Auburn City Council Minutes 9/26/2022
CITY COUNCIL MINUTES
September 26, 2022
REGULAR SESSION
A Regular Meeting of the Auburn City Council was held at Auburn City Hall, 1225 Lincoln Way, Auburn, CA on Monday, September 26, 2022 at 6:00 p.m. with Mayor Sandy Amara presiding and City Clerk Amy Lind recording the minutes.
This Regular Meeting of the City Council was held pursuant to Government Code section 54953(e) related to teleconferencing of meetings. The Governor's Proclamation of a State Emergency was still in effect and the City Council made the necessary findings under the law to hold teleconference meetings in this manner.
CALL TO ORDER/ ROLL CALL
Council Members Present: Matt Spokely, Daniel Berlant, Alice Dowdin Calvillo, Rachel Radell-Harris
and Sandra Amara
Council Members Absent: None
Staff Members Present: City Manager John W. Donlevy, Jr., City Attorney Gary Bell, Public Works Manager Mengil Deane, Community and Economic Development Director Jonathan Wright, Fire Chief Dave Spencer, and Police Chief Ryan Kinnan.
CALL TO ORDER/ ROLL CALL
PLEDGE OF ALLEGIANCE
MAYOR'S COMMENDATIONS/PROCLAMATIONS/ACKNOWLEDGEMENTS/
ANNOUNCEMENTS
Eagle Scouts
Quilt Week
Fire Prevention Week
Jennifer Solomon Retirement
AGENDA APPROVAL
The agenda was approved as presented by consensus of the Council.
CONSENT CALENDAR
Council Member Dowdin Calvillo removed item 7 for a brief discussion and separate vote.
Auburn City Council Minutes 9/26/2022
1. Readoptall City Public Meetings Pursuant to Assembly Bill 361 By RESOLUTION 22-101, continue to conduct public meetings by teleconference pursuant to Government Code Section 54953(e) to Assembly Bill 361.
2022 CIP Sewer Project - Notice of Completion
By RESOLUTION 22-102, authorize the Public Works Manager to execute the Notice of Completion for the 2022 CIP Sewer Project.
Assignment, Assumption and Consent of Ground Lease by Auburn Industrial, LLC to Auburn Airport Industrial LLC for 12745 Earhart Ave. Auburn
By RESOLUTION 22-103, authorize the City Manager or his designee to consent to the Assignment and Assumption by Auburn industrial LLC as "Assignor" to Auburn Airport Industrial LLC as "Assignee" of the Ground Lease and execute all documents related to this action once the City Manager is satisfied that adequate due diligence has been conducted related to this assignment.
Amendment to Ground Lease
By RESOLUTION 22-104, authorize the City Manager or his designee to amend a ground lease between the City of Auburn, a municipal Corporation and Auburn East Hangars Phase II Owners, an Unincorporated Association.
Agreement for Completion of Airport East-End Hangar Waterline Project
By RESOLUTION 22-105, approve an Agreement with KAUN East Hangar Development, LLC, for Construction of the Airport East-End Hangar Waterline Project; and authorize the City Manager to execute the Agreement on the city's behalf.
City of Auburn Discretionary Grant Program- Authorization to Advertise
Review the City of Auburn Discretionary Grant Program Funding Request Outline and the Program Application; and, by MOTION, authorize Staff to begin advertisement and receipt of grant requests.
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Carnegie Library/Almost Free to All, Inc.- Exclusive Negotiation Agreement
Removed from the consent calendar; see item 7a.
*************** End of Consent Calendar **************
By MOTION, approve the consent calendar excluding item 7.
The motion was made by Council Member Spokely and seconded by Council Member Radell-Harris and approved by the following roll call vote:
Ayes: Spokely, Berlant, Dowdin Calvillo, Radell-Harris, Amara Noes: None
Absent: None
7a. Carnegie Library/Almost Free to All, Inc.- Exclusive Negotiation Agreement
Council Member Dowdin Calvillo spoke about funds dedicated to the Carnegie Library in the budget.
By MOTION, approve an Exclusive Negotiation Agreement between the City of Auburn and the Almost Free To All, Inc.
The motion was made by Council Member Dowdin Calvillo and seconded by Council Member Spokely and approved by the following roll call vote:
Ayes: Spokely, Berlant, Dowdin Calvillo, Radell-Harris, Amara Noes: None
Absent: None
Public Comment
Council Member Radell-Harris spoke about EDC's grants available.
COUNCIL BUSINESS
Municipal Code Regarding Safety Violations for Possession or Discharge of Illegal Fireworks
Community Risk Reduction Manager Davidson presented this item.
Council member questions and comments followed. Fire Chief Spencer and City Attorney Bell addressed questions.
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By MOTION, introduce for a first reading by title only, an ordinance to adopt; the Municipal Code Regarding Safety Violations for Possession or Discharge of Illegal Fireworks.
The motion was made by Council Member Spokely and seconded by Council Member Berlant and approved by the following roll call vote:
Ayes: Spokely, Berlant, Dowdin Calvillo, Radell-Harris, Amara Noes: None
Absent: None
10. Placer County Grand Jury Report- City Response on Homelessness City Manager Donlevy presented this item.
Council Member Berlant asked for a revision "addressing homelessness" on second page.
By MOTION, approve the draft letter as amended from the Mayor and City Manager in response to the Placer County Grand Jury Report and Recommendations related to homelessness.
The motion was made by Council Member Dowdin Calvillo and seconded by Council Member Berlant and approved by the following roll call vote:
Ayes: Spokely, Berlant, Dowdin Calvillo, Radell-Harris, Amara Noes: None
Absent: None
REPORTS
11. City Manager Report
City Manager Donlevy provided a report regarding items he is working on.
12. City Council Committee Reports
City Council Members reported on activities happening within their appointed committees and commissions.
CLOSED SESSION:
By MOTION adjourn to a Closed Session at 6:40pm:
MOTION: Berlant/ Dowdin Calvillo/ Approved
1. CONFERENCE WITH LEGAL COUNSEL; ANTICIPATED LITIGATION (Gov. Code, § 54956.9, subds. (d)(2) & (d) (3).)
A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described existing facts anc ircumstances, there is a significant exposure to litigation against the City. 4 Auburn City Council Minutes 9/26/2022
Facts and circumstances that might result in litigation but which the City believes are not yet known to potential plaintiff or plaintiffs. (Gov. Code, § 54956.9, subd. (e) (1).)
REPORT OUT OF CLOSED SESSION
The City Council returned from closed session at 9:38 pm and Mayor Amara announced that there was no reportable action. The City Council then adjourned the meeting to 7:15 pm on Thursday, September 29, and continued the closed session item to that date and time, both as authorized by the Brown Act. (Gov.
Code, §§ 54954.2, subd. (b)(3), 54955.) A notice of adjournment with the time and place of the continued regular meeting was conspicuously posted on or near the door of the Council Chambers within 24 hours after the time of adjournment.
ADJOURNMENT
On September 29, 2022, the City Council met at 7:15 for the continued meeting and returned from closed session at 8:17 pm and Mayor Amara announced that there was no reportable action. The Mayor then adjourned the meeting at 8:18 pm by unanimous consent and without objection.
Sauls
Sandra Amara, May