HomeMy WebLinkAbout2014-10-15 CC Minutes CITY OF UKIAH
I CITY COUNCIL MINUTES I
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
October 15, 2014
6:00 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on October 15, 2014, having been legally noticed on
October 10, 2014. Mayor Baldwin called the meeting to order at 6:04 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: Scott Schneider of Visit Mendocino County giving an update on the
Business Improvement District (BID).
Presenter: Scott Schneider, Visit Mendocino County, Inc. President and CEO.
4. PETITIONS AND COMMUNICATIONS
IPresenter: Vice Mayor Landis.
5. APPROVAL OF MINUTES
a. Minutes of October 1, 2014, Regular Meeting.
MotionlSecond: Crane/Thomas to approve the minutes of October 1, 2014, a Regular Meeting 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
7. CONSENT CALENDAR
a. Report of Disbursements for the Month of September, 2014 — Finance Department.
b. o .ti r'� nn . ni �� � .� � � i o ..�..� n�. ...' ,.;.ti ni...�}�2Fq
c�„ o��_q;;P..� Pulled by Councilmember Scalmanini and p/aced as Agenda Item 13e.
c.
Pulled by Councilmember Sca/manini and placed
as Agenda Item 13f.
d. Report on Rate Adjustments for Transfer Station and Garbage Collection Rates Effective
January 1, 2015 — Finance Department.
� Page 1 of 7 �
� City Council Minutes for October 15, 2014, Continued: Page 2 of 7
Motion/Second: Landis/Thomas to approve Consent Calendar Items 7a and 7d 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: Susan Baird, Health and Human Services Agency Advisor Board; Jim Lohr;
Marlene Shupe (remarks attached per Vice Mayor Landis' offer to public regarding polystyrene
comments); Jim Brown; and Christoph Klinger.
9. COUNCIL REPORTS
Presenters: Vice Mayor Landis and Councilmembers Thomas and Crane.
Staff Comment: Sage Sangiacomo, Assistant City Manager.
10. CITY MANAGER/CITY CLERK REPORTS
Presenters: Jane Chambers City Manager; Rick Seanor, Deputy Public Works Director; and Sage
Sangiacomo, Assistant City Manager.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS - Continued
Public Comment: Libby Guthrie and John McCowen.
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.
Presenter: Charlie Stump, Planning and Community Development Director.
PUBLIC HEAR/NG RECONVENED FROM SEPTEMBER 3, 2014, AT 7:01 P.M.
Public Comment: Norman Hudson, Contractor; John Curry; Maureen Mulheren; and John
McCowen (Speaking as a private citizen.)
PUBLIC NEAR/NG ADJOURNED AT 7 35 P.M. (Public Hearing will be reconvened on November
19, 2014)
Motion/Second: Scalmanini/Thomas to continue to monitor the adopted Compliance Schedule
and continue to exercise direct oversight of the owner's progress, to direct staff to bring an update
back on November 5, 2014, and to continue public hearing to November 19, 2014. Motion carried
by the following roll call votes: AYES: Scalmanini, Crane, Thomas, and Baldwin. NOES: Landis.
ABSENT: None. ABSTAIN: None.
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.
Presenters: Charlie Stump, Planning and Community Development Director and Leonard Charles,
Leonard Charles and Associates.
PUBLIC HEAR/NG OPENED AT 8:11 P.M. I
Public Comment: Jim Houle and Greg Hoyt. I
City Council Minutes for October 15, 2014, Continued: Page 3 of 7
PUBLIC HEARING CLOSED AT 8:22 P.M.
RECESS: 8:23— 8:30 P.M.
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 —Airport. '
Presenter: Greg Owen, Airport Manager. i
Motion/Second: Landis/Crane to approve appointment recommendation by the City Council of the
City of Ukiah to the City Selection Committee for Randy Beckler to be appointed to the open
position on the Mendocino County Airport Land Use Commission. Motion carried by the following
roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT:
None. ABSTAIN: None.
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 — City Clerk Department.
Presenter: Kristine Lawler, City Clerk.
Nomination by Councilmember Crane, seconded by Councilmember Thomas to appoint Randal S.
Beckler to the City Resident position on the Airport Commission. Motion carried by the following
roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT:
None. ABSTAIN: None.
Nomination by Councilmember Scalmanini, seconded by Vice Mayor Landis to appoint Greg Hoyt
to the Member position on the Building Board of Appeals. Motion carried by the following roll call
votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None.
ABSTAIN: None.
Nomination by Councilmember Thomas, seconded by Councilmember Crane to appoint Henry T.
Sadowski to an At-Large position on the Parks, Recreation and Golf Commission. Motion carried
by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES:
None. ABSENT: None. ABSTAIN: None.
Nomination by Vice Mayor Landis, seconded by Councilmember Thomas to appoint Faye Hefte to
I the Women's Golf Club Member position on the Parks, Recreation and Golf Commission. Motion
carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin.
NOES: None. ABSENT: None. ABSTAIN: None.
Nomination by Councilmember Thomas, seconded by Vice Mayor Landis to appoint Dan W.
Holbrook to the City Resident position on the Paths, Open Space and Creeks Commission. Motion
carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin.
NOES: None. ABSENT: None. ABSTAIN: None.
Nomination by Vice Mayor Landis, seconded by Councilmember Crane to appoint David Grim to
the City Sphere of Influence position on the Paths, Open Space and Creeks Commission,
approving a city resident for this position. Motion carried by the following roll call votes: AYES:
Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None.
I City Council Minutes for October 15, 2014, Continued: Page 4 of 7
Motion/Second: Landis/Thomas to adopt a resolution (2014-40) making all appointments to the
Airport Commission; Building Board of Appeals; Parks, Recreation and Golf Commission; and the
Paths, Open Space and Creeks Commission. Motion carried by the following roll call votes: AYES:
Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None.
b. Request by Leadership Mendocino for City Sponsorship of Class 2014-2015 —
Administration.
Presenters: Jane Chambers, City Manager and Heidi Dickerson, Leadership Mendocino Director.
Motion/Second: Crane/Landis to contribute $1,000 to Leadership Mendocino for programs and
class days for 2014-2015. Motion carried by the following roll call votes: AYES: Scalmanini, Crane,
' Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None.
Ic. 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 — Electric
Utility Department.
Presenter: Mel Grandi, Electric Utility Department Director.
Motion/Second: Crane/Landis to adopt a resolution (2014-41) regarding the viability of energy
storage for the City of Ukiah. Motion carried by the following roll call votes: AYES: Scalmanini,
Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None.
e. Authorize City Manager to Negotiate and Execute Lease Agreement at Airport with
Northern Sky RV — Airport— Pul/ed by Councilmember Scalmanini from Consent Calendar
I Item 7b.
f. Authorize City Manager to Negotiate and Execute Month to Month Lease Agreement
at Airport for a Vehicle Storage Yard — Airport — Pulled by Councilmember Scalmanini
from Consent Calendar Item 7c.
Presenter: Greg Owen, Airport Director.
Motion/Second: Scalmanini/Landis to authorize City Manager to negotiate and execute lease
i agreement (COU No. 1415-137) with Northern Sky RV, and to authorize City Manager to negotiate
and execute month to month lease agreement (COU No. 1415-138) for vehicle storage yard and
building. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis
and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None.
CITY COUNCIL ADJOURNED TO CLOSED SESSION A T 9:05 P.M.
d. Consideration and Possible Approval of MOU Among NCPA Members Re: NCPA V.
U.S. — Electric Utility Department.
Presenter: Mel Grandi, Electric Utility Department Director.
CITY COUNC/L RECONVENED /N OPEN SESSION AT 9:24 P.M.
Motion/Second: Crane/Landis to approve of MOU (COU No. 1415-139) among NCPA Members
and authorize the City Manager to execute all necessary documents. Motion carried by the
following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None.
ABSENT: None. ABSTAIN: None.
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City Council Minutes for Oc±obe� 15 2014. Continued: Page 5 of 7 I
14. CLOSED SESSION
a. Conference with Leqal Counsel — Pendinq Litiqation
Initiation of litigation pursuant to Government Code Section 54956.9(c): (1 case)
b. Conference with Leqal Counsel — Existinq Litiqation
(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 Leqal Counsel — Existinq Litiqation
(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
d. Conference with Real Propertv Nectotiators (654956.8)
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 Propertv Neqotiators (§54956.8) I
Property: APN 003-572-17-00 and 003-572-18-00 Negotiator: Jane Chambers, City i
Manager
Negotiating Parties: City of Ukiah and Donna Mae Cooper
Under Negotiation: Price & Terms
f. Conference with Real Propertv Neqotiators (§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
Council Action was taken on Closed Session agenda item 14c, which is shown above as the
agenda item 13d motion. No action was taken on remaining Closed Session items.
15. ADJOURNMENT
There being no further business, the meeting adjourned at 9:29 p.m.
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� ! I:)�� d 1,� G�LZ�L �. �L ' _
Kristine Lawler, City Clerk
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City Council Minutes for October 15, 2014, Continued: Page 6 of 7
I From Agenda Item 8:
Marlene Schupe (requested comments to be added to minutes per Vice Mayor Landis'offer)
Can I ask a couple of questions first?
So you're saying this is a non-agenda item, has this been continued to a different date?
(Counci/ responds the 5�" of November at 6 pm, with the public hearings happening after the first 15
minutes)
Ok, because I was told 6:15, ok, so I'll give you that.
Ok, well in a way thaYs a good thing because I have some literature for you guys, so this will give you an
opportunity to review what I'm giving you, and I only made six copies. So I guess I don't have enough for
everybody, but anyway I will leave these with you.
As I have mentioned many times in the polystyrene debate, there's two compact, excuse me a machine
thaYs about the size of two freezers that will compact an 8 foot by 8 foot glob of polystyrene into about a
12 inch by 12 inch block. Which can then be sent to manufacturers and sold, in fact, for money.
Unfortunately, I was here during the garbage contracts discussions, and polystyrene was not put into
I those contracts. So there's nobody up here recycling polystyrene, but in the Bay Area they've been
recycling it for over 30 years and utilizing these machines.
To penalize the least of our community to the carelessness of a few is not forward thinking. And
Plowshares, Senior Meals on Wheels, local small delis, and local cafes are already struggling to survive.
Doubling or tripling their packaging costs could be their death now. I sell this product, all these products,
and I make more money on what you guys are suggesting what we go to. So I'm not doing this for Ukiah
Paper. You have to understand, I should be going "Yeah." But I'm looking at the big picture. And the big
picture is that if these guys don't survive, then all of us are going to suffer. Tax base is going to suffer, my
business is going to suffer. And all of us as tax payers and people who go out to lunch and dinner and
breakfast, are going to pay more for their product, because this is going to further inflation as well.
Part of my question is, do we really need to initiate this when we're just coming out of the biggest
recession that probably any of us here has ever experienced. Should we regulate and shackle increased
cost to our local businesses at a critical time of our recovery.
I have given you some websites, some additional information which you may or may not have received on
some things that I've talked about before with the Board of Supervisors concerning polystyrene and also
I the myth around paper verses polystyrene. Kind of in a nut shell, when you make paper you cut down a
tree. There's no other way to get it. Current laws, so far as I know unless something's changed in the last
few months, you cannot make any food packaging out of recycled products. It's currently against the law;
for health reasons it makes sense. So you have to cut a virgin tree to make paper. You can use other
things to make paper, like sugar cane and we've discussed that, but the bulk of it is paper. Our landfills
are currently filled with 40% paper; before all of us go to paper bags, which we've discussed, and more
paper packaging. Our landfills are going to be overflowing, where polystyrene can be recycled. It can
be put in these machines, pop out little pellets, and recycled into things like Styrofoam to build houses.
I They can't be made back into food packaging, of course.
On the contrary, Styrofoam is actually made when you refine oil. There's many things thaYs made from
the goo thaYs left over. One of them is plastics, one of them is polystyrene. So when you make
polystyrene, you're basically making it from trash. ThaYs why it's so cheap, because you don't have to
take a natural resource and destroy it. It's already garbage.
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City Council Minutes for October 15, 2014, Continued: Page 7 of 7
(Mayor/eYs speaker know that time is up, but she will have another opportunity) I
But I want you guys to have this opportunity so that you can...
(Council decides to let her have additional time to speak)
Pm not going to go into all this because you guys can read it. Polystyrene in the past, you know some of I
the bugaboos is that people were concerned because it had Chlorofluorocarbons in the process of making
it, that was discontinued well over 20 years ago. I give you resources and things so you know that I'm just
not saying this because I feel like saying this. I've actually quoted resources that you can check out,
conservatry (sic) and all sorts of people that have nothing to do with the paper business.
Anyway, like I said for Ukiah Paper, Yeah, we make more money, but really what I'm looking at is taking
care of our community, our businesses, keeping our tax base here, instead of shipping it to the big
' corporations that don't pay any taxes hardly at all here.
So I'll leave these copies with you I take it? (gives copies to clerk for distribution) and I will see you next
month.
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