HomeMy WebLinkAboutMin 07-06-05 CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
July 6, 2005
The Ukiah City Council met at a Regular Meeting on July 6, 2005, the notice for which had
been legally noticed, at 6:35 p.m. in the Civic Center Council Chambers, 300 Seminary
Avenue, Ukiah, California.
1. ROLL CALL: Present: Councilmembers Crane, McCowen, Rodin, Baldwin, and
Mayor Ashiku
2. PLEDGE OF ALLEGIANCE: The audience recited the Pledge of Allegiance.
3. APPROVAL OF MINUTES
3a. Special Meeting Minutes of February 287 2005 - Budget Workshop and
Discussion of
Proposed Ballot Measure
M/S McCowen/Baldwin approving the Special Meeting Minutes of February 28, 2005-
Budget Workshop and Discussion of Proposed Ballot Measure as presented, carried by the
following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and
Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None.
3. APPROVAL OF MINUTES
3b. Joint City Council & UVSD Meeting Minutes of May 187 2005
M/S Crane/Rodin approving the Special Joint Meeting Minutes of the City Council and
Ukiah Valley Sanitation District (UVSD) meeting of May 18, 2005 as presented, and carried
by a unanimous voice vote of the Council.
3. APPROVAL OF MINUTES
3c. Joint City Council & UVSD Meeting Minutes of June 17 2005 - Wastewater
M/S McCowen/Rodin approving the Special Joint Meeting Minutes of the City Council and
the Ukiah Valley Sanitation District (UVSD) meeting of June 1,2005 - Wastewater, and
carried by a unanimous voice vote of the Council.
3. APPROVAL OF MINUTES
3d. Regular Meeting Minutes of April 207 2005
Councilmember McCowen noted a correction to the spelling of
paragraph three on page 7 to "David Beebe".
"David Brebe" in
M/S Rodin/McCowen approving the Regular Meeting Minutes of April 20, 2005 as
corrected, and carried by the following roll call vote: AYES: Councilmembers Crane,
McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT:
None.
Regular City Council Meeting
July 6, 2005
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4. RIGHT TO APPEAL DECISION:
Mayor Ashiku read the appeal process.
5. CONSENT CALENDAR: Mayor Read
M/S Baldwin/Rodin Approving Consent Calendar Items "a" Through "e" As Follows:
a. Received Report Regarding Grace Hudson Museum Securing the Services of David
Smith as Computer Services Specialist for the Upcoming Fiscal Year;
b. Adopted Resolution 2006-01 Declaring Results Special Municipal Election of June
7, 2005;
c. Approved Publishing Services by Ukiah Daily Journal for Fiscal Year 2005/2006, In
The Amount of $5.42 Per Column Inch for the First Day And $3.76 Per Column Inch
For Additional Days;
d. Received Report of Acquisition of Professional Services From EBA Engineering For
Environmental Services at the Corporation Yard In the Amount of $8,980.20 and
Approve Budget Amendment In The Amount of $8,980.20;
e. Received Report Regarding Grace Hudson Museum Securing the Services of Keith
White Wolf James as Native American Educator for the Upcoming Fiscal Year.
Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen,
Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None.
6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS:
Dotty Coplen recommended the City post the Planning Commission agenda on its Web
site.
Pat Sanborn, Gang Prevention Committee member, invited the Council and community to
attend a presentation by Father Gregory Boyle on July 26t' and July 27th at Ukiah High
School.
7. PUBLIC HEARING (6:45 P.M.)
7a. Adoption of Negative Declaration and Introduction of Ordinance Addinc~
Section 9254~ Entitled "Marijuana Cultivation" To Division 97 Chapter 27 Article
19 of the Ukiah City Code
Planning Director Stump discussed his Staff Report with Council and reported that the
Planning Commission had conducted three public hearings/workshops to consider the
Draft Ordinance and provide a forum for public discussion. He explained that the Planning
Commission concluded that if a patient could demonstrate that because of size and/or
shape of their parcel, as well as the physical characteristics of the surrounding
neighborhood, limited outdoor growing could be accomplished in an inconspicuous and
safe way, the decision-makers could permit a maximum of two to four plants to be
cultivated outdoors. The Planning Commission believes that it's recommended Ordinance
achieves the needed balance between the needs of true medical marijuana patients and
the safety concerns and issues raised by residents.
Discussion followed between Council and Staff with regard to the Planning Commission's
recommended modifications to the Draft Ordinance. Staff reported preparing an Initial
Environmental Study to analyze the potential impacts and concluded that the proposed
regulations would not have a significant adverse impact on the environment. No impacts
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July 6, 2005
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were identified, and a Negative Declaration was prepared and made available for public
review and comment.
City Attorney Rapport discussed legal issues associated with the Ordinance and the
possibility of providing a definition for "mature" and "immature" plants in the Ordinance.
Public Hearing Opened: 7:00 p.m.
Members of the audience speaking in support of the proposed Ordinance were: Peter
Coleman, Tina Gordon, Ragene Brown, Judy Pruden, and Keith Gordon.
Members of the audience that voiced their opposition to the proposed Ordinance were:
Dane Wilkins, Executive Director of Northern California's National Organization for the
Reform of Marijuana Laws (NORML), John Wise, Mike Aubrey, Les Crane, Pebbles
Trippet (Medical Marijuana Patients Union), Carol Burns, Kashmir Berry, Nina Matysiak,
Marty Mine, and Laticia (no last name given).
Public Hearing Closed: 8:01 p.m.
Discussion followed with regard to a recent opinion from the California State Attorney
General's office regarding marijuana cultivation and dispensaries
It was the decision of Council,' with the exception of Councilmember Baldwin, directing
the City Attorney to review the California State Attorney General's opinion and provide an
analysis for the City Council's review and to continue the matter to the July 20~h meeting.
al
UNFINISHED BUSINESS
Discussion and Possible Action Regarding Utilizing An Alternate Date or Time
For Proclamations and Informational Items- Councilmember McCowen
Councilmember McCowen requested the Council consider the possibility of utilizing either
the fifth Wednesday of the month to discuss proclamations, informational items and
general discussion items, rather than including them on the regular Council agendas. As
an alternative, he suggested beginning meetings at 6:00 p.m. in order to provide an earlier
start.
The Council was supportive of beginning the Council meetings earlier. The City Manager
will prepare an amendment to the City Council meeting policy for Council's consideration.
9. NEW BUSINESS
9a. Discussion Regarding Fence at Gibson Creek
Councilmember Baldwin discussed the wrought iron fence spanning Gibson Creek off of
Standley Street stating it was his opinion that it poses a number of problems including
flooding, and creates a barrier to wildlife migration. He requested the Council consider
directing the property owner to remove the fence and consider conducting an appraisal of
the property for possible City acquisition in order to bring the property back to its original
state. He stated the City could act in a stewardship capacity for the property.
Public comment opened: 8:21 p.m.
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July 6, 2005
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Members of the public that spoke to the issue were: Linda Sanders, Pinky Kushner, Jan
Moore, Greg Foss, Mary Anne Miller, Rick Piffero (who offered to speak to Mr. Nix
concerning the matter), Kevin McNally, and Becky Thune.
Public Comment Closed: 8:40 p.m.
Considerable discussion followed between Council and City Staff regarding the matter.
Issues/concerns discussed included:
· City Attorney Rapport providing legal advice to Council with regard to obtaining an
engineer's certification and if the fence is not removed within 45 days, the City could
send a letter to the property owner notifying the property owner to comply within 10
regarding this stipulation or the City Attorney will seek legal action on behalf of the
City of Ukiah
· The height of the fence was within the City's requirements.
· The City Attorney noted that he did not think Gibson Creek could be considered a
navigable stream
· City Staff noted that when the City was informed of the fence placed in the stream,
Staff contacted the Department of Fish and Game, reviewed Federal Emergency
Management Authority (FEMA) maps, and was responsive to the initial call
· The Department of Fish and Game did not feel the gate is a problem for wildlife and
fish passage
· The property owner's concern with vandalism to the site is one reason why the
fence was constructed
It was the consensus of the City Council for the City to follow the process already in
place for enforcing correction of a FEMA violation on the subject property. It was also
recommended that Staff ask the property owner to improve the aesthetics of the fence and
consider working with the Inland Mendocino County Land Trust.
Recessed: 9:20 p.m.
Reconvened: 9:28 p.m.
9. NEW BUSINESS
9b. Discussion Regarding Formula Business Ordinances- Phil Baldwin
Councilmember Baldwin stated that the Walgreens project encouraged him to bring this
matter before the City Council for consideration. He discussed the New Rules Project and
recommended the City enact an Ordinance limiting or banning formula businesses from the
downtown core of the City.
Public comment opened: 9:30 p.m.
Members of the audience that spoke to the issue included: Jan Moore, Ruth Sander,
Linda Helland, Alea Waters, Joy Beeler (representing the Ukiah Main Street
Program), Laticia (no last name given), Pinky Kushner, Mary Anne Miller, Steve
Scalmanini, and Lang Russell.
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July 6, 2005
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Public Comment Closed: 10:00 p.m.
City Attorney Rapport provided legal advice to Council with regard to court decisions and
the legal rights of property owners. He went on to discuss the issue of defining what is
considered a formula business. Some cities require a special use permit and require
specific findings before a use permit could be issued.
Planning Director Stump explained that at the Council's July 20t' meeting, he will provide
information to Council with regard to form based zoning in the downtown area.
After discussing the matter, it was the consensus of the Council to direct the City
Attorney and Planning Director to research the matter and provide the Council with their
opinions and options available at the July 20th meeting.
9. NEW BUSINESS
9c. A[~[~ointment of City Council Representative to Mendocino Transit Authority
Mayor Ashiku recommended Councilmember Rodin be reappointed as the City Council's
representative to the Mendocino Transit Authority (MTA).
It was the consensus of the City Council to reappoint Councilmember Rodin as the City's
representative to the Mendocino Transit Authority for an additional two-year term.
9. NEW BUSINESS
9d. Discussion of City Council Representative to the Library Advisory Board
City Manager Horsley reported receiving a letter from the president of the Library Advisory
Board of Mendocino County regarding the City of Ukiah Council appointment to its Board.
Due to scheduling conflicts, the City's representative has been unable to attend the last
three meetings.
Discussion followed with regard to this matter and it was the consensus of the City
Council directing City Staff to write a letter to the Library Board informing them that
Councilmember Baldwin would attend the meetings for the summer.
9. NEW BUSINESS
9e. Consideration and Adoption of Resolution Approving Memorandum of
Understanding For Employee Bar.qainin.q Unit- Mana.qement
Councilmember McCowen requested the matter be discussed in Closed Session prior to
making a decision.
10. COUNCIL REPORTS
Mayor Ashiku reported that he and Councilmember Crane, and City staff will be meeting
with Brown and Caldwell regarding the Wastewater Treatment Plant this Friday, July 8t~.
He will provide a report to Council at its next meeting.
Councilmember Rodin reported attending a conference in Sacramento in which she
learned about form based zoning and local government commissions. They will be posting
their Power Point presentation on the internet soon and she thought it would be useful to
the July 20th Council discussions on the matter.
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July 6, 2005
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11. CITY MANAGER/CITY CLERK REPORTS
City Clerk Ulvila advised that she will be on vacation during the week of July 18t' and
Executive Assistant Petersen will record the July 20t' meeting. The extended deadline for
City Commissions applications closes July 12t'.
12. CLOSED SESSION - Adjourned at: 10:50 p.m.
12a. Conference with Labor Negotiator C.C. §54957.6
City Designated Representative: Candace Horsley, City Manager
Employee Organization: Management Unit
Reconvened at: 11:30 p.m.
No action taken.
13. ADJOURNMENT: There being no further business, the City Council meeting adjourned
Marie Ulvila, City Clerk
Regular City Council Meeting
July 6, 2005
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