HomeMy WebLinkAboutMin 06-15-05MINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING
WEDNESDAY, June 15, 2005
The Ukiah City Council met at a Regular Meeting on June 15, 2005, the notice for which
had been legally noticed, at 6:10 p.m. in the Civic Center Council Chambers, 300
Seminary Avenue, Ukiah, California.
1. ROLL CALL- Present: Councilmembers Crane, McCowen, Rodin, and Mayor
Ashiku. Absent: Councilmember Baldwin.
Staff present: Electric Supervisor Bartolomei, Community Services Director
DeKnoblough, City Manager Horsley, Water Treatment Plant Supervisor Jamison, Finance
Director McCann, City Attorney Rapport, Community Services Supervisor Sangiacomo,
Deputy Public Works Director Seanor, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Everyone recited the Pledge of Allegiance.
6:10 p.m.: Presentation from TJKM Transportation Consultants Regarding the Route
101 Corridor Interchange Study
Deputy Public Works Director Seanor advised that the Mendocino Council of
Governments (MCOG) established a work element in its Overall Work Program for Fiscal
Year 2004-2005 to conduct the Route 101 Corridor Interchange Study.
Mr. Arul Edwin, Associate and Santa Rosa Branch Manager of TJKM Transportation
Consultants, provided a presentation regarding the Route 101 Corridor Interchange Study,
as provided in the Council packet. He also discussed the possibility of hook ramps at
Brush Street to serve the Brush Street Triangle.
Phil Dow, Director of MCOG, stated that MCOG funded the study. He also stated that this
is a regional problem and should be approached with resources on a regional basis. It was
his estimate that $1.1 million would be needed for traffic mitigation fees. He noted that
there is an opportunity of looking at joint funding with the County, particularly on North
State Street.
6:35 p.m.: Convened to regular meeting session of the City Council agenda.
3. INTRODUCTIONS/PROCLAMATION
3a. Introduction of New Water Treatment Employee~ Paul Zellman
Water Treatment Plant Supervisor Jamison introduced Paul Zellman, the Public Utilities
Department's newest water treatment employee and discussed his employment
background.
3. INTRODUCTIONS/PROCLAMATION
3b. Proclamation: "Recognition of Gay Pride Week"
Councilmember Rodin read the Proclamation designating June 12-19, 2005 as "Gay
Pride Week in the City of Ukiah".
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June 15, 2005
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Jod¥ Cole accepted the Proclamation on behalf of the Pride Alliance Network.
4. APPROVAL OF MINUTES
4a. Regular Meeting Minutes of April 207 2005
Mayor Ashiku advised the minutes of April 20, 2005 would be continued.
5. RIGHT TO APPEAL DECISION
Mayor Ashiku read the appeal process.
6. CONSENT CALENDAR
M/S McCowen/Rodin approving items "a" through "d" of the Consent Calendar as follows:
a. Approved Disbursements for Month of May 2005;
b. Awarded Bid to Spinlab Utility Instrumentation, Inc. for the Purchase of the 6000
Bird Dog Plus Analyzer in the Amount of $14,081.41;
c. Authorized the City Manager to Negotiate and Enter Into a Professional Consulting
Services Agreement with Brown and Caldwell to Update the City of Ukiah's 2002
Urban Water Management Plan for an Amount Not to Exceed $33,821;
d. Rejected All Bids and Authorize Acquisition by Cooperative Purchasing Method
The Purchase of a 2006 50' Digger-Derrick International 4300 4 x 2 to Altec
Industries, Inc. in the Amount of $160,756.58.
Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen,
Rodin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Councilmember
Baldwin.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Benj Thomas recommended the community be proactive in opposing hate crimes.
8. PUBLIC HEARING
8a. Adoption of Resolution Adjusting Fees for the Ukiah MUnicipal Golf Course
Community Services Director DeKnoblough discussed his Staff Report to Council and
noted that the Golf Course is projected to lose approximately $42,000 in Fiscal Year
2004/2005. Next year's budget, without a fee increase, reflects a $60,388 deficit which will
likely require a General Fund transfer.
Community Services Supervisor Sangiacomo provided a presentation to Council with
regard to the proposed Golf Course fee adjustments. He provided a budget history of the
Golf Course, how the City Council and Staff have dealt with the decline in revenue at the
Golf Course, provided a fee schedule analysis, discussed the fee comparison
spreadsheet, discussed how a better balance is needed in the fees charged for golf, and
focusing discounts that promote play during Iow demand periods. He summarized the
differences between the three scenarios presented by Staff. He explained that the fee
subcommittee of the Men's and Women's Golf Clubs were most supportive of Scenario #3
as it provided the greatest amount of revenue while retaining a fair and equitable discount
for the annual fee. Staff is recommending Council adopt the Resolution for Scenario #3.
Discussion followed with regard to:
· Comparison of fee schedules of other Golf Courses in Northern California areas
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June 15, 2005
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· Comparison of the three scenarios proposed by Staff
· Review of the Golf Course revenue and expenses
· Drainage issues at the Golf Course and lack of funds for the repairs
Public Hearing Opened: 7:25 p.m.
Members of the public that spoke to the issue and/or offered suggestions were: Faye
Hefte, Don Crawford, Hal Bray, Mickey Pope, Henry Carmichael, and Julie Dunn
Members of the public that spoke against the fee increase and offered suggestions were:
Eric Barkhurst (President of the Men's Golf Club), Warren Bilstein, Tony Latronica,
Tom Simmons, Don Rones, and Roland Nielsen.
Joe Chiles, Men's Golf Club representative to the Parks, Recreation, and Golf
Commission, advised that due to his work commitments, he will no longer be able to serve
on the Commission. He recommended that the City should approach the County for funds
to support the Golf Course since it is a tourist destination. He also recommended
sponsorship of the Golf Course and/or activities by individuals or businesses.
Public Hearing Closed: 8:26 p.m.
Council continued to discuss the three scenarios recommended by Staff as well as the
audience comments received during the Public Hearing portion of the meeting.
Public Hearing Reopened at 8:30 p.m. at the request of Councilmember Crane.
Robert Reid recommended possibly refinancing the back 9 holes.
Eric Barkhurst inquired as to the profit the City expects from the new fees.
Public Hearing Closed: 8:34 p.m.
Discussion continued between Council and Staff with regard to current and proposed fees.
Community Services Director DeKnoblough explained that the new rates are expected
to create an increase in revenue of approximately 30%.
Public Hearing Closed: 8:45 p.m.
Further discussion was had with regard to the fiscal stability of the Golf Course, Staff's
recommendations, and consideration of recommendations and comments made by the
public. It was the general concern of Council that the Golf Course needs to stay out of
debt and plan for maintenance improvements. It was noted that approximately $50,000 of
additional revenue per year is needed for the Golf Course to stay out of debt. This does
not include improvements necessary for the Course. There was a general consensus of
Council that the Golf Course should be self supporting. Consideration was given to not
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June 15, 2005
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increasing the rates for senior citizens or juniors. There was a brief discussion concerning
refinancing.
M/S McCowen/Rodin adopting Resolution 2005-48 incorporating Scenario #2 and
providing for a senior annual rate of $1,000 and $1,500 for couples for Monday through
Thursday play.
City Attorney Rapport recommended the terms, such as "limited", "unlimited", "Monday
through Thursday", "juniors", and the age considered for a "senior citizen" be defined in the
resolution.
Councilmembers Rodin and McCowen agreed with City Attorney's recommendation.
Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen,
Rodin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Councilmember
Baldwin.
Recessed: 9:18 p.m.
Reconvened: 9:32 p.m.
Adjourned to the Redevelopment Agency: 9:32 p.m.
Reconvened as the City Council: 9:40 p.m.
8. PUBLIC HEARING
8b. Adoption of Revised Ordinance Extending Temporary Moratorium on Outdoor
Cultivation of Mariiuana and Negative Declaration Under California
Environmental Quality Act
City Attorney Rapport explained that on May 4, 2005, the City Council adopted
Ordinance No. 1067, imposing a 45 day moratorium on outdoor cultivation of marijuana in
the City. An Ordinance adopting more permanent regulations on the cultivation of
marijuana was referred to the Planning Commission. The Planning Commission
conducted three public workshops and has formulated a recommendation for the City
Council's consideration at its July 6, 2005 meeting. The temporary moratorium expires on
June 18, 2005, and therefore, he recommended that the City Council extend the
moratorium ordinance adopted on May 4 by 10 months and 15 days to May 3, 2006, as
authorized by Government Code Section 65858(a). He also recommended two
modifications to the ordinance to delete the limit of six (6) plants per parcel and revise how
compliance with all legal requirements is expressed in the ordinance.
Public Hearing Opened: 9:45 p.m.
Members of the public that spoke in support of the proposed Ordinance were: Mark
Oswell, Tina Gordon, Dina Ortiz, Ragene Brown, Larry Puterbaugh, and Molly Hart.
Members of the public that spoke against the Ordinance were: Dane Wilkins of the
National Organization for the Reform of Marijuana Laws (NORML), Pebbles Trippet
(Medical Marijuana Patients Union), Greg Shipper, and Sowbug.
Public Hearing Closed: 10:22 p.m.
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June 15, 2005
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Discussion followed with regard to placing a limitation on the number of plants per parcel
or per qualified patient. There was also discussion concerning caregivers and what size
greenhouse would need a permit.
Councilmember McCowen recommended limiting cultivation to six (6) plants per parcel in
residential areas.
Mayor Ashiku discussed his concern for the public's safety as noted by recent criminal
acts involving the growing of marijuana in the City limits. It was his opinion that the more
plants allowed per parcel, the greater nuisance it presents.
M/S Crane/Rodin adopting Negative Declaration; carried by the following roll call vote:
AYES: Councilmembers Crane, McCowen, Rodin, and Mayor Ashiku. NOES: None.
ABSTAIN: None. ABSENT: Councilmember Baldwin.
M/S McCowen/Crane adding an amendment to Section 1 to allow six (6) mature or
immature plants grown indoors, which includes a greenhouse, on lots in the R1, R2, R3,
and CN Zoning Districts of the City of Ukiah, and adopting the Ordinance revising and
extending the moratorium on outdoor cultivation of marijuana, and adopting Urgency
Ordinance 1070 revising and extending moratorium on outdoor cultivation of marijuana
(Urgency Ordinance of the City Council of the City of Ukiah imposing an Interim
Moratorium on the outdoor growing of marijuana and the growing of marijuana within 300
feet of schools within the City of Ukiah); carried by the following roll call vote: AYES:
Councilmembers Crane, McCowen, Rodin, and Mayor Ashiku. NOES: None. ABSTAIN:
None. ABSENT: Councilmember Baldwin.
8. PUBLIC HEARING
8c. Consideration and Possible Extension of Urgency Ordinance Imposin?
Moratorium on New Mariiuana Dispensaries
City Attorney Rapport explained that at its May 18, 2005 meeting, the City Council
adopted Ordinance No. 1069 imposing a 45 day moratorium on medical marijuana
dispensaries in the City of Ukiah. The City Council also referred to the Planning
Commission the development of permanent regulations for medical marijuana
dispensaries. The 45-day moratorium will expire on July 2, 2005, before the next regularly
scheduled City Council meeting on July 6, 2005. It is virtually certain that the City Council
will not be in a position to adopt permanent regulations before the expiration of the 45-day
time period. Therefore, Staff recommends the City Council exercise its authority under
Government Code Section 65858(a) to extend the moratorium for 10 months and 15 days
to May 17, 2006. Staff does not recommend any changes to the existing Ordinance, so
the extension can be approved by a motion and does not require the adoption of a new
Ordinance. The interim Ordinance was determined to be categorically exempt from the
California Environmental Quality Act (CEQA).
Public Hearing Opened: 10:37 p.m.
Dane Wilkins, Northern California Director of National Organization for the Reform of
Marijuana Laws (NORML), read a prepared statement that was entered into the record and
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June 15, 2005
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requested Council form a citizens' advisory board to work toward a solution to this problem
and provide options for Council's consideration.
Public Hearing Closed: 10:20 pm
M/S Rodin/McCowen extending Ordinance No. 1069, enacting a temporary moratorium
on medical marijuana dispensaries, to May 17, 2006; carried by the following roll call vote:
AYES: Councilmembers Crane, McCowen, Rodin, and Mayor Ashiku. NOES: None.
ABSTAIN: None. ABSENT: Councilmember Baldwin.
9. UNFINISHED BUSINESS
9a. Consideration and Possible Action Concerning Feasibilitv Studv A_~reement
Between Mendocino County Inland Water and Power Commission and Army
Corp of En_~ineers
City Attorney Rapport discussed his Staff Report to Council and reported on a recent
communication prepared by Tony Rossman, attorney for the Inland Water and Power
Commission (IWPC) that raised concerns with the portion of the agreement dealing with
contamination. The Army Corps of Engineers will consider the City's additional concerns.
He requested Council direct the City's representative to the IWPC to vote in favor of Staff's
version of the local sponsor agreement for the Coyote Dam Feasibility Study, as contained
in the Staff Report.
Considerable discussion followed with regard to the matter. Items of concern inCluded:
· Obtaining a commitment as to what benefit the agreement would be to the City
before agreeing to sign the agreement
· The IWPC is the local sponsor and it is felt it will have priority though the Russian
River Flood Control District has applied for extra water from Lake Mendocino
· The cost estimate for the feasibility'study
It was the consensus of Council, upon recommendation of the City Attorney, for staff to
pursue agreements with other members of the IWPC on how the additional water right will
be allocated.
10. COUNCIL REPORTS
City Manager Horsley provided an update on the Mendocino Solid Waste Management
Authority's (MSWMA) report regarding garbage and recycling efforts in Ukiah.
Mayor Ashiku reported that he and Councilmember Crane met with City Staff and
representatives from Brown and Caldwell and reviewed the Wastewater Treatment Plant
bid documents.
11. CITY MANGER/CITY CLERK REPORTS
City Manager Horsley provided Council with a design of Ukiah Grows the Arts brochure.
City Clerk Ulvila stated that she has been investigating the purchase of new recording
equipment for the City Council and Planning Commission meetings.
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June 15, 2005
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City Manager Horsley reported on the recent resignation of the City's building inspector
and efforts to improve service with this position in cooperation with other City departments.
Adjourned to Closed Session:l 1:10 p.m.
12.
CLOSED SESSION
a. Conference with Labor Negotiator G.C. §54957.6
City Designated Representative: Candace Horsley, City Manager
Employee Organization: Management Unit
b. Conference with Legal Counsel - Existing Litigation
(Government Code Section 54596.9(a)
River Watch v. City of Ukiah, Federal District Court, Case No.
C0404518 CW (N.D. CaI.)
c. Conference with Leqal Counsel- ANTICIPATED LITIGATION
(Government Code Section 54956.9(c)
Initiation of litigation (1 case)
a.m.
Reconvened: 1:00
M/S McCowen/Crane agreeing to a Joint Representation Agreement with Ukiah Valley
Sanitation District and Jarvis, Faye and Deporto, and authorizing the City Manager to sign
the agreement on behalf of the City, carried by the following roll call vote: AYES:
Councilmembers Crane, McCowen, Rodin, and Mayor Ashiku. NOES: None. ABSTAIN:
None. ABSENT: Councilmember Baldwin.
M/S McCowen/Crane authorizing the City Attorney to file and prosecute legal action as
requested; carried by the following roll call vote: AYES: Councilmembers Crane,
McCowen, Rodin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT:
Councilmember Baldwin.
13. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 1:05 a.m. to
June 27, 2005 at 8:00 a.m. for 2005-2006 Budget Public Hearings.
Marie Ulvila, City Clerk
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