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HomeMy WebLinkAboutMin 04-18-07 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 18, 2007 6:00 p.m. 5:00 PM Northern California Power Agency 5:07:08 PM A Presentation Handout was provided to the City Council. The presentation was made by James Pope of NCPA, and his team. All Councilmembers were present, with Councilmember McCowen arriving during the presentation. Staff included City Manager Horsley and Electrical Distribution Engineer Kirley. The presentation concluded at 6:00:57 PM. 6:00 PM 1. ROLL CALL The Ukiah City Council met at a Regular Meeting on April 18, 2007, the notice for which being legally noticed on, April 13, 2007. Preceding the regular meeting was a Special Presentation scheduled to begin at 5:00 pm. Mayor Rodin called the meeting to order at 6:05:50 PM. Roll was taken with the following Councilmembers present: Thomas, Crane, McCowen, Baldwin, and Mayor Rodin. Absent: None. Staff present: City Manager Horsley, City Attorney Rapport, Planning and Building Director Stump, Senior Planner Townsend, Associate Planner II Lohse, Fire Chief Tony Clarabut, and Deputy City Clerk Brown. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. A Moment of Silence was observed for the tragedy that took place at Virginia Tech this week. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Veterans Appreciation Month Proclamation May 2007 Councilmember McCowen read and presented a proclamation to Skip Hulet. b. Workers Memorial Day Proclamation Councilmember Baldwin read and presented a proclamation to Terry Poplawski. c. The Placement Project- "Stories of Why Where Matters" Kate Magruder and Erica Cooperrider presented the third and final installment of the project. d. Introduction of New Employee~ Senior Planner Pam Townsend Director Stump introduced Pam Townsend to the City Council. 4. PETITIONS AND COMMUNICATIONS There were none. o APPROVAL OF MINUTES a. Regular Meeting Minutes 2/21/07 MIS Baldwin/McCowen to approve. Motion carried by an all AYES voice vote. b. Special Meeting Minutes 2~28~07 MIS Mc/Cowen/Baldwin to approve. Motion carried by an all AYES voice vote. 6. RIGHT TO APPEAL DECISION Mayor Rodin read the right to appeal policy. 7. CONSENT CALENDAR MIS Baldwin/McCowen approving the Consent Calendar, as follows: a. Report of Disbursements for the Month of March 2007 b. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emergency c. Amendment to City of Ukiah Public Benefits Monthly Energy Discount Program d. Authorize the City Manager to Negotiate a Professional Services Contract with Ma×imus to Provide Infrastructure Inventory and Valuation Services Consistent with the Requirements of the Governmental Accounting Standards Board (GASB) 34. e. Report of the Acquisition of Emergency Storm Drain Repair Services from WIPF Construction in the Amount of $14,836.34 and Authorize Budget Amendment for Expenditure of $14,836.34 f. Authorize the City Manager to Sign Letter of Support for West Enterprise Center O/Vest Company) in its Request for Federal Funding Motion carried by an all AYES voice vote. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 6:24:23 PM Ukiah Morrison stated there is a lot of business that needs to be addressed that is not on the agenda. 9. PUBLIC HEARINGS (6:15 PM) 6:26:25 PM a. Introduction of Ordinance Rezoning Assessor Parcel No. 002-12'1-t8 (Formerly APN 002 121-02, 08, 11) Associate Planner II Lohse presented the item which had been before the Planning Commission February 14, where the project was found to be consistent with the General Plan. Applicant, Sandra Liston 6:34:03 PM, of Access Design Build, stated its objection to condition number 37, requiring that one of the two units be owner-occupied. She asked the City Council for relief from that standard, and presented arguments in support of this objection. Opened Public Hearing: 6:58:21 PM No public comment was given. Closed Public Hearing: 6:58:37 PM The Council discussed and accepted the following proposed changes to conditions as suggested by Councilmember McCowen: 14a Line 5 to read "conditions, or they are non-native vegetative species 7:04:02 PM. 14b. Change first sentence to read "A combination of black oak and white oak trees and/or other native vegetation... 14c Delete "riparian" in line one to read "The landscape plan shall include the placement of native vegetation, as deemed... 18 Addition of item c. (language by city engineer): The inclusion of fossil fuel filters or the use of pervious paving systems or other alternative paving methods approved by the City Engineer for anv drainaqe routed into Orrs Creek. 7:14:31 PM 23a Delete "vegetation" and add "trees and shrubs" in line two to read "vegetation proposed for the site, including existing trees and shrubs that will be retained..." 23c Change "riparian" to "native" in line one to read "The retention of existing native vegetation and other existing trees in the area between..." 23d Change "riparian" to "native" in line four to read "hazardous conditions, or they are non-native vegetative species... 23e Delete "riparian" from line one to read "The placement of native vegetation, as deemed appropriate by the Director.." 37, Add "of each lot" to first line to read "The primary or second dwelling unit of each lot shall be 2 occupied..." Mr. Lohse noted that three of the changes that were made would pertain to mitigation measures within the mitigated negative declaration: The condition changes recommended to #14, is also Mitigation Measure #6 7:23:46 PM. The change just recommended to Condition 18 is Mitigation #10, and the changes to the recommended Condition 23 is the same as Mitigation #15. So specifically, Mr. Lohse would recommend that the motion to adopt the negative declaration include the language with modifications to Mitigation Measures #6, 10, and 15. By Consensus the City Council reopened the public hearing. Public Hearing Reopened: 7:24:21 PM Public speaking to the item: Pinky Kushner, and Ross Mayfield. Public Hearing Closed: 7:28:36 PM City Attorney Rapport confirmed that a City Ordinance requires that one of the units has to be occupied by the property owner. By Consensus the City Council upheld the requirement for Condition 37 as required by City Ordinance. MIS McCowen/Baldwin to approve the mitigated negative declaration making any changes necessary to be consistent with the changes to conditions discussed above including modifications to Mitigation Measure #6 as stated in Condition 14 above (14a Line 5 to read "conditions, or they are non-native vegetative species; 14b. Change first sentence to read '% combination of black oak and white oak trees and/or other native ve,qetation... "; '14c Delete "riparian" in line one to read "The landscape plan shall include the placement of native vegetation, as deemed . . . ); and modifications to Mitigation Measure #10 as stated in Condition 18 Adding: "~ The inclusion of fossil fuel filters or the use of pervious pavin,q systems or other alternative paving methods approved by the City En,qineer for any drainaqe routed into Orrs Creek."; and modifications to Mitigation Measure #15 as stated in Condition 23 above (23a Delete "vegetation" and add "trees and shrubs" in line two to read "vegetation proposed for the site, including existing trees and shrubs that will be retained . . ." 23c Change "riparian" to "native" in line one to read "The retention of existing native vegetation and other existing trees in the area between... ", 23d Change "riparian" to "native" in line four to read "hazardous conditions, or they are non-native vegetative species... ", 23e Delete "riparian" from line one to read "The placement of native vegetation, as deemed appropriate by the Director.. "). Motion carried by the following roll call vote: AYES: Councitmembers Thomas, Crane, McCowen, Baldwin, and Mayor Rodin. NOES: None. ABSTAIN: None. ABSENT: None. MIS McCowen/Thomas to introduce the Ordinance by title only, incorporating the changes to the specific conditions, as named in the previous motion, above, approving the negative declaration. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, Baldwin, and Mayor Rodin. NOES: None. ABSTAIN: None. ABSENT: None. The clerk read the title. 7:32:30 PM MIS McCowen/Thomas to introduce the Ordinance, incorporating the changes to the specific conditions as named in the motion, above, approving the mitigated negative declaration; Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, Baldwin, and Mayor Rodin. NOES: None. ABSTAIN: None. ABSENT: None. 7:33:22 PM b. Introduction of Ordinance Rezonin;I Assessor Parcel No. 002-153-30 and a portion of Assessor Parcel No. 002-t63-04 (GPAJZC No. 06-32) Dave Lohse introduced the item. Applicants Kevin Doble, Doble Thomas & Associates, was present to answer questions. Recommended action: 1) Conduct a public hearing regarding the proposed zone change; 2) Approve the Mitigated Negative Declaration prepared for the project; and 3) Introduce the Ordinance rezoning Assessors Parcel No. 002-153-30 from C-1 to C-1 PD and a portion of 3 Assessors Parcel No. 002-153-04 from R-3 to C-1 PD Combining Zone District and establishing the Main Street Village Planned Development. Public Hearing Opened: 7:54:14 PM Public Speaking to the Item: Laretta Lamponi. Public Hearing Closed: 7:57:18 PM MIS McCowen/Thomas approval of mitigated negative declaration. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, Baldwin, and Mayor Rodin. NOES: None. ABSTAIN: None. ABSENT: None. MIS Thomas/McCowen to introduce the Ordinance by Title Only. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, Baldwin, and Mayor Rodin. NOES: None. ABSTAIN: None. ABSENT: None. The clerk read the title. MIS McCowen/Baldwin to introduce the Ordinance. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, Baldwin, and Mayor Rodin. NOES: None. ABSTAIN: None. ABSENT: None. Recess: 7:59:12 PM Reconvene: 8:05:14 PM c. Approval of Resolution Adopting Revised Fees for Ambulance Services Provided by th,, Ukiah Fire Department Fire Chief Clarabut presented the item. Recommended Action: Approve resolution adopting revised fees for ambulance services provided by the Ukiah Fire Department. MIS Crane/McCowen to approve; Public Hearing Opened: 8:12:51 PM Public speaking to the item: Richard Seizer. Public Hearing Closed 8:15:] 1 PM Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, Baldwin, and Mayor Rodin. NOES: None. ABSTAIN: None. ABSENT: None. Recess: 8:15:33 PM Reconvene: 8:31:39 PM '10. UNFINISHED BUSINESS a. Report on Ukiah Valley Area Plan and Economic Report by Economic and Plannin,q Systems~ Inc. - Continued from April 4, 2007 The City learned there was going to be a revised economic report and anticipated it would be ready for the City Council meeting, but it was not. It will be ready by April 24 for a joint meeting with the Board of Supervisors. b. Status Report Concernin~l the Downtown/Perkins Street Corridor Form Based Code Proiect Mayor Rodin and Councilmember McCowen recused themselves from this item, as they were not part of the City Council selected by lot due to potential conflict of interest. Vice Mayor Crane presided. Director Stump and Senior Planner Townsend presented the item. Recommended action: Receive report. 4 Public Comment Opened 8:49:55 PM Public speaking to the item: Dotte Coplen, Jim Mulherin, and Lisa Mammina. Closed Public Comment: 8:58:17 PM 9:00:45 PM Mayor Rodin and Councilmember McCowen returned to the dais. c. Discussion of Sewer Lateral Repair I Replacement Pro.qram Status and Schedule Date for City Council Workshop on Future Direction of Pro.qram City Attorney Rapport reported that River Watch has indicated a willingness to negotiate on Point of Sale to allow the City time to work out an alternative approach that might be pursued by the City and Ukiah Valley Sanitation District. 9:02:54 PM Recommended Action: Discuss program and schedule an adjourned regular or special meeting on April 26, 2007, to conduct a workshop on various issues of the City's sewer lateral repair and replacement program. Public Comment Opened: 9:15:27 PM Public speaking to the item: Eric Crane. Public Comment Closed: 9:16:38 PM By Consensus the City Council agreed to schedule a workshop, the date to be confirmed with Mary Grace Pawson of Winsler & Kelley, for April 26, or May 7 or 8th, at Council Chambers at 5 PM. d. Introduce Ordinance Amendinf:l Ukiah City Code Sections 115t And 1152~ Governing The Appointment and Term of Office of Ukiah Planning Commissioners City Attorney Rapport presented the item. Recommended Action: Introduce ordinance in two motions: 1) to have the City Clerk read the ordinance by title only; and 2) to introduce the ordinance. MIS McCowenlCrane to introduce the Ordinance by title only; The clerk read the title. 9:27:08 PM Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, and Mayor Rodin. NOES: Councilmember Baldwin. ABSTAIN: None. ABSENT: None. There was no public comment given. MIS McCowenlCrane to introduce the Ordinance. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, and Mayor Rodin. NOES: Councilmember Baldwin. ABSTAIN: None. ABSENT: None. 11. NEW BUSINESS a. Update on the Status of the Ukiah Municipal SwimminR Pool Director Sangiacomo presented the item. 9:37:03 PM. Recommended Action: Receive update on the status of the Ukiah Municipal Swimming Pool and provide direction to staff as appropriate. Public Comment Opened: 9:44:27 PM Public speaking to the item: Ross Mayfield. Public Comment Closed: 9:48:54 PM The report was received; and by Consensus the Council determined not to increase the swimming fees. b. Direction to Staff on Treatment of Mariiuana Dispensaries City Attorney Rapport reported on the item noting the moratorium on marijuana dispensaries in effect 5 expires next month. Recommended action: Consider the options and provide direction to staff. Public Comment Opened: 10:02:46 PM Public speaking to the item: Jim Mulheren, Ukiah Morrison, and Dane Wilkins. Public Comment Closed: 10:20:24 PM By Consensus the Council asked City Attorney Rapport to bring back a proposed ordinance supporting a ban. 10:27:15 PM c. Discussion of City of Ukiah Water Conservation Programs City Manager Horsley presented the item discussing City water conservation efforts that are in response to the reduced flows from the Eel and a dry water year. Recommended action: Receive report. Public Comment Opened: 10:47:09 PM Public speaking to the item: Ross Mayfield. Public Comment Closed: 10:52:27 PM It was the Consensus of the Council for staff to move forward with the water conservation plans. d. Appointment of Councilmember to Attend the Russian River Flood Control and Water Conservation Improvement District Meetings Recommended action: Select a Councilmember to attend the meetings. MIS Baldwin/Crane that Councilmember Thomas be selected as a representative to attend these meetings, with Councilmember Baldwin as alternate. After discussion favoring an informal participation of any interested Councilmember, the motion and second was withdrawn. e. Update on Written Materials for City Procedures and Public Information l 1:23:59 PM City Manager Horsley reported on the item. Recommended action: Receive Update. Councilmembers indicated the main focus of the action is to develop an accessible record of policies and procedures so that the institutional memory can be retained when City Manager Horsley, or other senior staff retire or relocate. 12.COUNCIL REPORTS 11:46:o5 PM Councilmember Crane the County is considering requesting additional funds from Mendocino Solid Waste Management Authority (MSWMA) for continuation of siting studies for a Transfer/Collection facility on the Coast. Also the topic of a potential change of ownership of the City's Transfer Station was discussed. Councilmember Baldwin reported the Inland Water & Power Commission (IWPC) discussed the Eel River diversion cutbacks. Redwood Valley is in bad straits and worried they will not be able to serve their domestic users. Also there is an upcoming Army Corps of Engineers scoping session meeting on April 26. Mayor Rodin reported that the Redwood Empire League of Cities will have a meeting at the Benbow Inn and an informational flier was provided to all City Councilmembers. 13.CITY MANAGER/CITY CLERK REPORTS There were none. Recessed to Closed Session: 11:54:58 PM 14. CLOSED SESSION - Closed Session can be at any time during or before the meeting a. § 54957.6(a) Labor Negotiations; Department Directors Bargaining Unit Negotiator: 6 Candace Horsley, City Manager b. § 54956.9(a) Conference with Legal Counsel-Existing Litigation Name of Case: River Watch v. City of Ukiah et al., Federal District Court, Northern District of California Reconvened: 1:05 AM. No action taken. '15. ADJOURNMENT There being no further business, the meeting adjourned at 1:05 A.M. Linda .