HomeMy WebLinkAboutMin 08-02-06 CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
August 2, 2006
6:00 p.m.
1. ROLL CALL
The Ukiah City Council met at a Regular Meeting on August 2, 2006, the notice for which being legally
noticed. Roll call was taken at 6:00 p.m. and the following Councilmembers were present: Crane,
McCowen, Rodin, Baldwin, and Mayor Ashiku. Staff Present: City Manager Horsley, Director of Planning
Charley Stump, Community Services Director Sage Sangiacomo and City Clerk Gail Petersen.
2. PLEDGE OF ALLEGIANCE was led by public member Benj Thomas
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Proclamation Declaring August as Breastfeeding Awareness Month - Rodin 6'.08:33 PM
Councilmember Rodin read and presented the Proclamation to Tess O'Connell.
4. PETITIONS AND COMMUNICATIONS
None
5. APPROVAL OF MINUTES (items "a" through "d" continued from July 19, 2006 Regular
Meeting) defer consideration of the minutes at this time6:! 1:!7
a. Regular Meeting Minutes of April 19, 2006
b. Regular Meeting Minutes of June 21,2006
c. Special Budget 06-07 Workshop Meeting Minutes of June 28 and 29, 2006
d. Regular Meeting Minutes of July 5, 2006
e. Regular Meeting Minutes of May 17, 2006
6. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court.
The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90)
the time within which the decision of the City Boards and Agencies may be judicially challenged.
Read by Mayor Ashiku
7. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City
Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event
the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the
Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission
recommendations.
M/S McCowe/Baldwin to approve Consent Calendar
a. Award of Bid for 35,45,50,55 and 70 Foot Class 3 Western Red Cedar Poles to J.H.
Baxter Co. in the amount of $21,243.99
b. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment
Emergency
c. Notification to Council Regarding a Three-Year Contract in the Amount of
$28,439.04 with Evergreen Job & Safety Training to Provide Onsite Job
and Safety Training to the Electric Department
d. Award of Bid for New 3A Ton Fire Department Pick-up truck to Maita Chevrolet Olds
e Component Award of Bid to Minor Rubber Co., Inc. Hydroelectric Plant Tainter Valve
Modification, Ordering of Long Lead Times
Motion carried by the following roll call vote: AYES: Councilmember Crane, Rodin,
McCowen, Baldwin and Mayor Ashiku. NOES: None ABSTAIN: None
ABSENT: None
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are
interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not
on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3)
minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be
taken on audience comments in which the subject is not listed on the agenda.
Public Comment:
Steve Scalmanini requested the City Council reconfirm the City's position on the Ukiah
Valley Area plan advising the County will be voting on this matter Tuesday, August 8th, to
contract with a consulting firm known as "MIG". City Manager Horsley to provide copies
of the proposal to the Council.
.
PUBLIC HEARINGS (6:15 PM) 6:14:56 PM
a. Adoption of Findinqs and Final Action on Hull/Piffero Use Permit Application
City Attorney Rapport reiterated the action taken at the July 19th meeting, directing staff
to prepare the findings opposing approval of the Use Permit. Attorney Rapport stated he
had received an e-mail on Government Code Section 434.5 regarding the right to fly the
flag, stating no individual should be restricted from displaying the flag on private property.
The City can impose reasonable time, place and manner restrictions for displaying the flag
however, no restriction shall take place on purely aesthetic concerns. The findings
presented by staff are consistent with the General Plan and Zoning code regulating
development.
PUBLIC HEARING OPENED 6:34:33 PM
Voicing support of approval of the Use Permit
Joseph John Turri, Michael Caalim, John Graft, Myron Sawicki (citing Civil Code Section
1353.5), Phil Ashiku, Jim Mulheren, Kevin Orr, Ric Piffero, William Evans
Voicing opposition of approval of the Use Permit
MaryAnn Miller, Paulette Arnold, Steve Scalmanini, Larry Puterbaugh, Pinky Kushner
Voicing opinion that the Council has combined the matter of the flag pole with the flag:
Michael Caail, Lisa Mammina
Voicing opinion that there are other serious matters the City Council needs to address:
Benj Thomas
Jimmy Rickel stated that the flag pole in Todd Grove Park was dedicated to the Viet Nam
Veterans
Applicant Ric Piffero stated he and his partner will continue to fly the flag, referencing an e-
mail from his partner, Dave Hull dated August 2, 2006, regarding Government Code
Section 434.5. Mr. Piffero requested the Council approve the Special Use Permit
application. In response to Councilmember McCowen, Mr. Piffero stated that the height
of the original flagpole, which had been in place for several years, was 32'8". When asked
if he would decrease the height of the pole to 32.5 feet, and the size of the flag to what it
was previously, Mr. Piffero responded he did not wish to change the pole or flag.
M/S Crane/McCowen move that the Use Permit Application 06-13 be approved in
accordance with the staff recommended action for the Council meeting of July 19, 2006.
Councilmember Crane stated he wishes to make it clear that in order to receive three
supporting votes, a compromise may be necessary.
Motion revised by COuncilmember McCowen and accepted by Councilmember Crane,
to approve the use permit subject to a height of 32.5 feet above the grade;
Ric Piffero stated he and his partner are not willing to accept the compromise.
The discussion regarding a site-visit and whether Council members have viewed this site
followed with City Attorney Rapport explaining the City Council's policy.
Councilmember Baldwin and Mayor Ashiku announced they had visited the site.
PUBLIC HEARING CLOSED at 7:38
Mayor Ashiku addressed Councilmembers and the public regarding the importance of
accurate facts and findings, asking Councilmembers McCowen and Crane to reconsider
their position.
City Attorney Rapport stated he did not have enough time to analyze Civil Code 1353.5,
prior to this meeting and would like to look at the statue.
Consensus of the Council was to continue the item to September 20, 2006.
Recess 8:01:09 PM to 8:07 PM
Due to the length of the Public Hearing, agenda items requiring immediate
consideration will be considered first.
10. UNFINISHED BUSINESS
c. Consideration and Action to approve a Ballot Arqument Re.qardin.q theMeasure
to Increase the Hotel and Motel Room Tax; discuss and Adopt Proposed Resolution
the Use of Said Tax 8:08:?.4 P]Vl
M/S Rodin/Baldwin to approve adoption of the ballot argument.
Public Comment:
Jim Mulheren stated that the Chamber of Commerce was advised of the proposed
Resolution after it was presented to Council in draft form.
Public Comment Closed:
Motion carried by the following roll call vote: Councilmember Crane, Rodin, McCowen,
Baldwin and Mayor Ashiku. NOES: None ABSTAIN: None ABSENT: None
M/S Rodin/ Baldwin approve Resolution establishing allowable uses of hotel-motel
occupancy tax revenues resulting from an increase in the tax rate from 8% to 10%
Motion carried by the following roll call vote: Councilmember Crane, Rodin, McCowen,
Baldwin and Mayor Ashiku. NOES: None ABSTAIN: None ABSENT: None 8:22:14
PM
10. UNFINISHED BUSINESS
d. Adoption of Ordinance Amendin.q Ukiah City Code Section 1151, Re.qardin.n
A;)r)ointment of Planninq Commission Members- continued from 7/19/06 8:22:29
Councilmember Baldwin read his letter urging Councilmember reconsider revising the
current appointment process of Planning Commission members.
Public comment opened: 8:27:12 PM
Steve Scalmanini stated that if this Ordinance is passed, it is a blatant double standard. He
reiterated that censoring or terminating a Planning Commissioner who is a problem, is
currently addressed in the Ordinance. He encouraged Council to reconsider changing the
Ordinance.
M/S McCowen/Ashiku move to adopt an Ordinance amending Ukiah City Code Section
1151, regarding appointment of Planning Commission members. Motion carried by the
following roll call vote: Councilmember Crane, McCowen, and Mayor Ashiku. NOES:
Rodin, Baldwin ABSTAIN: None ABSENT: None
10. UNFINISHED BUSINESS
b. Award of Contract to Fisher & Hall Urban Desi.qn for the Downtown/Perkins
Street Community Visioninq and Form Based Zoninq Code Project and Budqet
Amendment
Councilmembers Crane and Rodin were recused at 8:32 pm
Planning Director Stump briefly reviewed the interview process, stating the panel's
recommendation is to award the contract to Fisher & Hall Urban Design. Director Stump
further stated he believes that with a staff member assigned to the project and with the
trainings that will be provided by the Contractor, this concept could be used in other
areas of the City with City staff taking the lead.
Public Comment:
Mari Rodin speaking as a citizen, stated that the contract includes pre-meetings with staff
and planning for the Criminal Justice Center is crucial.
Public Comment Closed:
M/S McCowen/Baldwin approval of the recommended action to award the contract for the
Perkins Street Community Visioning and Form Based Code project to Fisher & Hall Urban
Design and to approve a budget amendment to add $15,200 to Account No.
100.1501.250.000. Motion carried by the following roll call vote: Councilmember
McCowen, Baldwin and MayorAshiku. NOES: None ABSTAIN: None
ABSENT: Councilmember Crane, Rodin
Councilmember McCowen was excused from the meeting at 8:45 pm
Councilmembers Crane and Rodin returned to the dias at 8:45 pm.
10. UNFINISHED BUSINESS
a. Receive Status Report Concerninq Si.qn Ordinance Enforcement Activities and Provide
Direction to Staff - Continued from July 197 2006
Received report.
11.NEW BUSINESS
a. Review of Proposals and Selection of Second Consultinq Firm to
Perform Structural Enqineerinq Plan Check and Substitute Buildinq
Inspection Service
Planning Director Stump stated that of the three proposals received, Philips Group
met the requirements and confirmed measures to ensure adherence to City's deadlines.
Brief discussion followed with consideration to post on the City's website, a tracking of the
plan checks and building inspections which would encourage the contractor to meet
deadlines and provide up-to-date information to the client.
M/S Rodin/Crane to approve Phillips Group as the City's second structural engineering and
substitute building consulting firm. Motion carried by the following roll call vote:
Councilmember Crane, Rodin, Baldwin and Mayor Ashiku. NOES: None ABSTAIN: None
ABSENT: McCowen
5. APPROVAL OF MINUTES (items "a" through "d" continued from July 19, 2006 Regular
Meeting)
M/s Rodin/McCowen to approve the Minutes as submitted:
a. Regular Meeting Minutes of April 19, 2006
b. Regular Meeting Minutes of June 21,2006
c. Special Budget 06-07 Workshop Meeting Minutes of June 28 and 29, 2006
d. Regular Meeting Minutes of July 5, 2006
e. Regular Meeting Minutes of May 17, 2006
Motion unanimously carried by an "AYE" voice vote.
12. COUNCIL REPORTS
Councilmember Baldwin requested Decorum (Rules of Order) be agendized within weeks.
Councilmember Crane requested formal detachment of the North Fire Station and
information relative to jurisdiction and other boundary matters be brought back to Council on
August 16, 2006.
13. CITY MANAGER/CITY CLERK REPORTS
None
14. CLOSED SESSION 9:o!:09 P]Vl
a. Conference with Real Property Negotiators (GCS 54956.8)
Property: 107 South Oak Street, Ukiah
Agency Negotiator: Candace Horsley
Negotiating Parties: City of Ukiah/Saturday Afternoon Club
Under Negotiation: Price and terms of payment
b. Conference with Legal Council-Anticipated Litigation (GCS 5496.9C)
Initiation of Litigation (1 Case)
15. ADJOURNMENT
There being no further business, the meeting was adjourned at 10:05 PM
~ail Petersen, City Clerk