HomeMy WebLinkAboutMin 05-04-05MINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING
WEDNESDAY, May 4, 2005
The Ukiah City Council met at a Regular Meeting on May 4, 2005, the notice for which
had been legally noticed, at 6:30 p.m. in the Civic Center Council Chambers, 300
Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers
were present: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. Staff present:
Community Services Director DeKnoblough, City Manager Horsley, Finance Director
McCann, City Attorney Rapport, Community Services Supervisor Sangiacomo, and Deputy
City Clerk Riley.
2. PLEDGE OF ALLEGIANCE
Mayor Ashiku led the Pledge of Allegiance.
3. PROCLAMATIONS
3a. Police Officers Week
Mayor Ashiku read the Proclamation proclaiming May 15 through May 21, 2005 as
"Police Week" in the City of Ukiah in honor of the law enforcement officers, past and
present, who have rendered a dedicated service to the community, and further proclaimed
May 15, 2005 as "Peace Officers' Memorial Day" in honor of those law enforcement
officers who, through their courageous deeds, have made the ultimate sacrifice in service
to their community or have become disabled in the performance of duty.
Police Chief Williams thanked the City Council for the proclamation.
3b. Special Presentation
Fire Chief Latipow introduced City of Ukiah firefighters Charlie Miller and Pete Bushby,
who have been promoted to Captain, and presented them with their badges.
3c. Lyme Disease Awareness Week
Councilmember Baldwin read the Proclamation proclaiming the first week of May as
Lyme Disease Awareness Week in the City of Ukiah.
4. APPROVAL OF MINUTES
4a. Regular Meeting Minutes of January 57 2005
Councilmember McCowen pointed out that the motions and seconds on the camping and
panhandling ordinances were inadvertently reversed.
M/S McCowen/Rodin approving the Regular Meeting minutes of the January 5, 2005 City
Council meeting as amended, carried by the following roll call vote: AYES:
Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None.
ABSTAIN: None. ABSENT: None.
4b.
Special Budget Workshop & Discussion of Proposes Sales Tax Ballot
Measure Minutes of February 172005
Regular Ukiah City Council Meeting
May 4, 2O05
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M/S McCowen/Rodin approving the Special Meeting minutes of the Februar~ 1,2005 City
Council meeting as presented, carried by the following roll call vote: AYES:
Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None.
ABSTAIN' None. ABSENT: None.
5. RIGHT TO APPEAL DECISION
Mayor Ashiku read the appeal process.
6. CONSENT CALENDAR
M/S Rodin/McCowen approving items "a" through "c" of the Consent Calendar as follows:
a. Approved Agreement with Adelphia Communications For Cable Franchise
Services;
b. Received Notification of Bid Award to Install a Suppressed Current Cathodic
Protection System on the 0.1 Million Gallon (Mg) Reservoir to Corrpro
Companies, Inc. in the Amount of $6,000;
c. Received Notification of Procurement of Services From Reliance Enterprises For
Emergency Repairs to the Boilers at the Wastewater Treatment Plant in the
Amount of $6,169.95.
Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen,
Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Benj Thomas expressed his opinion that a committee comprised of no more than eight
community members should be formed to discuss the City's budget and provide
recommendations to the Council and staff.
Ellen Bartholomew informed the Council about a therapeutic horseback riding program at
Ridgewood Ranch and asked for the Council's and the public's support, donations, and
time.
8. PUBLIC HEARING
8a. Continuation of Krause/'l'oms Appeal of Planning Commission Conditional
ADDroval of the Marin Ventures/Walgreens Store on East Perkins Stree'
Planning Director Stump explained that this public hearing is a continuation of the last
meeting's hearing. The applicants are requesting that the item be continued to the June
1st meeting, and staff is recommending approval of this continuation.
Mayor Ashiku stated that he recently surveyed the downtown buildings and was unable to
find a significant number of buildings without flat roofs, and asked the Council to allow staff
some flexibility in.working with the applicant regarding alternative roof styles.
A brief discussion followed regarding the Councilmembers' preferences regarding design
and site improvements.
It was the consensus of the Council to allow staff some flexibility with the applicant.
Daniel de la Peza remarked on the redwood trees at the site.
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May 4, 2005
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M/S Rodin/McCowen continuing the appeal hearing for the Marin VenturesNValgreens
Store project on East Perkins Street to the June 1, 2005 City Council meeting; carried by
the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and
MayorAshiku. NOES: None. ABSTAIN: None. ABSENT: None.
9. UNFINISHED BUSINESS
9a. Introduction of Urgency Ordinance Imposing Moratorium on Outdoor
Mariiuana Cultivation
City Attorney Rapport provided an overview of the urgency ordinance and some of its
implications.
A brief discussion followed regarding clarifications of the ordinance's stipulations.
Dane Wilkins, Director of Northern California NORMAL, read a letter from United Medical
Caregivers Clinic (UMCC) which expressed its opposition to the proposed legislation.
Noel Fraser, Medical Marijuana Patients Union (MMPU), spoke in favor of a municipal
community marijuana garden that would be managed by an advisory board of experts,
patients, and City staff, and also provided recommendations regarding cultivation in
residential areas from MMPU, NC NORMAL, UMCC, and Citizens Advisory on Medical
Marijuana Providers (CAMMP).
Raegene Brown expressed concern over patients being able to grow their own marijuana,
and suggested that all medical marijuana should be purchased at dispensaries.
Larry Puterbaugh, Ukiah, supports the proposed moratorium on cultivation for safety
reasons, as even locked, fenced gardens present dangers to the surrounding neighbors.
Joe Rogaway, Americans for Safe Access, spoke in opposition to the ordinance.
Marsha Wharff questioned the urgency of this item and stated that she would prefer to
see the Planning Commission go through its process without the Council's intervention.
Bruce Buckner agreed that there is no showing of urgency, and spoke in opposition to the
oridanance.
Peter Coleman spoke in favor of the urgency ordinance and urged the Council to pass it.
Jose Gutierrez argued against the ordinance and provided the Council with information
about Americans for Safe Access.
Pebbles Trippet, Medical Marijuana Patients Union, spoke in favor of legitimate medical
marijuana users.
Tom Wall expressed his opinion that this ordinance is a violation of private property
owners' rights.
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May 4, 2005
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An unidentified male spoke against the ordinance and urged Council to protect the
patients.
Dr. Peter Kegan spoke in opposition of the proposed ordinance, citing lack of protection
for the patients and that the ordinance discriminates against poor people.
Sheila Dawn Tracy urged Council to vote no because of lack of urgency and stated that
the ordinance, if passed, would be challenged.
Ann Whitaker, resident of Fort Bragg, spoke in opposition of the proposed ordinance, as
she favors the existing county regulation.
Daniel de la Peza suggested changing the term "lot" in the ordinance, as it would be
restrictive to apartment complexes.
Randy Wharff spoke in opposition of the ordinance, and does not agree with the urgency
of the item.
Rob Keegan, Ukiah, spoke against the ordinance because of the hazards presented by
growing marijuana indoors.
Tina Gordon spoke in favor of the ordinance.
Sarah Schraeder spoke in opposition of the ordinance and in favor of protecting the
legitimate patients.
Mayor Ashiku asked what would happen to a grower if he/she were to start growing more
than six plants prior to passing the ordinance.
City Attorney Rapport explained that the Council would have to show that there is a need
for an urgency ordinance by regulating growing activity. He pointed out that a foreseeable
risk exists even if the plants are not mature.
Councilmember Baldwin stated that marijuana is an attractive nuisance that should be
confined to agricultural areas.
Councilmember McCowen stated that the speakers opposed to the ordinance didn't
address the dangers posed to neighbors when unregulated backyard growing exists, and
expressed his belief that anyone legitimately in need of marijuana can access it, even with
the proposed ordinance in place.
Councilmember Rodin agreed with Councilmember McCowen and expressed her
support for the urgency ordinance.
Mayor Ashiku spoke in favor of the proposed regulation, believing that it provides an
appropriate balance.
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May 4, 2005
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City Attorney Rapport pointed out an error in Section 2 of the ordinance, which should
read Division 9 instead of 7.
M/S Rodin/McCowen making legislative findings that there is a current and immediate
threat to the public health, safety, or welfare, and that the approval of additional
subdivisions, use permits, variances, building permits, or any other applicable entitlement
for use which is required in order to comply with a zoning ordinance would result in a threat
to public health, safety, or welfare; and with the amendment to Section 2 to read Division
9; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin,
Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None.
Deputy City Clerk Riley read the title of the Ordinance: "Urgency Ordinance of the City
Council of the City of Ukiah imposing a moratorium on the outdoor growing of marijuana
and the growing of marijuana within 300 feet of schools within the City of Ukiah."
M/S McCowen/Baldwin adopting Ordinance1066; carried by the following roll call vote:
AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES:
None. ABSTAIN: None. ABSENT: None
9b. Proposed Ordinance Prohibiting Skateboards on Posted Private Property
City Attorney Rapport introduced the proposed ordinance and provided a brief summary
of the document.
Rod Jones, tenant of the Pear Tree Shopping Center, expressed his appreciation for the
ordinance and provided photos of damage done to the shopping center by skateboarders.
Joe Rogaway spoke against the ordinance.
A brief discussion followed regarding the size of the sign. City Attorney Rapport also
clarified that this ordinance will only apply to private commercial property that is voluntarily
posted by the property owner.
M/S Rodin/McCowen introducing Ordinance by Title Only; carried by the following roll
call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku.
NOES: None. ABSTAIN: None. ABSENT: None.
Deputy City Clerk Riley read the title of the Ordinance: "An Ordinance of the City Council
of the City of Ukiah adding Section 6180.5 to Division 7, Chapter 2, Article 6 of the Ukiah
City Code."
M/S Baldwin/McCowen introducing Ordinance 1067; carried by the following roll call vote:
AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES:
None. ABSTAIN: None. ABSENT: None.
10. NEW BUSINESS
10a. Discussion of Urgency Ordinance Iml~osin_~ Moratorium on New Mariiuana
Dispensaries
City Attorney Rapport provided a brief overview of the urgency ordinance imposing a
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May 4, 2005
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moratorium on marijuana dispensaries.
Councilmember Baldwin expressed concern that this ordinance shows preference to one
type of business and specifically, the two existing dispensaries.
Sheila Dawn Tracy asserted her opposition to the ordinance.
Dane Wilkins expressed concern about the ordinance, in particular the term "immediately"
in reference to the closing of dispensaries, as it implies that they might eventually be shut
down.
Bruce Buckner voiced his opposition to the ordinance.
Joe Rogaway advised the Council regarding legal liabilities should the proposed
ordinance be adopted.
Jose Gutierrez voiced his opposition to the proposed ordinance, stating that dispensaries
are a viable option to backyard cultivation.
Sarah Schraeder explained that she opposes the legislation and expressed concern that
patients' rights are not being taken into consideration.
Councilmember Baldwin asked if the City has had significant police calls to the
dispensaries.
Police Chief Williams replied negatively.
Councilmember Baldwin supported further discussion of the issue and recommended
that staff prepare an urgency ordinance.
Councilmember Rodin questioned the urgency of the item and expressed concern that
limiting the number of dispensaries could effectively drive up the price of medical
marijuana.
After a brief discussion, it was the consensus of the Council to direct the City Attorney to
draft an ordinance imposing a moratorium on new marijuana dispensaries.
lOb. Status Report on Labyrinth Project at Observatory Parl,
Community Services Supervisor Sangiacomo provided an overview of the Labyrinth
Project at Observatory Park.
Armand Brint and Martin Bradley explained their involvement in the project and
expressed their appreciation for the collaborative partners.
Linda McClure expressed her interest in the project.
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May 4, 2O05
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10c. Discussion of Maintenance Issues and Corrective Measures For The Ukial-
Municipal Swimmin.q Pools
Community Services Supervisor Sangiacomo explained that the filtration system is
failing in the small pool and the chemical control system is failing in the large pool. A
professional inspection of the pools is planned to provide additional information.
Councilmember Rodin asked which costs are included in the City's grant proposal and
which are eligible for reimbursement.
Mr. Sangiacomo stated that all known costs are included in the grant proposal, but it is
still unclear which might be reimbursable if paid prior to receiving the grant.
City Manager Horsley asked what the impact might be if the small pool wasn't opened.
Mr. Sangiacomo stated that the chemical control device could be taken from small pool
and used on the large pool. Without the small pool, however, access to the general public
would be significantly reduced. Furthermore, swim lessons would be reduced to 20-30
percent of the current classes, thereby losing income for the Recreation Department.
Councilmember Baldwin expressed his desire to keep the pools open, stating that they
provide a wonderful service for the community. It is his wish to locate the funding to make
the necessary repairs, taking some from reserves if necessary.
M/S Baldwin/McCowen directing staff to pursue grant funding to make the necessary
repairs to the pools, permitting required funds beyond $5,000 be taken from reserves, and
encouraging staff to request funding assistance from the County of Mendocino.
10d. Consideration of Lease With Mendocino County For The City Owned Proper~¥
Located At 280 East Standley Street
Community Services Director DeKnoblough provided a brief summary of the item and
noted the following two errors on the draft lease agreement: Section 2.1 should read April
31 instead of December 31, and Section 3.1 should read May 1 instead of January 1.
There was a brief discussion regarding the terms of the lease, and Councilmember
McCowen inquired whether the lease could be made retroactive to January 1,2005.
M/S McCowen/Baldwin approving lease with Mendocino County for City owned property
located at 280 East Standley Street subject to further negotiations between staff and the
County of Mendocino, carried by the following roll call vote: AYES: Councilmembers
Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None.
ABSENT: None.
10e. Request For Council's Discussion and Possible Adoption Of A Resolution
Endorsing SB596 Regarding Choice Voting Methods- Councilmember Rodi~-
M/S Baldwin/Rodin to continue this item on the May 18, 2005 agenda, carried by the
following roll call vote: AYES: Councilmembers Crane, Rodin, Baldwin, and Mayor Ashiku.
NOES: McCowen. ABSTAIN: None. ABSENT: None.
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May 4, 2005
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11. COUNCIL REPORTS
Councilmember Crane reported he attended a MSWMA meeting.
Councilmember McCowen reported that he participated in NCPA's Washington D.C.
lobby trip and felt it was very beneficial. He also attended the NCRA Board meeting and
presented the idea of working cooperatively to develop the depot property. He also
attended the MCOG meeting.
Councilmember Rodin reported that she raised $535 from 16 contributors for the sales
tax ballot measure campaign.
Councilmember Baldwin expressed his concern for the Fa~;ade Improvement Program's
criteria, as well as Hopland's water situation and their relationship with the Mendocino
County Russian River Flood Control and Water Conservation Improvement District.
Mayor Ashiku reported that he met with the City Selection Committee for LAFCO. The
Committee requested that the Mayors and City Managers meet for general discussions.
11. CITY MANGER/CITY CLERK REPORT~
City Manager Horsley stated that Saturday, May 7th will be the first Farmers' Market at
Alex Thomas Plaza.
12. CLOSED SESSION
13. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 10:55 p.m.
/ ~nannon Riley, Deputy C~lerk
Regular Ukiah City Council Meeting
May 4, 2OO5
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