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HomeMy WebLinkAboutMin 07-20-05MI'NUTES OF THE UKZAH CZTY COUNCZL REGULAR MEE'rZNG WEDNESDAY, .]ULY 20, 2005 The Ukiah City Council met on July 20, 2005, the notice for which had been legally noticed at 6:30 PM. . ROLL CALL Councilmembers were present: Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. Staff present: City Manager Horsley, Planning Director Stump, Sandra Liston, Associate Planner T, Public Utilities Director Ziemianek, and Deputy City Clerk Petersen. 2. PLEDGE OF ALLEGIANCE led by Councilmember Crane. 3, PROC LAF4ATZON / INTRO DUCTZO N a. Proclamation: Legends of the Redwoods Native American Marathon Day The Proclamation, proclaiming July 30, 2005 as "Legends of the Redwoods Native American Marathon Day" was read by Mayor Ashiku. Sherrie Smith-Ferry, Director, Cultural Arts/Museum and David Hance, Interim Director Mendocino Promotional Alliance were present to receive the Proclamation. b. Tntroduction of New Electrical Distribution Engineer Elizabeth (Liz) Kirkley Bernie Ziemianek, Director of Public Utilities, introduced Elizabeth, highlighting her many years of experience. . APPROVAL OF HTNUTES a. Special Meeting Minutes of April 19, 2005 M/S Crane/Baldwin approving the Minutes of the Special Meeting held April 19, 2005; carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin, Mayor Ashiku NOES: None ABSENT: None ABSTAIN: None Sm R:[GHT TO APPEAL DECTS:I:ON 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's Boards and Agencies may be judicially challenged. m CONSENT CALENDAR bl/S Crane/Baldwin approving the Consent Calendar Items "a" through 'T' as follows: a. Approved Disbursements for Month of June 2005; b. Adopted Resolution 2006-02 of the Council of the City of Ukiah Approving the Execution of Supplement No. 4 to the Northern California Power Agency (NCPA) Joint Powers Agreement (.]PA) Wherein Such Supplement No. 4 Ukiah City Council Regular Meeting July 20, 2005 El Provides for the San Francisco Bay Area Rapid Transit (BART) District to Become a Signatory Party to the NCPA .1PA; c. Received Notification of Emergen'cy Purchase from Weir Floway for Two 25 HP Sump Pumps in an Amount Not to Exceed $26,030 Plus Applicable Tax; d. Received Report to the City Council Regarding Acquisition of Services from the City of Light Sound and Recording for Sound Management of the 2005 Sundays in the Park Concert Series in the amount of $6,000; e. Awarded Bid to FASCO Company in the Amount of $20,138.00 and to Eagle One Company in the Amount of $5,618.96 for the Purchase of Department Evidence Facility Storage Equipment; f. Adopted Resolution 2006-03 Approving Agreement with California State Board of Equalization to Administer COU Transaction and Use Tax; g. Awarded Bid to Borges Transfer for the Purchase of 286 Yards of ]Infield Mix in the Amount of $9,698.26 for the Construction of a Third Field at the Ukiah Sports Complex; h. Received Report to City Council Regarding the Purchases of Services from HLR Roofing for the Repair of Roof Tile at the Ukiah Civic Center in the Amount of $5,400; i. Adopted Resolution 2006-04 amending the rules governing Council meetings with regard to starting time for Council meetings. Motion carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin, Mayor Ashiku NOES: None ABSENT: None ABSTAIN: None AUDIENCE COMMENTS ON NON-AGENDA I'TEMS No comments from the audience. PUBLIC HEARZNG (6:45 P.M.) a. Continued Hearing on Introduction of Ordinance Regulating Cultivation of Medical Marijuana - City Attorney's Report on effect of Attorney General Opinion No. 04-709, dated 3une 23, 2005. City Manager Horsley reported that City Attorney, David Rapport, is available via cell phone from a remote site. City Attorney Rapport advised the Attorney General's Opinion No. 04-709 is consistent with previous analysis brought before the City Council. The only variant to the law would be the issue of 6 plants per parcel versus 6 plants per caregiver. Public Hearing Opened. Members of the public who addressed the Council concerning the proposed Ordinance included: Pebbles Trippet, Richard Hamilton, Dane Ukiah City Council Regular Meeting July 20, 2005 Wilkins (Director of Northern California NORMAL Educational Corporation), and Judy Pruden. Public Hearing Closed. The Ordinance reviewed at this meeting has been revised to reflect the recommendation (reflected in bold and strike out) of the Planning Commission. Councilmember Baldwin questioned whether the Council can act on the Ordinance if any of the recommendations are not acceptable to the Council. Director Stump responded that the Commission anticipated the Council would review the recommendations and expects there to be revisions. Councilmembers reviewed the recommendations, as submitted by the Planning Commission. Per response by City Attorney, this Ordinance would take effect thirty (30) days after adoption. M/S Baldwin/McCowen to adopt the Negative Declaration; carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin, Mayor Ashiku NOES: None ABSENT: None ABSTATN: None Public Hearing Reopened Audience requesting Councilmembers consider issues identified by the Citizen Advisory Board included: Judy Pruden. Pebbles Trippet submitted a copy of Anderson Valley Advertiser entitled "Ukiah Medical Marijuana Regulations Violate State Law- Piecemeal Pot Prohibition". Dane Wilkins Members of the public who addressed the Council included .ludy Pruden, Dane Wilkins, John Kvasnicka, Pebbles Trippet, Ukiah Morrison, and Verge Belanger. Public Hearing Closed Councilmember McCowen responded to public concerns stating that the Ordinance being contemplated is not about medical marijuana, it is about attempting to deal with the unintended consequences of unregulated medical marijuana growing, primarily in residential zones. Council is still trying to balance the legitimate needs of medical marijuana patients with the public safety aspects. Additionally, he does appreciate the effort the Planning Commission put in to review this Ordinance and closer examination would show the Council has accepted most of the recommended changes. The principal exception is whether it should be six plants per qualified caregiver or six plants per parcel for residential zones. The City Attorney has stated that the six plants per parcel limit in a residential zone are defensible. Councilmember McCowen stated his belief Ukiah City Council Regular Meeting July 20, 2005 that the six plant limit was necessary if the City is to have a reasonable chance to address the public safety impacts that, based on experience, are likely to occur. Council discussed whether the inclusion of the Citizens Advisory Board within the Ordinance is appropriate at this time. Further discussion is needed to .identify how this Board would function. M/S McCowen/Baldwin introducing Ordinance by title only. Councilmember Baldwin responded to public comment stating the primary opposition to this Ordinance is not coming from those individuals who medically need the marijuana, it is coming from the commercial growers; people in it to make a profit. Motion carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin, Mayor Ashiku NOES: None ABSENT: None ABSTATN: None Deputy Clerk Petersen read the Title of Ordinance. M/S McCowen/Baldwin to introduce the Ordinance, as presented with the Planning Commission changes, amending it as follows: Paragraph 8, page 2 -"At a series of City Council meetings commencing November 3, 2004 and concluding .luly 20, 2005, several members of the public testified to problems in their neighborhoods related to marijuana cultivation including impacts associated with intense cultivation of mature plants growing as tall as fourteen (14) feet, both within and exceeding a 100 square foot area. These impacts range from increased traffic to acts of violence, intimidation and armed guards stationed in backyards". Paraqraph 11, paqe 2 - the recommended change to "per parcel" Paraqraph 15, paqe 3- strike "qualified patient or primary caregiver" restore "parcel" Paqe 5, Item (B1) - Eliminate "qualified patient or primary caregiver" Paqe 5, Item (B 4.) - Strike "religious assembly". Revise bold to read: "unless it is determined through the discretionary review process that a distance of not less than two hundred (200) feet will not be detrimental to the public health, safety or general welfare". Paraqraph 5, page 5 - Striking "qualified patient or primary caregiver to a maximum of four plants per" and insert in the last sentence, "a six-foot tall locked fence or gate", Top Line, paqe 6 - Change "four outdoor plants" to "two". Paraqraph a, paqe 6 - Is revised to allow the planting of "no more than two plants concealed from view that could comply" Paraqraph b, paqe 6 - Is revised to read "and would not conflict with the growing of no more than two outdoor plants" Ukiah City Council Regular Meeting July 20, 2005 g 10, Paraqraph 9, page 7 - Hove to paragraph B., page 5. B. would then read: "Mariiuana Cultivation in Residential Zoninq Districts. Marijuana cultivation may be permitted in the R-l, R-2, R-3, and C-N zoning districts and on legal non-conforming residential parcels in the C-1, C-2, M, -A, and A-E zoning districts in the City." Motion carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin, Mayor Ashiku NOES: None ABSENT: None ABSTAIN: None Unfinished Business a. Discussion of Znterim Urgency Ordinance Zmposing a Moratorium on Formula Businesses within the Downtown Business District and on Perkins and Gobbi Streets City Manager Horsley asked if the Councilmembers wanted to continue this matter until City Attorney Rapport is in attendance. Councilmembers McCowen and Crane stated that they had a possible conflict of interest based on ownership of property in the affected area. Councilmember Baldwin encouraged consensus by Council to open the meeting for public comment. Councilmembers McCowen and Crane recused themselves due to a possible conflict of interest and left the room. Public Comment: Albert Krauss encouraged Council not to be trapped by fear of the law. Redefine the entire issue applying requirements to all businesses not just formula businesses. MaryAnn Miller stated that if the Council has the power to zone and to limit use, limit the use where there is possible hazard or possible harm. Adopt the Urgency Ordinance and study this more profoundly. Public Citizen encouraged Council to move forward as fast as possible and sees no problem. If conflict of interest is because of downtown, make this city-wide. Comment closed. Councilmembers having potential Conflict of Interest will be contacting the Fair Political Practices Commission to discuss the matter and request a response in writing. Matter continued to August 3, 200S. New Business a. Lake Mendocino Hydro Electric Plant Restart Commission Project Utilities Director Bernie Ziemianek presented a PowerPoint presentation to the Councilmembers providing a comprehensive outline of the proposed hydroplant Ukiah City Council Regular Meeting July 20, 2005 10. lO. 11. restart project. Director Ziemianek reviewed necessary modifications to the powerhouse, completing the presentation by stating that the estimated cost to bring the hydroplant to full operation is $1.35M. Based on an analysis of flow characteristics over the past ten years and projection of flow changes suggested by the National Oceanic and Atmospheric Administration Fisheries (NOAAF), estimated yearly revenue is expected to be $750,000 per year. Base on this equation, payback of the bond for start-up costs could be repaid within two years. M/S Rodin/M¢Cowen approving the Lake Mendocino Hydro Electric Plant Restart Project; carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin, Mayor Ashiku NOES: None ABSENT: None ABSTAIN: None New Business b. Consideration and Direction to Staff with Regard to Recruitment of Applicants to City Commissions Councilmembers were advised of status of applications. Design Review Board and Parks, Recreation and Golf Commission did not receive applications equal to the number of vacancies. M/S McCowen/Baldwin to forward with those for whom we have enough applicants to form a quorum and interview those applicants and appoint whomever the Council feels is qualified. Those where there are not enough applicants to form a quorum and readvertise; carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin, Mayor Ashiku NOES: None ABSENT: None ABSTAIN: None New Business c. Consideration and Adoption of Resolution approving Memorandum of Understanding for Employee Bargaining Unit- Management M/S McCowen/Rodin adopting Resolution2006-05 approving the Memorandum of Understanding for the Management Bargaining Unit; carried by the following roll call vote: 'AYES: Crane, McCowen, Rodin, Baldwin, Mayor Ashiku NOES: None ABSENT: None ABSTAIN: None COUNCZL REPORTS Councilmembers: Crane: None McCowen: None Ukiah City Council Regular Meeting July 20, 2005 Rodin: None Baldwin: Albert Krauss commented on the volume of the audio system in the Council Chambers. Mayor Ashiku: None 12. CZ'i'Y F4ANAGER/CI'TY CLERK REPORTS City Manager Horsley reminded Councilmembers of the time change of the meetings from 6:30 plVl to 6:00 plVl beginning with August 3, 2005 regular meeting. The new meeting time will be included on the City's web page. 13. CLOSED SESSTON a. Conference with Labor Neqotiator G.C Section 54957.6 City designated representative: Candace Horsley, City IVlanager Employee Organization: IVlanagement Unit Matter covered under Agenda Item 10.c 14. ADJOURNI~IENT There being no further business, the meeting was adjourned at 10:45 p.m. Gail Petersen, Deputy City Clerk Ukiah City Council Regular Meeting July 20, 2005