HomeMy WebLinkAboutMin 04-20-05MINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING
WEDNESDAY, APRIL 20, 2005
The Ukiah City Council met at a Regular Meeting on April 20, 2005, the notice for which
being legally noticed, at 6:30 p.m. Roll was taken and the following Councilmembers
were present: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. Staff present:
Community Services Director DeKnoblough,' City Manager Horsley, Associate Planner
Lohse, Finance Director McCann, City Attorney Rapport, Planning Director Stump,
Police Chief Williams, Public Utilities Director Ziemianek, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Councilmember Rodin led the Pledge of Allegiance.
3. PROCLAMATIONS
3a. Workers Memorial Day in the City of Ukiah
Mayor Ashiku read the Proclamation designating April 28, 2005 as Workers Memorial
Day in the City of Ukiah in recognition of workers killed, injured, and disabled on the job.
Terry Poplowski thanked the City for providing Alex Thomas Plaza for this event in
honor of workers.
3. PROCLAMATIONS
3b. Poetry Month
Vice-Mayor Baldwin read the Proclamation designating April 2005 as Poetry Month in
Ukiah and urged all citizens to attend scheduled poetry readings throughout the
community, participate in the "Poem of the Day" program at the Ukiah Library, and enjoy
the Third Annual ukiaHaiku Festival on.May 1, 2005 at the Ukiah Valley Conference
Center.
Linda Noel, City of Ukiah Poet Laureate, invited everyone to the ukiaHaiku Festival.
She read the poem, "Mountain Songs".
4. APPROVAL OF MINUTES
4a. Special Meeting Minutes of January 5~ 2005 (portion)
City Clerk Ulvila advised that a portion of the minutes that includes discussion of the
EIR for the Orr Creek Bridge is being presented to Council for approval. The draft
minutes for the latter part of the meeting will be presented to Council at the next
meeting.
It was the consensus of Council to defer the minutes to the next Council meeting
when the completed set of January 5, 2005 minutes could be presented to Council.
5. RIGHT TO APPEAL DECISION
Mayor Ashiku read the appeal process.
6. CONSENT CALENDAR
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April 20, 2005
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M/S Baldwin/Rodin approving items "a" through "g" of the Consent Calendar as
follows:
a. Approved Disbursements for Month of March 2005;
b. Rejected Claim for Damages Received From Wilma Lucille Pryse and Referred
to Joint Powers Authority, Redwood Empire Municipal insurance Fund;
c. Approved Notice of Completion for Street Striping 2005, Specification No. 04-09;
d. Adopted Ordinance No, 1066 of the City Council of the City of Ukiah Amending
Various Sections of the Ukiah City Code Contained in Division 4, Chapter 1,
Entitled: "Water;
e. Authorized Execution of Amendment to the Agreement With EBA Engineering in
an Amount Not to Exceed $191,109.35 for Implementation of the Interim
Corrective Action Plan at the Corporation Yard and Approved Budget
Amendment In The Amount Of $149,109.35;
f. Awarded Bid to Lake County Electric Supply for the Purchase of Light Fixtures
for the Construction of a Third Field at the Ukiah Softball Complex in an Amount
Not to Exceed $18,864;
g. Approved Modifications to Two Revised Administrative Support Positions.
Motion carried by the following roll call vote: AYES: Councilmembers Crane,
McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None.
ABSENT: None.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Daniel De la Peza, Ukiah, read a poem. He also read a letter into the record dated
April 15, 2005 regarding his attendance at a Planning Commission meeting.
Maryann Miller, Ukiah, requested an extension of 10 minutes per person for the public
comment period regarding the Walgreen's project.
8. PUBLIC HEARING
8a. Notification of Award of Supplemental Law Enforcement Services Fund~
Citizen's Option for Public Safety (COPS) Grant in the Amount of $100~000
FY 04-05
Police Chief Williams recommended the State Law Enforcement Services Fund
(SLESF) Grant be used for one part-time Evidence Technician, one part-time Front
Office Assistant, transcription services, patrol equipment, and computer equipment
upgrades.
PUBLIC HEARING OPENED: 6:55 p.m.
No public comment received.
PUBLIC HEARING CLOSED: 6:55 p.m.
M/S McCowen/Rodin authorizing Police Department spending plan for Fiscal Year
2004-2005 for the SLESF Grant, carried by the following roll call vote: AYES:
Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None.
ABSTAIN: None. ABSENT: None.
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PUBLIC HEARING
Regular Ukiah City Council Meeting
April 20, 2005
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8b. Discussion and Action On Krause/Toms Appeal of Planning Commission
Conditional Approval of the Marin Ventures/Wal.qreen's Store on East
Perkins Street
Planning Director Stump explained that on March 23, 2005, the Planning Commission
conducted a lengthy public hearing and after considerable dialog, adopted a Negative
Declaration and conditionally approved a Site Development Permit for a Walgreen's
Store on East Perkins Street. Two speakers at the public hearing who opposed the
project, Mr. Albert Krauss and Mr. Michael Toms, filed a timely appeal to the
Commission's action, expressing concerns about the retail use, traffic, and the loss of
redwood trees on the site.
Associate Planner Lohse described the proposed project, as outlined in the Staff
Report. He also provided an overview of the architectural design, parking, landscaping,
lighting, project issues and Planning Commission action, in addition to the issues raised
by the Krauss/Toms appeal.
PUBLIC HEARING OPENED: 7:05 p.m.
Members of the audience that spoke to the issue included: Albert Krauss (appellant),
Michael Toms (appellant), Maryann Miller, William French, Terry Poplowski, Dale
Harrison, Ken Anderson, Bill Randolph, Judy Pruden, John Hird, Jack Cox, Russ Tow,
and Grant Leschin (representing Marin Ventures, applicant).
Issues or concerns expressed by the audience included retaining and maintaining the
redwood trees on the project site, lighting of the structure, signage, providing shade
trees in the parking lot and reducing the number of parking spaces, the need to install a
traffic signal at the intersection of East Perkins Street and Hospital Drive for pedestrian
safety, color of the structure, roofing materials, signature on the proposed tower,
incorporate a housing element into the design, incorporate a solar element into the
design, and the overall design of the proposed structure.
Mr. Grant Leschin, representing Marin Ventures for the applicant, discussed the
project design, traffic mitigations, and explained that they are trying to incorporate the
design into a railroad theme since the railroad depot is across the street from their
project. A certified arborist was hired by Marin Ventures and it was their
recommendation that the redwood trees would not survive the renovation activities at
the site and would create a liability for the applicant.
Upon questioning by the City Council, Mr. Leschin stated that the applicant is
agreeable to contribute financially toward a traffic signal because of their concern for
pedestrian safety while crossing Perkins Street. He also noted the applicant would work
toward rectifying the concern regarding back lighting of the mortar and pestle sign in the
tower.
PUBLIC HEARING CLOSED: 8:17 p.m.
Discussion by Council and Staff ensued with regard to the issues raised during the
Public Hearing concerning the design of the proposed structure. Other issues
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April 20, 2005
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discussed were the conditions imposed by the Planning Commission on the project,
working with the International Dark Sky Association lighting standards, and comparing
the applicant's signage to other signage of businesses in the community that recently
completed a renovation. There was considerable discussion concerning the redwood
trees on the site and whether they are healthy, and how many could be retained by the
applicant.
Councilmember Baldwin requested that "formula businesses" be discussed at the
Council's June 1, 2005 meeting. He voiced his support to retain the trees on the site,
despite the report submitted by the arborist hired by the applicant.
Councilmember Rodin recommended Council reexamine the City's Downtown Master
Plan. She discussed Ukiah's Streetscape Guidelines and the Ukiah General Plan. She
provided Council with photos of other railroad depots and felt the design of Walgreen's
is not unique nor does it contain qualities associated with a railroad. She preferred that
the redwood trees remain on the site.
Councilmember McCowen recommended the matter be continued to the next meeting
to allow the applicant to incorporate suggested recommendations into its design. He
questioned some of the comments made by the applicant's arborist. He noted his
concern with liability issues to the applicant should limbs or an entire tree fall on the
property.
It was the consensus of the Council to continue the matter for two weeks to allow the
applicant time to meet with City Staff with regard to suggestions and inquiries made by
the City Council that included:
· Eliminate the back lighting and neon for the tower sign
· Change tower roof design and increase the eaves
· The addition of knee braces to reduce its visual impacts or other design elements
including the possibility of adding windows
· A general roofscape to hide its flat appearance
· Allow 10 feet for shade under the awnings
· Incorporate benches under the awning
· Reduce the overall signage and not have the sign cover the length of the building
· Get guarantee on maximum number of lights and that they be pointed downward
and the bulbs not be visible
· Staff to work with the applicant on different color schemes as per
recommendations by Judy Pruden
· Consult with the City's arborist regarding the redwood trees
· Continue the matter to the May 4, 2005 City Council meeting and staff to work
with the applicant to resolve these issues
M/S McCowen/Rodin to continue the item to May 4, 2005 to allow the applicant to work
with staff to incorporate changes as suggested by staff and to secure a second opinion
on the redwood trees from the City's arborist; carried by the following roll call vote:
AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES:
None. ABSTAIN: None. ABSENT: None.
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April 20, 2005
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Recessed: 9:15 p.m.
Reconvened: 9:30 p.m.
8c. Discussion and Direction Regarding The Planning Permit Processing and
Cost Recovery Study
Planning Director Stump discussed his Staff Report with Council that included a 100%
cost recovery alternative, minor permits, General Plan Update/Maintenance Fee,
Appeal Fee, and how the Planning Permit processing can be improved.
Public Hearing Opened: 9:36 p.m.
Judy Pruden addressed the Council and advocated a 100% cost recovery of Planning
Permit fees.
Becky Tune expressed concern for fees related to appeals by the public as well as
developers.
Public Hearing Closed: 9:40 p.m.
A consensus of Council agreed with Staff's suggestions, as noted on page 15 of the
Staff Report, items 1 through 4, directed Staff to contact the City of Petaluma for
information regarding 100% cost recovery fee for applicants, that #5 be designated for
"affordable housing" fees for identified groups, and directed Staff to prepare a resolution
to implement a fee increase.
8d. Adoption of Resolution Increasing Fees For Ambulance Services Provided
by the Ukiah Fire Department
Fire Chief Latipow stated that it is important that the proposed fees be in place by July
1, 2005. Discussion followed with regard to the proposed cost increases proposed in
the Draft Resolution for Council's consideration.
Public Hearing Opened: 10:06 p.m.
No public comment was received.
Public Hearing Closed: 10:06 p.m.
M/S Rodin/Baldwin adopting Resolution 2005-45 adopting fees for ambulance
services provided by the Ukiah Fire Department, carried by the following roll call vote:
AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES:
None. ABSTAIN: None. ABSENT: None.
10. NEW BUSINESS
10a. Report on Regulation of Skateboards in Shopping Centers and Other
Privately Owned Commercial Areas
City Manager Horsley noted that Rod Johnson, owner of Rod's Shoes in the Pear Tree
Shopping Center, wrote a letter, dated February 25, 2005, describing the impact of
skateboarding on his business, other businesses in the shopping center, patrons and
shopping center property. He requested the City Council enact an ordinance allowing
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April 20, 2005
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property owners to prohibit skateboarding at the shopping center. Currently, the City's
ordinance on skateboarding involves a prohibition only on certain designated public
properties,
Rod Johnson discussed the problem with vandalism in the Pear Tree Shopping Center
due to skateboarding and requested the City Council adopt an Ordinance allowing
property owners to prohibit skateboarding in the Shopping Center.
M/S Baldwin/Rodin directing Staff to prepare an ordinance to change the City's policy
regarding prohibiting skateboarding on certain private properties, carried by the
following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and
Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None ABSENT: None.
10. NEW BUSINESS
10b. Discussion and Possible Direction t° Staff Regarding an Ur.qencv
Ordinance Regulating Marijuana Cultivation
Councilmember McCowen requested Council adopt an-urgency Ordinance regulating
marijuana cultivation in the City limits since the growing season is currently in progress.
He submitted letters into the record from Bev Arnold and Madeline Holtkamp in support
of his recommendation.
Dane Wilkins, Director of the Northern California NORMAL requested the City Council
form a citizen's advisory group to address health and safety issues and the needs of the
community.
Peter Coleman, Tina Gordon, Rosemary Lechnowsky, and Ruth Coleman
expressed their concern with the odor of marijuana plants grown outdoors, public safety
issues, individuals growing marijuana illegally, safety of children in neighborhoods, and
how growing marijuana outdoors brings a criminal element to neighborhoods when
gardens are raided and/or violence occurs.
Considerable discussed occurred between the City Council, City Attorney Rapport,
and Police Chief Williams with regard to the Compassionate Use Act, public safety
issues, and enforcement issues.
The majority of the City Council directed staff to prepare an ordinance stipulating that a
maximum of six indoor plants or six plants grown in a greenhouse per parcel be allowed
in the City Limits.
10c. Discussion and Possible Action Regarding Public Hearings
(McCowen) and/or Letter of Support For Northern California Coastal
Wild Heritage Wilderness Act (Rodin)
Councilmember McCowen explained that at the last Council meeting, he requested
that the Council consider a request for local public hearings for the Northern California
Coastal Wild Heritage Wilderness Act HR 233.
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April 20, 2005
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Councilmember Rodin advised that at the last Council meeting, she requested that the
City Council consider sending a letter of support for HR 233, reaffirming the action taken
by the City Council in November 2001 in the form of a resolution supporting of the bill.
Councilmember Baldwin stated that he traveled to Washington, D.C. to lobby for this
bill and supported Councilmember Rodin's recommendation.
Members of the audience that spoke to the issue were Lynn Ryan, Jon Spitz
(Laytonville), David Drell 0Nillits), Linda Gray (Mendocino County) Estok Menton
(Ukiah), Lynda McClure (Ukiah) , Jan Moore (Ukiah), Tamara Adams 0Nillits), Ellen
Drell (VVillits), Peter Steele (Branscomb), David Beebe (VVillits), Ross Liberty (Boonville
Road), Val (no last name given) and Heidi Dickerson (representing Congressman
Thompson).
Discussion followed with regard to public comments received and whether
Congressman Thompson's office could conduct local town hall meetings instead of
congressional field hearings.
M/S McCowen/Rodin directing Staff to provide reconfirmation of the City Council's
support for HR 233 in the form of a letter of support, carried by the following roll call
vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku.
NOES: None. ABSTAIN: None. ABSENT: None ABSENT: None.
9a. Discussion of Franchise Renewal Negotiations and Proposed Agreement
With Adelphia Communications
Community Services Director DeKnoblough advised that over the last five years, the
City of Ukiah, in partnership with the County of Mendocino, and Cities of Fort Bragg and
Willits, have been engaged in negotiations with Adelphia Communications for the
renewal of the cable franchise within each respective jurisdiction. He went on to
discuss the contents of his Staff Report to Council which detailed the history of
negotiations with Adelphia. The agreements proposed for all four public agencies are
essentially the same with the exception of each agency's respective Public Education in
Government (PEG) funding based on subscribership, and minor details relating to local
regulatory issues. The City's agreement has been reviewed by the City Attorney. He
recommended Council provide direction to Staff with regard to any desired revisions to
the terms and conditions of the draft agreement and to determine a timeline for
approval. He noted that in actuality, a 15-year term is proposed for the agreement.
Councilmember McCowen proposed a 10-year term instead of 15 years, noting that
there has been five years with no contribution. He also discussed the public sites listed
for service in the agreement and the process to add/delete sites in the future.
Steve Lamb, General Manager of Adelphia, discussed the negotiations and noted that
the problem with having an open category is that the City would not be able to add
specific sites in certain years. He did not have any objection to Councilmember
McCowen's observations/proposals.
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Director DeKnoblough explained that Staff considered a 10-year agreement; however,
Adelphia wanted a longer term agreement for more security. The amount of PEG
money awarded to Ukiah would be prorated. During the lengthy negotiation process,
the City received some PEG payments, however, once the agreement expired, those
payments ceased.
M/S McCowen/Rodin to support the proposed agreement with the amendment to allow
connection for future public educational and community facilities consistent with those
listed in Attachment "D" at a cost to Adelphia per site not to exceed $2,500; carried by
the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin,
and MayorAshiku. NOES: None. ABSTAIN: None. ABSENT: None.
10d. Discussion and Possible Adoption of Resolution Opposing Proposed
Changes to the In-Home Supportive Services Program
Councilmember McCowen presented a draft resolution for Council's consideration
opposing proposed changes to the In-Home Supportive Services Program. He
described the importance of the services provided by the program.
Jan Moore, representing the local branch of In-Home Supportive Services, explained
that the In-Home Supportive Services Advisory Committee adopted a resolution
opposing proposed changes to the Program on March 14, 2005.
M/S McCowen/Rodin adopting Resolution 2005-46 opposing proposed changes to the
In-Home Supportive Services Program, carried by the following roll call vote: AYES:
Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None.
ABSTAIN: None. ABSENT: None.
11. COUNCIL REPORTS
Councilmember Rodin requested items be agendized for future Council discussion
regarding updating the Community Design Element of the General Plan and a review of
the Downtown Design Guidelines
It was the consensus of Council to agendize these items for a future Council meeting.
11. CITY MANGER/CITY CLERK REPORTS
City Manager Horsley explained that vinyl labels stating not to dump anything into the
storm drain because it drains into the creek have been produced in Spanish and English
and will be placed on sidewalks in front of storm drains.
12. CLOSED SESSION
No Closed Session.
13. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 11:50 p.m.
Marie Ulvila, City Clerk
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April 20, 2005
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