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HomeMy WebLinkAbout2014-10-15 PacketPage 1 of 3 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 15, 2014 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Presentation: Scott Schneider of Visit Mendocino County giving an update on the Business Improvement District (BID). 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Minutes of October 1, 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 September, 2014. b. Authorize City Manager to Negotiate and Execute Lease Agreement at Airport with Northern Sky RV. c. Authorize City Manager to Negotiate and Execute Month to Month Lease Agreement at Airport for a Vehicle Storage Yard. d. Report on Rate Adjustments for Transfer Station and Garbage Collection Rates Effective January 1, 2015. Page 2 of 3 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. b. Conduct Public Hearing and Review and Comment on the Draft Environmental Impact Report for the Talmage Road/Southbound U.S. 101 On-Off Ramp Realignment Project. 12. UNFINISHED BUSINESS a. Approval of Appointment Recommendation by the City Council of the City of Ukiah to the City Selection Committee for the Mendocino County Airport Land Use Commission. 13. NEW BUSINESS a. Adoption of Resolution Making Appointments to Boards and Commissions for Term Expirations and Vacancies Relative to the Airport Commission; Building Board of Appeals; Parks, Recreation and Golf Commission; and Paths, Open Space and Creeks Commission. b. Request by Leadership Mendocino for City Sponsorship of Class 2014-2015. c. Target Setting for Electric Energy Storage Systems as per AB 2514, Consideration of the Viability of Energy Storage for the Electric Utility and Adopt Resolution (EUD). d. Consideration and Possible Approval of MOU Among NCPA Members Re: NCPA V. U.S. (EUD). 14. CLOSED SESSION – Closed Session may be held at any time during the meeting 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 c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1) and 54956.96(b)) Name of case: NCPA et al. v. United States, U.S. Court of Federal Claims no. 14-817C Page 3 of 3 d. 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 e. Conference with Real Property Negotiators (§54956.8) Property: APN 003-572-17-00 and 003-572-18-00 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Donna Mae Cooper Under Negotiation: Price & Terms f. Conference with Real Property Negotiators (§54956.8) Property: APN 002-192-1400 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Ukiah Valley Medical Center 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 10th day of October, 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 October 1, 2014 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on October 1, 2014, having been legally noticed on September 26, 2014. Mayor Baldwin called the meeting to order at 6:06 p.m. Roll was taken with the following Councilmembers Present: Steve Scalmanini (arriving at 6:08), 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 a. Presentation: Celebration of 100 years of City Management. Presenter: Jane Chambers, City Manager. 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Minutes of September 17, 2014, Regular Meeting. Motion/Second: Crane/Thomas to approve the minutes of September 17, 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. Approval of Publishing Services by Ukiah Daily Journal for Fiscal Year 2014/2015, 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. b. Report Award of Three-Year Landscape Maintenance Contract (COU No. 1314-239) at the Orchard Substation to Keough’s Landscaping, Inc. in the Amount of $14,400 – Electric Utility Department. c. Award Contract (COU No. 1415-132) to Traffic Limited for Street Striping 2014, Specification Number 14-14 in the Amount of $30,733.70 – Public Works Department. City Council Minutes for October 1, 2014, Continued: Page 2 of 5 d. Notification of Purchase of Services (PO 42554) in the Amount of $15,360 from Rau and Associates for Survey W ork at the Water Treatment Plant – Public Works Department. e. Notification of Purchase of Services (COU No. 1415-131) in the Amount of $11,000 from LACO and Associates for Phase II Environmental Assessment at 1350 Hastings Road – Electric Utility Department. Motion/Second: Crane/Thomas to approve Consent Calendar Items 7a-e 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 Public Comment: Al Holiday. 9. COUNCIL REPORTS Presenter: Councilmember Scalmanini. 10. CITY MANAGER/CITY CLERK REPORTS Presenters: Jane Chambers, City Manager; David Willoughby, Building Inspector; and Tim Eriksen, Public Works Director. 11. PUBLIC HEARINGS a. Conduct a Public Hearing to Receive Public Comment and Adopt a Resolution Approving the Community Development Block Grant (CDBG) Program Income Reuse Plan for the City of Ukiah – Community Services Department. Presenters: Shannon Riley, Program/Project Analyst and Craig Schlatter, Community Development Commission – Development and Sustainability Manager. PUBLIC HEARING WAS OPENED AT 6:41 P.M. Public Comment: Al Holiday. PUBLIC HEARING WAS CLOSED AT 6:45 P.M. Motion/Second: Crane/Thomas to adopt the resolution (2014-37) approving the proposed City of Ukiah Program Income Reuse Plan for the Community Development Block Grant (CDBG) Program. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, and Baldwin. NOES: None. ABSENT: Landis. ABSTAIN: None. b. Conduct a Public Hearing to Receive Public Comment and Adopt a Resolution Approving the Revised City of Ukiah Community Development Block Grant (CDBG) 2014 Single-Unit Housing Rehabilitation Guidelines – Community Services Department. Presenters: Shannon Riley, Program/Project Analyst and Craig Schlatter, Community Development Commission – Development and Sustainability Manager. PUBLIC HEARING WAS OPENED AT 6:47 P.M. Public Comment: Al Holiday. PUBLIC HEARING WAS CLOSED AT 6:49 P.M. City Council Minutes for October 1, 2014, Continued: Page 3 of 5 Motion/Second: Crane/Scalmanini to adopt the resolution (2014-38) approving the revised City of Ukiah 2014 Single-Unit Housing Rehabilitation Guidelines for the Community Development Block Grant (CDBG) Program. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, and Baldwin. NOES: None. ABSENT: Landis. ABSTAIN: None. 12. UNFINISHED BUSINESS a. Adoption of the Revised City of Ukiah’s Camping and Panhandling Ordinances – Police Department. Presenter: Chief Chris Dewey, Police Chief. Public Comment: Al Holiday, John McCowen (speaking as a private citizen), Judy Pruden, Peter Barret, Annie Gould, Amber (no surname provided – postponed comment), Michelle Rich, Libby Guthrie, Judy Albert, Mark Hillicker, Maureen Mulheren, Amber (no surname provided), Mary Julie Dunn, Miranda Mott, Kevin Doble, and Judy Shook. Motion/Second: Thomas/Crane to adopt the proposed revisions to the City of Ukiah Camping Ordinance. Motion carried by the following roll call votes: AYES: Crane, Thomas, and Baldwin. NOES: Scalmanini. ABSENT: Landis. ABSTAIN: None. ORDINANCE NO. 1152 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 7, CHAPTER 1, ARTICLE 8 OF THE UKIAH CITY CODE, ENTITLED “CAMPING.” Public Comment - continued: Al Holiday. Motion/Second: Thomas/Crane to adopt the proposed revisions to the City of Ukiah Panhandling Ordinance. Motion carried by the following roll call votes: AYES: Crane, Thomas, and Baldwin. NOES: Scalmanini. ABSENT: Landis. ABSTAIN: None. ORDINANCE NO. 1153 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 6092 IN DIVISION 7, CHAPTER 1, ARTICLE 9 OF THE UKIAH CITY CODE, , ENTITLED “UNLAWFUL PANHANDLING” c. Appointment of Ad/Hoc Committee Regarding Homeless Issues and Emergency Shelter and Possible Use of the Transient Occupancy Tax to Assist with Homeless Shelter Services – Administration. Presenter: Jane Chambers, City Manager. Mayor Directive and Council Consensus to appoint Councilmembers Scalmanini and Thomas to an ad hoc Committee regarding homeless issues and an emergency shelter. Public Comment: Kevin Doble, Peter Barret, Libby Guthrie, Daphne McNiel, John McCowen (speaking as a private citizen), Scott Miller, and Judy Shook. Motion by Mayor Baldwin to establish a homeless shelter assistance fund at the level of $30,000 to await the vetting by the council, the community, and the ad hoc in terms of disbursement at a later date. Motion dies for lack of a second. City Council Minutes for October 1, 2014, Continued: Page 4 of 5 RECESS: 8:32 – 8:37 P.M. b. Discuss and Adopt Resolution Adopting City of Ukiah Camping Ordinance Clean-Up Procedures – Police Department. Presenter: Chief Chris Dewey, Police Chief. Public Comment: Judy Shook, John McCowen (speaking as a private citizen), and Peter Barret. Motion/Second: Thomas/Crane to adopt a Resolution (2014-39) adopting Camping Ordinance Clean-up Procedures as in the revision submitted at the meeting by the City Attorney, with the following modifications: on page 3, change the title to “Camping Ordinance Procedures and Enforcement Priorities,” and under procedures, change section I. heading to “Camping Ordinance Clean-up Procedures;” on page 5, under number 2., change “city hall” to “Ukiah Civic Center” and delete “Alex Thomas Plaza.” Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, and Baldwin. NOES: None. ABSENT: Landis. ABSTAIN: None. e. Approval of Notice of Completion for Calvert Drive and Willow Avenue Water Main Replacement, Specification No. 13-02 – Public Works Department. Presenter: Tim Eriksen, Public Works Director. Staff Comment: Dan Hunt, Water and Sewer Maintenance Supervisor. Public Comment: Dale Cox, Whitehawk Construction; Tony Shaw; and Mark Hillicker. Motion/Second: Thomas/Scalmanini to accept the work as complete, direct the City Clerk to file the Notice of Completion with the County Recorder for Calvert Drive and Willow Avenue Water Main Replacement, Specification No. 13-02, and to establish an ad hoc committee for oversight to review the work and city processes as stated in Councilmember Crane’s memo submitted September 26, 2014. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, and Baldwin. NOES: None. ABSENT: Landis. ABSTAIN: None. Council Consensus for Mayor Baldwin and Councilmember Crane to serve on ad hoc. 13. NEW BUSINESS a. Quarterly Review of the Ukiah Valley Fire District and City of Ukiah Contract Report – Administration. Presenter: Chief Bartlett, Fire Chief. Report was received. d. Award Purchase of 2015 Ford Model F750 Truck, Standard Cab with Scelzi 2,000 Gallon Water Tank Body for the Public Works and Parks Departments to Mission Valley Ford Truck Sales in the Amount of $104,719.49 – Public Works Department. Presenter: Tim Eriksen, Public Works Director. Council Consensus directs staff to look at options provided by Councilmember Crane. CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 11:24 P.M. City Council Minutes for October 1, 2014, Continued: Page 5 of 5 14. CLOSED SESSION a. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov’t Code 54956.9(d)(1) (1 case) 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 d. 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 e. Conference with Real Property Negotiators (§54956.8) Property: APN 003-572-17-00 and 003-572-18-00 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Cooper, Donna Mae Under Negotiation: Price & Terms f. Conference with Real Property Negotiators (§54956.8) Property: APN 002-192-1400 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Ukiah Valley Medical Center Under Negotiation: Price & Terms No action was taken on Closed Session Items. 15. ADJOURNMENT There being no further business, the meeting adjourned at 11:40 p.m. ________________________________ Kristine Lawler, City Clerk Recommended Action(s): Adopt a resolution regarding the viability of energy storage for the City of Ukiah. Alternative Council Option(s): Citizens advised: Requested by: Mel Grandi, Electric Utility Director Prepared by: Diann Lucchetti, Program Coordinator Coordinated with: Jane Chambers, City Manager Attachments: Resolution ITEM NO.: MEETING DATE: 13c October 15, 2014 AGENDA SUMMARY REPORT SUBJECT: TARGET SETTING FOR ELECTRIC ENERGY STORAGE STSTEMS AS PER AB 2514, CONSIDERATION OF THE VIABILITY OF ENERGY STORAGE FOR THE ELECTRIC UTILITY AND ADOPT RESOLUTION. (EUD) Background: On September 29, 2010, the Governor signed AB 2514. This legislation is designed to encourage electric utilities to implement appropriate levels of energy storage that may be cost-effectively implemented. Accordingly, pursuant to Public Utilities Code Section 2835(b), each publicly owned electric utility is directed to initiate a process to determine appropriate targets, if any, for the utility to procure viable and cost-effective energy storage systems. If it is determined that viable and cost effective energy storage systems can be deployed by December 31, 2016 and a second target by December 31, 2021, the publicly owned utility shall adopt the procurement targets. Energy storage systems are defined in the legislation to mean "commercially available technology that is capable of absorbing energy, storing it for a period of time, and thereafter dispatching the energy." Further, to be viable, the energy storage system must "be cost effective and either reduce emissions of greenhouse gases, reduce demand for peak electrical generation, defer or substitute for an investment in generation, transmission, or distribution assets, or improve the reliable operation of the electrical transmission grid. Conversations with other electric utilities, and a review of "Electricity Energy Storage Technology Option- A White Paper on applications, costs and benefits" written by the Electrical Power Research Institute (EPRI), do not point to reasonably clear examples of commercially available, viable and cost-effective energy storage systems suitable for the City of Ukiah at this time. Given the City’s current cost for and surplus of capacity, energy storage is clearly not economically viable at this time. Staff plans to continue to look for suitable local energy storage systems in accordance with AB 2514. RECOMMENDATION: a) The City Council of Ukiah finds that commercially available energy storage systems are not currently viable and cost effective for the city at this time, and the City is not adopting procurement targets at this time. b) Council directs staff to continue to evaluate energy storage systems and look for viable and cost effective systems. c) Council directs staff to formally reevaluate energy storage systems not less than every three years as required by AB 2514. 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 $ RESOLUTION NO. 2014-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REGARDING THE VIABILITY OF ENERGYSTORAGE FOR THE CITY OF UKIAH WHEREAS, on May 16, 2012, the City Council authorized the Electric Utility Director to initiate a process to determine appropriate Energy Storage Capacity Target in accordance with AB 2514; and WHEREAS, the law requires the governing board of each publicly-owned utility to initiate a process for determining targets for energy storage systems; and WHEREAS, staff has reviewed a report issued by the Electrical Power Research Institute (EPRI) entitled "Electricity Energy Storage Technology Option- A White Paper Primer on Applications, Costs and Benefits," and this report determined that many of the energy storage options outlined have not been fully validated, and thus are not "grid-ready"; and WHEREAS, staff has closely reviewed the service territory's load shape, geographic location, type of customers served, and existing generation portfolio, and with a reasonably high load factor and the current low cost of investment in generation, has determined that the economics behind energy storage deem it not cost-effective at this time. NOW, THEREFORE, BE IT RESOLVED that the Ukiah City Council does hereby support the staff assessment that no cost-effective energy storage systems are viable for the Ukiah community at this time. PASSED AND ADOPTED by the Ukiah City Council on October 15, 2014, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ___________________________ Philip E. Baldwin, Mayor ATTEST: ___________________________ Kristine Lawler, City Clerk Recommended Action(s): Approval of MOU Among NCPA Members and Authorize the City Manager to Execute All Necessary Documents. (EUD) Alternative Council Option(s): Citizens advised: Requested by: Mel Grandi, Electric Utility Director Prepared by: Mel Grandi, Electric Utility Director & Diann Lucchetti Electric Utility Program Coordinator Coordinated with: Jane Chambers, City Manager and David Rapport, City Attorney Attachments: ITEM NO.: MEETING DATE: 13d October 15, 2014 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND POSSIBLE APPROVAL OF MOU AMONG NCPA MEMBERS RE: NCPA V. U.S. (EUD) Closed session discussion dealing with existing Litigation (Govt. C. sec. 54956.9((d) (1). Name of case: NCPA et al. v. United States, U.S. Court of Federal Claims no. 14-817C. 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 $