III plan is necessary. The entire plan can be found at the following web address: http://www.northcoastirwmp.net/docManager/1000009825/NCIRWMP_PhaseIII_Aug14_final.pdf Fiscal Impact: Budgeted FY 14/15 New Appropriation X Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested