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Home My WebLink About2022-02-02 CC Minutes CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting Virtual Meeting Link: https.Ilzoom.uslil97199426600 Ukiah, CA 96482 February 2, 2022 6:00 P.M. 1. BOLL CALL Ukiah City Council met at a Regular Meeting on February 2, 2022, having been legally noticed on January 28, 2022. The meeting was held virtually at the following link: Mps:llzoorn.as V97199426600. Mayor Brown called the meeting to order at 6:09 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Douglas, F. Crane, Mari Rodin, Josefina Duefias, and Jim O. Brown. Staff Present: Shannon Riley, Deputy City Manager; Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. MAYOR BROWN PRESIDING. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Rodin. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No public comment received. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation Recog•.nizing February 2022, as Black History Month In the City of Ukiah. Presenter: Mayor Brown. Proclamation was received by Corinne Jones, Diversity and Committee Member. b. 202112022 Ukiah On Ice Presentation and Sponsor Appreciation. Presenter: Jake Burgess, Community Services Supervisor. Report was received. c. Introduction of Electric Utility Director Cindy Sauers. Presenter: Shannon Riley, Deputy City Manager. Introduction was received. 4. PETITIONS AND COMMUNICATIONS S. APPROVAL OF MINUTES a. Approval of the Minutes for;the_January 119#2022,Regula1Mseting Motion/Second: Orozco/Rodin to approve Minutes of January 19, 2022, a reguarl meeting, as submitted. Motion carried by the following roll call votes:AYES: Orozco, Crane, Rodin, Due6as, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. Page 1 of 6 City Council Minutes for February 2, 2022, Continued: 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR Staff Comment: Doug Hutchison, Fire Chief. a. Report of Disbursements for the Month of December 2021 - Finance. b. Adoption of Ordinance Amending Article 1 of Division 1, Chapter 4 of the Ukiah City Code to Reform the Paths, Open Space, and Creeks Commission and the Parks, Recreation and Golf Commission into the Public Spaces Commission— Community Services. ORDINANCE NO. 1219 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 1 AND REPEALING ARTICLE 1B FROM DIVISION 1, CHAPTER 4 OF THE CITY CODE TO ESTABLISH THE PUBLIC SPACES COMMISSION. c. Report of Emergency Purchase Order #47685 Issued to Wipf Construction LLC for the Water Resources Department in the Amount of $38,500 to Replace Two Check Valves that Failed and Approve a Budget Amendment for Expenses in the 2021/2022 Fiscal Year Related to Equipment Maintenance and Repair using Water Resources Reserve Funds— Water Resources. d. Award of Professional Services Agreement (COU No. 2122-174) to On Duty Health for Annual National Fire Protection Association (NFPA) Compliant Physical Exams and Screenings for Fire Authority Staff in the Amount of$28,415.48 -Fire. Motion/Second: Rodin/Orozco to approve Consent Calendar Items 7a-d, with 7d approved as amended. Motion carried by the following roll call votes:AYES: Orozco, Crane, Rodin, Duefias, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. Note:Agenda Item 8 was heard directly after roll call. 9. COUNCIL REPORTS Presenters: Mayor Brown and Councilmember Crane (spoke during City Manager reports) 10. CITY MANAGERMITY CLERK REPORTS Presenters: • General Plan Update—Craig Schlatter, Community Development Director. • Clean CA Grant Application—Shannon Riley, Deputy City Manager. 11. PUBLIC HEARINGS 6:15 PM a. The Ukiah City Council Will Receive a Financial Report of the Electric Utility and Consider Adoption of the Proposed Electric Rate Adjustments and Create a 100% Green Energy Rate by Resolution. Presenters: Cindy Sauers, Electric Utility Director; Mel Grand!, Retired Electric Utility Director; and Boris Prokop, Borismetrics. PUBLIC HEARING OPENED AT 7.20 P.M. No public comment was received. PUBLIC HEARING CLOSED AT 7.22 P.M. Page 2 of 6 City Council Minutes for February 2, 2022, Continued: Motion/Second: RodinlCrane to approve the proposed electric rate adjustments and create a 100% Green Energy Rate by Resolution (2022-08). Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Duefias, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. b. Conduct a Public Hearing and Consider Adopting Respective Resolutions Authorizing Lease Revenue Bonds, Series 2022 to Renovate the City Corporation Yard and Construct Improvements to Various City Streets (This item was continued from January 19, 2022.) Presenter: Dan Buffalo, Finance Director. PUBLIC HEARING OPENED AT 7:55 P.M. No public comment was received. PUBLIC HEARING CLOSED AT 7.56 P.M. Motion/Second: Rodin/Crane to adopt resolution (2022-09) authorizing the issuance of lease revenue bonds and authorizing the City Manager to execute all related documents (including following agreement nos:COU No. 2122-175—Site Lease;2922-176—Lease Agreement;2122-177 —Indenture of Trust;2922-178—Assignment Agreement;092122-179—Bond Purchase Agreement) for the renovation of the City Corporation Yard and improvements to various City streets. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Duerias, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. THE CITY COUNCIL ADJOURNED TO THE UKIAH PUBLIC FINANCING AUTHORITY MEETING AT 8:06 P.M. UKIAH PUBLIC FINANCING AUTHORITY 1. ROLL CALL The Ukiah Financing Authority met at a Special Meeting on February 2, 2022, having been legally noticed on January 28, 2022. Chair Brown called the meeting to order at 8:07 p.m. Roll was taken with the following Members Present: Juan V. Orozco, Douglas, F. Crane, Marl Rodin, Josefina Duerias, and Jim O. Brown. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, Public Financing Authority Secretary. CHAIR BROWN PRESIDING. RECESS: 8:07— 8:20 P.M 2. AUDIENCE COMMENTS ON NON AGENDA ITEMS No public comment was received. 3. APPROVAL OF MINUTES a. Approval of the Minutes for the September 30, 2020; December 15, 2021; and January 19, 2022, Special Meetings. Motion/Second: Crane/Orozco to approve the minutes for the September 30, 2020; December 15, 2021; and January 19, 2022, Special Meetings, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Duehas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. Page 3 of 6 City Council Minutes for February 2, 202Z Continued. 4. UNFINISHED BUSINESS b. Consider Adopting Respective Resolutions Authorizing Lease Revenue Bonds, Series 2022 to Renovate the City Corporation Yard and Construct Improvements to Various City Streets. Presenter: Dan Buffalo, Finance Director. Motion/Second: Crane/Rodin to approve and adopt the attached resolution (PFA Reso 2202-01) authorizing the issuance of lease revenue bonds and City management to execute all related documents for the renovation of the City Corporation Yard and improvements to various city streets. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Duenas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. 5. ADJOURNMENT There being no further business, the meeting adjourned at 8:26 p.m. THE CITY COUNCIL RECONVENED THE REGULAR MEETING AT 8:26 P.M. 12. UNFINISHED BUSINESS a. Possible Introduction By Title Only of Ordinance Restricting the Retail Sale of Nitrous Oxide. Presenter: Darcy Vaughn, Assistant City Attorney. Public Comment: Mike Hausberger. Motion/Second: Rodin/Duenas to introduce the Ordinance by title only. Motion carried by the following roll call votes:AYES: Orozco, Crane, Rodin, Duenas, and Brown. NOES: None. ABSENT: None.ABSTAIN: None. City Clerk, Kristine Lawler, read the following title into the record- ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 7.1 TO DIVISION 2, CHAPTER 2 OF THE CITY CODE TO RESTRICT RETAIL SALES OF NITROUS OXIDE. Motion/Second: Rodin/Orozco to introduce an ordinance Restricting the Retail Sale of Nitrous Oxide Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Duenas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. b. Receive Annual Report Regarding Review of Ordinance for Marijuana Dispensaries and Consider the Formation of an Ad Hoc to Review Potential Ordinance Modifications to Streamline the Permitting/Renewal Process and Other Potential Considerations. Presenters: Craig Schlatter, Community Development Director and Mireya Turner, Planning Manager. Motion/Second: Crane/Rodin to appoint Vice Mayor Duenas and Mayor Brown to serve on a Cannabis ad hoc committee to explore ordinance modifications. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Duenas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. Page 4 of 6 City Council Minutes for February 2, 202Z Continued: 13. NEW BUSINESS a. Seeking Direction from Council Regarding Updates to the Municipal Codes Regulating City Parks. Presenter: Neil Davis, Community Services Director. Council Consensus to refer this item to the Public Spaces Commission - along with Mr. Davis' notes regarding the Council comments and concerns-for refining, then bring back to Council. b. Discuss and Provide Direction for the Establishment of an Oversight Committee, with Possible Appointments, to Review Measure P Expenditures for Fiscal Years 2019 and 2020 per Resolution 2014-28. Presenter: Noble Waidelich, Police Chief. Motion/Second: Crane/Orozco to approve the establishment of an Oversight Committee to review Measure P expenditures for the fiscal years 2019 and 2020; and appoint Edward Eversole, Larry Olson and Roe Sandelin as persons representing members at large; Max Brazill representing the Ukiah Police Department; and Tony Selvitella representing the Ukiah Valley Fire Authority to the Measure P Oversight Committee. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, DueAas, and Brown. NOES: None. ABSENT: None. AB-STAIN: None. c. Receive Updates; Discussion and Appointments Regarding 2022 Council Assignments; and Consideration of Disbandment and Modification to City Council Committees and Ad Hocs. Presenter: Shannon Riley, Deputy City Manager. Motion/Second: Crane/Rodin to form two new ad hoes: Mayor Brown and Councilmember Crane to serve on a Special Districts ad hoc; and Councilmembers Rodin and Orozco to serve on a Public Financing ad hoc. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Due6as, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. 14. CLOSED SESSION a. Conference with Legal Counsel—Anticipated Litination (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) b. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2)or(3)) Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (1 potential case, involving possible termination of construction contract for cause) c. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(1)) Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No, SCUK-CVPT-2018-70200 d. 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 Page 6 of 6 City Council Minutes for February 2, 2022, Continued: e. 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 f. Conference with Legal Counsel—Existina Liti ation (Cal. Gov't Code Section 54956.9(d)(1)) Name of case: Siderakis v. Ukiah, et al, Mendocino County Superior Court, Case No. 21 CV00603 g. 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. 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 i. Conference with Labor Negotiator 54957.E Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units No Closed Session was held during the regular meeting. 15. ADJOURNMENT There being no further business, the meeting adjourned at 9:45 p.m. fi tv L±LL, Kri tine Lawler, City Clerk/CMC Page 6 of 6