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HomeMy WebLinkAboutMin 09-21-05 CITY OF UKIAH CITY COUNCIL MEETING MINUTES Regular Meeting Minutes CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 21,2005 1. ROLL CALL- Convened at 6:10 PM Present: Councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku. Absent: Councilmember Rodin. Staff present: City Manager Horsley, Fire Chief Latipow, City Attorney Rapport, Community/General Services Director Sangiacomo, Planning Director Stump, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE 6:! ! :28 3. PROCLAMATIONS/PRESENTATIONS/INTRODUCTIONS 3a. Proclamation: October as Domestic Violence Awareness Month6: Mayor Ashiku read the Proclamation proclaiming October 2005 as "Domestic Violence Awareness Month" in the City of Ukiah. Gary Hudson, Under-Sheriff of Mendocino County, Chairman of Project Sanctuary, and member of the Domestic Violence Council of Mendocino County, accepted the Proclamation and discussed efforts in Mendocino County to provide assistance and education to victims of domestic violence. Ana Araiza invited the public to attend Project Sanctuary's activities planned for October 4, 2005. 3b. Status Report on Hurricane Katrina Response and Relief Effort- Fire Chief Latipow 6::20:07 Fire Chief Latipow reported on responses of California's eight Search and Rescue Task Forces that were deployed to assist Hurricane Katrina victims. He explained his work with the Office of Emergency Services (OES) in Sacramento over the past several weeks to assist in California's coordinated effort. He noted that this will be a long term recovery effort. He also discussed the donations received and the possibility of the City establishing a relationship/partnership with a community in Louisiana to provide assistance. Bob Jordan, Regional Manager of the Mendocino County United Way, discussed ways in which local communities can provide assistance to the families and individuals displaced by the hurricanes. 4. APPROVAL OF MINUTES a. Re_qular MeetinQ Minutes of June 17 2005 67t0:03 Councilmember McCowen recommended a correction to page 5; that he spelling of the speaker's name in the fourth paragraph should be spelled "Darca Nicholson". He also noted a correction to page 3 that the spelling of the speaker's name in the second to the City Council Meeting of September 21,2005 Page 1 of 9 last paragraph should be spelled "Alea Waters". M/S McCowen/Baldwin approving the Regular Meeting Minutes of June 1, 2005 as corrected, carried by the following roll call vote: AYES: CouncilmembersCrane, McCowen, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Councilmember Rodin. b. Regular Meeting Minutes of August 177 2005 City Clerk Ulvila noted a correction on page 3; that in the last paragraph the month should be spelled "August". M/S McCowen/Crane approving the Regular Meeting Minutes of August 17, 2005 as corrected, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Councilmember Rodin. c. Regular Meeting of September 77 2005 City Clerk Ulvila noted that some formatting changes are needed to the minutes. The heading of the minutes needs to be changed to include the title, "Regular Meeting Minutes". "Councilmembers present" should be included under the second "1. Roll Call". M/S McCowen/Baldwin approving the Regular Meeting Minutes of September 7, 2005, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Councilmember Rodin. d. Special Meeting of the City Council and Ukiah Valley Sanitation District and Electric Workshop of September 147 2005 6:43:]5 PM: City Clerk Ulvila recommended the minutes be continued to the next meeting. 5. RIGHT TO APPEAL DECISION 6:43:21 PM Mayor Ashiku read the "Right to Appeal Decision". 6. CONSENT CALENDAR 6:43:52 PM City Clerk Ulvila advised that items "b" and "c" is the same item, with different titles. Councilmember Crane recommended that items "6d" and "6g" be pulled from the Consent Calendar for further discussion. Mayor Ashiku noted that those items would be agendized as items "10h" and "10i" respectively, under New Business on the agenda. M/S McCowen/Baldwin approving the Consent Calendar items "a" through "g" as follows: a. Approved Disbursements for the Month of August 2005; b. Informed the Council of the Purchase of Clarifier Media Retainer Screens from US Filter, a Sole Supplier, in the Amount of $7,822.65; c. Received Notification to Council on the Purchase of Clarifier Media Retainer Screens from US Filter, a Sole Supplier, in the Amount of $7.822.65; City Council Meeting of September 21,2005 Page 2 of 9 e. Received Repo~ to City Council Regarding Acquisition of So.ices from Spencer Brewer for Management of the 2006 Sundays in the Park Conce~ Series in the Amount of $7,500; f. Awarded Bid to TOMARK Spots for the Purchase of Bleachers for the Ukiah Softball Complex in an Amount of $18,815.94; lll~llVl ~ I II vl Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN' None. ABSENT: Councilmember Rodin. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS6:46:04 PM Dane Wilkins discussed the amount of money raised to assist hurricane victims in New Orleans. Ana Araiza, spoke regarding hiring bilingual police officers. Mayor Ashiku stated that the Police Department is working hard to recruit local residents to the Police Department. Richard Johnson, spoke regarding hiring bilingual police officers. City Manager Horsley advised that currently 20% of the Ukiah Police Department is certified bilingual and, including the office staff, it is 28%. She also discussed the use of interpreters by the City. Ukiah Morrison addressed the Council concerning the need for marijuana dispensaries for those people needing medicinal marijuana. Patrick Duff spoke to the issue of allowing marijuana dispensaries in the City. Lacretia Peoples, member and managing director of the Martin Luther King Jr. organization, discussed the projects their organization has completed and is working on for October 26th. Michael Toms discussed the possibility of the City of Ukiah partnering with a "sister city" in Louisiana and requested the Council select the city of Mandeville which is located south of the city of Coverington, whereas Chief Latipow suggested the city of Bogalusa, Louisiana. Councilmember McCowen stated that Council needs to know what the state of Louisiana wants them to do and Chief Latipow will advise the Council on that matter. 8. PUBLIC HEARING (6:15 P.M.) a..Minor Subdivision Map-Subdivision Requirement Exception No. 05-19(Continued) 7:13:49 PM It was reported that the City's Planning Department, with the concurrence of the applicants, City Council Meeting of September 21,2005 Page 3 of 9 requests this item be continued to the City Council meeting scheduled for October 5, 2005. Council concurred with that request. 9a. Continued Discussion and Direction Re.clardin.q Application of LAFCO Policy to Annexation of Property in Brush Street Trian,qle?:]4:2$ PM City Attorney Rapport advised that Staff met with Mr. McMichael on September 14, 2005 and a recap of the meeting is contained in the Staff Report. Of particular concern is an interpretation of an existing LAFCO policy as applied to the proposed annexation into the City of 39 acres located within the Brush Street Triangle. He reviewed the options identified in the Staff Report that would satisfy the LAFCO policy. He explained that the options are not exclusive and Council may want to pursue a combination of options. Frank McMichael, Executive Director of LAFCO, provided Council and Staff with copies of a portion of LAFCO's powers and duties and suggested the possibility of working on a solution between LAFCO and the City to the various issues raised concerning annexation. He noted that if the City Council is in agreement with this suggestion, he was sure he can make a strong recommendation to the LAFCO Commission and he felt the Commission would be agreeable to this process. Considerable discussion followed, concerning annexation policies and information. Mr. McMichael advised that Section 56425 states that the City will go through this process. The agreement process is between City staff and County staff. It was his opinion that there is a good possibility that such an agreement can be reached. Public Comment Opened: 8:01:54 PM John Mayfield, one of the applicants for annexation, stated he recommended the City develop an annexation policy and preferred that the City of Ukiah Planning Commission and City Council approve the annexation of his property into the City. Upon questioning by Councilmembers, Mr. Mayfield stated that a C-1 zoning classification would be acceptable to him once annexation is completed. Diane Zucker, member of the Wagonseller's neighborhood, expressed her concern with preserving the Wagonseller's neighborhood and how the Rural Communities Housing Development Corporation's (RCHDC) proposed housing project would impact the Wagonseller's neighborhood with regard to increased traffic and the lack of open space and parks for its residents and children. She advocated a development plan be submitted for Council's consideration prior to annexation. Lee Howard, 3900 Parducci Road, expressed concern for the lack of planning for the areas in the Sphere Of Influence. Susan Shurer, member of the Wagonseller's Association, stated it was her opinion that the area is already congested and that the City and County should work together regarding planning issues. Public Comment Closed: 8:23:41 PM City Council Meeting of September 21,2005 Page 4 of 9 Councilmember Baldwin expressed concern that the RCHDC project would impact the City's Police Department, when it is already understaffed. It was the consensus of the City Council to direct City Staff to work with County staff to resolve issues concerning the Sphere of Influence, annexation, and planned developments. 9. UNFINISHED BUSINESS 9b. lnterim Urgency Ordinance Imposing a Moratorium on Formula Businesses Within the Downtown Business District and on Perkins and Gobbi Streets (Continued from July 20~ 2005 and August 3~ 2005) g:$3:09 PM Councilmember McCowen stated that he has been advised by the Fair Political Practices Commission (FPPC) that he should refrain from participating in this matter until the FPPC has ruled whether he has a conflict of interest. It was the consensus of the City Council to continue this item until a response from the FPPC is received. 10. NEW BUSINESS 10a. Discussion of Possible Licensure of Tobacco Retailers in the City, Limits City Manager Horsley explained that the City has been approached by a concerned group of citizens involved with the American Cancer Society (ACS) regarding a process for licensure of tobacco retailers within the City limits. The group is interested in dissuading tobacco use by minors and is recommending this process of. an Ordinance as an enforcement mechanism against retailers who are selling tobacco to minors. 8:56: ! 0 PM Members of the public that spoke in support of a "tobacco ordinance" that would provide an enforcement mechanism against retailers who are selling tobacco to minors, included: Shannon Ledford, Charley Myers, Bo Stephens, Tami Jorgensen, and Matt Ferrick. The composition of the grievance committee process, as noted in the Staff Report, was discussed, as well a monitoring and enforcement issues. M/S Baldwin/McCowen instructing City Staff to bring the "Tobacco Ordinance" back to Council for introduction at the next meeting. Councilmember McCowen provided suggested changes to some the findings that were made, to include: The last "Whereas" on page one, to read, "Whereas, despite these restrictions, minors continue to easily obtain cigarettes and other tobacco products, including through illegal sales." The second "Whereas" on page two, to read, "Whereas, within the City of Ukiah, a youth-buying survey in 2005 showed that 32% of retailers unlawfully sold tobacco products to minors within the City". He also recommended the third "Whereas" on page two be deleted from the Ordinance because there is no citation for it. He provided a recommendation that the second line of the last paragraph beginning with "Now Therefore", read "enacting this ordinance, to monitor progress in restricting youth access", and that the last two lines of that paragraph be reviewed by the City Attorney for clarification. City Council Meeting of September 21,2005 Page 5 of 9 City Attorney Rapport advised that he would like to conduct a legal review of the ordinance so as to advise Council at the next meeting. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Councilmember Rodin. Recessed: 9:40 PM Reconved:9:42:lO PM 10d. Discussion Regarding Potential Ban on Certain Dog Breeds From City Events and Facilities-- Rodin Councilmember McCowen stated he received numerous comments from the public opposed to banning a specific breed of dog from City facilities. Mayor Ashiku voiced is opposition to banning a specific breed of dog and inquired as to statistics concerning dog biting incidents in the City. City Attorney Rapport discussed state legislation and questioned whether the City would have the authority to ban a certain breed of dog. He discussed the City's authority to prohibit certain animals from certain parks or events. If directed by Council, he would provide further information to Council for consideration. Councilmember Baldwin voiced his concern with dogs at the Concerts in the Park Series due to the volume of people in attendance and people sitting close together. Public Comment Opened:9:49:58 PM Members of the public that spoke to the issue included Loretta Lazar and Karen Seydel and advocated educating the public concerning training dogs and how to approach them. Public comment closed: 10:04:41 PM A brief discussion followed with regard to obtaining the statistics on dog biting incidents within the City of Ukiah, focusing on the situations when dogs can become a problem and setting a policy to resolve the issue. Councilmember McCowen noted that currently, dogs are prohibited from the Alex Thomas Plaza and he recommended that dogs be prohibited from the six Sundays in the Concert park series and at the Sun House Park. It was the consensus of the City Council to continue the matter to the next meeting so that further information could be obtained. 10b. Discussion Reqarding the Concept of Form Based Zoninq Ordinance! 0:!4:08 PM Councilmember McCowen stated that per the advice of the Fair Political Practices Commission's (FPPC) letter, he should not participate in discussion of this matter. He City Council Meeting of September 21,2005 Page 6 of 9 provided a synopsis of the FPPC's letter. City Attorney Rapport recommended the matter be continued until such time as he can review the FPPC's letter concerning a possible conflict of interest by Councilmembers and provide a legal opinion to Council. 10c. Discussion and Consideration of Request for Proposals for Playground Equipment at Todd Grove Park~ Oak Manor Park~ Vinewood Park~ and Orchard Park10:19:24 PM Community/General Services Director Sangiacomo advised that with the passage of the recent State Resource Bond Acts, the City of Ukiah is entitled to General Allocation Grant Funds which are dispersed statewide on a per-capita basis. The City of Ukiah will receive a minimum per capita allocation of approximately $96,000 under Proposition 12 and $220,000 under Proposition 40. The City Council approved the purchase of playground equipment in the current fiscal year budget. Discussion followed regarding the condition of the existing playground equipment, ADA safety guidelines, the process for replacing the existing equipment, and selecting "natural" colors for the playground equipment rather than bright colors. M/S McCowen/Baldwin directing Staff to issue a RFP for playground equipment, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Councilmember Rodin. 10e. Discussion Regarding Revision of City Policy Resolution Pertaining to Reimbursement of Mileaqe Expense]0:32:06 PM M/S McCowen/Crane approving Policy Resolution 34, declaring policy regarding reimbursement of expenses for elected and/or appointed City officials, officers, and employees, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Councilmember Rodin. 10f. Discussion Regarding League of California Cities Resolutions Packet]0:33:13 PM City Manager Horsley advised that the City has received the League of California Cities a resolutions packet of various resolutions that will be voted on by the General Resolutions Committee on October 7th. City voting delegates, Rodin and Baldwin, will be in attendance at the meeting to vote on the City of Ukiah's behalf. It was the consensus of the Council that Councilmember's Rodin and Baldwin, as voting delegates to the League of California Cities, cast their vote in the best interest of the City of Ukiah. Recessed:10:35:21 PM Reconvened: 10:48 PM 10g. (6d.)Authorized Award of Bid to Emergency Services Consulting Inc. for Development of a Fire Department Master Planl0:4g:41 PM City Council Meeting of September 21,2005 Page 7 of 9 At the recommendation of City Manager Horsley, it was the consensus of Council to continue the matter to next meeting. 10h. (6g.)Authorized Award of Bid for Trailer Mounted High Pressure Breathing Air System to Mallory Fire] 0:4~):22 P]VI Fire Chief Latipow discussed his request for Council's consideration of an award of bid for one trailer mounted high pressure breathing air system is awarded to Mallory Fire of Santa Rosa. He noted that during the budget hearing process, Council approved Staff's request fur funding of this equipment. He reviewed the bid process and specifications for the system. This equipment is versatile and the City's Fire Department would be able to utilize the equipment when responding to assistance from other fire agencies. Councilmember Crane stated that he would prefer the matter be continued so he would have an opportunity to review long term strategy for the Fire Department equipment needs. He felt it important that the City Council have an opportunity to review those needs. M/S Baldwin/McCowen to award the bid for a trailer mounted high pressure breathing air system to Mallory Fire. Discussion followed between the City Council and Fire Chief Latipow and Captain Hilliker with regard to the compressor equipment, recent fires in the area, consumption of the oxygen bottles, concern that revenue from the sales tax measure is uncertain in the next few years, a suggestion that it may be more appropriate to purchase a unit with lesser capacity, the annual servicing of the compressors, and interagency cooperation. The motion failed by the following roll call vote: AYES: Councilmembers McCowen and Baldwin. NOES: Councilmember Crane and Mayor Ashiku. ABSENT: Councilmember Rodin. ABSTAIN. None. 11.COUNCIL REPORTS] ]:36:03 Councilmember McCowen reported that he attended a Homeless Services Planning Group meeting today and a presentation was made of the Homeless Survey that the City funded. He requested the matter be agendized for the next Council meeting for discussion. Councilmember Baldwin reported on a meeting he attended of the Inland Water and Power Commission and potential FERC and Eel River cutbacks. 12. CITY MANAGER/CITY CLERK REPORTS City Manager Horsley explained that the matter of the Ukiah Valley Area Plan (UVAP) will be on the next meeting's agenda for discussion. Adjourned to Closed Session:II:39:4? P~l 13. CLOSED SESSION a. CONFERENCE WITH LABOR NEGOTIATOR~ Government Code ~54957.6 Employee Negotiations: Directors and Miscellaneous Units Negotiator: Candace Horsley City Council Meeting of September 21,2005 Page 8 of 9 Reconvened: 11:50 p.m. No action taken. 14. ADJOURNMENT There being no further business, the meeting was adjourned at 11:50 p.m. Marie Ulvila, City Clerk City Council Meeting of September 21,2005 Page 9 of 9