HomeMy WebLinkAbout2023-04-05 CC Minutes CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue, Ukiah, CA 95482
Virtual Meeting Link: https://zoom.usljl97199426600
Ukiah, CA 95482
April 5, 2023
6:00 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on April 5, 2023, having been legally noticed on March
31, 2023. The meeting was held in person and virtually at the following link:
hops.'//zoom.us✓j/97199426600. Mayor Rodin called the meeting to order at 6:03 p.m. Roll was taken
with the following Councilmembers Present: Juan V. Orozco, Susan Sher, Josefina Duenas, and
Mari Rodin. Counciimember Absent by Prearrangement: Douglas, F. Crane. Staff Present: Sage
Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.
MAYOR RODIN PRESIDING.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Orozco.
3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Proclamation Recognizing April 9th— 15th as National Public Safety Telecommunicators
Week In the City of Ukiah.
Presenter: Mayor Rodin.
Staff Comment: Chief Crook.
Proclamation was received by Tracey Porter, Communications/Records Manager and Tiffany
Breece, Dispatch Supervisor.
b. Proclamation Recognizing April as Arts, Creativity, and Culture Month.
Presenter: Councilmember Sher.
Proclamation was received by Alyssum Wier, Mendocino County Arts Council Executive Director.
c. Proclamation Declaring April 2023 as Sexual Assault Awareness in the City of Ukiah.
Presenter: Vice Mayor Duenas.
Proclamation was received by Jamie Pitman, Project Sanctuary Community Prevention Educator.
S. PETITIONS AND COMMUNICATIONS
City Clerk, Kristine Lawler, stated that all communications had been distributed.
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City Council Minutes for April 5, 2023, Continued:
6. APPROVAL OF MINUTES
a. Approval of the Minutes for the March 16, 2023, Special Meeting.
b. Approval of the Minutes for the March 15, 2023, Regular Meeting.
Motion/Second: OrozcolSher to approve Minutes of March 15, 2023, a special and regular
meetings, as submitted. Motion carried by the following roll call votes:AYES: Orozco, Sher, Duenas,
and Rodin. NOES: None. ABSENT: Crane. ABSTAIN: None.
7. RIGHT TO APPEAL DECISION
8. CONSENT CALENDAR
a. Approval of Notice of Completion of the Electric Service Center-Site Work, Specification 16-07,
and Approve Final Payment of the 5% Retention to CWS Construction Group, Inc — Electric
Utility.
b. Authorize City Manager to Negotiate and Execute Memorandum of Agreement(COU No. 2223-
184) with Ukiah Adventist Hospital to Allow Participation in 340B Program, a Charitable Drug
Discount Program —Administration.
c. Approval Notice of Completion for Granite Construction Company for the State Street and Dora
Street Rehabilitation Project, and Direct the City Clerk to File the Notice of Completion with the
County Recorder— Public Works.
d. Adoption of Resolution (2023-16) of the City Council Authorizing the City Manager to Execute
Current and Future Participation Documents for the National Opioid Settlements -
Administration.
e. Approve a Budget Amendment (COU No. 2223-185) for a Contract with GSM Landscape to
Prepare a Landscape Plan for McGarvey Park— Community Services.
f. ,
— Pulled by Pinky
Kushner(public member) and placed as Agenda Item 14d.
g. Consideration of a Donation of Real Property on Cherry Court (APN 003-05041) from Peggy
White and Authorization of the City Manager to Negotiate and Execute the Corresponding
Donation Agreement (COU No. 2223-186); and Approval for the Closing Costs in the Amount
of Approximately $1,200 -Administration.
h. Receive Report Regarding the Appeal Process that the City has Undertaken in Opposition to
FEMA's Proposed Adjustments to the Flood Maps that Affect Properties in the City of Ukiah
and Provide/Authorize any other Direction Deemed Necessary—Public Works.
i. Approve the Purchase of a Three-Year SCADA Software Subscription Renewal (COU No.
2223-187) for the Water Treatment Plant with E&M Electric in the Amount of$63,545— Water
Resources.
j. Consideration of Nomination and Possible Adoption of a Resolution (2023-17) Appointing Joe
Striven to the Public Spaces Commission — City Clerk.
k. Approval of Assignment of Agreement (COU No. 2223-188) for Web-based Electric Vehicle
Resource Toolkit and Design Services to CLEAResult Consulting Inc. and Authorize the City
Manager to Execute any Corresponding Documents—Electric Utility.
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City Council Minutes for April 5, 2023, Continued:
I. Approval of Contract Amendment (COU No. 1516-143-A6) with Ukiah Waste Solutions for
Biosolids Removal at the Wastewater Treatment Plant— Water Resources.
Staff Comment: Maya Simerson —Agenda Item 8g.
Motion/Second: Orozco/Sher to approve Consent Calendar Items 8a-e and 8g-I, as submitted.
Motion carried by the following roll call votes: AYES: Orozco, Sher, Duenas, and Rodin. NOES:
None. ABSENT: Crane. ABSTAIN: None.
9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comment was received.
10. COUNCIL REPORTS
Presenters: Counciimember Orozco, Vice Mayor Duenas, and Councilmember Sher.
11. CITY MANAGERICITY CLERK REPORTS
Presenter:
0 Quarter review with HdL Coren & Cone (sales tax consultants) — Sage Sangiacomo, City
Manager.
12. PUBLIC HEARINGS (6:15 PM)
a. Adoption of Resolution Prezoning City-Owned Properties within Unincorporated
Mendocino County, introduction of Ordinance by Title Only Establishing Prezoning
Districts, and Approval of Community Development Director Determination that the
Aforementioned Actions Qualify for a CEQA Exemption.
Presenter: Jesse Davis, Chief Planning Manager.
PUBLIC HEARING OPENED AT 7.02 P.M.
Public Comment: Susan Knopf.
PUBLIC HEARING CLOSED AT T:04 P.M.
Motion/Second: SherlDuenas to approve the Community Development Director's Determination
that the Aforementioned Actions Qualify for a CEQA Exemption. Motion carried by the following roll
call votes: AYES: Orozco, Sher, Duenas, and Rodin. NOES: None. ABSENT: Crane. ABSTAIN:
None.
Motion/Second: DuenaslSher to adopt a Resolution (2023-18) to Prezone Sixteen (16) Parcels.
Motion carried by the following roll call votes: AYES: Orozco, Sher, Duenas, and Rodin. NOES:
None, ABSENT: Crane. ABSTAIN: None.
Motion/Second: Sher/Orozco to introduce Ordinance by title only. Motion carried by the following
roll call votes: AYES: Orozco, Sher, Duenas, and Rodin. NOES: None. ABSENT: Crane. ABSTAIN:
None.
UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH TO PREZONE
CERTAIN PARCELS IN ASSOCIATION WITH THE ANNEXATION OF CITY-OWNED
PROPERTIES WITHIN UNINCORPORATED MENDOCINO COUNTY
Motion/Second: SherlDuenas to introduce Ordinance Establish Prezoning Districts. Motion carried
by the following roll call votes: AYES: Orozco, Sher, Duenas, and Rodin. NOES: None. ABSENT:
Crane. ABSTAIN: None.
Page 3 of 6
City Council Minutes for April 5, 2023, Continued.,
13. UNFINISHED BUSINESS
a. Adoption of an Ordinance Amending Various Sections of Ukiah City Code to Permit On-
Site Consumption at Cannabis Dispensaries.
Presenter: Jesse Davis, Chief Planning Manager.
Public Comment: Robert Werra.
Motion/Second: Sher/Orozco to adopt an Ordinance Amending Various Sections of Ukiah City
Code to Permit On-Site Consumption at Cannabis Dispensaries. Motion carried by the following roll
call votes: AYES: Orozco, Sher, and Rodin. NOES: Duenas. ABSENT: Crane. ABSTAIN: None.
ORDINANCE NO.1230
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS SECTIONS
OF THE UKIAH CITY CODE TO PERMIT AND REGULATE CANNABIS CONSUMPTION AREAS
AT COMMERCIAL CANNABIS RETAIL BUSINESSES AND CANNABIS MICROBUSINESSES
b. Award Professional Services Agreement to LDA Partners, Inc. in the Amount of$68,800
to Prepare the Feasibility Study for the Corporation Yard Design.
Presenter: Tim Eriksen, Public Works Director/City Engineer.
Public Comment: Pinky Kushner.
Motion/Second: Rodin/Duenas to award professional services agreement (COU No. 2223-189) to
LDA Partners, Inc. in the amount of$68,800 to prepare the Feasibility Study for the Corporation Yard
design. Motion carried by the following roll call votes: AYES: Orozco, Sher, Duenas, and Rodin.
NOES: None, ABSENT: Crane. ABSTAIN: None.
c. Consideration of Approval and Authorization for the City Manager to Negotiate and
Execute the Services Agreement between the City of Ukiah and Mendocino Solid Waste
Management Authority(MSWMA)to Provide General Manager and Related Administrative
Services to MSWMA; that will Restructure the Operation of MSWMA.
Presenter: Tim Eriksen, Public Works Director/City Engineer.
Public Comment:
Motion/Second: Duenas/Sher to approve and authorize the City Manager to negotiate and execute
the services agreement(COU No. 2223-190) between the City of Ukiah and Mendocino Solid Waste
Management Authority (MSWMA) to provide general manager and related administrative services
to MSWMA; that will restructure the operation of MSWMA; dependent on the action to approve the
same agreement, by MSWMA at their regular Board meeting on April 20, 2023. Motion carried by
the following roll call votes: AYES: Orozco, Sher, Duenas, and Rodin. NOES: None. ABSENT:
Crane. ABSTAIN: None.
RECESS: 7.58— 8:08 P.M.
14. NEW BUSINESS
Council Consensus to move agenda item 14d before item 14a.
Page 4 of 6
City Council Minutes for April 5, 2023, Continued:
d. Award Bid to MARZ Engineering in the Amount of $113,499.84 for Specification 23-03 -
Todd Grove Park Public Barbecue Facility Reconstruction — From Consent Calendar
Agenda Item 8f.
Presenter: Neil Davis, Community Services Director.
Public Comment: Pinky Kushner.
Motion/Second: Orozco/Sher to award bid (COU No. 2223-191) to MARZ Engineering in the
amount of$113,499.84 for Specification 23-03 Todd Grove Park public BBQ Facility Reconstruction.
Motion carried by the following roll call votes: AYES: Orozco, Sher, Duenas, and Rodin. NOES:
None. ABSENT: Crane. ABSTAIN: None.
a. Consideration of Purchase of Real Property Near Doolan Canyon Drive (APN 003-260-01-
00 and 003-500-14-00) from Eric Douglas Crane and the Francine Crane Selim Separate
Property Trust in the Amount of $402,400; and Authorization of the City Manager to
Negotiate and Execute the Corresponding Lease Agreement with Option to Purchase; and
Approval for Associated Closing Costs.
Presenter: Maya Simerson, Project and Grant Administrator.
Public Comment: Robert Werra.
Staff Comment: Neil Davis, Community Services Director.
Motion/Second: Orozco/Duenas to approve purchase of real property near Doolan Canyon Drive
(APN 003-260-01-00 and 003-500-14-00) from Eric Douglas Crane and the Francine Crane Selim
Separate Property Trust in the amount of$402,400 (including closing costs); and authorize the City
Manager to negotiate and execute the corresponding lease Agreement (COU No. 2223-192) with
Option to Purchase. Motion carried by the following roll call votes: AYES: Orozco, Sher, Duenas,
and Rodin. NOES: None. ABSENT: Crane. ABSTAIN: None.
b. Report an Emergency Contract with West Coast Fire & Water for Fire Remediation Work
at the Electric Utility Service Center at Hastings
Presenters: Cindy Sauers, Electric Utility Director and Mary Horger, Financial Services Manager.
Motion/Second: Orozco/Sher to receive report on an emergency contract (COU No. 2223.193)with
West Coast Fire&Water for Fire Remediation Work at the Electric Utility Service Center at Hastings,
and approve the work to continue under these emergency circumstances. Motion carried by the
following roll call votes: AYES: Orozco, Sher, Duenas, and Rodin. NOES: None. ABSENT: Crane.
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).
Presenter: Mayor Rodin.
Mayor Directive to assign Councilmember Sher as the Alternate Commissioner for the Mendocino
Solid Waste Management Authority (MSWMA) Commission.
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 9:25 P.M.
Page 6 of 6
City Council Minutes for April 5, 2023, Continued:
15. CLOSED SESSION
a. Conference with Legal Counsel —Anticipated Litigation
(Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section
54956.9: (1 case)
b. Conference with Legal Counsel — Existing Litigation
(Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County
Superior Court Case No. 22CV00048
c. 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-2018-
70200
d. Conference with Legal Counsel — Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-
74612
e. Conference with Legal Counsel — Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036
f. Conference with Le al Counsel — Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Jane Doe v. City of Ukiah et al., U.S.D.C. (Eureka Division) Case No. 123-cv-
009808.
g. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 003-260-01, 003-500-14
Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Eric Crane and Francine Selim
Under Negotiation: Price & Terms of Payment
h. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager
i Conference with Labor Negotiator 54957.E
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
No report out, direction given to Staff.
16. ADJOURNMENT
There being no further business, the meeting adjourned at 10:15 p.m.
Kristine Lawler, CMC
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