ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday January 4, 2010, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2010-01


I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Lego League Presentation
B. David Lewis - Retiree

IV. APPROVAL OF MINUTES

A. November 30, 2009 – Assembly Retreat Minutes
B. December 14, 2009 – Regular Assembly Meeting 2009-26
C. December 28, 2009 – Special Assembly Meeting 2009-27

V. MANAGER’S REQUEST FOR AGENDA CHANGES

VI. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS.
(Not to exceed a total of 20 minutes nor more than 5 minutes for any individual).

VII. CONSENT AGENDA

A. Public Requests for Consent Agenda Changes, Other Than Ordinances for Introduction

B. Assembly Requests for Consent Agenda Changes

C. Assembly Action

1. Ordinances for Introduction

No ordinances for Introduction.

2. Resolutions

a. Resolution 2511
A Resolution Expressing Assembly Support For The Juneau Coordinated Transportation Coalition's 2009 Addendum To The 2008 Transit Development Plan, Coordinated Human Services Element, To Be Submitted To The State Of Alaska Department Of Transportation.

2009 Addendum - Transit Development Plan and Coordinated Human Services Transportation Plan

JEDC Resolution

The 2009 Addendum to the 2008 Transit Development Plan and Coordinated Human Services Transportation Plan (TDP/CHSTP) successfully meets all Federal requirements in order for Juneau’s transportation providers for seniors, people with disabilities, and people from low-income households to qualify for Federal funding.

The 2009 Addendum to the 2008 TDP/CHSTP provides background material and methodology for three items that the Alaska Department of Transportation identified as missing from the original plan under new Federal requirements. They are:

1. Gaps in Services List.
This list in its entirety is on page 3. Pages 4-13, 24-26, and 28-37 provide more detailed information along with a methodology as to how the list was compiled.

2. Inventory of Human Service Transportation Vehicles.
This list is on pages 14-17, and will include a minor update in the final version of this report.

3. Assessment of Needs Client Screening Form.
This screening form is on page 19. Examples of existing screening forms make up pages 38-48

In addition to these three items, some additional demographic information was included in the update. This addendum makes no other changes to the Transit Development Plan.

The CBJ ADA Committee recommended that the Assembly adopt this addendum to the TDP/CHSTP during its December 2, 2009 meeting. The Assembly Public Works and Facilities Committee (PWFC) recommended that the Assembly adopt this resolution at its December 7, 2009 meeting.

I recommend this resolution be adopted.

VIII. PUBLIC HEARING

A. Ordinance 2009-08(W)
An Ordinance Appropriating To The Manager The Sum Of $409,918 As Partial Funding For The Juneau International Airport Runway Safety Area Construction Capital Improvement Project, Grant Funding Provided By The State Of Alaska Department Of Transportation And Public Facilities.

Economic Impact Note

This ordinance would appropriate a State of Alaska Department of Transportation $409,918 grant for the “Construct Runway Safety Area, Construct Aircraft Apron (NE and NW Quad Areas), Phase III” project.

This grant is half of the required 5% match for a Federal Aviation Administration grant. The remaining matching funds will be appropriated through the Passenger Facility Charge Program.

The Airport Board approved this action at its June 10, 2009 meeting.

I recommend this ordinance be adopted.

a. Ordinance 2009-08(X)
An Ordinance Appropriating To The Manager The Sum Of $150,000 As Additional Funding For An Environmental Assessment Of Statter Harbor Loading Facility Capital Improvement Project, Funding Provided By The State Of Alaska Department Of Fish And Game.

Economic Impact Note

This ordinance would appropriate a $150,000 grant from the Alaska Department of Fish and Game into the Statter Harbor Loading Facility CIP. The grant would allow CBJ to undertake planning and environmental work for the new launch ramp at Statter Harbor. Work will include habitat studies of inner Auke Bay and the development of tidelands fill minimization alternatives.

The original grant for the project was $250,000. This action, if adopted, would increase the total grant to $400,000. The grant is being amended so that CBJ can do additional work to complete an environmental assessment on the project in accordance with the National Environmental Policy Act, as recommended by the U.S Fish and Wildlife Service and the Alaska Department of Fish and Game. Funding for the grant is being provided by the Federal Aid in Sportfish Restoration Act and the State of Alaska.

The grant amendment was approved by the Docks and Harbors Board at its November 5, 2009 meeting.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Docks and Harbors – Consultant Fee Amendment

This amendment would increase the consultant fee for PND Engineers, Inc. by $120,000, which would allow the continuation of planning and environmental work for the proposed new launch ramp at Statter Harbor. Funding is being provided by the Federal Aid in Sportfish Restoration Act and the State of Alaska. Ordinance 2009-08(X), if adopted, would provide increased funding to cover costs associated with this amendment.

DH Board Minutes Excerpt                   Agreement                    Contract Amendment

The contract is being amended to accomplish the additional work necessary to complete an environmental assessment for the project, in accordance with the National Environmental Policy Act, as recommended by the U.S Fish and Wildlife Service and the Alaska Department of Fish and Game. This work will include habitat studies of inner Auke Bay and the development of tidelands fill minimization alternatives.

The contract amendment was approved by the Docks and Harbors Board at its November 5, 2009 meeting.

B. Notice of Appeal – International Union of Operating Engineers, Local 302 vs. CBJ Human Resources - Appeal of November 24, 2009 Personnel Board Decision.

On November 24, 2009, the CBJ Personnel Board denied and dismissed a Petition to Create a Bargaining Unit filed by the International Union of Operating Engineers (IUOE) Local 302 on behalf of the Juneau International Airport Field Maintenance Employees. On December 14, 2009, IUOE Local 302 filed a timely Notice of Appeal of the decision to the Assembly. The Notice of Appeal is in your packet, along with a copy of the Personnel Board’s Decision and Order.

The Assembly is the appeal agency for this appeal, and its actions throughout the appeal process are governed by CBJ 01.50, the Appellate Code. The Code requires that upon receiving an appeal, the Assembly must first decide whether to accept or reject it. The standards applicable to this decision are set out at CBJ 01.50.030(e):

(e) Action by Appeal Agency Upon Receipt of a Notice of Appeal.
(1) Within thirty days of receipt of a notice of appeal by the appeal agency, the appeal agency shall notify the appellant of the acceptance or rejection of the appeal and, if rejected, the reasons for the rejection.
(2) The notice of appeal shall be liberally construed in order to preserve the rights of the appellant. The appeal agency may reject the appeal for failure to comply with these rules or if the notice of appeal does not state grounds upon which any of the relief requested may be granted.

The IUOE Local 302 and the Personnel Board were advised that this matter is before the Assembly.

The following procedural issues should be decided:
1. Will the Assembly accept the appeal?
2. Will the Assembly hear the appeal itself or assign it to a hearing officer?
3. If the Assembly hears the appeal itself, will the Mayor preside, or will it designate another member as presiding officer?

This matter is before the Assembly sitting in its quasi-judicial capacity. Accordingly, members should avoid discussing the case outside the hearing process.

With respect to this issue, the Appellate Code provides as follows:

CBJ 01.50.230 IMPARTIALITY. The functions of hearing officers and those appeal agency members participating in decisions shall be conducted in an impartial manner with due regard for the rights of all parties and the facts and the law, and consistent with the orderly and prompt dispatch of proceedings. Hearing officers and appeal agency members, except to the extent required for the disposition of ex parte matters authorized by law, shall not engage in interviews concerning the appeal with, or receive evidence or argument on the appeal from, a party, directly or indirectly, except upon opportunity for all other parties to be present. Copies of all communications with a hearing officer or appeal agency member concerning the appeal shall be served upon all parties.

As this is an appeal, I have no recommendation on whether or how the Assembly should hear the appeal.

Notice of Appeal                    Decision

C. Liquor Licenses:

Transfer of Ownership/Name Change & Restaurant Designation Permit Application
1. Restaurant/Eating Place License #2175
FROM: Jilneth LLC d/b/a Silverbow Inn
TO: The Silverbow LLC d/b/a Silverbow Bakery and Catering

2010-2011 Liquor License Renewals:
2. License #3049 Valley Restaurant LLC d/b/a The Valley Restaurant
3. License #3643 Clay Kent & Cisco Ramos d/b/a Douglas Café
4. License #550 Imperial Bar Inc. d/b/a Imperial Bar

The above-listed liquor license transfer and renewals are before the Assembly to either protest or waive its right to protest these actions. There is also a Restaurant Designation Permit application before the Assembly for approval. The Finance, Police, Fire, and Community Development Departments have reviewed the above businesses for compliance with CBJ Code. Enclosed in your Human Resources Committee packets are copies of the notice received from the Alcohol Beverage Control (ABC) staff and CBJ Code Section 20.25.025 regarding procedures for liquor license review and protest by the Assembly.

The Human Resources Committee met earlier this evening, Monday, January 4, 2010, and will report on its action. In the event the Assembly does protest one or more of above mentioned liquor licenses, CBJ Code 20.25.025(c) provides for an informal hearing before the Assembly.

I recommend the Assembly adopt the Human Resources Committee's recommendations for action from tonight’s meeting.

XI. STAFF REPORTS

A. Eaglecrest Update

XII. ASSEMBLY REPORTS

A. Mayor’s Report
B. Committee Reports
C. Liaison Reports
D. Presiding Officer Reports

XIII. ASSEMBLY COMMENTS AND QUESTIONS

XIV. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS

XV. EXECUTIVE SESSION

XVI. ADJOURNMENT

Note: Agenda packets are available for review online at www.juneau.org.

ADA accommodations available upon request: Please contact the Clerk’s office 72 hours prior to any meeting so arrangements can be made to have a sign language interpreter present or an audiotape containing the Assembly’s agenda made available. The Clerk’s office telephone number is 586-5278, TDD 586-5351, e-mail: city_clerk@ci.juneau.ak.us

Office of the City Clerk, 155 South Seward Street, Juneau, Alaska 99801
 
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