Loading...
HomeMy WebLinkAboutMin 11-03-04MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, NOVEMBER 3, 2004 The Ukiah City Council met at a Regular Meeting on November 3, 2004, the notice for which had been legally noticed and posted, 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: Rodin, Smith, Baldwin, and Mayor Larson. Staff present: Public Utilities Project Manager Burck, Community Services Director DeKnoblough, City Manager Horsley, Water Treatment Plant Manager Jamison, City Attorney Rapport, Airport Manager Richey, Community Services Supervisor Sangiacomo, Deputy Public Works Director Seanor, Planning Director Stump, Police Chief Williams, Public Utilities Director Ziemianek, and Deputy City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Ukiah Fire Captain Hilliker led the Pledge of Allegiance. 3. PROCLAMATION 3a. Proclamation: National Hospice Month Mayor Larson read the Proclamation designating November 2004 as National Hospice Month and encouraged citizens to increase their awareness of the importance and availability of hospice services and to observe this month with appropriate activities and programs. A lady representing Phoenix Hospice accepted the Proclamation and thanked Council. 4. APPROVAL OF MINUTES 4a. Al~l~roval of Minutes of June 29-307 2004 Budget Hearings Mayor Larson noted a correction to the first sentence in the second paragraph on page 3 that should read, "He continued to discuss alternatives to the budget and recommended ..." M/S Baldwin/Smith approving portions of the Minutes of June 29-30, 2004 Budget Hearings as amended, and carried by unanimous consent. 4. APPROVAL OF MINUTES 4b. Re.qular Meeting of October 67 2004 Councilmember Smith recommended a correction to the last sentence in the fourth paragraph on page 6 to read, "He explained that Councilmember Smith presented the Service Agreement to NCPA and it unanimously approved use of reserve funds." He also recommended a correction to the fourth paragraph on page 7 to read, "It was the consensus of the Council to solicit applications from candidates and the general public for appointment to the vacancy with the deadline of November 4th.'' M/S Baldwin/Rodin approving the Regular Meeting Minutes of October 6, 2004, as amended and carried by unanimous consent. 5. RIGHT TO APPEAL Regular City Council Meeting November 3, 2004 Page 1 of 9 Mayor Larson read the appeal process. 6. CONSENT CALENDAR M/S Rodin/Smith approving items "a" through "d" of the Consent Calendar as follows: a. Rejected Claim for Damages Received from Seizer Realty and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; b. Received Notification to Council Regarding Purchase of 4,500 ft. of 4/0 AWG Aluminum, 15 KV, EPR Insulated, Jacketed, Concentric Neutral, Single Conductor Cable to the Okonite Company in the Amount of $6,692.56; c. Awarded Bid to Discovery Office Systems for a Five Year Lease of Two Copier Machines in the Amount of $625.02 Per Month; d. Authorized City Manager. to Execute a Professional Services Agreement in an Amount not to Exceed $35,000 to Mead & Hunt for the Update of the Ukiah Regional Airport's Airport Layout Plan. Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Roy Smith, speaking as the Executive Director of the Ukiah Valley Association for Habilitation (UVAH), explained that during the December 2003 holidays there was a need to close the facilities operated by UVAH and Mayacama for a few days because a water pipe broke and flooded the west wing of the building. The Fire Department was called for assistance. On behalf of UVAH, he presented a Certificate of Appreciation to the Ukiah Fire Department. Joy Beeler, representing the Ukiah Main Street Program, explained that in April 2004 the Ukiah Main Street Program announced their business plan contest with the winning entry of the contest as Steve and Marta Turner, new owners of Dish on South School Street. 8. PUBLIC HEARING (6:45 P.M.) 8a. Adoption of Resolution Adjusting User Fees at the Ukiah Regional Airport Airport Manager Richey advised that at its September 7, 2004 meeting, the Ukiah Airport Commission unanimously recommended that User Fees at the Ukiah Regional Airport be increased an average of 16%. Staff surveyed other airports in Northern California and felt a 16% increase is warranted. He briefly discussed the pavement management program at the Airport and noted that they intent to initiate a building maintenance program in the near future. The newsletter was sent to all Airport tenants (approximately 112) and the fee increase was posted twice in the newspaper. Public Hearing Opened: 6:55 p.m. No comments received. Public hearing Closed: 6:55 p.m. M/S Smith/Rodin adopting Resolution 2005-13 modifying the rental rates and user fees at the City of Ukiah Regional Airport, carried by the following roll call vote: AYES: Regular City Council Meeting November 3, 2004 Page 2 of 9 Council members Rodin, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. 8. PUBLIC HEARING (6:45 P.M.) 8b. Adoption of Resolution Approving a Mitigated Negative Declaration for the City Wastewater Treatment Plant Improvement Proiect Planning Director Stump reviewed his Staff Report to Council concerning the proposed Mitigated Negative Declaration for the Wastewater Treatment Plant (WWTP) proposed Mitigated Negative Declaration for the WWTP Improvement Project. In order to comply with the requirement of the California Environmental Quality Act (CEQA), the City, with the assistance of professional consultants Scheidegger & Associates, prepared an Initial Environmental Study to determine if the project would have potentially significant adverse impacts on the environment. To address the impacts identified during the Initial Study, the City Staff has proposed that a number of "Control Measures" be incorporated into the Project which are procedures known to reduce the potential impacts based on regulatory agency requirements and standards in the industry. Some comments to the Mitigated Negative Declaration were received during the public comment period on the proposed Mitigated Negative Declaration. As part of the staff report, Mr. Scheidegger prepared written responses to those comments. Those responses concluded that the substance of those comments do not require additional mitigation measures or alter staff's recommendation to approve the Mitigated Negative Declaration. Director Stump provided details on the analysis in the Mitigated Negative Declaration, noting that the Mendocino County Land Use Commission found the Project compatible with the County's Land Use Plan. Mr. Stump noted an error in numbering the items in the Resolution which he corrected. Paul Scheidegger discussed the aerial photo of the existing WWTP, noting surrounding land uses. He went on to discuss the WWTP system and improvements made to the plant in the past. He briefly discussed Ukiah's Airport Land Use Plan. Public Hearing Opened: 7:15 p.m. Steven Belzer, Attorney for Mr. and Mrs. Richard Mattern who own property adjacent to the project site, argued that under the requirements of CEQA, the City cannot approve the Mitigated Negative Declaration and is required to prepare an Environmental Impact Report (EIR for the Project. He relied, in part, on written comments he submitted prior to the hearing to which Mr. Scheidegger had prepared written responses. In addition, Mr. Belzer made some additional arguments, including that (1) the Negative Declaration fails to identify or analyze the growth inducing impacts of the project; (2) the Negative Declaration defers the development of mitigation measures in violation of CEQA; (3) the Mitigated Negative Declaration does not contain an analysis of Project impacts outside of the flood plain or geotechnical investigations within the Project Expansion Area; (4) the City must fully design all facilities within the proposed Plant Expansion Area; and (5) the City must use the Plant Expansion Area for the project within seven years. Regular City Council Meeting November 3, 2004 Page 3 of 9 Tape lb Mr. Belzer also claimed that contrary to statements in the Mitigated Negative Declaration, workers at the lumber yard near the WWTP complain about odor from the existing plant facilities. He stated that the Mattern's advised him that WWTP Supervisor Gall did not obtain permission from the Mattern's for the cultural resources consultant to enter onto their property. Mr. Scheidegger responded to many of the issues raised by Mr. Belzer. It was his understanding the Mr. Gall did obtain permission to enter onto the Mattern property. City Attorney Rapport stated that the City could not resolve this conflict in testimony between Mr. Mattern and Jerry Gall, in part, because Mr. Gall is not present, but, in any event, that the issue is not relevant to its decision whether or not to approve the Mitigated Negative Declaration. Richard Mattern, 8021 So. State St., Ukiah, advised that Mr. Gall did not call him or his wife regarding obtaining permission, in fact if he had called, they would have refused. However, they did grant permission to Community Services Director DeKnoblough for access to their property to do an appraisal of the property. Mr. Scheidegger continued to discuss CEQA guidelines with regard to the Project as well as some of the history of the plant. He noted that there is discussion in the Initial Study with regard to growth inducing impacts. He went on to respond to other comments made by Mr. Belzer, with more in depth discussion concerning the issue of odor from the plant. City Attorney Rapport stated he is satisfied with the written responses to comments submitted prior to the hearing, but he suggested that the City Council continue its deliberations to November 17, 2004 to allow him time to research and respond to the additional arguments made by Mr. Belzer at the hearing. Public hearing closed: 7:52 p.m. There was a brief discussion as to whether Council should continue the matter as suggested by the City Attorney. The consensus of the City Council was to continue its deliberations on whether to adopt the Mitigated Negative Declaration to November 17, 2004, at 6:45 p.m. 9. UNFINISHED BUSINESS 9a. Public Information Regarding Street Sweel~in_cl in Residential Areae Deputy Director of Public Works Seanor explained that Staff has been working to prepare public information regarding routine sweeping in residential areas. He discussed posting the information on the City's website and that it would also be reformatted to fit a flyer that could be handed out at City Hall or sent out with a utility billing. The information will be presented in both English and Spanish. The street sweeping schedule was coordinated with garbage pick up days in neighborhoods. Regular City Council Meeting November 3, 2004 Page 4 of 9 Councilmember Rodin requested Staff provide Council with a report after the implementation of this schedule with regard to residents moving their cars so that street sweeping can occur. 9. UNFINISHED BUSINESS 9b. Restrictions on Appointment of City Council Member to Fill Vacancy City Attorney Rapport explained that at the last City Council meeting, the Council asked him to review information regarding Council appointments. Mayor Larson stated that he is not interested in running for the Council seat, which negates the problem. City Clerk Ulvila advised that a News Release was issued on October 21, 2004 soliciting applicants to apply for the vacancy created by former Councilmember Andersen. The deadline for submittal of applications is noon on November 4th. Recessed: 8:03 p.m. Reconvened: 8:10 p.m. 10. NEW BUSINESS 10a. Re_qulation of Growing Marijuana and Marijuana Dispensaries Under Compassionate Use Act City Attorney Rapport discussed his Staff Report which included his opinion of growing marijuana in backyards and dispensaries. As a result of the Compassionate Use Act, people with illnesses can be treated with marijuana and have a right to access it. They are also exempt from prosecution for use of marijuana. He discussed primary care giver status, and how other cities take a regulatory approach to dispensaries. Police Chief Williams advised that the Police Department has received numerous complaints and they are increasing each year. The complaints include the odor of the plants irritating neighbors and large gardens that are visible that create a safety concern when individuals steal the plants from gardens. Officers are being asked to respond to complaints of gardens and there is concern with the safety of children, the neighborhood, and of officers. He explained that Proposition 215 makes no requirement to have an identification card if an individual has a garden. City Attorney Rapport advised that the most efficient way for the Council to address this problem would be to address gardens and dispensaries separately in an Ordinance. The City has latitude for how it wants to regulate the use of marijuana. He went on to discuss state and local regulations but he has been unable to locate information from other cities with regard to growing marijuana in back yards. He noted that requiring a business license fee for marijuana gardens would be a violation of the Compassionate Use Act. He discussed abating the violation and requiring a permit if people want to grow it in a residential zone. He also recommended setting a limit on the number of plants per person, such as six plants, and if they have more than that, they would be in violation or they would be required to obtain a permit. Regular City Council Meeting November 3, 2004 Page 5 of 9 Members of the audience speaking to the issue included: Larry Puterbaugh, Ana Araiza, Eric Crane, Dave Wilkins, Bruce Foster, Miles Gordon, Susan Knopp, Daniel de la Peza, Gary Hudson (Mendocino County Sheriff's Office), Dean Wolbach (Mendocinco Air Quality Management District), and John McCowen. Tape #3 Discussion continued with regard to setting the minimum number of plants an individual can grow in a garden in back of their residence. It was the consensus of the Council to direct Staff to prepare an Ordinance for Council's consideration at a future meeting. Council specified that there be a three-plant limit per person. 10. NEW BUSINESS 10b. Adoption of Resolution Finding Negative Declaration Certified on March 3, 2004 Adequate for Final Design of Water Treatment Plant Upgrade Proiect and Approving the Final Desi.qn Director of Public Utilities Ziemianek discussed his Staff Report to Council concerning adoption of a Resolution finding the Negative Declaration certified and adequate for the final design of the Water Treatment Plant Upgrade Project and approving the final design. To bring the treatment plant into compliance with the California Department of Health Services (DHS) regulations as soon as possible, he recommended a reduction in the scope of the original Water Treatment Plant Upgrade Project from two new filter treatment units to one. This additional treatment unit is needed to provide redundant capacity when one of the two existing treatment units is out of service, as required by DHS regulations. Discussion ensued related to various topics including: the water treatment plant expansion, the certification process for the Negative Declaration for the project, Staff meeting with the design firm regarding changes to Title 22 regulations, the number of treatment modules, the recommendation to not use the fourth filter, cleaning the filters, seasonal changes in the river leading to turbidity, and well maintenance. There was also discussion of the Ranney collector. M/S Rodin/Baldwin adopting Resolution 2005-14 finding Negative Declaration certified on March 3, 2004 adequate for final design of Water Treatment Plant Upgrade Project and approving the final design for said plant; carried by the following roll call vote: AYES: Council members Rodin, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10c. Adoption of Resolution Approvin_cl Sin_ale Member Services Agreement and Master Confirmation Agreement~ Authorizing city Mana.qer to Si_~n Same and Authorizing City Manager/Public Utilities Director to Approve Various Transactions to Purchase Energy As Needed Public Utilities Director Ziemianek discussed his Staff Report to Council and noted that City Attorney Rapport has been working the NCPA's attorneys to formulate the agreement. Staff would like to move forward with the purchase of replacement power for the City. Regular City Council Meeting November 3, 2004 Page 6 of 9 City Attorney Rapport explained that NCPA will purchase power in its name for the City. The City will have an agreement with NCPA and will then enter into a contract with counter parties. NCPA wants the City to assume the full financial transaction. He went on to discuss the member services agreement, master confirmation agreement, and modifications to the contract. M/S Baldwin/Smith adopting Resolution 2005-15 approving Single Member Services Agreement and Master Confirmation Agreement, authorizing City Manger to sign same and authorizing City Manager/Public Utilities Director to approve various transactions to purchase energy as needed; carried by the following roll call vote: AYES: Councilmembers Rodin, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. Tape 3b 10. NEW BUSINESS 10d. Adoption of Resolutions Approving Applications for State of Californi_~ Department of Parks and Recreation Grants for Various Park Improvement Projects Community Services Supervisor Sangiacomo discussed his Staff Report to Council and advised that the City received a grant from the 2000 Bond Act in the amount of $200,000. Staff has identified three projects which meet the criteria for application and is recommending they be included in the application process. The three projects identified are the Skate Park Development Project, Anton Stadium Rehabilitation Project, and the Aquatics Center Rehabilitation. It was the Consensus of Council to approve the Skate Park, Anton Stadium Rehabilitation, and Ukiah Municipal Swimming Pools Projects as proposed by Staff. M/RC Rodin/Baldwin Adopting Resolution 2005-16 approving the application for grant funds for the Roberti-Z'Berg-Harris Nonurbanized Area Need-Basis Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 for the Ukiah Skate Park Development Project; Resolution 2005-17 approving the application for grant funds for the Roberti-Z'Berg-Harris Nonurbanized Area Need-Basis Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 for the Anton Stadium Rehabilitation Project; and Resolution 2005-23 approving the application for grant funds for the Roberti-Z'Berg-Harris Nonurbanized Area Need-Basis Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 for the Ukiah Municipal Swimming Pools Rehabilitation Project. John McCowen voiced his support for the Skate Park Project because matching funds would come from private resources, but expressed concern with the City providing matching funds for the other projects given the budget deficit. Community Development Director DeKnoblough explained that he met with Supervisor Shoemaker and he agreed to request funds from the Board of Supervisors, with a portion of the funds dedicated to the Anton Stadium Project. He briefly discussed the situation at the pool. Regular City Council Meeting November 3, 2004 Page 7 of 9 There was a brief discussion concerning the use of volunteers to assist with completion of these projects. Staff advised that once a bid is awarded, the recipient has eight years to complete the project. There was also a brief discussion of capital funds that the school district receives and the possible use by the City for such projects. Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 11. COUNCIL REPORTS Councilmember Rodin expressed her congratulations to newly elected Councilmember Douglas Crane and Mayor Ashiku, and advised that she is looking forward to working with them and to be an effective council. She also wished current Councilmember Smith and Mayor Larson the best. Councilmember Smith reported that he attended a NCPA meeting a couple weeks ago and brought back information to distribute to Council. There's a lobby workshop in Sacramento in January and NCPA will Pay the cost for City representatives to attend. The NCPA trip to Washington, D.C. is scheduled for April 2005 and the Council's new NCPA representative should attend. Vice Mayor Baldwin reported he has a conflict in attending the Inland Water and Power Commission meeting at the Conference Center on November 18th with the Army Corp of Engineers concerning the Redwood Valley project. He advised that he is sad to see Mayor Larson leaving and thought he was very generous with the public's expression at meetings. He is looking forward to the next few years on the Council. Mayor Larson congratulated Mari Rodin and Doug Crane for being elected to the City Council and to Mark Ashiku who was elected Mayor. He felt all of the candidates ran good campaigns. He was extremely disappointed that Measure N, the Public Safety Sales Tax, did not pass. This measure was a priority for him. He discussed the situation with the City's budget and the potential loss of City services. 12. CITY MANGER/CITY CLERK REPORTS City Manager Horsley reported that Staff will return in January 2005 with recommendations for budget cuts and options for Council's consideration. She will be meeting the County's interim CAO, Jay Hull. She inquired as to Council's preference for receiving presentations from applicants for the appointments to the City Council. It was the consensus of the Council to hear the City Council applicants' presentations in the Council Chambers. Deputy City Clerk Ulvila reported to Council on the number of absentee and provisional ballots that are still uncounted. Adjourned to Closed Session at 11:05 p.m. Regular City Council Meeting November 3, 2004 Page 8 of 9 13. CLOSED SESSION a. G.C. ~54957.6-Conference with Labor Negotiator Employee Negotiations: Directors & City Manager Labor Negotiator: Candace Horsley No action taken. 14. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 11:25 p.m. Marie Ulvila, City Clerk Regular City Council Meeting November 3, 2004 Page 9 of 9