HomeMy WebLinkAboutMin 01-19-05MINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JANUARY 19, 2005
The Ukiah City Council met at a Regular Meeting on January 19, 2005, the notice for
which being legally noticed, at 6:37 p.m. Roll was taken and the following
Councilmembers were present: McCowen, Rodin, Baldwin, and Mayor Ashiku.
Councilmember absent: Crane. Staff present: Risk Manager Archibald, Community
Services Director DeKnoblough, City Manager Horsley, City Attorney Rapport, Airport
Manager Richey, Community Services Supervisor Sangiacomo, Public Works
Director/City Engineer Steele, Planning Director Stump, Public Utilities Director
Ziemianek, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Everyone participated in the Pledge of Allegiance.
Mayor Ashiku initiated discussion concerning item 8c "Sales Tax Ballot Measure"
and suggested that Council conduct a workshop instead of hearing the item at this
meeting.
It was the consensus of Council to remove item 8c from this meeting agenda and
continue it to a workshop on February 1,2005 beginning at 4:00 p.m.
3. PROCLAMATION/INTRODUCTION/SPECIAL PRESENTATION
3a. Proclamation Supporting the Martin Luther King Day Event on January 16
& 177 2005
Mayor Ashiku presented a Proclamation concerning the Dr. Martin Luther King Jr, Day
events that took place on January 16 & 17, 2005.
LaCretia Peoples, accepted the proclamation and discussed projects associated with
the celebration of Dr. Martin Luther King Jr. Day.
3b. Introduction of New Associate Planner Sandra Liston
Planning Director Stump introduced Sandra Liston as the City's newest Associate
Planner. He reviewed her professional background and noted that she has brought a
new set of skills to the Planning Department.
Sandra Liston stated she is looking forward to working with the City Council and the
citizens of Ukiah.
3c. Special Presentation
At the request of the City Manager, this item was pulled from the agenda.
4. APPROVAL OF MINUTES
4a. Re_clular Meeting Minutes of December 15~ 2004
At the request of the City Clerk, this item was continued to the next Council meeting.
5. RIGHT TO APPEAL DECISION
Regular Ukiah City Council Meeting
January 19, 2005
Page 1 of 10
Mayor Ashiku read the appeal process.
6. CONSENT CALENDAR
M/S McCowen/Rodin approving items "a" through "h" of the Consent Calendar as
follows:
a. Approved Disbursements for Month of December 2004;
b. Adopted Ordinances Regulating Panhandling (1059) and Camping (1060) in the
City of Ukiah;
c. Adopted Resolution 2005-27 Approving Records Destruction;
d. Approved Contract Addendum with EBA Engineering for Environmental Services at
the Former Leslie Street Gas Plant;
e. Awarded Bid of Approximately 70 Dry Tons of 30% Sodium Hydroxide (Caustic
Soda) From Pioneer America's, Inc. for $550.00/Dry Ton;
f. Awarded Purchase of Sodium Hypochlorite, 12.5% Solution to Pioneer America's
Inc. in the Amount of $58,444.00;
g. Authorized Execution of Amendment No. 9 to the Agreement with EBA Engineering
in an Amount Not to Exceed $8,437 for Preparation of Feasibility Study/Corrective
Action Plan at the Corporation Yard and Approved Budget Amendment in the
Amount of $8,437;
h. Approved Lease with Gary Gallo, DBA Ukiah Equipment Repair for a Portion of the
Ukiah Municipal Airport and Authorized City Manager to Execute Agreement.
Motion carried by the following roll call vote: AYES: Councilmembers McCowen,
Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Crane.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Michael Deckard, Ukiah, discussed an on-going situation he has been experiencing
with his neighbor. He recommended Council attempt to recruit more jobs in Ukiah.
Bill Randolph, Ukiah, expressed his eagerness to work with the City and County on the
Brush Street Triangle Project and requested Council establish a workshop and invite
residents of the Wagonseller's neighborhood to participate in the process.
8. UNFINISHED BUSINESS
8a. Consideration and Adoption of Resolution Establishing Policies for
Amplified Sound in Parks and Outdoor City Owned Facilities
Community Services Director DeKnoblough discussed his Staff Report to Council
and noted that currently, City policy only requires a permit be issued by the Community
Development Director when amplified music is played by a group which has reserved a
park site. The proposed Resolution requires a permit for all amplified sound in the
City's parks and other City-owned outdoor facilities, limits the number of permits which
can be issued for events that continue past 8:00 p.m., and provides that such events
cannot last longer than four hours.
Councilmember Baldwin briefly discussed his suggestions, as submitted in the Staff
Report, with regard to a City policy on amplified music in City parks, Alex Thomas
Plaza, and at the Fairgrounds.
Regular Ukiah City Council Meeting
January 19, 2005
Page 2 of 10
Public Comment opened 7:02 p.m.
Lang Russell voiced his support of Councilmember Baldwin's suggestions because
they are more limiting.
Public Comment closed 7:04 p.m.
Considerable discussion followed between Council and Staff with regard to: ~ The draft Resolution
~ The Resolution would not apply to certain City sponsored events
> The issuance of permits
> Rationale for declining to issue a permit
> Complaints regarding amplified music: It was noted by City Manager Horsley
that if additional complaints were received, the Community Services Department
would return to Council with recommended changes concerning the requirements
because of the increased activity
> Scheduled events at Todd Grove Park and private parties have requested
amplified music at that location
City Attorney Rapport explained the general Noise Ordinance of the City and how it
would apply to amplified music in City parks, streets, and other City owned outdoor
areas.
Mayor Ashiku expressed concern that the City's current policy doesn't allow staff
flexibility in which they can enforce the policy. He recommended there be working
guidelines established rather than a set policy. He expressed his support for the
language in the Resolution; however, he would like to allow staff more flexibility.
Councilmember Rodin concurred with Mayor Ashiku's comments and Councilmember
Baldwin's suggestions.
Mayor Ashiku expressed the opinion that Staff be given guidelines, especially for
particular events, and that a permit system be established.
Councilmember McCowen explained that the Resolution
Baldwin's suggestions raised some questions for him and
continue this item to its February 2, 2005 meeting.
and Councilmember
he suggested Council
8. UNFINISHED BUSINESS
8b. Continued Item: Approve Amendments to the Ordinance as Introduced
Amending Section 19857 60587 and 6060 of the Ukiah City Code Regarding
Noise Regulations
City Attorney Rapport advised that this matter was continued from the January 5th
Council meeting due to time constraints. He advised that, as currently written, Section
6058 of the Ukiah Municipal Code, requires the use of the listed "standards" to
determine whether a violation has occurred. In reviewing the Noise Ordinance, City
staff concluded that it would be more enforceable if three changes were made to the
Ordinance, as noted in the Staff Report.
Regular Ukiah City Council Meeting
January 19, 2005
Page 3 of 10
Items discussed between Council and Staff with regard to the agenda item included: ;> Three changes that were made to the ordinance
;> Standards which may be considered in determining whether a violation of the
provisions exists include, but are not limited to items listed under "A-K" in the
Ordinance.
~ The Ordinance would simplify enforcement by the City Police Department and
would offer more flexibility.
> The structure by which fines are imposed as opposed to jail time.
:> Infractions compared to misdemeanors.
Public Comment Period Opened: 7:42 p.m.
Members of the public that spoke regarding the proposed Ordinance were: Barbara
Madden, Alea Waters, Craig Zackard, Sharon Marshall, Ivor Keighley, Susan
Knopp, and Mr. Russell.
Public Comment Period Closed: 8:00 p.m.
Council continued discussion with regard to whether commercial establishments would
be exempt from this Ordinance. City Attorney Rapport went on to discuss the general
noise regulations which apply throughout the City. Noise and the hours of operation for
construction work were also discussed.
M/S Rodin/Baldwin approving amendments to the Ordinance as introduced amending
City noise regulations for City parks and facilities, and specifying that additional
violations within five years are subject to increased penalties.
Councilmember Baldwin recommended there be a phone number which the public
could call to voice their concerns with regard to noise.
Motion carried by the following roll call vote: AYES: Councilmembers McCowen,
Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Crane.
8. UNFINISHED BUSINESS
8c. Discussion of Possible Sales Tax Ballot Measure
Consensus of Council was to continue the matter to a special workshop on February
1,2005 beginning at 4:00 p.m.
8. UNFINISHED BUSINESS
8d. Authorization to Proceed with Adoption of Zoning Ordinance Regulating
the'Growing of Mariiuana in City Limits
City Attorney Rapport advised that at its meeting of January 5, 2005, the City Council
discussed a preliminary draft zoning ordinance that would regulate the growing of
marijuana in the City limits. He discussed Council's six suggestions for changes and
additions to the draft ordinance, as noted in his Staff Report to Council. He also
discussed Councilmember McCowen's suggestions with regard to #8 in the draft
ordinance; suggesting "100 mature plants" be deleted from the sentence and insert
Regular Ukiah City Council Meeting
January 19, 2005
Page 4 of 10
"controlled substances", and to change that phrase throughout the draft ordinance. He
continued with a summary of the Staff Report outlining these changes. He noted that
the new ordinance attempts to mitigate issues related to public safety and the cultivation
of marijuana. He explained that the findings are considerable in order to demonstrate
that the City Council has a factual basis for its findings and for implementing restrictions.
The ordinance will be forwarded to the Planning Commission for review prior to
returning to the City Council for adoption.
Discussion followed with regard to:
;> The possibility of limiting the number of plants that a qualified care provider can
grow for a patient. City Attorney Rapport explained that currently, a care
provider is limited to growing six plants per patient.
;> Designating certain zoning districts for growing marijuana. City Attorney
Rapport discussed the possibility of inserting the zoning district of "CN" into the
ordinance.
;> Growers requiring an identification card from the Sheriff's Department. It was
also noted that care providers should meet the requirements described in the
Health and Safety Code.
> The possibility that requiring that marijuana be grown indoors would extend the
growing season and compensate for allowing a smaller number of plants.
Public Comment Opened: 8:35 p.m.
Dane Wilkins, Executive Director of NORMAL, explained that NORMAL can provide
the City will information concerning medicinal marijuana cultivation. He advised that
upon reading the Staff Report, NORMAL has a number of issues they wish to address
with regard to the ordinance.
Bob Boyd, attorney and board member of NORMAL, reminded Council that Proposition
215 passed because voters wanted marijuana legalized. In its present form, he felt the
proposed ordinance may solicit lawsuits.
Ana Araiza, Ukiah, spoke in support of the proposed Ordinance.
Public comment closed: 8:42 p.m.
M/S Rodin/McCowen authorizing Staff to initiate procedures to adopt the proposed
amendment to the City Zoning Ordinance, carried by the following roll call vote: AYES:
Councilmembers McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None.
ABSTAIN: None. ABSENT: Crane.
Recessed: 8:44 p.m.
Reconvened: 8:52 p.m.
!
NEW BUSINESS
Consideration of Applicants for Community Development Block Grant
General Allocation Funds and Authorization to Submit a Grant Application
Regular Ukiah City Council Meeting
January 19, 2005
Page 5 of 10
Councilmember Rodin advised that she has a potential conflict because she received
financial compensation as a consultant for SPACE, and recused herself from the
meeting at 8:54 p.m.
Community Development Director DeKnoblough advised that each year the
Department of Housing and Community Development (HCD) provides cities and
counties with Community Development Block Grant (CDBG) funds for several purposes
including a General Allocation category of grants. These are competitive grants in a
maximum amount of $500,000. The qualifying criteria, regardless of the project, are
that the project or program must provide benefit to the Iow and moderate income
population. He discussed the requests submitted by SPACE, Plowshares, Pacific West
Communities, Ukiah Ford Street Project, Rural Communities Housing Development
Authority (submitted request after the City Council packets were assembled), and the
Community Development Commission. The grant deadline is in April 2005. He went on
to discuss funding, financial monitoring, and the City overseeing administering the
funds.
Mary Ann Villwock, representing SPACE, explained that SPACE is in the process of
completing an extensive renovation and addition to the building which previously
housed St. Mary's Church. The project includes conversion of the church into a
performing arts education center with classes and a theater. It has been partially
completed through private grants and donations and the CDBG funds will be used to
complete the final phase of the project. While SPACE is a fee based organization, it
does include a scholarship program for Iow income families.
Members of the audience speaking in support of SPACE were Paulette Arnold, Laurel
Near, Ana Araiza, Allison DeGrassi, Bonnie Carter, Sherri Smith-Ferri, and
Christine Hamilton.
Mary Buckley, Executive Director for Plowshares, discussed Plowshares' program of
serving hot meals and Meals on Wheels to individuals in need. The participants in the
Plowshares program are Iow income individuals and one out of every 20 participants is
a child. She explained that Plowshares has purchased property on South State Street
for the purpose of constructing a new facility and plans to relocate from its current Luce
Street site. Plowshares' goal in relocating the operation is to be able to expand services
to include evening meals and increase its Meals on Wheels program. The new facility
will include an expanded dining room with outreach to Iow income school children and
families. She explained that Plowshares has several grants pending and other
community donations are expected. She discussed the restrictions involved with grant
funding and voiced her appreciation for the City's support in the past.
Martin Bradley voiced his support for the Plowshares project and the services it offers
to the comunity.
Tom MonPere, representing Rural Community Housing Development Corporation
(RCHDC), discussed RCHDC's project located on the corner of Clara and Orchard
Avenue. It will be a community project and RCHDC needs money for site improvement
Regular Ukiah City Council Meeting
January 19, 2005
Page 6 of 10
costs for the project. It is a needed project to address needed affordable housing in the
community. He discussed traffic mitigation measures related to the project.
Discussion followed with regard to constraints with RCHDC's units remaining below
market value, constraints with financing, and that the units may eventually be sold for
private use. It was noted by Martin Bradley that with RCHDC purchasing the units, it
preserves their affordability.
Mr. Pat Crabtree discussed the Clara Avenue project and noted that the City is the
funding entity and can decide on the restrictions. He discussed working out legal details
for the project.
M/S McCowen/Baldwin, selecting the SPACE application for CDBG funds, with an
amendment that in future years the City Council provide preference to Plowshares and
other applicants, and authorizing staff to proceed with preparation and submittal of an
application.
Council discussed the competition and the needs of each applicant.
Motion carried by the following roll call vote: AYES: Councilmembers McCowen,
Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Crane and
Rodin.
Councilmember Rodin returned to the meeting.
1
NEW BUSINESS
Adoption of Resolution Endorsing Application for an Urban Streams
Restoration Grant and Determining Appropriate Environmental Impact
Document~ Conditionally Accepting Grant if Offered, and Designating
Contact Manager and Fiscal Agent
Public Works Director/City Engineer Steele advised that E Center Mendocino
Fisheries Program has prepared an application for Department of Water Resources
Urban Streams Restoration Grant Program funding totaling $417,070.33. The proposed
stream restoration projects total approximately $467,725. The balance of the funding
will be in the form of in-kind contributions from landowners and the E Center, and
includes a contribution of up to 80 hours of City of Ukiah Public Works staff time for
consultations and guidance.
Joe Scribbin, representing the E Center, discussed the project and noted that
Mendocino Fisheries Program staff has prepared project descriptions, justifications and
cost estimates, provided photos, and obtained access permission from adjacent
landowners. He went on to discuss plants, restoration, fish passage, culverts by
Babcock Lane to prevent future flooding, and plans for Gibson Creek.
M/S McCowen/Baldwin adopting Resolution 2005-28, endorsing application for an
Urban Streams Restoration Grant and determining appropriate environmental impact
document, conditionally accepting grant if offered, and designating contract manager
and fiscal agent, carried by the following roll call vote: AYES: Councilmembers
Regular Ukiah City Council Meeting
January 19, 2005
Page 7 of 10
McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None.
ABSENT: Crane.
9. NEW BUSINESS
9c. Authorize City Manager to Submit Applications for Membership in CSCDA
and Pursue Participation in California Vehicle License Fee "Gap"
Receivable Bond Sale
Finance Director McCann summarized the project by stating that the State failed to
include expected "backfill" payments with Vehicle License Fee payments in the fall of
2003, leaving a "gap" in total payments due to the City in the 2003-04 fiscal year.
Passed in November 2004, Proposition lA obligated the State to pay this gap to the
City, creating a "receivable" with local governments, due by 2006, with an escape
clause that gives them until 2008 if there is a financial emergency. This bond issue
finances that receivable, in exchange for an immediate payment of roughly 90% of the
face amount, and maybe most importantly, making it the bondholders' problem to collect
from the State.
M/S Rodin/McCowen authorizing City Manager to submit applications for membership
in CSCDA and participation in the VLF Program, develop a VLF Receivables Sale
Resolution and return to Council for approval on or before February 16, 2005, carried by
the following roll call vote: AYES: Councilmembers McCowen, Rodin, Baldwin, and
MayorAshiku. NOES: None. ABSTAIN: None. ABSENT: Crane.
9. NEW BUSINESS
9d. Authorize City Manager to Approve Bartle Wells Associates~ Contract for
Consultin; Services Related to Financing the Upgrade and Expansion of
Water and Wastewater Systems
Finance Director McCann briefly discussed his Staff Report to Council and advised
that Bartle Wells Associates ("BWA") was selected by Public Utility and Finance staff
from three bidders and a contract was signed on September 21,2004. As a result of the
preliminary work, the project has grown in scope and complexity. In order to fund this
expanded work load, BWA has asked for additional "Phase One" funding in the amount
of $44,000. He continued to discuss the water rate structure for the City of Ukiah and
for the Ukiah Valley Sanitation District.
Considerable discussion followed regarding:
;> The project was underbid because the City underestimated the work project that
needed to be completed
~> City Attorney Rapport discussed noticing requirements and provided legal
advise regarding Proposition 218, and whether the City is subject to it.
:> Councilmember McCowen was of the opinion that BWA should have foreseen
Proposition 218 expenses in their original bid. He also expressed concern that
the original and revised costs increased.
;> Councilmember McCowen drew attention to line items 13, 14, and 15 and
Mayor Ashiku agreed those items should be deleted for the time being.
;> Councilmember Rodin was of the opinion that staff should inquire of BWA as to
what they are specifically planning to do with regard to items 13 through 15.
Regular Ukiah City Council Meeting
January 19, 2005
Page 8 of 10
It was the consensus of the Council to leave items 13 through 15 in the contract on an
"as needed" basis.
M/S Ashiku/Baldwin authorizing City Manager to sign contract amendment to increase
Phase One total to $74,000 plus reimbursable expenses as outlined in the Staff Report
and increase funds budgeted for the project, with the exception of items 13, 14, and 15,
carried by the following roll call vote: AYES: Councilmembers McCowen, Rodin,
Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Crane.
9. NEW BUSINESS
9e. Ar~r~roval of Joint Sponsor Agreement with United States Army Corp of
En_~ineers
City Manager Horsley advised that the Army Corp of Engineers (ACE) initially did a
reconnaissance study to determine if a feasibility study for raising Coyote Dam would be
worthwhile. They have made the determination that it is worthwhile to go forward. The
City Attorney has reviewed the agreement between ACE and the Inland Water and
Power Commission for the Coyote Dam feasibility study and has one concern. This
concern is in regard to "Art. II.H which makes the Sponsor financially responsible for
any cost of developing a response plan for addressing any hazardous
substances ... existing in, on or under any lands, easements or rights-of-way that the
Government determines to be required for the construction, operation, and maintenance
of the project."
Councilmember Baldwin supported the City signing the Agreement and moving
forward with the matter. He expressed his concern with the methods which the City can
utilize to solicit other agencies to join this effort. He noted that the ACE has safety
issues, such as flood control, which may affect raising the dam.
M/S Baldwin/McCowen approving agreement between the Army Corps of Engineers
and Inland water and Power Commission for the Coyote Dam feasibility study.
Councilmember Rodin expressed the opinion that the City should look at obtaining
additional well water in the Ukiah valley since the City's wells are antiquated. She also
suggested that the City provide an analysis of the City's capacity and what is needed.
Mayor Ashiku discussed the issue of the City perfecting its water rights, instill the idea
of conservation, and the availability of water through improving the City's infrastructure.
Motion carried by the following roll call vote: AYES: Councilmembers McCowen,
Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Crane.
10. COUNCIL REPORTS
Councilmember Rodin reported that she attended a meeting of the Main Street Board
and a lot of time was spent discussing their non-profit status. She also attended a MTA
orientation meeting and her first MTA board meeting. MTA is looking for a location in
Fort Bragg to store their buses and they are looking for a transit site center in Ukiah.
They will be meeting again on Friday to discuss the possibility of reconsidering the
Ukiah railroad depot as a possible site. She also reported that she toured the Water
Regular Ukiah City Council Meeting
January 19, 2005
Page 9 of 10
Treatment Plant. She attended a Wagonsellers group meeting after the Council's last
meeting. The Wagonsellers group was happy that their issues were clarified by
RCHDC regarding the bridge. City Manager Horsley has offered to be a liaison
between Mendocino County Planning Director Ray Hall and the Wagonsellers group.
She also reported that she attended a conference in Yosemite with regard to water
issues and it was very informative. She reported that there is a one-day conference
planned in Sacramento in March concerning the status of California's budget.
11. CITY MANGER/CITY CLERK REPORTS
City Manager Horsley reported that Rick Paige submitted his resignation to MESA
effective in March. She advised that she met with Mayor Ashiku and Supervisor
Wattenburger regarding expected funding and improved crises services for the mentally
ill.
City Clerk Ulvila reported that as of the January 18th deadline, four applications were
received for appointment to the Airport Commission. Those applications have been
forwarded to the Airport Commission for review and comment. The City Council is
scheduled to fill the vacancy at its February 2nd meeting.
Adjourned to Closed Session at 10:42 p.m.
12. CLOSED SESSION
a. G. C. ~54957.6- Conference with Labor Ne.qotiator
Employee Organization: Management Unit
Agency Designed Representative: Candace Horsley, City Manager
No action taken.
Reconvened at 11:15 p.m.
13. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 11:15 p.m.
Marie Ulvila, City Clerk
Regular Ukiah City Council Meeting
January 19, 2005
Page 10 of 10
