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Home My WebLink About2017-11-15 CC Minutes1 1 1 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 November 15, 2017 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE Ukiah City Council met at a Regular Meeting on November 1, 2017, having been legally noticed on November 9, 2017. Mayor Brown called the meeting to order at 6:01 p.m. Roll was taken with the following Councilmembers Present: Stephen G. Scalmanini, Douglas F. Crane, Maureen Mulheren, Kevin Doble, and Jim O. Brown. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. MAYOR BROWN PRESIDING. The Pledge of Allegiance was led by Vice Mayor Doble. Mayor Brown led a moment of silence for former Councilmember and Mayor, Benj Thomas. Councilmember Crane commented on having served with Benj on the Council and appreciated his insights and kind heart. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Status Report, Discussion and Possible Action Regarding the Ukiah Valley Sanitation District's Litigation Against the City of Ukiah Related to the Operation of the Sanitary Sewer System — Administration. Presenter: Sage Sangiacomo, City Manager. 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Approval of the November 1, 2017, Regular Meeting Minutes. b. Approval of the November 6, 2017, Special Meeting Minutes. Motion/Second: Crane/Doble to approve Minutes of November 1, 2017, a regular meeting, with the mentioned administrative correction; and November 6, 2017, a Special meeting, as submitted. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble and Brown. NOES: None. ABSENT: None. ABSTAIN: None. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR Public Comment: Barry Vogel. a. Report of Disbursements for the Month of October 2017 - Finance. Page 1 of 5 City Council Minutes for November 15, 2017, Continued: b. Approval of Notice of Completion for the Perkins Street Underground District #2 Project, Specification No. 14-15, and Approval of Final Payment of the 5% Retention to Coastside Concrete (EUD) — Electric Utility. c. Approve the Purchase of Printing Services (COU No. 1718-145) for the Activities and Recreation Guide from Wesco Graphics in the Amount of $45,127.62 Plus Tax — Community Services. d. Approval of Ukiah Valley Fire District and City of Ukiah Employee Transfer Agreement (COU No. 1718-146) — Administration and Fire. for Notice of a Proposed Utility Rate Change Finance. Pulled by public citizen, Barry Vogel, and placed as Agenda Item 13b. f. Notification to City Council of Amendment No. 2 for Contract #1617-220 (COU No. 1617-220- A2), with Lee Mechanical, Inc. for the Repair of 54 -inch Valve Bearing for a Total Contract Amount of $15,989.56 (EUD) — Electric Utility. Motion/Second: Crane/Doble to approve Consent Calendar Items 7a -d, and 7f, as submitted. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON -AGENDA ITEMS No public comment was received. 9. COUNCIL REPORTS Presenters: Councilmembers Crane and Scalmanini. 8. AUDIENCE COMMENTS ON NON -AGENDA ITEMS - Continued Public Comment: Barry Vogel — Garbage and collection rate change. (Mr. Vogel submitted a Public Record Act request to the clerk.) 10. CITY MANAGER/CITY CLERK REPORTS Presenters: Sage Sangiacomo, City Manager; Kirk Thomsen, Interim Fire Chief; and Kristine Lawler, City Clerk. 13. NEW BUSINESS b. Possible Adoption of an Ordinance of the City Council of the City of Ukiah Amending Section 3951 of Article 1 to Chapter 6 in Division 4 of the Ukiah City Code, Regarding the Requirements for Notice of a Proposed Utility Rate Change — Finance (From Consent Calendar Agenda Item 7e.) Presenter: David Rapport, City Attorney. Public Comment: Barry Vogel. Motion/Second: Crane/Scalmanini to adopt the Utility Rate Change Ordinance. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. ORDINANCE 1184 1 1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 3951 OF ARTICLE 1 TO CHAPTER 6 IN DIVISION 4 OF THE UKIAH CITY CODE, REGARDING THE REQUIREMENTS FOR NOTICE OF A PROPOSED UTILITY RATE CHANGE Page 2 of 5 City Council Minutes for November 15, 2017, Continued: 11. PUBLIC HEARINGS 6:15 PM) a. Discussion and Possible Adoption of Resolution Amending Aviation Fuel Prices at the Ukiah Regional Airport. Presenter: Greg Owen, Airport Manager. PUBLIC HEARING OPENED AT 6:27 P.M. Public Comment: No public comment was received. PUBLIC HEARING CLOSED AT 6:30 P.M. Motion/Second: Crane/Scalmanini to adopt the Resolution (2017-53) amending the aviation fuel prices at the Ukiah Regional Airport. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. b. Conduct a Public Hearing and Adopt Resolution to Establish the Gobbi Street Underground District No. 3 Gobbi Street from Orchard Ave. to State Street Including Sections of Main Street and Leslie Street, Its Boundaries, Proposed Schedule. (EUD) Presenter: Mel Grandi, Electric Utility Director. PUBLIC HEARING OPENED AT 6:31 P.M. Public hearing was continued to later in the meeting due to technical difficulties. 12. UNFINISHED BUSINESS a. Conduct Interviews, Review the Nomination Received, and Adopt a Resolution Making an Appointment to the Parks, Recreation, and Golf Commission. Presenter: Kristine Lawler, City Clerk. Public Comment: Henry Sadowski and John Johns. Motion/Second: Mulheren/Crane to approve the nomination and adopt the proposed resolution (2017-54) appointing Henry Sadowski to the Parks, Recreation, and Golf Commission with a term ending November 15, 2020. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. 11. PUBLIC HEARINGS - Continued b. Conduct a Public Hearing and Adopt Resolution to Establish the Gobbi Street Underground District No. 3 Gobbi Street from Orchard Ave. to State Street Including Sections of Main Street and Leslie Street, Its Boundaries, Proposed Schedule. (EUD) Presenter: Mel Grandi, Electric Utility Director. Public hearing was continued to later in the meeting due to additional technical difficulties. 12. UNFINISHED BUSINESS - Continued b. Discussion and Request for Direction on the Proposed Cannabis Cultivation Ordinance. Presenters: Darcy Vaughn, Assistant City Attorney, and Craig Schlatter, Community Development Director. Public Comment: Pinky Kushner; Nicole Gilentzer, Ukiah Unified School District; and Don Crawford. Council Consensus to direct staff to bring the ordinance for introduction at the December 6, 2017, meeting, and include language defining an immature plant as a plant that hasn't flowered and is no more than a foot high and a foot wide. Councilmembers wishing to submit additional language to be considered, will do so as soon as possible. Page 3 of 5 City Council Minutes for November 15, 2017, Continued: RECESS 7:34 — 7:44 P.M. 11. PUBLIC HEARINGS - Continued b. Conduct a Public Hearing and Adopt Resolution to Establish the Gobbi Street Underground District No. 3 Gobbi Street from Orchard Ave. to State Street Including Sections of Main Street and Leslie Street, Its Boundaries, Proposed Schedule. (EUD) Presenters: Mel Grandi, Electric Utility Director; Al Smatsky, Electric Projects Designer; and Diann Lucchetti, Administrative Secretary. PUBLIC HEARING CONTINUED FROM 6:31 P.M. (Earlier in the meeting.) Public Comment: John Kuhry, Economic Development and Financing Corporation (EDFC). PUBLIC HEARING CLOSED AT 8:03 P.M. Motion/Second: Doble/Crane to continue the public hearing to the December 6, 2017, City Council meeting, for modifications to include Marshall Street and notifications to property owners. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. 12. UNFINISHED BUSINESS - Continued c. Receive Report Regarding the Economic Development and Financing Corporation (EDFC); Consideration of Request for Funding from EDFC; and Request for Authorization for the City Manager to Negotiate and Execute Performance Agreement Between the City of Ukiah and EDFC. Presenter: Shannon Riley, Deputy City Manager. EDFC Representative: Diane Simmons, Economic Development Financing Corporation (EDFC) Program Director. Public Comment: John Kuhry, EDFC Boardmember. Motion/Second: Crane/Doble to approve the expenditure to the Economic Development and Financing Corporation (EDFC) ($12,000 for the 17/18 fiscal year), and authorize the City Manager to negotiate and execute Performance Agreement (COU No. 1718-147) between the City of Ukiah and EDFC. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. Council Consensus directs staff to work with EDFC and the other jurisdictions to create a better performance agreement before the February budget/goal priority setting workshop. 13. NEW BUSINESS - Continued a. Discussion of the Fiscal Year 2018-19 Budget Development Schedule. Presenter: Daphne Harris, Finance Management Analyst. Council Consensus to accept the budget development and adoption schedule for the 2018-19 fiscal year. CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 9:10 P.M. Page 4 of 5 1 1 1 City Council Minutes for November 15, 2017, Continued: 14. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation (Cal. Gov't Code Section 54956.9(d)(1)) Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case No. SCUK- CVPT-15-66036 (Palace Hotel) 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, Sonoma County Superior Court, Case No. SCV 256737 (UVSD) c. Conference with Real Property Negotiators (Cal. Gov't Code Section 54956.8) Property: 429 South Dora St. Ukiah, CA 95482 Negotiator: Sage Sangiacomo, City Manager; Negotiating Parties: City of Ukiah and Ukiah Unified School District; Under Negotiation: Price & Terms of Payment 15. ADJOURNMENT There being no further business, the meeting adjourned at 9:40 p.m. Kristine Lawler, City Clerk Page 5 of 5