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HomeMy WebLinkAbout2012-09-05 CC Minutes CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 5, 2012 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on September 5, 2012, the notice for which being legally noticed on August 30, 2012. Mayor Landis called the meeting to order at 6:03 pm. Roll was taken with the following Councilmembers present: Thomas, Rodin, Baldwin, Vice Mayor Crane, and Mayor Landis. Councilmembers absent: None. Staff Present: Assistant City Manager Sangiacomo, City Attorney Rapport, City Clerk Brown, Planning and Community Director Stump, Senior Planner Jordan, and Electric Utility Director Grandi 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Special Minutes of 9/27/11 b. Special Minutes of 8/22/12 M/S RodinIThomas to Approve Special Minutes of 9-27-11 and 8-22-12 as submitted. Motion carried by the following roll call votes: AYES: Thomas, Rodin, Baldwin, Crane, and Landis. NOES: None. ABSENT: None. ABSTAIN: None 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Report Of Receivables For Month Of July 2012 b. Approval Of First Amendment To The Lodi Energy Center Project Management And Operations Agreement (PMOA)And Adopt Resolution To Appoint LEC Project Representatives For GHG Matters (EUD) c. Adopt Ordinance Amending Ukiah City Code Division 9, Chapter 1 (Subdivisions) To Include Article 17.1: Lot Line Adjustments And Article 17.2: Parcel Mergers d. Notification Of Contract Award To Chem-Dry Of Mendocino County For Carpet Cleaning Services At Various City Locations. e. Approval of Notice of Completion for Rehabilitation of Tertiary Treatment Units at the Ukiah Wastewater Treatment Plant,Specification No. 10-18 f. Notification Of Purchase For Emergency Rental And Installation Of A Temporary Irrigation System For 3495 Taylor Drive In The Amount Of$29,749.14 From Rain For Rent. g. Approve the sole source purchase for the upgrade of the telephone system and services at the Civic Center and Corporation Yard from Telecom Services in the amount of $28,592.21. h. Approval Of Visit Ukiah (TOT Program) Contract With Z Group Communications In Amount Of$21,000 For Branding, Design And Website Services, To Be Paid Out Of Measure X Funds (Hotel Bed Tax) M/S Baldwin/Thomas to Approve Consent Calendar Items 7a-7h. Motion carried by the following roll call votes: AYES: Thomas, Rodin, Baldwin, Crane, and Landis. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Mike Peterson (aka Davy Crocket) encouraged plans for an In-N-Out Burger business. Paige Poulos thanked the City Council for the Sunhouse Proclamation given at a previous meeting and reported briefly on a successful fundraiser and grant pursuits. 9. COUNCIL REPORTS Councilmember Rodin reported the City of Ukiah's Municipal Service Review was approved by LAFCo yesterday. She also reported that she and Mayor Landis were just returning from a trip to San Francisco regarding continuing efforts for the Courthouse project. Councilmember Baldwin reported on meeting several weeks earlier with Councilmember Rodin and • County representatives on Tax Sharing. The next meeting is also scheduled. 10. CITY MANAGER/CITY CLERK REPORTS Assistant City Manager Sangiacomo reported City Manager Chambers is away at the League of Cities Conference. 11. PUBLIC HEARINGS (6:15 PM) a. Discussion And Possible Adoption Of A Resolution To Adopt The Downtown Zoning Code Mitigated Negative Declaration And Introduction Of An Ordinance To Amend Division 9 (Planning And Development), Chapter 2 (Zoning) To Include Article 18 Entitled Downtown Zoning Code (6:25 p.m.) Councilmembers Crane and Baldwin left the dais, recusing themselves from the discussion because both have a conflict of interest by owning property within a 300 square feet radius of the DZC boundaries and cannot by law participate in the discussion and/or vote on the matter. Mayor Rodin owns property within a 300 square foot radius of the DZC, but since Council needed to have a quorum, one member of the three with the conflict needed to participate, so there was a selection process between these three Council members and Mayor Rodin was selected to participate. Planning and Community Director Stump and Senior Planner Jordan presented the item. Recommended Action(s): Adopt a Resolution to Adopt the Downtown Zoning Code Mitigated Negative Declaration and Introduce an Ordinance to Amend Ukiah City Code Division 9 (Planning and Development), Chapter 2 (Zoning)to Include Article 18: Downtown Zoning Code. Public hearing was opened. Public Comment: Mary Anne Miller asked if we could try out the new code for 18 months and come back with a report on the permits taken out during the period. 1 Steve Scalmanini spoke about 3 exceptions in the code which he said allows three businesses to be "thrown under the bus." Public hearing was closed. M/S Thomas/Rodin to Introduce the Ordinance by Title, only. Motion carried by the following roll call votes: AYES: Thomas, Rodin, and Landis. NOES: None. ABSENT: Baldwin and Crane. ABSTAIN: None. The Clerk read the title. M/S Rodin/Thomas to Introduce the Ordinance. Motion carried by the following roll call votes: AYES: Thomas, Rodin, and Landis. NOES: None. ABSENT: Baldwin and Crane. ABSTAIN: None. Councilmembers Crane and Baldwin returned to the dais. b. Conduct A Public Hearing, Consider Two Separate Appeals Of The Zoning Administrator's Conditional Approval Of Use Permit 12-12 (Halloween City), And Affirm, Reverse, Revise Or Modify The Decision. (6:40 p.m.) Planning and Community Director Stump and Senior Planner Jordan presented the item. Recommended Action(s): 1) Conduct a public hearing; and 2)Affirm, reverse, revise or modify the decision of the Zoning Administrator. Public hearing was opened. Public Comment: A significant amount of written public comment was received prior to the meeting and is on file in the record. Additionally, a significant amount of oral public comment was received during the meeting from both opponents and proponents, including attorneys from each side-- '' proponents attorney Mark Potter of White & Potter, and opponents attorney Jared Carter of Carter, Momsen & Knight. In addition, City Attorney Rapport weighed in on behalf of the City. No one speaking to the item entered their name on the sign-in sheet. The full video proceedings are available on the City Website. Public hearing closed. M/S Crane/Baldwin to support the Zoning Administrator's decision and affirming the findings presented. Motion carried by the following roll call votes: AYES: Rodin, Baldwin, Crane and Landis. NOES: Thomas. ABSENT: None. ABSTAIN: None. c. Discussion And Possible Adoption Of A Resolution To 1) Approve A Mitigated Negative Declaration For The Ukiah Valley Medical Center Permanent Heliport Relocation And Temporary Heliport And 2) Approve The Permanent Heliport Relocation And Construction And Operation Of A Temporary Heliport(10:02 p.m.) Planning and Community Director Stump and Senior Planner Jordan presented the item. Recommended Action(s): Adopt a resolution approving the Mitigated Negative Declaration and the relocation of the permanent heliport at Ukiah Valley Medical Center and to allow the construction and operation of a temporary heliport. Councilmember Crane recused himself and left the dais. Public hearing was opened. Two handwritten letters were received tonight by the Clerk during the earlier proceedings from Kathleen Alexander and Susan Sher, who didn't stay to report their concerns. Senior Planner Jordan attempted to provide a synopsis of the letters wherein they expressed concerns over noise and debris. Tim Rohan, Director Critical Care Services at Ukiah Valley Medical Center, responded to questions from the Counciil. The hospital anticipates a reduced number of flights because Covelo has a helipad, and Willits is now developing an new hospital with a helipad. 1 Public hearing closed. M/S RodinIThomas to approve the recommended action. Motion carried by the following roll call votes: AYES: Thomas, Rodin, Baldwin, and Landis. NOES: None. ABSENT: Crane. ABSTAIN: None. Councilmember Crane returned to the dais. 12. UNFINISHED BUSINESS 13. NEW BUSINESS a. Adopt Resolution Making Appointment to the Paths, Open Space and Creeks Commission Planning and Community Director Stump presented the item. Recommended Action(s): Appoint David Grim to the Paths, Open Space and Creeks Commission. M/S Baldwin/Thomas to approve the recommended action. Motion carried by the following roll call votes: AYES: Thomas, Rodin, Baldwin, Crane, and Landis. NOES: None. ABSENT: None. ABSTAIN: None. b. Adoption Of Resolution In Support Of Designating The Broadband Alliance Of Mendocino County(BAMC)As The County's Endorsement Agent For Grant Requests On Behalf Of The County Of Mendocino Seeking To Deploy Broadband In Mendocino County M/S Crane/Baldwin to approve the recommended action. Motion carried by the following roll call votes: AYES: Thomas, Rodin, Baldwin, Crane, and Landis. NOES: None.ABSENT: None. ABSTAIN: None. c. Possible Establishment Of An After Action Review Ad Hoc Committee And Appointment Of Ad Hoc Members. Mayor Landis presented the item. M/S BaldwinIThomas to approve the recommended action naming Mayor Landis and Crane to the Ad Hoc Committee. Motion carried by the following roll call votes: AYES: Thomas, Rodin, Baldwin, Crane, and Landis. NOES: None. ABSENT: None. ABSTAIN: None. d. (1) Presentation And Discussion Of The Electric Utility's Public Benefits Programs For Energy Conservation, Customer Assistance And Demonstration Projects. (2) Authorize The City Manager To Negotiate And Enter Into An Updated Contract With Efficiency Services Group (EUD) M/S Crane/Rodin to approve the recommended action. Electric Utility Director Grandi presented the item in a slide show presentation. Recommended action: (1) Approve the electric utility's public benefits programs for energy conservation, customer assistance and demonstration projects. (2) Authorize the city manager to negotiate and enter into an updated contract with Efficiency Services Group. Motion carried by the following roll call votes: AYES: Thomas, Rodin, Baldwin, Crane, and Landis. NOES: None. ABSENT: None. ABSTAIN: None. 14. CLOSED SESSION Closed Session may be held at any time during the meeting 15. ADJOURNMENT There be'.• no further business, the meeting adjourned at 10:50 pm. OP' Lin:72.P:r• «rh'erk i