HomeMy WebLinkAbout2021-08-18 CC Minutes CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
Virtual Meeting Link: https://attendee.gotowebinar.com/rt/3862698010362077965
Ukiah, CA 95482
August 18, 2021
6:00 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on August 18, 2021, having been legally noticed on
August 13, 2021. The meeting was held virtually at the following link:
https://attendee.gotowebinar.com/rt/3862698010362077965. Mayor Orozco called the meeting to
order at 6:05 p.m. Roll was taken with the following Councilmembers Present: Douglas F. Crane,
Josefina Duenas, Jim O. Brown, and Juan V. Orozco. Councilmember Absent by
Prearrangement: Mari Rodin. Staff Present: Sage Sangiacomo, City Manager; David Rapport,
City Attorney; and Kristine Lawler, City Clerk.
MAYOR OROZCO PRESIDING.
RECESS: 6:05— 6:15 P.M. (to address technical issues.)
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Kristine Lawler, City Clerk.
The Mayor led a moment of silence for Ted Goforth, a former City of Ukiah Public Works Director.
Council Consensus to include the City Manager's following remarks:
Mr. Goforth was a team member with the City of Ukiah from 1956 to 1993, and served our
community with distinction in both employment and beyond. Mr. Goforth started with the
City as an engineering aide, and over a 37-year career promoted through the ranks all the
way up to Director of Public Works. Mr. Goforth was instrumental in the development of
significant infrastructure projects our city uses today, specifically with water and sewer.
Some of those project include number of our water wells, the original granny collector, our
water treatment plant, the Civic Center reconstruction project, and the list goes on with
countless other projects that Mr. Goforth was absolutely instrumental in developing and
coordinating. As documented in his retirement proclamation, he was known for his hard
work, innovative spirit, and professionalism.
Comments: Councilmember Crane and David Rapport, City Attorney.
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Proclamation in Honor of the 10111 Anniversary of the 19t"Amendment to the United States
Constitution.
Presenter: Councilmember Duenas.
Proclamation was received by Val Muchowski, Mendocino Women's Political Coalition Chair.
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City Council Minutes for August 18, 2021, Continued:
b. Certificate of Recognition for Frank Acosta for his 101 Years of Life Celebration and His
Many Years of Service to Our Country and Community.
Presenter: Kristine Lawler, City Clerk.
Public Comment: Beatrice Acosta and Lisa Acosta.
Certificate was received by Frank Acosta.
4. PETITIONS AND COMMUNICATIONS
No public comment was received.
5. APPROVAL OF MINUTES
a. Approval of the Minutes for the July 21, 2021, Regular Meeting.
Motion/Second: Brown/Duenas to approve Minutes of July 21, 2021, a regular meeting. Motion
carried by the following roll call votes: AYES: Crane, Duenas, Brown, and Orozco. NOES: None.
ABSENT: Rodin. ABSTAIN: None.
b. Approval of the Minutes for the August 2, 2021, Regular Meeting.
Motion/Second: Crane/Duenas to approve Minutes of August 2, 2021, a special meeting, as
submitted. Motion carried by the following roll call votes: AYES: Crane, Duenas, and Orozco. NOES:
None. ABSENT: Rodin. ABSTAIN: Brown.
6. RIGHT TO APPEAL DECISION
7. CONSENT CALENDAR
a. Report of Disbursements for the Month of June 2021 — Finance.
b. Report of Disbursements for the Month of July 2021 — Finance.
c. Approval of Settlement Agreement (COU No. 2122-084) in the Amount of $13,391.33 with the
Defense Logistics Agency Energy, an Agency within the United States Department of Defense,
Related to the Erroneous Charges of Excise and Sales Tax on Department of Defense Fuel
Purchases at the Ukiah Regional Airport— Finance.
d. Consideration of Adoption of Resolution (2021-35) Approving the Application to the CA Drought,
Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 Per Capita Grant
Program to Replace the Large Playground Structure at Todd Grove Park— Community Services.
e. Consideration of Adoption of Resolution (2021-36) Appointing James Bair to the Paths, Open
Space, and Creeks Commission (POSCC) — City Clerk.
f. Report of the Purchase (PO No. 47401) of Variable Frequency Drive (VFD) for the High Service
Pump Station at the Water Treatment Plant (WTP) from Industrial Technical Services Inc. of La
Miranda CA in the Total Amount of$97,255.41 — Water Resources.
g. Approval for the City Manager to Negotiate and Execute a Lease Agreement (COU No. 2122-085)
Between the City of Ukiah and the Ukiah Youth Baseball League Inc., for the Use of a Portion of
Riverside Park— Community Services.
h. Approval of Amendment No. 2 to a Professional Services Agreement (COU No. 1920-138-A2) with
PSOMAS for an Amount Not to Exceed $2,600 to Provide Land Surveying Services Related to the
City's Annexation Efforts; and Approval of Corresponding Budget Amendment — Community
Development.
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City Council Minutes for August 18, 2021, Continued:
i. Adoption of Resolution (2021-37) of the City of Ukiah Establishing Two-Hour and Five-Hour Time
Limits on Parking on Designated Streets Pursuant to Ukiah City Code Sections 7160, 7163, and
7164, Thereby Replacing 26 Five-Hour Spaces with Two-Hour Spaces, 11 Ninety-Minute Spaces
with Two-Hour Spaces, and 9 Two-Hour Spaces with Five-Hour Spaces —Administration.
j. Approval of Lease Agreement (COU No. 2122-086) Between the City of Ukiah and Judy Chan for
Use of Parks Maintenance Facilities at 185 Mason St, Ukiah — Community Services.
k. Approval of Agreement (COU No. 2122-087) with Moss Adams, LLP for Accounting Review
Services of Ukiah Waste Solutions, Inc., and Solid Waste Systems, Inc. — Finance.
I. Approve Contract Amendment (COU No. 1819-215-A5) with Thomas Hise, Architect, for
Architectural Services for the Grace Hudson Museum in the Amount of $14,163, and Approve
Corresponding Budget Amendment— Community Services.
m. Approval of Change Order#06 (COU No. 2021-087-CO6) to CV Larsen Company in the Amount of
$430,773.04 and Extend the Pressure Zone 2 South Reservoir Replacement Project, Specification
No. 20-02 for a Total Revised Contract Amount of$1,206,724.09— Water Resources.
n. Approval of Purchase of One (1) Set of Genesis Auto Extrication Tools from Municipal Emergency
Services in the Amount of$30,834.41 per the Fiscal Year 2022 Capital Improvement Plan (CIP) —
Fire.
o. Approval of Purchase of One (1) Breathing Air Compressor from Bauer Compressors in the Amount
of$55,131.81 per the Fiscal Year 2022 Capital Improvement Plan (CIP)— Fire.
p. Approval of Lease Purchase of Two (2) 2021 North Star 147-1 Type 1 Ambulances from Braun NW
Inc., in the Amount of $382,410.00 Plus Tax per the Fiscal Year 2022 Capital Improvement Plan
(CIP) and Approval of Corresponding Budget Amendment(s) — Fire.
q. Report of Acquisition (PO 47389-00) from Western Fire Supply in the Amount of $23,776.04 for a
Solo Rescue SCBA-Decon Washer— Fire.
r. Notification of Change Order #2 (COU No. 2021-185-CO2) to Coastal Mountain Electric in the
Amount of$15,700.62 for Design Changes due to Unidentified Obstacles with the Electric Service
Transfer from Overhead to Underground on State Street, and Approve Corresponding Budget
Amendment— Electric Utility.
Motion/Second: Brown/Crane to approve Consent Calendar Items 7a-7r, as submitted. Motion
carried by the following roll call votes: AYES: Crane, Duenas, Brown, and Orozco. NOES: None.
ABSENT: Rodin. ABSTAIN: None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comment was received.
9. COUNCIL REPORTS
Presenters: Councilmembers Duenas and Crane
10. CITY MANAGER/CITY CLERK REPORTS
Presenters:
• Construction Update —Tim Eriksen, Public Works Director/ City Engineer.
• Speeding Education/Enforcement— Sage Sangiacomo, City Manager.
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City Council Minutes for August 18, 2021, Continued:
• Update of Drought and Water Conditions — Sean White, Water Resources Director.
11. PUBLIC HEARINGS (6:15 PM)
a. Consideration and Possible Introduction by Title Only of Proposed Ordinance Amending
Division 9, Chapter 2 of the Ukiah Municipal Code to Execute General Plan Housing
Element Implementation Tasks and Comply with New State Housing Laws; and
Consideration of Adoption of Resolution Approving Initial Study/Negative Declaration and
General Plan Amendment No. 21-01 to Allow for Increased Density and Lot Coverage in
Compliance with the General Plan Housing Element and State Housing Laws.
Presenters: Craig Schlatter, Community Development Director and Mireya Turner, Planning
Manager.
PUBLIC HEARING OPENED AT 7:42 P.M.
No public comment was received.
PUBLIC HEARING CLOSED AT 7:42 P.M.
Motion/Second: Brown/Crane to approve the minimum duplex parking requirement to be 1.5
space(s) per unit. Motion carried by the following roll call votes: AYES: Crane, Duenas, Brown, and
Orozco. NOES: None. ABSENT: Rodin. ABSTAIN: None.
Motion/Second: Brown/Crane to adopt Resolution (2021-38) approving IS/ND and General Plan
Amendment No. 21-01 to allow for increased density and lot coverage in compliance with the
General Plan Housing Element and State housing laws. Motion carried by the following roll call
votes: AYES: Crane, Duenas, Brown, and Orozco. NOES: None. ABSENT: Rodin. ABSTAIN: None.
Motion/Second: Brown/Crane to introduce the Ordinance by title only. Motion carried by the
following roll call votes: AYES: Crane, Duenas, Brown, and Orozco. NOES: None. ABSENT: Rodin.
ABSTAIN: None.
City Clerk, Kristine Lawler, read the following title into the record:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 9,
CHAPTER 2 OF THE CITY CODE TO EXECUTE GENERAL PLAN HOUSING ELEMENT
IMPLEMENTATION TASKS AND TO COMPLY WITH NEW STATE HOUSING LAWS.
Motion/Second: Brown/Crane to introduce the proposed Ordinance Amending Division 9, Chapter
2 of the Ukiah Municipal Code to execute General Plan Housing Element Implementation Tasks and
comply with new State housing laws. Motion carried by the following roll call votes: AYES: Crane,
Duenas, Brown, and Orozco. NOES: None. ABSENT: Rodin. ABSTAIN: None.
12. UNFINISHED BUSINESS
a. Receive Status Report and Consider Any Action or Direction Related to the Novel
Coronavirus (COVID-19) Emergency Including Operational Preparedness and Response;
Continuity of City Operations and Services; Community and Business Impacts; and Any
Other Related Matters.
Presenter: Tami Bartolomei, Office of Emergency Services Coordinator.
Public Comment: Robert Reveles.
Report was received.
RECESS: 8:10— 8:22 P.M.
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City Council Minutes for August 18, 2021, Continued:
Councilmember Duenas returning at 8:32 p.m.
13. NEW BUSINESS
a. Discussion and Consideration of Possible Approval of Sale of C & S Holdings' Stock to
Waste Connections US, Inc., and Possible Approval of Sale Agreement, Based on
Availability of Information and Staff Recommendations at the time of the August 18th, City
Council Meeting.
Presenters: David Rapport, City Attorney; Dave Carroll, C&S Waste Solutions; Sue Vandelinder
and Dan Schooler, Waste Connections; and Bruce McCracken, Ukiah Waste Solutions.
Public Comment: Robert Reveles.
Motion/Second: Brown/Orozco to approve the Assignment and Consent Waste Collection Contract
(COU No. 2122-088), and the Assignment and Consent Transfer Station Contract and Lease
Agreement (COU No. 2122-089), and authorize the City Manager to execute them on behalf of the
City. Motion carried by the following roll call votes: AYES: Crane, Duenas, Brown, and Orozco.
NOES: None. ABSENT: Rodin. ABSTAIN: None.
c. Receive Updates on City Council Committee and Ad Hoc Assignments and, if Necessary,
Consider Modifications to Assignments and/or the Creation/Elimination of Ad hoc(s).
No Reports were received.
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 9:01 P.M.
14. CLOSED SESSION
a. Conference with Legal Counsel —Anticipated Litigation
(Government Code Section 54956.9(d)(2) & (4))
Significant exposure to litigation pursuant to paragraph (2) or (4) of
subdivision (d) of Section 54956.9. Consideration of potential litigation
arising from emergency drought declaration. (Government Code
Section 54956.9(e)(2)): (Number of potential cases: 1)
Recommended Action: Confer in Closed Session
b. Conference with Legal Counsel —Anticipated Litigation
(Government Code Section 54956.9(d)(2 & 3))
Significant exposure to litigation pursuant to Government Code Section
54956.9(d)(2)(Number of potential cases: 1)
c. Conference with Legal Counsel —Anticipated Litigation
(Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to Government Code Section
54956.9(d)(2)(Number of potential cases: 2)
d. Conference with Legal Counsel — Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Gerardo Magdaleno, by and through his Guardian Ad
Litem, Pedro Francisco Magdaleno v. City of Ukiah, Justin Wyatt (Fed.
Dist. Ct. N.D. Cal.) 3:21-2609 VC.
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City Council Minutes for August 18, 2021, Continued:
e. Conference with Legal Counsel — Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No.
SC U K-CVPT-2018-70200
f. Conference with Legal Counsel — Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No.
SCUK-CVPT-20-74612
g. 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
h. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 157-050-03, 157-060-02, 157-050-04, 157-050-03,
157-030-02, 157-050- 01, 157-050-02, 157-050-10, 157-050-09, 157-
070-01, 157-070-02, 003-190-01
Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Dave Hull and Ric Piffero
Under Negotiation: Price & Terms of Payment
L Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APNs 184-090-07-00 and 184-100-04-00
Negotiator: Sean White, Water Resources Director and Sage
Sangiacomo, City Manager;
Negotiating Parties: Noble Vineyard Management
Under Negotiation: Instruction to negotiator will concern price and terms
of payment.
j. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
Direction was given to staff.
15. ADJOURNMENT
There being no further business, the mF eting adjourned at 9:40 p.m.
Kristine Lawler, City Clerk
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