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Home My WebLink About2008-01-04 Packet - SpecialCITY OF UKIAH CITY COUNCIL AGENDA Special Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 January 4, 2008 4:00 p.m. ROLL CALL 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 3. a. mending Plowshares on Opening New Kitchen-Dining Facility 4. UNFINISHED BUSINESS a. Discussion of the Strategic Plan Process b. Discussion and Possible Action on the City Manager Recruitment Process c. Appointment of Interim City Manager and Consideration and Possible Approval of Contract 5. NEW BUSINESS a. Discussion and Direction Regarding Input to the Board of Supervisors on the Possible Repeal of Measure G and Adoption of a 25 Plant Per Parcel Limit in the Unincorporated Area of the County 6. CLOSED SESSION -Closed Session may be held at any time during or before the meeting a. Public Employment (§54957) Title: City Manager b. Public Employment (§54957) Title: Interim City Manager c. Conference with Labor Negotiators (§54957.6) Agency Designated Representative: Pat Thompson, Interim City Manager Unrepresented Employee: Police Chief 7. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 24 hours prior to the meeting set forth on this agenda. Dated this 3rd day of January, 2008. JoAnne Currie, Deputy City Clerk PROCLAM~ITION 1'LO WSHARES PEACE AND JUSTICE CENTER AND COMMUNITY DINING ROOM DAY JANUARY 6, 2008 WHEREAS, Plowshares Peace and Justice Center was founded in 1983 to provide hot and nutritious meals without charge to those who might otherwise go hungry; and WHEREAS, Plowshares is now in its twenty-fifth year of providing services to the community; and WHEREAS, Plowshares has expanded its services over the years to include Homeless Services, Meals on Wheels, vocational training, counseling and referrals; and WHEREAS, Plowshares strives via advocacy, education and the provision of services to eliminate the causes of poverty and hunger; and WHEREAS, Plowshares strives to maintain a stable and supportive environment where all are treated with respect, justice and dignity; and WHEREAS, Plowshares is a community-based organization that relies on the financial and volunteer contributio~ls of a generous community; and WHEREAS, the City of Ukiah has facilitated the acquisition and use of grant funding to assist in the construction of a new Community Dining Room; and WHEREAS, Plowshares has successfully completed a major fundraising effort and the successful construction of a new Community Dining Room in order to better serve those in need; NOW, THEREFORE, I, Douglas F. Crane, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Phil Baldwin, Mari Rodin, John McCowen, and Benj Thomas hereby proclaim January 6, 2008, as Plowshares Peace and Justice Center and Community Dining Room Day. BE IT FURTHER PROCLAIMED, that the City Council of the City of Ukiah commends Plowshares, including its volunteers, staff and board members on the occasion of the Grand Opening of the new Peace and Justice Center and Community Dining room. Crane /1layor c Signed and sealed, this 4~h day of January, in the year Two Thousand and Eight. ~ `, Page 1 of 1 Ann Burck From: Ann Burck Sent: Friday, January 04, 2008 3:54 PM To: 'Benj Thomas'; 'Doug Crane'; 'John McCowen'; 'Mari Rodin ; 'Phil Baldwin' Cc: Pat Thompson; Alan Jamison Subject: Update on Water Distribution System Status Importance: High Status Update on the City's Water Distribution System: Well 3 was taken offline at 11:00 am today due to high turbidity. The water level of the Russian River began receding about 1:30 pm. If the break in the weather continues until tomorrow morning, there is a good possibility Well 3 will be back online sometime tomorrow. However, there is no guarantee. There is currently 4 MG of water available in storage. The capacity of Well 4 is 1.15 MGD. Average day demand the last week of December was 1.93 MGD. If Well 3 does not come back online, 300 gpm is available from Millview at a cost of $2.15 per 1,000 gallons. The net cost to the City would be $280 per day. This would still leave a shortage of 348,000 gallons/day. There is enough water in the reservoirs to replace the shortage for 11 days. ~`Y•rLSr ~U.~ulr.,P Project Engineer Interim Public Utilities Manager Ukiah Utilities, City of Ukiah 1/4/2008 ITEM NO.: 4a DATE: January 4, 2008 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF THE STRATEGIC PLAN PROCESS Mayor Crane has requested that this item be agendized for discussion of the strategic plan process and timelines. RECOMMENDED ACTION: Discuss and provide direction regarding the strategic plan process and timelines. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Mayor Crane Prepared by: Sue Goodrick, Risk Manager/Budget Officer Coordinated with: Pat Thompson, Interim City Manager •" ~ ~~ APPROVED: -~ ~~~ti/`~~~i Pat Thompson, Interim City Manager ITEM NO.: 4b DATE: January 4, 2008 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND POSSIBLE ACTION ON THE CITY MANAGER RECRUITMENT PROCESS Council has requested a possible discussion and update on the City Manager recruitment process dependent upon outcome of Closed Session discussion. RECOMMENDED ACTION: Discuss and provide possible direction regarding the City Manager recruitment process dependent upon outcome of closed session discussion. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: City Council Prepared by: Sue Goodrick, Risk Manager/Budget Officer Coordinated with: Pat Thompson, Interim City Manager ~~-> , APPROVE~~ ~Gi.~ ~~td~-/V.A-e'v fat Thompson, Interim City Manager ITEM NO.: 4c DATE: January 4, 2008 AGENDA SUMMARY REPORT SUBJECT: Appointment of Interim City Manager and Consideration and Possible Approval of Contract A draft contract will be presented for discussion at the meeting. RECOMMENDED ACTION: Appoint the Interim City Manger; Consider and Approve the Contract. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: City Council Prepared by: JoAnne Currie, Deputy City Clerk and Pat Thompson, Interim City Manager Coordinated with: Pat Thompson, Interim City Manager Attachments: None APPROVE6r_ ~~~~~-~-LC-~~~--- Pat Thompson, In erim City Manager ITEM NO.: 5a DATE: January 4, 2008 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND DIRECTION REGARDING INPUT TO THE BOARD OF SUPERVISORS ON THE POSSIBLE REPEAL OF MEASURE G AND ADOPTION OF A 25 PLANT PER PARCEL LIMIT IN THE UNINCORPORATED AREA OF THE COUNTY OF MENDOCINO Background: On December 11, 2007, the Board of Supervisors introduced an ordinance that would impose a limit of 25 plants per legal parcel for the cultivation of marijuana. The County previously adopted a limit of 25 plants per medical marijuana patient or qualified caregiver. There are cases of qualified caregivers possessing or claiming to possess authorization from multiple medical marijuana patients, with the result that some "caregivers" are growing hundreds of plants on a single parcel. Adoption of the 25 plant limit is intended to reduce the negative impacts that large scale cultivation of marijuana often poses for neighboring residents. The Board is expected to take final action on January 8, 2008. The Board is also expected to consider a request from the Restore Mendocino/Repeal Measure G Coalition requesting that the Board of Supervisors place a measure on the ballot for the repeal of Measure G and the adoption of the state limits as provided for in Senate Bill 420. Measure G seeks to make the enforcement and prosecution of marijuana laws the lowest priority for law enforcement and to exempt from prosecution anyone growing 25 or fewer marijuana plants. Critics contend that 25 plants is a commercial growing operation which has led to widespread abuses and threats to the public safety and that there is no need for a limit higher than the state limits. Senate Bi11420 provides that medical marijuana patients and qualified caregivers may possess 6 mature or 12 immature plants or 8 ounces of dried marijuana, or an amount consistent with the amount prescribed by a patient's physician. The County may adopt a higher limit than that provided for by Senate Bill 420, but may not adopt a lower limit. Mayor Crane and Councilmember McCowen have requested that this item be agendized for discussion to decide if the Council wishes to send a letter in support of adoption of the 25 plant per parcel limit and to support placing a measure on the ballot for the repeal of Measure G and adoption of the state limits as provided for in Senate Bill 420. RECOMMENDED ACTION: Discuss and provide direction regarding input to the Board of Supervisors on the possible repeal of Measure G and adoption of a 25 plant per parcel limit in the unincorporated area of the County of Mendocino. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Mayor Crane and Councilmember McCowen Prepared by: Sue Goodrick, Risk Manager/Budget Officer; JoAnne Currie Deputy City Clerk Coordinated with: Pat Thompson, Interim City Manager Attachments: 1- Measure G Marijuana Ordinance for Mendocino County 2- Petition to Board of Supervisors of Mendocino County APPROVED: =--~a~l ~-~~~~Qa~-~ mat Thompson, Interim City Manager Attucf ~ment # I Jim Hill Trelanie Hill Kristen Peskuski Tom Davenport Paula Dieter Bob Dieter Supporting Organizations: American Medical Marijuana Association NorCal NORML California NORML N.O.R.M.L. (National Orgaization for reform of Marijuana Laws) A.S.A. (Americans for Safe Access) Measure G MARIJUANA ORDINANCE FOR MENDOCINO COUNTY The people of Mendocino County find as follows: * WHEREAS Cannabis saliva (marijuana) is a beneficial plant with a respscta6/e heritage and hundreds of well--known industrial, medicinal and recreational uses; * WHEREAS two decades o/ marijuana law enforcement in Mendocino County has not stopped cultivation here but has unnecessarily marginalized a large number of otherwise law abiding citizens who grow and use marfjuana; * WHEREAS !hose who grow for personal use are not responsible for violent incidents sometimes associated with marijuana cultivation, but are vulnerable to theft; * WHEREAS The Institute of Medicine has found that mariJuana has bona fide medical uses and is not a gateway to hard drug addiction; * WHEREAS law enforcement has carried out investigations, confiscations, and arrests against persons cultivating and using medical marijuana under Proposition 215 in Mendocino County; * WHEREAS the cities of Berkeley and San Francisco have longstanding ordinances which instruct police to minimize the priority o/marfjuana enforcement. Section 2: PURPOSE The ordinance codif/ed in this chapter will: A. Instruct the county government to support all efforts toward the decriminalization of marijuana; B. Instruct the county sheriff and district attorney to make marijuana enforcement their lowest priority with respect to other crimes; C. Establish a maximum limit of plants and weight for cultivation and possession of marijuana for personal use 7n Mendocino County, and prohibit the expenditure of public funds Ior enforcement of marijuana laws against cultivators and users in possession of quantities below that limit. D. Remove the fear of prosecution and the stigma of criminality horn people who harmlessly cultivate andlor use marijuana for personal medical or recreational purposes. E. Extend police protection to those growing or possessing marijuana fo- personal use; F. Provide for the continued enforcement of marijuana laws against those who cultivate, transport and possess marijuana for sale. THEREFORE: the purpose of this chapter is to establish Cannabis eMorcement policy for Mendocino County. Section 3: DECRIMINALIZATION OF CANNABIS /N CALIFORNIA It Is the desire of the people of Mendocino County that the cultivation for personal use of Cannabis be decriminalized in Cal/fomia. In this context, the board of supervisors is directed to lobby state and federal governments for the immediate decriminalization of the personal use of Cannabis, speciP-cally by repealing Sections 11357, (possession), 11358, (transportation), and - 11359, (cultivation), of the California Health and Safety Code. The people also urge the Sheriff and District Attorney to publicly support such decriminalization. Section 4: LAW ENFORCEMENT PRIORITY OF CANNABIS Through its budgetary authority, the Mendocino County Board of Supervisors shall seek to ensure that the Sheriffs Office and the District Attorney give lowest priority to the enforcement and prosecution of marijuana laws. Section 5: SHERIFF OFFlCE ARRESTS AND ORATIONS The Board of Supervisors shall use its budgetary authority to ensuro that the Sheriff's Office makes no arrests and issues no citations for violations of the above state Health and Safety Code sections in any single case involving 2S or (ewer adult flowering female marijuana plant or the equivalent in dried marijuana. Sect/on B: DISTRICT ATTORNEY PROSECUTIONS The Board of Supervisors shall use its funding authority to ensure that the Section 7: EXPENDITURE OF FUNDS FOR CANNABIS ENFORCEMENT Neither the MendoGno County Board of Supervisors, nor the SheriM, nor the District Attorney shall spend or authorize the expenditure of any public funds /or the investigation, arrest, or prosecution of any person, or the seizure of any property in any single case involving 25 or fewer adult flowering female marijuana plants or the equivalent in dried marijuana, nor shall the Auditor Controller or the Treasurer- Tax Collector approve any such requests for such expenditures of public funds, or authorize or approve the issuance of any form of payment should such expenditures be made. Section 8: REPORTING The Board of Supervisors shall instruct the SherlfPs Office and District Attorney to report on December 1 of each year regsrdfng marijuana law enforcement and prosecution activities engaged in by themselves and by state, federal, andlor other law enforcement agencies within the County of Mendocino. Section 9: SERVERABILITY The people of Mendocino County fntend that in case a court of competent jurisdiction should find one or more of the above Sections illegal, the remaining Sections rema/n in full force and effect, District Attorney shall not prosecute any violations of the above state Health and Safety Code sections nor seize any property in any single case involving 25 or fewer adult flowering female marijuana plants or the equivalent in drfed marijuana. Attuul ~ment # ~. Petition to Board of Supervisors of Mendocino County We urge you to place a measure before the voters on the June 3 ballot which will repeal Measure G and make the limits for medical marijuana cultivation and possession the same as those currently allowed by the State of California which is 6 mature plants or 8 ounces of dried marijuana per patient. Also, we urge you to vote for final adoption of the ordinance which you introduced on December 11, 2007, which declares that cultivation of more than 25 marijuana plants total per parcel is a public nuisance. SIGN NAME I PRINT NAME Please return by January 4, 2008 to Restore Mendocino/Repeal Measure G Coalition 759 S. State #114 Ukiah CA 95482. For information: RestoreMendocino@yahoo.com